The capital murder trial of Dennis Lee Daniel came to an abrupt close on November 23, 2009, when Circuit Judge Charles Strauss granted a defense motion to strike the only capital count.  The judge ruled that the Commonwealth had failed to show that the defendant's robbery of the victim's car, clothes and other personal property had motivated or caused the murder.  Because the murder was clearly the result of an entirely different motive---the defendant's jealousy and rage after learning that the victim had had a sexual relationship with his son while the defendant was in jail---the court ruled that the murder was not committed while in the commission of robbery, and thus did not constitute capital murder.  After the judged granted the motion to strike, the jury convicted Daniel of 1st degree murder, carjacking, robbery and abduction.

Local news coverage here.

Mr. Daniel was represented by David Furrow and by the Southwest Capital Defender team of Steve Milani, Jay Finch, Will Lindsey and Roger Dalton.  VC3 members Pat Chamberlain and Kamyle Griffin, Washington & Lee '10L, assisted in researching and writing the successful motion to dismiss.
 
This case marks the last scheduled capital trial of 2009, so it now appears that the year will end without imposition of a single new death sentence by a Virginia jury.