Rothstein said he may ask the court to reconsider its pool of comparison cases, but emphasized his focus will be on distinguishing Addison from others convicted of killing officers.
“The cornerstone of that focus will be based not only what the jury found, but what the jury did not find,” Rothstein said. He the jury found Addison did not intend to kill Briggs and would not prove a danger to others behind bars if sentenced to life without parole.
Rothstein noted that Addison, now 33, could not be put to death in Texas — which has executed 506 people since 1976 — because juries there must find the convict would be a danger behind bars before handing down a death sentence. Virginia, with the nation’s second highest execution rate during that time period, requires a finding of intent to be eligible for a death sentence, he said.
Rothstein said he is still studying the court’s 243-page ruling and will probably ask for an extension of the usual 10-day period to file a motion for reconsideration.
If appeals fail, Addison could become the first convict executed in New Hampshire since 1939.