Wednesday, June 4, 2008

Cuadra Omnibus Pre-Trial Motion: Motion to Dismiss Aggravating Circumstances


111. Cuadra incorporates herein by reference and makes a part hereof Paragraphs one (1) through one hundred ten (110), above, inclusive, as if the same were fully set forth at length herein.

112. In the Notice of Aggravating Circumstances, the Commonwealth alleges that Cuadra committed the killing while in the course of committing a felony(42 Pa.C.S.A. §971 1(d)(6), and that Cuadra created a grave risk of death to another person in addition to the victim of the offense (42Pa.C.S.A.97ll(d)(7).

113. Any of the felonies alleged by the Commonwealth and, more particularly, the requisite intent to commit said crimes, were committed after the death of the victim.

114. Additionally, there is insufficient admissible evidence by which the Commonwealth can prove any of the alleged felonies as alleged in the above-captioned information.

115. The Commonwealth’s Notice of Aggravating Circumstances is vague, ambiguous and lacks the requisite specificity to give Cuadra sufficient information to prepare for the sentencing hearing thereby violating Rule 801 and the due process of law guaranteed under the Pennsylvania and United States Constitutions.

WHEREFORE, Cuadra requests this Court to strike the Aggravating Circumstances alleged by the Commonwealth.