Amen to that.Quote:
Originally Posted by AltoidSteph
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Amen to that.Quote:
Originally Posted by AltoidSteph
Ditto.
This is my personal philosophy:
1. We were all made by God.
2. There are two types of people in the world:
a.) those who choose to do good, and
b.) those who choose to do bad.
I'm so tired of all the excuses for crimes. And how crimes are called "a mistake". Very seldom is that true. :evil:
What bothers me maybe the most is the excuse that Padilla was molested as a child. I have dealt with hundreds (literally) of abused (physically and sexually) children with my job. They don't just grow up and murder people in cold blood.Quote:
Originally Posted by curiouspat
I heard that closing arguments might happen today. Not sure how accurate that information is, though.
That's the buzz in the media Jenny. I havent heard from Barb yet. I know she wanted to hear the closing arguments. Ill try to confirm whats going on at lunch.
I'm going to do a little court house investigating as well and try to see what's up.Quote:
Originally Posted by AltoidSteph
http://www.tribune-democrat.com/siteSea ... 33823.html
Psychologist: Defendant could form intent to kill
By KATHY MELLOTT
The Tribune-Democrat
HOLLIDAYSBURG — The actions of a Cambria County man leading to a triple homicide showed he had plenty of time and the mental ability to form his intention to kill, a psychologist testified Monday.
“He had to move through time and space to the car, remove the gun under the seat, return to the front of the club, take aim and fire,” said Gerald Cook, a forensic and clinical psychologist testifying for the prosecution. “The elements are consistent with having the capacity to form specific intent to kill.”
Miguel Padilla, 26, of Gallitzin, has admitted to the Cumberland County jury through his attorney, Donald Speice, that he shot a handgun eight times into three men outside the United Veterans Club in Altoona on Aug. 28, 2005. Club owner Alfred Mignogna, bouncer Fred Rickabaugh and patron Stephen Heiss, all of Altoona, died.
The prosecution’s ability to convince the jury that Padilla had the mental ability to form the intent to kill could mean the difference between first- and third-degree murder convictions – and between a death sentence or life in prison.
The defense has claimed that alcohol and drug abuse marred Padilla’s thinking ability, as did the then-recent death of a friend and the fact that in the month prior to the shootings he neglected to take two drugs prescribed for panic attacks.
Padilla was portrayed by mental-health experts Monday as an angry man with a great deal of charm who is compulsive and needs to prove his masculinity.
“He’s charming, angry and bad-tempered at the same time,” said Dr. Stephen A. Ragusea, founder of the Meadows Clinic in State College, who testified for the defense.
Ragusea said the fact that Padilla had not taken two antidepressants for a month and the suicide of a friend a week earlier played little role in his actions.
Ragusea also said that Padilla’s lack of memory about the shootings is common for someone who has killed and cannot deal with the trauma of the act.
Five witnesses, including Padilla’s friend Marcellino Flores of Gallitzin, said they knew he used illegal drugs, including cocaine and crystal meth, and drank excessively. Yet none could testify that he had taken drugs or drank heavily in the days leading up to the murders.
Padilla’s brother, Oscar, testified Miguel visited his house the day of the shootings and borrowed a movie.
He learned of the shootings the next day from Miguel’s friend. “He said, ‘Our brother man is crazy. He just started shooting,’ ” Oscar Padilla said.
I'm hoping the jury is smart enough to see through the smoke screen the defense is throwing up. They can make all the excuses they want but they can't deny Padilla killed 3 people in cold blood. He deserves to be punished for the crime. If he had problems he should have dealt with them earlier, and it's still no excuse for murdering people.
My point, exactly.Quote:
He had to move through time and space to the car, remove the gun under the seat, return to the front of the club, take aim and fire,” said Gerald Cook, a forensic and clinical psychologist testifying for the prosecution. “The elements are consistent with having the capacity to form specific intent to kill.”
Boy, do I wish I was on this jury! :evil:
It's all up to the jury now.
http://www.wtajtv.com/news/local/3899031.html
CLOSING ARGUMENTS COMPLETE IN PADILLA TRIAL
Closing arguments have wrapped up in the Miguel Padilla murder trial. A Blair County jury now must decide what two psychologists could not agree on: whether Padilla had an intent to kill when he shot three people outside a social club where his friend was denied entry.
The 27-year old Padilla faces a possible death penalty if he's convicted of first-degree murder in the shootings outside the United Veterans Association Club in Altoona last August. Padilla's attorney does not deny the shootings, but says a history of drug abuse and child sex abuse left Padilla in a state where he did not form a legal intent to kill. A psychologist who testified for Padilla made that argument; a prosecution psychologist says Padilla shot the people simply because he didn't want to be pushed around.
