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Report: Man accused of killing trooper, relative in 3-parish rampage argues against possible execution

1 week 4 days 21 hours ago Friday, November 29 2024 Nov 29, 2024 November 29, 2024 12:14 PM November 29, 2024 in News
Source: The Advocate

GONZALES — A Livingston Parish man accused of killing a state trooper and a relative says in court papers that two laws being used to prosecute him are unconstitutional, according to a published report.

Prosecutors could potentially seek the execution of Matthew Mire, 34, if he is convicted of killing Trooper Adam Gaubert and Pamela Adair during a three-parish rampage Oct. 9, 2021. Mire allegedly also shot his neighbors before driving to Ascension Parish. After Gaubert and Adaid were shot, he fled into East Baton Rouge Parish, officials have said.

Prosecutors last week responded to court filings that Mire's lawyer had filed a month earlier, The Advocate reported Friday. Mire's lawyer, Kerry Cuccia, had said in October that the use of capital punishment is so erratic that its use would be "akin to being struck by lightning." The state said the motion was premature because Mire hasn't been convicted of anything.

Cuccia also claimed Louisiana improperly lets prosecutors strike potential jurors if the jurors are morally opposed to the death penalty. The practice discriminates against people with a religious objection to the death penalty.

The state said courts have long held the practice, known as "death qualification," is constitutional.

Mire's lawyer also opposes trials having a separate penalty phase after a conviction. 

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