Posted on 01/30/2004 5:26:05 AM PST by Redcoat LI
'Hang him': Judge: Noose or needle for killer Sampson By J.M. Lawrence Friday, January 30, 2004
A federal judge yesterday ordered killer Gary Lee Sampson to die by lethal injection ``or hanging'' in New Hampshire where families of three men he murdered can more easily watch his execution for ``despicable, inexplicable and inexcusable crimes.''
``If anyone deserves the death penalty, you do,'' U.S. District Court Judge Mark Wolf told Sampson, 44, proclaiming a New England death sentence as appropriate ``retribution'' for Sampson's six-day killing spree in 2001.
Rejecting the government's plan to execute Sampson in Terre Haute, Ind., the judge said the value of keeping the killer's appeals in U.S. Courts for the First Circuit ``trumps'' the convenience of using facilities for lethal injection already established on federal death row.
``His execution should not be a secret ceremony in the remote Midwest,'' the judge wrote in an order. This is the first time in three decades a judge has imposed the death penalty in Massachusetts. The Bay State abolished capital punishment in 1984, but Sampson was tried in federal court where the death penalty is still allowed.
Hanging remains an option if lethal injection is deemed impractical, Wolf said in his order.
Several members of the families of Sampson's victims said they will attend his execution, which likely won't occur until at least 2010 because of appeals.
``I want him to know I was there and I watched him,'' said Scott McCloskey, whose father Philip, 69, was carjacked and stabbed 24 times after giving Sampson a ride in July 2001.
In a statement to the court, McCloskey called Sampson ``the lowest form of human life'' for linking alleged abuse by his parents to his life of crime. ``How disgusting. What a coward he is,'' McCloskey said.
In December, 12 jurors rejected Sampson's claims of mental illness and brain dysfunction and said he deserves to die. Two jurors came to the court yesterday, where a handful of death penalty opponents paraded outside with signs.
``I needed to meet the families,'' said juror Susan Costello of Merrimack, who added she has no doubts about the verdict. She said she came seeking her own form of ``closure'' after weeks spent viewing crime scene photos of McCloskey's body and Jonathan Rizzo, 19, tied to a tree with his throat slit.
Jonathan's mother, Mary Rizzo, said Sampson has no conscience.
``If he had any remorse at all, he would be begging to die because he could not live with himself for killing our son, Mr. McCloskey and Eli Whitney only because they were kind to him,'' she told the court. ``The true justice will come when (Sampson) reaches the gates of hell.''
Sampson still faces state charges in New Hampshire for strangling Whitney, 58. His execution will ``moot that state's case against him and vindicate its interest in his being punished for murdering Robert (Eli) Whitney,'' the judge said.
Sampson, who turned himself into Vermont state police and confessed to his crimes, stood and spoke publicly for the first time yesterday. ``I'd like to apologize to the families. I am sorry for the devastation I've caused to them and also to my family,'' he said and sat down.
But the words came far too late for his victims. ``It was just an act. I don't think he gave a damn at all,'' said Lawrence Barrett, Jonathan's grandfather.
Sampson's attorney, David Ruhnke, maintained Sampson is ``mentally disturbed'' and blasted use of the federal death penalty asrandom and unequal. He noted gangster Stephen ``The Rifleman'' Flemmi was sentenced on Tuesday to life in prison for 10 murders.
Jonathan's father, Michael Rizzo, criticized the judge for his treatment of the victims' families during the trial.
``The court spent more time worrying about whether Mr. Sampson was here, and comfortable than demonstrating any concern for us,'' Rizzo told the judge.
Rizzo said he wants to watch Sampson's execution for ``some level of satisfaction.''
But Mary Rizzo said she won't watch. She said she believes ``when anyone dies, they should be surrounded by people who love them. Mr. Sampson took that away from Jonathan and me.''
In court, Mary read a note her son put in a Mother's Day card before he went to college, telling his mother how much he loved and appreciated her.
``I will have closure not at the end of this trial, not when Mr. Sampson dies,'' Mary said, ``but on the day I die, and I am with my son again.''
I don't think there are any first hand reports available. How about the guillotine? Frankly, I don't care how humane the method, as long as he dies.
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