It would be an easy decision for me to make. Thats for sure.
http://www.centredaily.com/mld/centreda ... 496463.htm
Posted on Tue, Sep. 12, 2006
Jury to begin deliberations in triple shooting outside club
Associated Press
HOLLIDAYSBURG, Pa. - A jury will be asked to decide whether a construction worker intended to kill three people shot outside a social club where his friend was denied entry.
Miguel Padilla, 27, of Gallitzin, could face the death penalty if convicted of first-degree murder in the shootings outside the United Veterans Association Club in Altoona on Aug. 28, 2005. Closing arguments were expected to begin Tuesday morning.
Authorities said Padilla was with a friend when they were denied admission to the club. While his friend argued and cursed with club workers, Padilla walked to his vehicle and pulled a gun from under his seat, police said.
Prosecutors said Padilla shot doorman Fredrick Rickabaugh Sr., 59, four times - including twice in the back - before shooting club owner Alfred Mignogna, 61, three times and patron Stephen M. Heiss, 28, who was waiting for his girlfriend to enter the club.
Psychologists called by the prosecution and the defense Monday disagreed about the intent of the defendant.
"When I look at all the behaviors here, the idea (Padilla) was acting to protect a friend or himself was less likely than saying, 'I'm not going to be pushed around,'" psychologist Gerald Cook of Philadelphia testified Monday on behalf of Blair County prosecutors.
But psychologist Stephen Ragusea, who testified in Padilla's defense, said other factors in Padilla's background, including alcohol and drug abuse and alleged sexual abuse by an uncle in his native Mexico, kept Padilla from forming a legal intent to kill.
Padilla's attorney, public defender Donald E. Speice, has not disputed that his client shot the victims but argues that Padilla did not form a legal intent to kill.
If the defendant is convicted of first-degree murder, jurors must then hear more evidence and decide whether to sentence him to death or to life in prison without parole.
This article has a video available at the link.
http://www.wjactv.com/news/9831101/detail.html
Jury Could Get Padilla Case Tuesday
POSTED: 1:46 pm EDT September 12, 2006
UPDATED: 2:21 pm EDT September 12, 2006
HOLLIDAYSBURG -- The triple murder trial of illegal immigrant Miguel Padilla could go to the jury Tuesday.
Closing arguments began earlier in the day, with the defense focusing on two things: First, did Padilla have the intent to kill the three men, and second, did the prosecution prove that intent beyond a reasonable doubt.
Defense attorney Don Speice said Padilla clearly intended to pick up a gun and shoot, but said his client did not intend to kill.
Speice said Padilla was impaired the night of the killings, and lacked medication in addition to drinking alcohol and using drugs. The attorney argued that Padilla was impaired to the point that he could not form the intent to kill.
The prosecution, district attorney Rich Consiglio, read the legal definition of intent to kill, which included a statement about circumstantial evidence saying the jury can find Padilla guilty of first-degree murder on the basis that he used a deadly weapon on a vital part of the body.
The defense asked the jury to find Padilla guilty of third-degree murder because he was impaired and didn't intend to kill the men.
Consiglio argued for the first-degree murder conviction for all three killings, and said the bullet which killed Stephen Heiss was intended to kill either Al Mignogna or Frederick Rickabaugh.
Stay with Channel 6 News for continuing coverage.
GUILTY--FIRST DEGREE MURDER
ALL THREE COUNTS!!!!!
The jury just came back a little bit ago. I can barely type, I'm shaking so bad.
That was fast, but I'm not surpised. Now will he get the death penalty or life?
the sentencing hearing is to start tomorrow.
Great! The jury didn't buy the defense's garbage. :D
now we just have to pray for alife sentence, not the death pentalty. we dont want Mexico sticking its nose where it doesnt belong
Mexico is going to meddle regardless of the sentencing. They are probably already doing so behind the scenes now. I wouldn't let them intimidate you. It's time someone stands up to them and tells them to butt out.
I say let him get the death sentence and suffer in solitary on death row for years of appeals rather than a life sentence right off the bat.
Beautiful headline.
http://www.altoonamirror.com/News/artic ... cleID=4745
Tuesday, September 12, 2006 — Time: 5:18:56 PM EST
Padilla guilty, could face death
HOLLIDAYSBURG - A jury convicted Miguel Padilla today on three counts of first degree murder.
The first degree conviction means Padilla could received the death penalty. A hearing will be held tomorrow to determine whether he gets life in prison or death.
