Jason Pleau, accused Woonsocket bank shooter. File pool photo by The Providence Journal
By Steve Klamkin WPRO News
A federal judge Wednesday heard arguments for and against imposing the death penalty against a man, if he is found guilty in the shooting death of a gas station manager in 2010.
Over more than two hours, Judge William Smith heard a lawyer for Jason Pleau argue that his client should not be subjected to the death penalty in the killing of David Main. He was shot outside a Citizen's Bank branch on Diamond Hill Road in Woonsocket on September 20, 2010.
Gov. Lincoln Chafee unsuccessfully argued against surrendering Pleau to federal custody to face a possible death penalty prosecution.
Attorney David Hoose urged Smith to hold the death penalty unconstitutional.
"I know that you would be stepping way out on a limb," Hoose told the judge, adding, "The law doesn't change until someone is the first to say, 'This is wrong'."
"You're asking me to ignore binding precedent," countered Smith.
Federal prosecutor Jacabed Rodriquez-Coss of the Justice Department's Criminal Division Capital Case Unit argued that decisions on seeking the death penalty are based on the circumstances of the offense, aggravating circumstances, and the defendant's character, record and background.
She disputed Hoose's claim that the people of Rhode Island, through their elected officials, oppose the death penalty and that the federal government should not seek capital punishment in a state opposing it.
"The citizens of one state cannot decide who the federal government can proceed against," she said.
In court, Hoose acknowledged that he recognized that he probably hadn't changed Judge Smith's mind.
"He's correctly pointed out that there's Supreme Court precedent and Circuit Court precedent and, you know, it's a rare judge that's going to do anything contrary to that, and I respect that," Hoose told WPRO News outside the court.
Judge Smith said that he would issue a written decision "fairly quickly".
Hoose also argued against a series of 'aggravating factors' that could support a death penalty prosecution, and Rodriquez-Coss countered them point-by-point.
She also revealed that Pleau threatened to kill a correction officer in February.
She agreed to supply certain information to the defense by May 20th.
Hoose also acknowledged that, if Pleau is found guilty at trial, he has agreed to forego a sentence involving a term of years. Jurors would then be asked in a penalty phase of his trial whether he should face a death sentence, or life imprisonment without the possibility of release.
Judge Smith said that he would issue a written decision "fairly quickly".
Pleau appeared in court in prison khakis. He was clean-shaven, and watched the proceedings with interest, consulting occasionally with co-counsel Robert Mann.
About ten members of David Main's family sat in the courtroom during the arguments, which lasted for more than two hours.
