Death penalty ruled out in murder case
December 09 2005 1:00 AM ET
ruled out the death penalty for both suspects in the
strangling death of a gay Colorado man whose body was found
in a park. Jason Fiske, 25, appeared in district court
in Montrose earlier this week for arraignment on
charges stemming from the July 30 death of Kevin Hale,
36. Fiske waived formal advisement on charges of
first-degree murder, first-degree felony murder,
robbery, conspiracy to commit robbery, theft, and
witness intimidation. "I would like to announce on the
record that we will not seek the death penalty," said
assistant district attorney Mark Adams, who declined to
Tom Raynes had previously announced he would not seek
the death penalty against codefendant Adam Hernandez, 21,
who faces charges of felony murder, robbery,
conspiracy to commit robbery, and theft. Hale's
mother, Elaine DeVinny Hale, said she would have liked
prosecutors to seek the death penalty. "That's what I want,"
she said. Fiske and Hernandez are expected to enter
pleas at their next court date scheduled for February
7. Hernandez is free on $100,000 bond.
Hale told police
he had been threatened because he was gay, and the
Colorado Anti-Violence Program has asked that Fiske and
Hernandez be charged with violating the state's
hate-crimes law. Prosecutors said they were still
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