Mirror reporters are working on a story for Wednesday's newspaper.
Here's a small story with a video link
http://www.wtajtv.com/news/local/3901161.html
PADILLA GUILTY
Jurors have found Miguel Padilla guilty of three counts of first degree murder. The verdict came down just after 3:30 Tuesday afternoon. Their decision came after two hours of deliberations.
Padilla was charged in the killings of three people outside the UVA club in Altoona last summer. His lawyers admitted Padilla fired the shots, but say there was no "intent" to kill.
The penalty phase of the case begins Wednesday morning. Padilla could be sentenced to death.
http://www.pennlive.com/newsflash/pa/in ... ylist=penn
Jury to weigh death penalty in triple shooting outside club
9/12/2006, 7:40 p.m. ET
The Associated Press
HOLLIDAYSBURG, Pa. (AP) — Jurors who deliberated for only two hours before convicting a construction worker of killing three men outside a club must now decide whether he deserves the death penalty.
Miguel Padilla, 27, of Gallitzin, was convicted Tuesday of three counts of first-degree murder in the shootings outside the United Veterans Association Club in Altoona on Aug. 28, 2005.
The jury was expected to begin hearing evidence Wednesday morning on whether Padilla deserves the death penalty. If the panel does not unanimously vote to sentence Padilla to death, he will be sentenced to life in prison without parole.
Authorities said that after a friend was denied admission to the club, Padilla went to his vehicle, got a gun, and opened fire when he returned, killing doorman Fredrick Rickabaugh Sr., 59; club owner Alfred Mignogna, 61; and patron Stephen M. Heiss, 28.
A defense psychologist testified Monday that Padilla was abused by his uncle in his native Mexico and also had trouble controlling his temper and actions due to a history of alcohol and drug abuse. A prosecution psychologist, however, testified that Padilla shot the men because he thought he was being pushed around.
Padilla's attorney, public defender Donald E. Speice, never disputed that his client shot the victims but argued that Padilla did not form a legal intent to kill.
The jury in the case was chosen in Cumberland County and bused to Blair County, where a judge had ruled that extensive publicity had made it impossible to find an impartial jury.
I had to go out in the field for work today and was just getting back when I saw the jury walking out of the court house. Most of them were all smiles. I kid you not.
I just want to say that I am happy with how well the District Attorney's did a great job in trying this case...I know this will never bring back any of the victims and its just one more step for closure for me...Hmmm death penalty or life sentence...death penalty---solitary confinement, no contact with other inmates, 1 hour of exercise a day, law books available at your request, maybe even a television and radio too...life sentence---school,library, ice cream, yard 3 times a day (thats 6 hours of exercise), sports,television and radio, and not to mention having to look over his shoulder everytime he goes to yard or to chow (ha ha )... There have been inmates on death row since the early 80's that have not been put to death yet and probably won't, there are many appeal processes that inmates exhaust---my concern is he is a Mexican National have we ever put to death someone that was not a US citizen?
Hello Barbie38 and welcome to Alipac!
To answer your question non citizens and illegal immigrants can be given the death penalty. The most recent I know of was a serial killer from Mexico called the Rail Road killer (see link below).
However murderers must be captured within U.S. territory for it to happen. If they flee to Mexico and make it across the border there is no chance for a death penalty sentence. In fact if we want Mexico to extradite a murderer from their country the United States must drop any plans of capital punishment first.
If Miguel Padilla is given the death penalty however, be prepared for the Mexican Government to fight it to the end. They believe it is a human rights violation to execute their citizens in our country. :roll:
http://www.alipac.us/modules.php?name=F ... ic&t=32956
Here's an article I thought might be of interest on extraditions between Mexico and the United States.
http://news.bbc.co.uk/2/low/americas/4483746.stm
Wednesday, 30 November 2005, 03:47 GMT
Mexico alters extradition rules
Mexico's Supreme Court has struck down a constitutional provision banning life imprisonment with no chance of parole.
The ruling means Mexico will be able to extradite wanted criminals to places in the United States where they face life without parole in jail.
However, a ban will remain in force in cases where US states could apply the death penalty.
Correspondents say the decision also means that Mexico could itself introduce life imprisonment.
For the past four years, extraditions have been banned in any cases where the criminal faced a life sentence in a US jail without the possibility of parole.
Since the ban was imposed, a number of notorious criminals have avoided being sent to the US in murder or drug-smuggling cases.
Now the Supreme Court judges have voted by a margin of 6-5 to remove the ban, although it remains in place for death penalty cases.
