"And what does the LORD require of you But to do justice, to love kindness, and to walk humbly with your God"
-- Micah 6:8

"The duty of the prosecutor is to seek justice, not merely to convict."
-- American Bar Association Standard 3-1.2(c)

"There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
--Pope Benedict XVI, June 2004

Tuesday, April 24, 2007

Twinkie Defense Fails

Despite wishful thinking in some quarters that has it that only Texas is interested in pursuing executions, James Filiaggi was executed yesterday in Ohio for chasing down his ex-wife and shooting her in the head. The defense that his poor diet led to a chemical imbalance in his brain causing temporary insanity (the "Twinkie defense"), was rejected by the court which tried him.

Filiaggi was sentenced to death for chasing Lisa Filiaggi from her home and into a neighbor's house, where he shot her in the head, as she cowered on the floor. He also taunted her. Issues surrounding their failed marriage apparently were the motive.
The couple had two toddlers at the time Lisa Filiaggi was killed.

Actually, that summary puts it too nicely. Filiaggi bought a gun before the incident, and then hunted his ex-wife down, chasing her from her house to a neighbor's house where she had fled for protection. He kicked down the neighbor's door and searched until he found her hiding in a closet. He shot her once in the shoulder, but she she ran away until finally he cornered her for the last time, delivering two fatal shots. He then went to her stepfather's house, pointed the gun at him, and told him he was going to kill him. The stepfather was able to spray Filiaggi with pepper spray and run from the house.

Filiaggi dropped his appeals in 2006, but tried to resurrect them last week, hoping to hop on the "lethal injection is cruel and unusual" bandwagon. All courts considering his request to recommence his appeals rejected it.

In his final words, Filiaggi said there were many innocent people on death row (while declining to drop names) but tellingly said of himself, "for me--it's fine."

He's not the only one who thought his punishment was fine for him:

The Parole Board also reviewed letters from Lisa Filiaggi's mother, fiancé and 14-year-old daughter, all of whom urged that Filiaggi be executed.
That's right, even his daughter thought he ought to be executed. But the usual suspects, oblivious to the concerns of those closest to the case, maintain that the trial court was not deferential enough to the Twinkie defense and therefore Filiaggi should get a new trial.

4 comments:

Anonymous said...

Filiaggi was killed on Tuesday not Monday.

Anonymous said...

"...letters from Lisa Filiaggi's mother, fiancé and 14-year-old daughter"

Hmmm, so you think it's the defendant's daughter. I guess it was the defendant's fiance too?

Or, wait a minute...

Austin Defense Lawyer

Anonymous said...

i used to be jimmys pen-pal.he gave me a totally different story,not even mentioning his wife. i still have pics of his kids.this is insane.wish he was still alive so i could let him know whata low life scumbag he is.my god,i thought he was a terriffic person that got caught up in drug deal gone bad.

Anonymous said...

its me again.i couldnt sleep at all last nite knowing how this creep had me fooled.he was the nicest man,atleast on paper.im glad hes dead.