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Death penalty on table for couple accused in death of adopted Russian son

By RICK LEE Daily Record/Sunday News

York, PA - The York County District Attorney's Office can proceed with its capital prosecution against a Carroll Township couple accused in the death of their 7-year-old adopted Russian son. This morning in Common Pleas Court, Judge John S. Kennedy denied motions from Michael and Nanette Craver to bar the prosecution from seeking the death penalty on grounds it is unconstitutional and cruel and unusual punishment. The Cravers, who remain in county prison without bail, are charged with first-degree and third-degree murder for the Aug. 25, 2009, death of Nathan Craver, allegedly by neglect and physical abuse. Kennedy agreed to instruct the jury that a sentence of life without parole in Pennsylvania means a convicted defendant must serve the rest of his or her natural life in prison. Kennedy ordered the parties to file briefs by Jan. 18 on the defense requests for motions to dismiss the charges and removing torture as the aggravating circumstance for the commonwealth to seek the death penalty. The judge also told the defense they would attempt to seat a local jury before ruling on requests to move the trial out of the county or bring in a jury from another county. The defense contends pretrial publicity will make it impossible for the couple to receive a fair trial from a York County jury. The Cravers are to return to Kennedy's courtroom for a status conference on Feb. 27. Read more at www.ydr.com

 

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