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Thread: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

  1. #1
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    Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    This is ludicrous! Unbelievable! Outrageous!

    Penality overturned for man who killed 3

    :http://www.wate.com/story/17267556/d...il&Format=HTML

    By AMANDA LEE MYERS
    Associated Press

    PHOENIX (AP) - The Arizona Supreme Court on Tuesday threw out the death sentences of a Tucson man who bludgeoned his girlfriend and her two children to death in 1984 after lying in wait for each of them, ruling that the murders weren't especially heinous even though they were "atrocious" and "senseless."

    The state's highest court unanimously vacated two death sentences for James Granvil Wallace, 61, and imposed two sentences of life in prison for the children's killings. That's on top of the life sentence he's already serving for killing his girlfriend, Susan Insalaco.

    While the justices wrote that the Feb. 1, 1984, murders of Insalaco, her 12-year-old son, Gabriel, and her 16-year-old daughter, Anna, in their Tucson apartment were heinous in layman's terms, they weren't according to the letter of the law.

    That's because the justices found that Wallace didn't knowingly inflict more wounds on the family than he thought were necessary to kill them.

    Wallace was living with Insalaco and the children when he came home drunk Jan. 31, 1984, and she told him that he needed to move out, according to court records.

    The next day, Insalaco went to work and the kids went to school. Wallace attacked each of them when they arrived home separately after hiding behind the front door.

    When Anna came home, court records say that Wallace attacked her from behind and slammed a baseball bat into her head at least 10 times, so hard that the bat broke. Even so, Anna lay moaning and still alive, so Wallace told police that he dragged her into the bathroom and rammed the broken bat into her neck, down her chest cavity and out her back.
    When Gabriel arrived home shortly after, Wallace used an 18-inch pipe wrench to bludgeon him about 10 times, crushing his skull.

    And when Insalaco got home a couple hours after that, Wallace used the same pipe wrench to hit her in the head four or five times, killing her.

    Wallace turned himself in to police the next day and described the killings in detail, although he couldn't explain why he murdered the family. "I thought (Anna) would die with one blow - that'd be it, like in the movies," Wallace told police. "It ain't that way. She looked me in the eye, she knew who was killing her. ... I wanted to put her out of her misery, man."

    Wallace said he used the pipe wrench to kill Gabriel and Insalaco after the bat failed to kill Anna quickly because he didn't want to prolong their suffering.

    "Even among capital cases, this case is atrocious," the justices wrote Tuesday. "Wallace's premeditated, brutal murders of Anna and Gabriel clearly were senseless, and the unsuspecting, defenseless victims were helpless."

    But the justices said the case falls short of meeting the legal requirement for being especially heinous and, therefore, eligible for the death penalty.

    In order to be especially heinous, prosecutors must prove that a killer relished in a crime, inflicted gratuitous violence or needlessly mutilated a victim. They could also argue that a crime was particularly senseless or victims were particularly helpless.

    In Wallace's case, prosecutors only argued that he inflicted gratuitous violence. The justices disagreed, saying that every wound Wallace inflicted was meant to cause death because he didn't think he had yet inflicted a fatal wound.

    The justices also pointed out that under current Arizona statutes, Wallace most certainly would be eligible for the death penalty.

    For example, current statutes allow for a killer to be sentenced to death if he or she killed more than one person at a time. Because Wallace killed Insalaco and her children well before that statute was established, it does not apply to him.

    Wallace's Tucson attorney, Carla Ray, told The Associated Press that her client was stunned to learn of the court's decision.
    My favorite scripture: Malachi 3:16

    "Then they that feared the LORD spake often one to another: and the LORD hearkened, and heard it, and a book of remembrance was written before him for them that feared the LORD, and that thought upon his name!" (Every time we speak of the Lord, or even THINK of him--its written down in a book of remembrance!)

  2. #2

    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    How have they lost their minds? According to the letter of the law, which is what judges are sworn to follow, this man did not meet the requirement for the death penalty as argued by the prosecution. And it's not like they are setting him free; he still has to serve life in prison without the chance of parole, so what is the big deal?

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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    But if it is found that a white man beats someone of a different race or color, they can be charged for a federal hate crime. I am not saying this to stir the pot, but if justices can make a decision on what is in a mans mind, then they must be able to decide what is "heinous". I think it is really all a matter of opinion: they (the SCJ) decided they made a mistake. Ergo, they "fixed" it. They have to apply the statute, as it was written back then.

    How have they lost their minds? According to the letter of the law, which is what judges are sworn to follow, this man did not meet the requirement for the death penalty as argued by the prosecution. And it's not like they are setting him free; he still has to serve life in prison without the chance of parole, so what is the big deal?

    I agree: they are following the "letter of the law".
    "You're gonna make a difference when you lay down your life, and in complete submission to God, choose to die with Him in service to other people."
    "Sometimes it concerns me, you know, the number of people that can quote my songs, and-- or they can quote the songs of several different people, but they can't quote the Scriptures."
    http://www.youtube.com/watch?v=xZLFGZ6zpeI
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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    He ambushed them and beat the life out of them!

