Updated: Dec 28, 2020
Today St. Charles County Judge Kelly Wayne Parker contradicted the hung jury and sentenced Marvin Rice to death. 11 out of 12 jurors previously voted against the death penalty for a former Dent County sheriff’s deputy and state correctional officer’s murder of his ex-girlfriend.
Just last year, the Supreme Court ruled it unconstitutional for a judge to overrule a jury’s decision in a death penalty case and Justice Sotomayor wrote that “the 6th Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury’s mere recommendation is not enough.”