Roof also faces state charges including nine counts of murder. joining me now is former federal prosecutor kendall coffey, good morning. thanks, jose. this probably didn t come as a surprise to you or anybody else, but why hasn t the justice department decided yet on whether to seek the death penalty in this case? well, that s actually a process that requires some further level of review. they take it very, very seriously in any kind of case whether they re going to actually formally request the death penalty. but significantly this indictment already identifies factors that make this case death penalty eligible. so i think it s very, very clear that that s where this case is heading. that both cases, to state homicide prosecutions and the federal hate crime prosecutions will be seeking the death penalty. kendall, who takes it first, the state or the feds? the state already has a trial date. and i don t think the federal government is here to push them out of the way.
Both murder and terrorism. talking about jurisdictions, he s facing three additional murder charges in washington state. those are hate crime allegations which are death penalty eligible. the prosecutors there are still deciding whether they re going to seek that. you just have to wonder, when you have duelling jurisdictions and charges and different places in the country how much it goes into the decision with what to charge what he may be facing in other states. and kudos to law enforcement for bringing him to justice in terms of the investigatory work they did in this particular case, getting surveillance video as it related to the crimes that occurred in washington, seeing he would have been in a dodge durango, calling ahead and saying hey, have there been any crimes associated with a durango? he happened to have been stopped earlier for having no plates. then there was another murder, they found a palm print, tracked it to his girlfriend, got him, executed a search warrant, lo
On an american airlines flight shortly after 9/11. michael sullivan, also former u.s. attorney for the district of massachusetts. michael, thank you for bringing your expertise here today. the richard reid case first of all, was not a death penalty eligible. can you explain why? sure. it was not pause there were no deaths that occurred as a result of richard reid s efforts. he was unsuccessful in igniting his explosive device. so nobody died as a result of richard reid s conduct. you need a death to have a death eligible case. jon: in this case the boston marathon bombings you have three deaths, you have 260 people hurt, 17 who lost limbs. yet it is my understanding only about a third of the cases in which federal juries see death penalty eligible defendants only about a third of the time they actually give the death
Not, but at this point it s really mute isn t it. absolutely gretchen i think the only hope he has in the death penalty phase is that he did not die in this horrible event that he carried out. in other words if he was a true terrorist, i would argue as his lawyer that he would have allow allowed himself to die. but he wanted to live. so that signals that he was not the terrible person that he was. molly, four we re ten out of ten guilty. reporter: yeah and those first ten charges are all death penalty eligible charges count 11 which is about to come in, will be the first charges that s not death penalty eligible, but count 12 through 17, pick right back as death penalty charges we re getting guilty for count
Relating to the dealt of crystal campbell. they re going through each count and how they relate to death. count three, also guilty. death penalty eligible. that relating to death of crystal a campbell. we are waiting for count four that has not been read yet. i think it s important it is just in. count four deb. count four. he is guilty. that means that that is the bomb he placed at the finish line and the jury found that it resulted in the death, one of two deaths. death of lindsey lu and martin richard. that he contributed to intentionally put that bomb there intending to kill people. that s count two. they re going through the first pressure cooker bomb and second bomb alternatively. so far on the top four counts all of them make him eligible