NEW – Judge says death penalty OK in Johnstown war vet’s trial » Local News

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March 16, 2010

NEW – Judge says death penalty OK in Johnstown war vet’s trial

Anonymous The Tribune-Democrat Tue Mar 16, 2010, 10:14 AM EDT

HOLLIDAYSBURG — A Blair County judge says the death penalty is constitutional and should remain an option at the trial of an Iraq war veteran charged with killing two people during a sandwich shop robbery in Altoona.

Judge Jolene Kopriva rejected defense arguments that the deal penalty is “cruel and inhumane” and, further, that jurors are more likely to impose the death penalty if they’re first asked if they don’t object to it.

No trial date has been set for 29-year-old Nicholas Horner of Johnstown.

The Altoona veteran’s family and friends contend he suffered from post-traumatic stress disorder when he allegedly killed a 19-year-old clerk and a 64-year-old bystander while taking about $130 from a Subway store on April 6.

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Information from: Altoona Mirror

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