But this particular murder made headlines across the country. Why? Because the suspect, Kathy MacClellan, is 70-years-old.
On February 7th in Easton, Pennsylvania, Kathy MacClellan-after an apparent argument with 84-year-old Marguerite Eyer-attacked Eyer with the claw end of a hammer, hitting her 37 times in the head. When police arrived at the scene, Eyer was still alive and told the authorities who the perpetrator was. Eyer later died of her wounds at a local hospital. According to news reports, MacClellan had blood on her clothes and in her hair and a bloody hammer was found in her house at the time of her arrest.
Although the motive for the attack is still unclear, prosecutors are wrestling with whether or not they should seek the death penalty for MacClellan. District Attorney John Morganelli has said that he will wait until a jury is selected before deciding. The viciousness of the crime and the fact that a robbery occurred will likely be factors in the district attorney's decision. However, the suspect's age is something that the prosecution will have to carefully weigh before proceeding with a capital trial. If the death penalty is sought in the case, MacClellan will become the nation's oldest woman to be tried in a capital murder case since the reinstatement of the death penalty in 1977.
Once word had leaked that prosecutors were mulling over the possibilities of the death penalty, several human rights organizations quickly objected, claiming that MacClellan is too old to be executed. Amnesty International began an international campaign on behalf of MacClellan, saying that international law forbids the death penalty for someone over the age of 70 at the time of their crime. According to the American Convention on Human Rights, capital punishment "shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age." In 1977, President Jimmy Carter signed the convention, although the U.S. Senate did not ratify it.
The possibility of a death penalty trial may depend on two overriding factors: the makeup of the jury and the overall view of the elderly. Although most juries tend to shy away from handing down death sentences for the elderly, a jury sympathetic to the brutal nature of this particular murder may go against such a trend. And much like juveniles, the elderly are often seen in a different light than other age brackets. The questions of mental capacity and the aging of the brain are sure to be addressed in the coming months as the trial date nears.
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