The ruling increases the chances of drug smuggling suspects like Benjamin Arellano Felix, alleged head of a Tijuana-based cocaine cartel, being sent to the US.
The extradition rules will apply to all suspects, including US citizens who flee to Mexico after committing crimes north of the border.
Life sentences are very rare in Mexico, which has no death penalty.
But the Supreme Court also ruled constitutional a modification of the penal code in Chihuahua state to allow for life sentences in murder and kidnapping cases.
Other Mexican states could now follow Chihuahua's example.
Here's a sample of how Mexico is trying to meddle with our justice system.
http://www.mexidata.info/id105.html
Monday, December 15, 2003
Mexico challenges U.S. death sentences in the World Court
By Barnard R. Thompson
The International Court of Justice (ICJ) is scheduled to hear a contentious case filed by Mexico against the U.S.A., challenging the legitimacy of the death penalty in this country, from December 15 to 19. Judges from the so-called “World Court,” the top-level legal body of the United Nations that is based in The Hague, will hear Mexico’s legal team argue that 54 Mexican citizens who were found culpable and who are now on death row in a number of states were denied their right to pretrial counsel and trial assistance by Mexican consular officials. As such, the pleadings will call for cancellation of all 54 executions.
In what is viewed as the unacceptable intervention by Mexico in U.S.A. domestic affairs, U.S. government attorneys will argue that over and above the improprieties in Mexico’s petition, the granting of such a request would violate this nation’s sovereignty.
During the recent debate in the Mexican senate with respect to last month’s foreign ministry (SRE) decision to replace a number of diplomats worldwide, some interesting insights into Mexican opinions and plans on the death penalty matter also surfaced. Per se, opposition party senators mainly based their comments and criticism on the November 7 announced decision to remove Santiago Oñate Laborde as ambassador to the Low Countries.
Silvia Hernández, a member of the Institutional Revolutionary Party (PRI) who chairs the senate’s North America Foreign Affairs Committee, charged that the arbitrary decision of the SRE to relieve Oñate — an attorney and onetime president of the PRI — of his post at this time weakens Mexico’s chance of winning the case against the U.S.A. This is a “life and death” matter, and as such all the work that Oñate has done since the case was filed last January — including his positive rapport with ICJ judges, could be damaged or lost the ex-tourism secretary said.
Former foreign minister (1982-88) Bernardo Sepúlveda Amor, one of 34 current members elected by the General Assembly of the UN to serve on its International Law Commission, also criticized Mexico’s decision to remove Oñate. “There is a very serious concern, (since) Oñate’s role is absolutely central. Besides being one of the attorneys for the Mexican cause, as ambassador he is the main link between Mexican authorities and the Court. (His dismissal) could lead to a break in Mexico’s relationship link with the Court at an absolutely crucial moment,” Sepúlveda admonished. Sepúlveda will also be a member of the Mexican team at the ICJ proceedings.
Barring commutation of sentence by a particular governor in the U.S.A., Mexico sees the ICJ as its only means to spare citizens facing capital punishment the death penalty. The Mexican Constitution prohibits the imposition of death sentences (excepting in a few exceptional circumstances), plus Mexico’s Supreme Court ruled in October of 2001 that life sentences are a violation of the Constitution.
Mexico’s fundamental argument is that the U.S.A. is in violation of the Vienna Convention on Consular Relations and Optional Protocols. In part, Article 36.1.b., states: “if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or custody pending trial or is detained in any other manner…” It would thus seem that all 54 of those now awaiting execution of sentence were not opportunely informed of their rights, and that none “so requested” consular services?
Following the clamor in the senate regarding Oñate and the ICJ hearing, foreign minister Luis Ernesto Derbez said that every effort possible would be made to defend Mexicans who face capital punishment abroad. Oñate in turn has been quoted in news reports as saying that, while he may no longer be ambassador to the Low Countries, he will be kept on this particular case until its conclusion. The ICJ is expected to rule by March 2004.
In addition to repeatedly voicing concern over the negative moves of the SRE and for the lives of the 54 Mexicans sentenced to death, Senator Hernández pointed a critical finger straight at the Fox administration. “The government has said that its foreign policy priority is the defense of Mexicans abroad, (and) here is its opportunity to show with actions that its policy is efficient and it is committed. It is clear to us that this means beating the U.S.A. in an international trial. One must not be afraid of the U.S.A.,” she said.
http://www.tribune-democrat.com/siteSea ... 34956.html
Padilla guilty in three murders
By KATHY MELLOTT
The Tribune-Democrat
HOLLIDAYSBURG— A self-employed contractor from Cambria County was convicted Tuesday of three counts of first-degree homicide in the deaths of three men outside an Altoona club.
