Ada County will not seek the death penalty in Robert Manwill murder case

 

http://www.idahostatesman.com/newsupdates/story/938872.html

BY PATRICK ORR – porr@idahostatesman.com

 

Robert Manwill

Ada County prosecutors decided Friday they will not seek the death penalty against first-degree murder suspects Daniel Ehrlick and Melissa Jenkins for the beating death of 8-year-old Robert Manwill earlier this year.

Ehrlick is accused of beating the boy — Jenkins’ son — to death. Jenkins is accused of covering up the crime and lying to police about what happened.

Ada County Prosecutor Greg Bower said in August much of the decision on whether to pursue the death penalty would depend on what kind of mitigating evidence defense attorneys provide to prosecutors as they swap discovery on the case.

It’s the prosecutor’s job to determine whether the aggravating factors exist for a jury to sentence someone to death, like if the killing was heinously cruel, the defendant has a propensity to commit murder, or the killer showed an utter disregard for human life.

It’s up to defense attorneys to find the mitigating factors a jury might consider to spare a life, like if the defendant suffers from mental illness or was a victim of child abuse themselves.

It is unknown exactly what evidence has been exchanged so far. Jenkins’ attorneys have filed a motion with 4th District Judge Darla Williamson to make prosecutors give them a copy of the search warrant documents which detail how Boise Police established the probable cause to search Jenkins’ Boise apartment and report what evidence they found there — evidence which contributed to her and Ehrlick’s arrest.

Those documents, normally made available after a suspect is arrested, have been kept secret in this case.

Idaho has executed only one person since reinstating the death penalty in 1977 — double murderer Keith Eugene Wells in 1994 because he dropped all his appeals and demanded a lethal injection. Every other person on Idaho’s death row — there are currently 17 prisoners with death sentences — has successfully fought execution, including Lacey Sivak, who was sentenced to death in 1981.

Melissa Jenkins and Daniel Ehrlick Jr. stood silent in August when asked if they planned to enter pleas to charges of first-degree murder in connection with the beating death of Jenkins’ 8-year-old son Robert Manwill in July.

The next hearing in the case is set for Nov. 5, when a trial date likely will be set.