R.I. aims to block death-penalty trial

The US Court of Appeals for the First Circuit is expected to hear the case today.

The US attorney for Rhode Island, Peter F. Neronha, charged Pleau and two codefendants with robbery resulting in murder because the crime occurred at a federally insured bank, giving him jurisdiction.

Federal law allows for the death penalty because the alleged crime involved murder as part of a separate crime, but Rhode Island state law does not allow for a death sentence.

Last month, Chafee refused an initial request to voluntarily turn Pleau over to federal authorities under the Interstate Agreement on Detainers Act, which governs transfer of a defendant from state to state, saying in a statement that he could not “in good conscience voluntarily expose a Rhode Island citizen to a potential death penalty prosecution.’’

Andrew Horwitz, associate dean of academic affairs at Roger Williams University School of Law and an active member of the Rhode Island legal community, said yesterday that the case is unique in that it is the first in which a governor refused to hand over a defendant under an interstate agreement. Under the agreement, the federal government is considered a state, and a governor can refuse to transfer a defendant for public policy reasons.

“His view, which I think is entirely legitimate, is that as our duly elected governor in a state that has clearly shown it opposes the death penalty, he has the right to make that decision,’’ said Horwitz. “I think it’s quite interesting he joined the fight.’’

As a result of the shooting, Pleau was convicted earlier this year in state court of violating parole on a previous case and was sentenced to 18 years in jail. He has offered to plead guilty to state charges related to the robbery and slaying and to accept a sentence of life without the possibility of parole. Chafee has said he is confident Rhode Island’s justice system can handle the case.