The six-man, six-woman jury rendered its verdict against Miguel Padilla after just two hours of deliberations.
The panel rejected defense contentions that Padilla, who had a history of alcohol and drug abuse and supposedly was a victim of sexual abuse, did not have the mental capacity to form a legal intent to kill.
The finding of such intent is required for a first-degree conviction.
Spectators in the emotionally charged courtroom burst into applause as soon as the jurors left the room.
Jurors will consider today whether Padilla, 26, of Gallitzin – an illegal immigrant from Mexico – should receive the death penalty or be sentenced to life in prison.
The jury also convicted Padilla of aggravated assault and reckless endangerment in the Aug. 28, 2005, deaths of Alfred Mignogna, Fred Rickabaugh and Stephen Heiss, all of Altoona. Authorities said Padilla went to his car to get a gun after being denied admittance to the United Veterans Association, a private after-hours club.
The families involved were tearful and some overjoyed by the verdict.
“It will be better tomorrow at the end of the day. But this is the first step,” said Al Mignogna Jr., son of the owner of the UVA.
After the verdict, a tearful Maria Brauns of Gallitzin, Padilla’s mother, was whisked from the courthouse by a representative of the Mexican Consulate, but not before she vowed to The Tribune-Democrat that she is going to be strong.
“There’s nothing I can do to change anything,” said Brauns, who has been in the courtroom every day of the weeklong trial.
Janet Rickabaugh, wife of the club bouncer, said she and her late husband would have celebrated their wedding anniversary two days ago.
“It will never be over – what he did to us,” she said.
Her son, Fred Rickabaugh Jr., said he hopes Padilla gets life in prison so he must deal with the deaths every day of his life.
“Then he’ll have to think about it,” he said.
But Rickabaugh’s brother, John Rickabaugh, said he wants to see Padilla put to death.
“I’m going to be happy when the right verdict comes out,” he said.
Public Defender Donald Speice, in his closing statement Tuesday, argued that drug and alcohol use may have diminished Padilla’s mental capacity. He pushed for a conviction of three-degree murder on all three counts.
“I don’t know what happened that night. I wasn’t there,” Speice said. “Maybe even he didn’t know what was in his mind. He was upset about everything and he went downhill.”
Randy Heiss, brother of the 28-year-old bystander who was shot by a stray bullet, hopes his family can begin to heal. “We can all set our minds at ease knowing justice has been done,” he said.
In his closing statement to the jury, Blair County District Attorney Rich Consiglio said the case against Padilla is a slam dunk.
“That fellow right there,” he said, pointing to Padilla at the defense table, “deliberately killed Al Mignogna, Fred Rickabaugh and in the process killed Stephen Heiss.”
“First, the victims are dead. Second, he killed them. And third, he did it with intent to kill,” Consiglio said.
Even U.S. Rep. Bill Shuster, R-Hollidaysburg, weighed in on the verdict.
“These vicious killings are a terrible tragedy, and the fact that Padilla wasn’t supposed to be here at all just adds insult to injury,” he said in a statement.
“We need to close the loopholes that allow illegal aliens to remain in the United States, especially after prior arrests.”
Padilla, an illegal Mexican immigrant, was picked up twice by authorities, but they failed to deport him before he committed the murders, Shuster noted.
BUT, it's ok for him to execute 3 of our own! :roll: :wink:Quote:
If Miguel Padilla is given the death penalty however, be prepared for the Mexican Government to fight it to the end. They believe it is a human rights violation to execute their citizens in our country.
Quote:
In what is viewed as the unacceptable intervention by Mexico in U.S.A. domestic affairs, U.S. government attorneys will argue that over and above the improprieties in Mexico’s petition, the granting of such a request would violate this nation’s sovereignty.
Then why, doesn't Mexico, keep it's citizens home, so that their crimes, when committed. can be in their own country, instead of abroad? Oh...could it be for the $20 Billion that Mexicans send home every year? :roll: :evil:Quote:
In addition to repeatedly voicing concern over the negative moves of the SRE and for the lives of the 54 Mexicans sentenced to death, Senator Hernández pointed a critical finger straight at the Fox administration. “The government has said that its foreign policy priority is the defense of Mexicans abroad, (and) here is its opportunity to show with actions that its policy is efficient and it is committed. It is clear to us that this means beating the U.S.A. in an international trial. One must not be afraid of the U.S.A.,” she said.
I am NOT saying all Mexicans are criminal.