    What could be more 'heinous' than that! Would he have to chop off their head and limbs, THEN would it be heinous enough? Where do they draw the ine between heinous and "atrocious" and "senseless"?

    I say what he did was heinous. First, he bashed her head so many times with a ball bat that the bat BROKE. Then,
    Wallace told police that he dragged her into the bathroom and rammed the broken bat into her neck, down her chest cavity and out her back.

    That, my friends, is heinous. I bet if just one of those Judges was going through THAT, he (or she) would be yelling, "STOP! This is killing me heinously!" Bash their brains in with a ball bat, till it breaks. Then grab the BROKEN, jagged, splintered stub of the thing and ram it into the neck, down the chest cavity and out the back. I wonder if they would think it was a HEINOUS crime, it THEY had been the victim!

    Hey, it was heinous. At least, in my book...it was heinous. Impeach those judges!
    My favorite scripture: Malachi 3:16

    "Then they that feared the LORD spake often one to another: and the LORD hearkened, and heard it, and a book of remembrance was written before him for them that feared the LORD, and that thought upon his name!" (Every time we speak of the Lord, or even THINK of him--its written down in a book of remembrance!)

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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    I'm voting heinous too...not to mention the breach of trust...this was a person this woman and her children loved and trusted...that alone should qualify the violent murder as heinous...




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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    The foundations of law and order have collapsed.
    Truth stumbles in the streets.
    But God still rules from heaven.
    "knowledge makes arrogant but love edifies"

  7. #7

    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    Quote Originally Posted by Diggindeeper View Post
    He ambushed them and beat the life out of them!

    What could be more 'heinous' than that! Would he have to chop off their head and limbs, THEN would it be heinous enough? Where do they draw the ine between heinous and "atrocious" and "senseless"?

    I say what he did was heinous. First, he bashed her head so many times with a ball bat that the bat BROKE. Then,
    Wallace told police that he dragged her into the bathroom and rammed the broken bat into her neck, down her chest cavity and out her back.

    That, my friends, is heinous. I bet if just one of those Judges was going through THAT, he (or she) would be yelling, "STOP! This is killing me heinously!" Bash their brains in with a ball bat, till it breaks. Then grab the BROKEN, jagged, splintered stub of the thing and ram it into the neck, down the chest cavity and out the back. I wonder if they would think it was a HEINOUS crime, it THEY had been the victim!

    Hey, it was heinous. At least, in my book...it was heinous. Impeach those judges!
    Quote Originally Posted by quiet dove View Post
    I'm voting heinous too...not to mention the breach of trust...this was a person this woman and her children loved and trusted...that alone should qualify the violent murder as heinous...
    Whether you think it is heinous or not or whether the judges think it was a heinous crime or not does not matter. What matters is what the law says and by the letter of the law, this did not qualify the man for a death sentence. I'm not saying it wasn't a horrible crime, but the law is the law and the guy is still going to serve life in prison.

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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    Quote Originally Posted by Diggindeeper View Post
    This is ludicrous! Unbelievable! Outrageous!

    Penality overturned for man who killed 3

    :http://www.wate.com/story/17267556/d...il&Format=HTML

    By AMANDA LEE MYERS
    Associated Press

    PHOENIX (AP) - The Arizona Supreme Court on Tuesday threw out the death sentences of a Tucson man who bludgeoned his girlfriend and her two children to death in 1984 after lying in wait for each of them, ruling that the murders weren't especially heinous even though they were "atrocious" and "senseless."

    The state's highest court unanimously vacated two death sentences for James Granvil Wallace, 61, and imposed two sentences of life in prison for the children's killings. That's on top of the life sentence he's already serving for killing his girlfriend, Susan Insalaco.

    While the justices wrote that the Feb. 1, 1984, murders of Insalaco, her 12-year-old son, Gabriel, and her 16-year-old daughter, Anna, in their Tucson apartment were heinous in layman's terms, they weren't according to the letter of the law.

    That's because the justices found that Wallace didn't knowingly inflict more wounds on the family than he thought were necessary to kill them.

    Wallace was living with Insalaco and the children when he came home drunk Jan. 31, 1984, and she told him that he needed to move out, according to court records.

    The next day, Insalaco went to work and the kids went to school. Wallace attacked each of them when they arrived home separately after hiding behind the front door.

    When Anna came home, court records say that Wallace attacked her from behind and slammed a baseball bat into her head at least 10 times, so hard that the bat broke. Even so, Anna lay moaning and still alive, so Wallace told police that he dragged her into the bathroom and rammed the broken bat into her neck, down her chest cavity and out her back.
    When Gabriel arrived home shortly after, Wallace used an 18-inch pipe wrench to bludgeon him about 10 times, crushing his skull.

    And when Insalaco got home a couple hours after that, Wallace used the same pipe wrench to hit her in the head four or five times, killing her.

