SUNBURY - Northumberland County District Attorney Tony Rosini announced Tuesday he will seek the death penalty for accused murderers Miranda and Elytte Barbour, and wants to try the husband-and-wife defendants together.
Rosini said he's confident a jury would impose the death penalty against both defendants if they are convicted of first-degree murder.
Also Tuesday, Miranda Barbour pleaded not guilty during a rare formal arraignment and requested a jury trial.
The Barbours are accused of killing Troy LaFerrara, 42, of Port Trevorton, on Nov. 11 in Sunbury in what has been labeled a "thrill kill" because of Elytte Barbour's statement to police that the young couple "just wanted to murder someone together."
Police said the victim was stabbed approximately 20 times and strangled with a cable in an alleged plot devised by the newlywed couple, who recently moved to Selinsgrove from North Carolina. LaFerrara answered a Craigslist ad from Miranda in which she offered companionship for money, police said.
Rosini filed a "notice of aggravating circumstances" that would permit jury members to impose the death penalty if they unanimously find that aggravating circumstances outweigh any mitigating circumstances. That and the notice for a joint trial were filed in the prothonotary's office shortly after 9 a.m. Tuesday, which was the deadline for the district attorney to decide on the death penalty.
He said aggravating circumstances include torture and the fact that a felony offense of robbery was allegedly committed during the killing.
During her 10:45 a.m. arraignment before President Judge William H. Wiest, Miranda, 19, was advised by her attorney, county chief public defender Edward Greco, to not have the criminal homicide and other charges filed against her by Sunbury police read before the court. The defendant, who had her legs shackled, told Wiest she understood her rights and pleaded not guilty to all the charges. Barbour, in a quiet voice, answered "yes" or "I do" to the judge's routine questions.
The defendant, who was escorted in and out of the courtroom by deputy sheriffs, appeared nervous during the brief legal proceeding. She cracked her knuckles on occasion and at one point seemed to mumble something to herself.
Greco, who was joined by assistant counsel Paige Rosini, said he plans to file various pre-trial motions within 30 days. Greco and Rosini, an assistant public defender, are both certified in death penalty cases.
Tony Rosini and Sunbury Sgt. Christopher Blase, one of the arresting officers, represented the prosecution.
Miranda Barbour, who was wearing an orange prison jumpsuit and sneakers, was transported about 8:45 a.m. from Northumberland County Prison to a detaining cell in the sheriff's office. for the scheduled 9 a.m. arraignment. But the proceeding was pushed back until later in the morning because Wiest said he never received official notice from the court administrator's office that the arraignment had been scheduled.
Prior to the arraignment, Wiest told a News-Item reporter, "It would be nice if somebody told me about this. I read in the newspaper over the weekend that the arraignment was supposed to start at 9 a.m., but it wasn't on my schedule. There is a lack of communication here."
Formal arraignments for Miranda and Elytte Barbour were both listed on a court schedule for Tuesday, sent out to the media by the court administrator's office. But no judge was assigned, which is customary for arraignments in the Court of Common Pleas because most are waived by defendants at their preliminary hearings before a magisterial district judge.
Elytte Barbour, 22, who is represented by attorney James Best, previously waived his right to formal arraignment and remains in Columbia County Prison in Bloomsburg. He is scheduled to appear for a hearing Feb. 5 before Judge Charles Saylor to determine if the commonwealth is responsible for paying for a psychiatric exam to determine if Elytte Barbour is competent to stand trial.The following are the 18 aggravating circumstances involved in seeking the death penalty in Pennsylvania:
1. The murder was especially heinous, atrocious, cruel or depraved (or involved torture).
2. The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing or aircraft piracy).
3. The murder was committed incident to a high jacking.
4. The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense.
5. The defendant committed or attempted to commit more than one murder at the same time.
6. The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value.
7. The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment or anything of pecuniary value.
8. The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony.
9. The victim was a child under 12 years of age.
10. At the time of the killing, the victim was in her third trimester of pregnancy or the defendant had knowledge of the victim's pregnancy.
11. The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties.
12. The victim was a pubic servant concerned in official detention who was killed in the performance of his duties or as a result of his official position.
13. The victim was the attorney general of Pennsylvania, a deputy attorney general, district attorney, assistant district attorney, member of the general assembly, governor, lieutenant governor, auditor general, or state treasurer who was killed in the performance of his duties or as a result of his official position.
14. The murder was committed against a person held as a shield, as a hostage, or for ransom.
15. The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing.
16. The victim was a nongovernmental informant and the defendant committed the murder or was an accomplice to the killing, and the killing was in retaliation for the victim's activities.
17. The victim was involved, associated, or in competition with the defendant in the sale, manufacture, distribution, or delivery of any controlled substance or counterfeit controlled substance.
18. At the time of the killing, the defendant was subject to a court order restricting in any way the defendant's behavior toward the victim or any other order of a court of common pleas or of the minor judiciary designated in whole or in part to protect the victim from the defendant.
(Source: Death Penalty Information Center)