Rudolph attorneys say crimes don't warrant death penalty
Lawyers want to block testimony from bombing survivor
By Henry Schuster
CNN
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ATLANTA, Georgia (CNN) -- Accused bomber Eric Rudolph's lawyers say the crimes their client is charged with don't warrant the death penalty, and they have asked a federal judge in Alabama to block testimony from a survivor of one attack from testifying in any trial's penalty phase.
Rudolph's lawyers say the crimes he is charged with do not involve substantial premeditation and planning or multiple attempted killings, both of which are conditions that would qualify Rudolph for the death penalty if convicted.
Rudolph is charged with the bombing of the New Woman All Women Clinic in Birmingham, Alabama, in January 1998. The blast killed an off-duty police officer working as a security guard at the clinic, which performs abortions, and maimed a nurse.
The defense motion filed Wednesday also asks that the nurse, Emily Lyons, not be allowed to testify should the trial reach a penalty phase. Lyons' injuries were so severe that she has required 19 surgeries and has been left blind in one eye.
"The introduction of the highly inflammatory evidence regarding Ms. Lyons' horrific injuries will encourage the jury to impose a death sentence for this aggravated crime," says the defense motion.
There has been no response from the prosecution to the motions. Defense lawyers already have filed a motion to challenge the constitutionality of the death penalty,
Rudolph's trial is scheduled to begin in August in Birmingham. The defense is asking for a change of venue in the case, arguing that Rudolph can't get a fair trial in Alabama.
Rudolph was caught on May 31, 2003 after a manhunt that lasted more than five years. He also faces charges for a string of bombings in Atlanta, including the Centennial Park blast during the 1996 Olympics.
He had been indicted on the Birmingham charges in 1998, but after he was caught, he was re-indicted under charges making him eligible for the death penalty.
The decision to seek the death penalty was made by the federal government last December.
