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Bilodeau Case: State Is Deciding on the Death Penalty

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While the state tries to decide whether it will seek to kill the primary suspect if he is convicted in the 2½-year-old murder of City Hall consultant Paul Bilodeau,” there will be a two-month timeout for deliberation.

Deputy Dist. Atty. Heather Steggell told the court this morning that the Death Committee from the District Attorney’s office that votes on such matters has not yet convened. Typically, sources said, such a decision stretches 30 to 60 days or longer.

Superior Court Judge Kathryn Solorzano granted a continuance until Oct. 12, pointing toward a possible Thanksgiving vicinity start for the murder trial.

Defendant Myron DeShun Grant, accused of fatally shooting Mr. Bilodeau in his construction site/trailer office the night of Jan. 2, 2009, sat impassively next to his attorney Robert Conley as his potential fate was discussed.

“The recommendation from the trial attorneys is just now going up the chain of command,” Mr. Conley said later in the corridor of the courthouse. “I understand that their supervisory here signs off on the recommendation, and then it goes to what used to be called the Livesay Committee.”

As the defense attorney, Mr. Conley has the option of participating in, or more accurately contributing to, the decision-making process.

“The trial attorneys will be giving me a portion of the memo they are sending,” said Mr. Conley, a public defender. “I will look at that and determine if I wish to supplement it.

“Sometimes we do contribute. Other times, if we feel the memo sets it out well for the committee to make a decision on the death penalty, we will not supplement it because it is likely a non-death decision will be made.

“I usually wait until I have had a chance to review the materials sent by the trial deputies.”

Mr. Conley said he was confident that in such a setting where his views likely would be in the minority, his argument would receive a respectable airing.

“The committee process generally is a fair one,” he said. “Obviously we defense attorneys sometimes have problems with their decisions. But there are good people on the committee.”