Unfortunately, if he is given the death pentalty, no one in this life time will see him die. He will sit on Death row secluded from everyone with the same benefits as every other prisoner, plus he has the luxury of Mexico fighting to get him off. Also, there is the extra cost to the state to supply the manpower to tend to him on death row. No, I want to see life in prison. Put him in general population and let him spend whatever time he would have left thinking about what he did. His own execution, in my opinion, will come soon enough.
http://www.altoonamirror.com/News/artic ... cleID=4756
Wednesday, September 13, 2006 — Time: 11:36:40 AM EST
Courtroom erupts into applause as Padilla's guilty verdict read
By Phil Ray, pray@altoonamirror.com
HOLLIDAYSBURG — Miguel Padilla was calm during his week-long trial until Tuesday when a jury found him guilty on three counts of first degree murder.
His eyes filled with tears, his face reddened and he fought to control his emotions.
The jury’s verdicts mean that Padilla, 27, of Gallitzin could as early as today receive the death penalty for killing three Altoona men last year.
Blair County District Attorney Richard Consiglio will ask jurors to impose the death penalty. Jurors for the first time will learn that Padilla is an illegal alien from Mexico and therefore not permitted to carry a gun.
Prosecutors also will present impact statements from the families of each of the three victims.
The jury returned its verdicts after deliberating two hours. Family members and friends applauded, breaking the silence and drowning out the tears of Padilla’s girlfriend who sat next to Padilla’s mother.
Judge Carpenter was furious.
“That is inappropriate. Anything more like that and you will be off to jail,” Carpenter said.
The judge said while the jury was not in the courtroom it was still on the floor, and he said the spectators through their applause were jeopardizing the trial.
Carpenter ordered sheriff’s deputies to take the names of four spectators who he saw applauding. Carpenter ordered the four be escorted from the courtroom and said those family members aren’t allowed at today’s hearing.
Bill Bouse, an uncle of shooting victim Stephen Heiss, was among those told to leave.
“I didn’t think it was right,” he said of the judge’s decision.
He said he didn’t start the clapping and that he applauded because everyone else was doing the same.
As Carpenter left the courthouse about 90 minutes after the verdict, he said he accepted the apologies of those who had applauded but still wasn’t letting them in the courtroom today.
The applause was unexpected and shocked Padilla. He turned to those applauding and forced a smile, then raised his cuffed hands and clapped in return.
As the furor died down, the impact of the three first degree verdicts seemed to bring some solace to the more than 50 onlookers who filled the courtroom.
Randy Heiss, 36, said, “I’m just happy with the verdict. Justice has been served. My brother can rest in peace now.”
He said the Padilla conviction “helps set our minds at ease.”
Stephen Heiss was an officer at the State Correctional Institution at Huntingdon, a job he got after a stint in the Marines.
“He had a growing career, going forward, then this happened,” he said.
The applause he said was “everybody just expressing their emotions.”
“Justice was done. It [the conviction] won’t bring my husband back,” said Janet Rickabaugh, wife of victim Fredrick Rickabaugh Sr.
She smiled and said Monday would have been her 41st wedding anniversary.
She was asked if the healing process has begun.
“It will never be over, never,” she said.
Fred Rickabaugh Jr., who comforted his mother, did not want to comment on today’s death penalty phase, but he complimented how prosecutors handled the case.
Al Mignogna Jr. was pleased with the verdict but did not want to comment as he fought back tears while leaving the courthouse.
Verdict follows short closing arguments
Padilla was charged with killing Alfred Mignogna, who owned the UVA building; Fredrick Rickabaugh Sr., the doorman; and Stephen Heiss, 28, a patron.
The shootings occurred after Padilla, his friend Travis Shumaker, and Shumaker’s mother, were refused admission to the after-hours club early Aug. 28, 2005.
Witnesses said Padilla went to the car he took to the club and obtained a .45-caliber handgun.
Witnesses said Padilla first shot Rickabaugh four times and then turned the gun toward Mignogna, who was arguing with Shumaker. He shot Mignogna three times. One of the bullets killed Heiss.
Padilla left the area but called police an hour later, contending he thought he hurt somebody but didn’t remember shooting anyone.
Public Defender Don Speice argued that Padilla was unable to form the intent to kill that night, a prerequisite for first-degree murder.
“The most crucial thing as to intent, there was no evidence he tried to get out of town. He called police and said, ‘I’m scared. Come and get me,’ ” Speice said.
District Attorney Richard Consiglio said, “Three people are dead because he is a violent person. He has a macho personality.”
Padilla, he said, was angry that he couldn’t get into the UVA.
The six-man, six-woman jury was from Cumberland County. Pre-trial publicity led Carpenter to order selection of the jury from outside Blair County.