    Wallace turned himself in to police the next day and described the killings in detail, although he couldn't explain why he murdered the family. "I thought (Anna) would die with one blow - that'd be it, like in the movies," Wallace told police. "It ain't that way. She looked me in the eye, she knew who was killing her. ... I wanted to put her out of her misery, man."

    Wallace said he used the pipe wrench to kill Gabriel and Insalaco after the bat failed to kill Anna quickly because he didn't want to prolong their suffering.

    "Even among capital cases, this case is atrocious," the justices wrote Tuesday. "Wallace's premeditated, brutal murders of Anna and Gabriel clearly were senseless, and the unsuspecting, defenseless victims were helpless."

    But the justices said the case falls short of meeting the legal requirement for being especially heinous and, therefore, eligible for the death penalty.

    In order to be especially heinous, prosecutors must prove that a killer relished in a crime, inflicted gratuitous violence or needlessly mutilated a victim. They could also argue that a crime was particularly senseless or victims were particularly helpless.

    In Wallace's case, prosecutors only argued that he inflicted gratuitous violence. The justices disagreed, saying that every wound Wallace inflicted was meant to cause death because he didn't think he had yet inflicted a fatal wound.

    The justices also pointed out that under current Arizona statutes, Wallace most certainly would be eligible for the death penalty.

    For example, current statutes allow for a killer to be sentenced to death if he or she killed more than one person at a time. Because Wallace killed Insalaco and her children well before that statute was established, it does not apply to him.

    Wallace's Tucson attorney, Carla Ray, told The Associated Press that her client was stunned to learn of the court's decision.
    The legislature might have lost their minds, but judges are supposed to enforce as written. Looks to me like the high court in AZ enforced their statute as written.

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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    Quote Originally Posted by quiet dove View Post
    I'm voting heinous too...not to mention the breach of trust...this was a person this woman and her children loved and trusted...that alone should qualify the violent murder as heinous...
    Heinous in legal terms includes things like, mutilation, dismemberment, canibalism and things of that specific nature.

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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    Quote Originally Posted by Reynolds357 View Post
    The legislature might have lost their minds, but judges are supposed to enforce as written. Looks to me like the high court in AZ enforced their statute as written.
    This.

    While I agree that, personally, the crime is of a "heinous" nature, I do not think that it would fit the legal definition of that term.
    The minstrel boy to the war is gone,
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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    I wonder why the broken bat element would not meet the legal requirement for "especially heinous." I suppose Wallace's restraint in not bludgeoning the victims more times than necessary to kill them was a rather merciful and magnanimous gesture on his part, huh?

    At the very least, vicious murderers like this deserve life at hard labor, rather than a lifetime of being fed, clothed, and housed at taxpayers expense. I say build a high-tech Alcatraz, where they can labor for the rest of their lives on a huge rock pile, making gravel--and pay for their own upkeep. And make Joe Arpaio the Warden!

    When we stand before the Judgment Seat, we will have retained only two things from our earthly life: what God gave us, and what we did with what He gave us.

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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    At the very least, vicious murderers like this deserve life at hard labor, rather than a lifetime of being fed, clothed, and housed at taxpayers expense. I say build a high-tech Alcatraz, where they can labor for the rest of their lives on a huge rock pile, making gravel--and pay for their own upkeep. And make Joe Arpaio the Warden!
    Too bad that will never happen: it would be considered "cruel and unusual". We need to coddle our prisioners, as according to todays society it is never truly their fault thay have done what they have done.
    "You're gonna make a difference when you lay down your life, and in complete submission to God, choose to die with Him in service to other people."
    "Sometimes it concerns me, you know, the number of people that can quote my songs, and-- or they can quote the songs of several different people, but they can't quote the Scriptures."
    http://www.youtube.com/watch?v=xZLFGZ6zpeI
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    For ye have not received the spirit of bondage again to fear; but ye have received the Spirit of adoption, whereby we cry, Abba, Father

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    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    Sad times we live in in where a vicious murderer is granted life while the unborn guiltless of any sin are condemned to be torn asunder from their mothers womb. May God deal ever so harshly with us all in His judgement of an America that has so forsaken Him. - - - - Dravenhawk
    Will you choose your own path or will you have it chosen for you?

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  14. #14

    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    Quote Originally Posted by Sojourner55 View Post
    I suppose Wallace's restraint in not bludgeoning the victims more times than necessary to kill them was a rather merciful and magnanimous gesture on his part, huh?
    Quote Originally Posted by ChristianCoffee View Post
    We need to coddle our prisioners, as according to todays society it is never truly their fault thay have done what they have done.
    These two quotes pretty much say it all.

  15. #15

    Re: Have the Arizona Supreme Justices Lost Their Mind? They oughta be impeached!

    I'd say he is fortunate in the event that he may still have hope and come to Christ, if he hasn't already.


    As horrible as these deaths were, it was not the law then. That's why he is fortunate.

    If someone killed someone and was about to be released from jail in a few months or so close that they could taste it and there was a new law that said those who do such things are now given mandatory life sentences, that would be crazy to tell them..."sorry buddy, now you gotta stay in the rest of your life."

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