Federal Judge Says Sampson Should Get a New Sentencing Trial

Gary Lee Sampson, the serial killer convicted of killing Kingston native Jonathan Rizzo, and was sentenced to death in 2004 in federal court in Boston, is entitled to a new trial to determine whether his sentence was justified because a juror who voted for the death penalty was misleading in answering a series of questions during the jury selection process, a federal judge ruled Thursday.

According to the Boston Globe:

“It has now been proven that Sampson did not receive the fair process that the Constitution guarantees every man no matter how despicable his conduct,” Chief US District Judge Mark Wolf wrote in his ruling. “Therefore, Sampson must be given a new trial to determine his sentence.”

Wolf had presided over Sampson’s federal trial and imposed the death penalty after a recommendation from the jury. If Sampson is ever executed, he would be the first person executed for a crime in Massachusetts since 1947.

US Attorney Carmen M. Ortiz said her office would review the order and “examine all of our legal options.” She said Sampson had admitted to three “cold-blooded murders.”

The parents of Jonathan Rizzo held the Jonathan Rizzo Golf Classic at the Pinehills Golf Club Oct. 11, to raise money for a charity named in Rizzo's honor. Over the past 10 years, the couple has helped dozens of families across the South Shore. Rizzo, a 19-year-old college freshman, and BC High graduate, was dedicated to helping people, often taking home "stray cats" to dinner. Rizzo had picked up Sampson, who was hitchhiking.

Jonathan's father, Mike Rizzo, has spent the last eight years ensuring that Sampson's sentence is carried out. Sampson's lawyers have made several arguments against the death penalty verdict over the years, including suggesting that Sampson's difficult childhood should be taken into consideration.

If Sampson is ever executed, he would be the first person executed for a crime in Massachusetts since 1947. Massachusetts law does not allow for the death penalty, but Sampson was tried under federal law for the murders of Philip McCloskey, 69, of Taunton, and Rizzo. Sampson also strangled Robert “Eli“ Whitney, 58, of Penacook, N.H., Sampson pleaded guilty to state charges in that case.

What's your opinion? Should Sampson have gotten a new trial? What's your opinion about the death penalty?