The defense has given an inkling of what it will say today to try and spare Padilla’s life.
Padilla was raised by an abusive father. He was sexually molested by an uncle and suffered from mental problems, all situations that were brought out during the trial.
Defense attorney Ed Blanarik of Centre County, court-appointed to represent Padilla during the penalty phase, is expected to present these mitigating circumstances.
Mirror Staff Writer Phil Ray is at 946-7468.
Video available at article link.
http://www.wjactv.com/news/9840004/detail.html
Sentencing Phase Underway In Padilla Trial
POSTED: 12:36 pm EDT September 13, 2006
UPDATED: 1:58 pm EDT September 13, 2006
One day after convicting him of first-degree murder, a jury heard arguments on why Miguel Padilla should or should not live.
Wednesday, the sentencing phase of the triple-murder trial was underway in Blair County.
Padilla, an illegal immigrant, was found guilty Tuesday of shooting and killing three men outside of an Altoona club last summer.
Padilla's mother took the stand and testified that her son's best friend killed himself the week of the shootings.
Stay with Channel 6 News for continuing coverage.
http://www.tribune-democrat.com/homepag ... cturestory
Published: September 14, 2006 12:00 am
Sentencing deliberations to start today for Padilla
By KATHY MELLOTT
The Tribune-Democrat
HOLLIDAYSBURG — Convicted murderer Miguel Padilla was portrayed alternately Wednesday as a wonderful family man – and as an ogre who selfishly wrested away the dreams of three families.
With jurors poised to decide today whether Padilla lives or dies, both the prosecution and defense offered testimony to convince the jury of the right of their side.
Padilla was convicted Tuesday of the savage, cold-blooded murders of three men outside an Altoona after-hours club when he was denied admission. The Aug. 28, 2005, shootings claimed the lives of Alfred Mignogna, Fred Rickabaugh and Stephen Heiss.
The six-man, six-woman jury bused in from Cumberland County heard a full day of testimony presented by defense attorney Ed Blanarik, death penalty expert of State College, and family members of the deceased.
Compelling testimony was given by Matt Rickabaugh, the 18-year-old grandson of Fred Rickabaugh, who spent his early years at his grandfather’s home.
“The thought of never having him around terrifies me,” the recent Altoona Area High School graduate said. “Since he left, I’ve felt empty inside. I still don’t know how to deal with my feelings.”
Such words brought many jurors to tears.
Blanarik and the prosecution led by Blair County District Attorney Rich Consiglio will present their final statements to the jury beginning at 8 a.m. today.
The jury is expected to begin their sentencing deliberations by noon, deciding whether Padilla will receive life in prison without parole or capital punishment.
Padilla family members including his mother, Maria Brauns, and two brothers spoke at length about Miguel’s strong work ethic as a plasterer and carpenter, and the tight bond he has with two of three children.
Testifying for the defense Wednesday, Marc Tabackman, a psychologist from Towson, Md., said his examination of Padilla showed the 26-year-old suffers not from panic attacks – as earlier doctors testified at trial – but from post-traumatic stress disorder.
It was brought on, Tabackman said, by early sexual abuse by an uncle while the Padilla family lived in Mexico. It was compounded by an abusive alcoholic father, he said.
Fueled by frequent use of cocaine, crystal meth and alcohol, Tabackman said, Padilla thought his welfare and that of a friend were being threatened when an argument broke out in front of the Altoona club.
Consiglio wouldn’t buy it.
He questioned Tabackman at length about earlier testimony that Padilla had four or five drinks in a four-hour period the day of the killings, and said there is no proof he had used any illegal drugs that day.
Sandra Miller, mother of Heiss, said she lost a part of herself when her son was gunned down. More importantly, she said, her son “was cheated out of life.”
Barbara Mignogna, wife of the third victim, said she is left with no hopes and unfilled dreams. She said the greatest feeling of loss comes when she looks at her seven grandchildren.
Dana Thompson, one of Mignogna’s four children, called her dad unselfish. “He was the Pied Piper, the leader, the spark at every event,” she said from the witness stand.
http://www.centredaily.com/mld/centreda ... 513573.htm
Posted on Thu, Sep. 14, 2006
Jury weighs death penalty in triple shooting at Altoona club
Associated Press
HOLLIDAYSBURG, Pa. - Closing arguments were expected Thursday before a jury begins deliberations on whether a construction worker convicted of killing three men outside a club deserves the death penalty.
If the panel does not unanimously vote for the execution of Miguel Padilla, 27, of Gallitzin, he will be sentenced to life in prison without parole.
