Post by SoulTrainOz on Jun 17, 2006 20:27:24 GMT -5
By Michael Knox
mknox@independenttribune.com
Saturday, June 17, 2006
CONCORD - Prosecutors have filed a request for a hearing to discuss pursuing the death penalty in the case against Lewis Flein McCain of Kannapolis, who was arrested and charged with murder this month in connection with the death of his wife.
Jay White has been assigned as McCain’s court appointed attorney.
McCain, 49, was charged June 2 in connection with the death of his wife, Linda Pratt McCain, 45, who was found dead at her home June 1.
According to Kannapolis police, Linda McCain was struck in the head with a blunt object.
Kannapolis Police Lt. Chuck Adams said officials are waiting for results from the Charlotte Medical Examiner’s Office to determine cause of death.
Cabarrus County District Attorney Roxann Vaneekhoven said they have not decided whether they will pursue the death penalty.
“The petition that we filed is to simply request a conference with the judge and the defense attorney to discuss whether we will seek the death penalty and have a formal hearing set to do that,” she said. “Although the petition has been filed no decision has been made at this time as to whether we will seek the death penalty.”
Vaneekhoven said prosecutors must file a petition for a death penalty hearing within 10 days of an indictment. McCain was indicted by a Cabarrus County grand jury June 5 on a charge of murder.
“Once an indictment is issued in a murder case the time clock starts and the petition we just filed you have to file within 10 days just to later determine where we want to ask to purse the death penalty,” she said.
A hearing must be set within 45 days.
Vaneekhoven said the DA’s office must review the file before they decide whether or not the DA’s office will pursue the death penalty.
McCain is being held without bond at the Cabarrus County Sheriff’s Office. His next scheduled court appearance is set for June 26.
Source: www.independenttribune.com/servlet/Satellite?pagename=CIT%2FMGArticle%2FCIT_BasicArticle&c=MGArticle&cid=1149188558681&path=!news
mknox@independenttribune.com
Saturday, June 17, 2006
CONCORD - Prosecutors have filed a request for a hearing to discuss pursuing the death penalty in the case against Lewis Flein McCain of Kannapolis, who was arrested and charged with murder this month in connection with the death of his wife.
Jay White has been assigned as McCain’s court appointed attorney.
McCain, 49, was charged June 2 in connection with the death of his wife, Linda Pratt McCain, 45, who was found dead at her home June 1.
According to Kannapolis police, Linda McCain was struck in the head with a blunt object.
Kannapolis Police Lt. Chuck Adams said officials are waiting for results from the Charlotte Medical Examiner’s Office to determine cause of death.
Cabarrus County District Attorney Roxann Vaneekhoven said they have not decided whether they will pursue the death penalty.
“The petition that we filed is to simply request a conference with the judge and the defense attorney to discuss whether we will seek the death penalty and have a formal hearing set to do that,” she said. “Although the petition has been filed no decision has been made at this time as to whether we will seek the death penalty.”
Vaneekhoven said prosecutors must file a petition for a death penalty hearing within 10 days of an indictment. McCain was indicted by a Cabarrus County grand jury June 5 on a charge of murder.
“Once an indictment is issued in a murder case the time clock starts and the petition we just filed you have to file within 10 days just to later determine where we want to ask to purse the death penalty,” she said.
A hearing must be set within 45 days.
Vaneekhoven said the DA’s office must review the file before they decide whether or not the DA’s office will pursue the death penalty.
McCain is being held without bond at the Cabarrus County Sheriff’s Office. His next scheduled court appearance is set for June 26.
Source: www.independenttribune.com/servlet/Satellite?pagename=CIT%2FMGArticle%2FCIT_BasicArticle&c=MGArticle&cid=1149188558681&path=!news