In a last-minute hearing before Ross’ scheduled execution, Chatigny infamously opined that Ross, who had confessed to raping and killing eight young women aged between 14 to 25, “never should have been convicted”. In that hearing, Chatigny chastised Ross’ attorney, T.R. Paulding, and threatened to have his law license pulled for not more vigorously pursuing Ross’ defense.
Although the hearing was supposed to be examining Ross’ competence to waive his right to appeal, Chatigny saw a wider context for presiding authority. He said, “looking at the record in a light most favorable to Mr. Ross, he never should have been convicted. Or if convicted, he never should have been sentenced to death because his sexual sadism, which was found by every single person who looked at him, is clearly a mitigating factor.”
Of course, having confessed to the rape-murders, coupled with overwhelming evidence, Ross most certainly should have been convicted. Nobody would dispute the sadistic nature of the crimes involved, either. Clearly Ross took pleasure in what he did. But by no means was Ross’ motive a “mitigating factor.” Instead, it recommended a death sentence.
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