Jurors heard testimony Wednesday from Padilla's family that he was a good worker and doting father, while the victims' relatives described the pain of losing loved ones because of his actions.
A psychologist testifying for the defense said Padilla has post-traumatic stress disorder stemming from abuse he suffered as a child in his native Mexico. Prosecutors, however, attributed Padilla's actions to rash and violent machismo.
Jurors deliberated for only two hours on Tuesday before convicting Padilla of three counts of first-degree murder in the shootings outside the United Veterans Association Club in Altoona on Aug. 28, 2005.
Authorities said that after a friend was denied admission to the club, Padilla went to his vehicle, got a gun, and opened fire when he returned, killing doorman Fredrick Rickabaugh Sr., 59; club owner Alfred Mignogna, 61; and patron Stephen M. Heiss, 28.
The jury in the case was chosen in Cumberland County and bused to Blair County, where a judge had ruled that extensive publicity had made it impossible to find an impartial jury.
http://www.altoonamirror.com/News/artic ... cleID=4777
Thursday, September 14, 2006 — Time: 2:34:08 AM EST
Families say killings a ‘terrible tragedy you will never forget’
By Phil Ray, pray@altoonamirror.com
HOLLIDAYSBURG — The tears wouldn’t stop in the homicide trial of Miguel A. Padilla Wednesday as the families of the three Altoona men he shot to death shared their stories with the jury.
“Just when I think I have no more tears left to cry, they somehow find their way down my face and you wonder why ... why? I seem to say that all the time,” said Teresa L. Rickabaugh, the daughter of Fredrick Rickabaugh Sr., 59, who died in the shooting.
Bill Boese, uncle of another victim, Stephen Heiss, 28, called the murders a “terrible tragedy you will never forget.”
Dana M. Thompson said of her father, Alfred Mignogna, 61, “I was so blessed to have my father for almost 40 years. I am livid and outraged because [his grandchildren] were robbed of time spent with such a phenomenal person.”
The families and jurors were not the only people crying.
When court adjourned for the day, Padilla’s mother, Maria Brauns of Gallitzin, approached the families outside the courtroom.
Standing with her son Christian, 22, she apologized for the deaths and pointed how how the tragedy also affected her family.
Fred Rickabaugh Jr. listened and comforted Maria Brauns. He said it was thoughtful of her to express her sympathies.
In commenting after the unexpected meeting of families, he said Brauns is going through the same trauma as the victims’ families, but he said she will be able to visit her son in prison.
The statements from family members came after Padilla’s attorney, Ed Blanarik of Centre County, attempted to show that the 27-year-old construction worker was not in possession of his mental facilities when he went to the UVA with friends Aug. 28, 2005. He began shooting after his group was denied admission to the after-hours club.
Padilla’s father was a violent alcoholic who abused Maria Brauns, forcing her in 1989 to flee Calima, Mexico, with two of her four boys.
In Los Angeles, while working as a waitress, she met
Tim Brauns, a disabled Vietnam veteran who eventually brought her and her family to Gallitzin.
Her California neighborhoods were gang infested, and she related how Miguel and his older brother, Oscar, were mugged and robbed one day.
She said Miguel abused alcohol and drugs and he revealed weeks before the shootings that he was sexually abused by her brother when he was six.
Psychologist Marc Tabackman of Towson, Md., said these traumas and Padilla’s use of drugs and alcohol in 2005 came to a head when Padilla saw his friend, Travis Shumaker, arguing with Mignogna, who owned the UVA building, and Rickabaugh, the doorman.
In what Tabackman called “a flashback of accumulated traumas,” Padilla perceived the confrontation as threatening and opened fire.
Blair County District Attorney Richard Consiglio insisted in his questioning of Tabackman that Padilla simply was “a bad tempered, bad person,” who struck out in a macho manner at the situation.
The jury Tuesday found Padilla guilty on three counts for first-degree murder.
The six-man, six-woman jury will decide today if Padilla will be sentenced to death or serve life in prison.
Mirror Staff Writer Phil Ray is at 946-7468.
Sadly I agree the death penalty is becoming sort of a joke because of how long it takes to put someone to death. Seems the length of time keeps getting longer and longer before an execution takes place. I believe it is taking about 20 plus years now in most states. In my opinion they should give 5 years at the most for an appeal process and be done with it.Quote:
Originally Posted by AltoidSteph
I agree.Quote:
give 5 years at the most for an appeal process and be done with it.
I completely agree.
The jury was just let out to decide a little bit ago.
Let us know what happens since you will probably hear the jury's decision first.