The Daily Item, Sunbury, PA

News

November 21, 2009

Slaying victim’s mother unhappy with DA decision

MIDDLEBURG — The mother of slaying victim Steven Rodriguez is lamenting Snyder County District Attorney Michael Sholley’s decision to drop plans to seek the death penalty against two men accused of gunning down her son last May.

Santa Rodriguez said the family wasn’t pleased that David Cannie Jr., 27, of Philadelphia, and Abdul Malik Saeed Walker, 26, of Williamsport, will not face the death sentence if convicted of first-degree homicide in the shooting death of Steven Rodriguez, 19, on May 11 inside his 2078 N. Susquehanna Trail apartment in Selinsgrove.

“We’re definitely not happy about it, but ultimately it was (Sholley’s) decision,” the Kratzerville woman said. “Do I understand it? Yes. Do I like it? No.”

Sholley said he initially considered death as an option for Cannie and Walker based on early evidence that the shooting involved torture and a drug transaction.

“If circumstances warrant it being a death, or capital case, (then it would proceed),” he said.

As more evidence was collected, including information provided by the defense, however, Sholley said he determined the crime didn’t warrant a potential sentence of death for the two men.

Aggravating circumstances were never filed against a third suspect, Ibrahim Musa Wells, 27, of Mill Hall, who has reportedly cooperated with police.

Cannie’s attorney, Michael Dennehy, of Danville, would not comment on his client’s reaction to having the death penalty withdrawn.

“Mike (Sholley) made an honest assessment of the case and realized death was a long shot on this one,” Dennehy said. “If it’s a long shot, why spend a fortune in county money?”

Cost was not at all a factor in his decision, Sholley said. The decision will likely spare taxpayers a hefty bill.

According to Brandy Yasenchak, court administrator in Northumberland County where several death penalty cases have been held, attorney fees and the expensive mitigation experts that defense attorneys are entitled to hire increase costs significantly.

For the upcoming trial of accused double killer Michael A. Harrell, 40, of Sunbury, the court had to appoint an outside law firm, Miele & Rymsza, at $170 an hour to represent him since a death-sentence-qualified public defender from Northumberland County was not available and neither the conflicts nor special conflicts counsel are qualified to litigate capital murder cases.

That rate is almost three times the typical cost for an outside attorney — up to $63 an hour, Yasenchak said.

In Snyder County, Cannie, Walker and Wells are scheduled to appear at a pretrial hearing in early December.

Rodriguez said she will attend the hearing with family members.

She’s endured the death of her mother and two sisters, but said nothing compares with losing a child.

“We’re just trying to take it day by day,” Rodriguez said.

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