Could an attorney weigh in on why the DA isn't going to seek the death penalty?

Could be the Prosecutor doesn't feel they have a strong enough case to pursue the death penalty...

What would the difference be between what they would have to show for a death penalty case vs. something else?

Hi Qwerty! How come you want somebody killed by the state? Can Qwerty please esplain why he supports the death penalty?

Regarding the death penalty vs. life in prison:

If the evidence were strong, but a murder weapon was not found, would that be enough for the DA to go for a lesson sentence? Those are the types of requirements I'm wondering about, that would help the DA decide what to do.

With no knowledge of the evidence to be presented at trial, I would think a prison term would be easier when only circumstantial evidence is presented vs the death penalty where concrete evidence is presented...

Let the Bastard ROT in jail and think about what he did every single day for the rest of his life..........Death is an easy way out! He should not be allowed to play cards either.

Qwerty -- Death penalty cases do not need a murder weapon to prove the case. See Scott Peterson for an example. Most often death penalty cases are not pursued when there has been some form of investigative "snafu" that could cause the whole case to crumble -- and you only get one crack at murder. See O.J. Simpson.

Cholo -- as far as the death penalty goes, people's beliefs are pretty personal. Myself, I endorse it but wish we (as a State) would actually act on it. "Decrease the surplus population," per Scrooge. In addition, one can't explain the conflict of not wanting a sex offender released into a community, not wanting to fund more prisons and law enforcement, yet not wanting to put people with solid to pretty solid cases to death. One can NOT have it both ways.

I used to support the death penalty. Now I wish they'd just eliminate it. It costs the state more for all the parole (not sure if that's the correct word) reviews over 25 years than it does to keep them in prison for life.

If the D.A's office has enough evidence to prosecute Sherer for the death of his parents, why are they not pursuing the death penalty? I don't know. Maybe the prosecutor will talk about it. If he did it, the guy should be given the death penalty! We wait too long to apply it in this state. Certain crimes should be automatically prosecuted as "death penalty" crimes. This seems crude but I believe it is effective in deterring some criminals from acting on their ideas. I do not think we are doing society a favor by keeping some criminals in prison for the rest of their life..I don't want to pay for it! And if you have ever lost someone to murder, you know it is not justice to have the perpetrator live in jail, while your loved one is gone.

Perhaps the prosecutors' reasons will come out at the trial. Perhaps they don't have a strong enough case. Special circumstances include "multiple murder" (check) and "murder for monetary gain" (check). From what we've seen in the press, this looks like a no-brainer for the death penalty.

I hope they have good reasons for not seeking the death penalty. I, for one, oppose the death penalty for several reasons. But, we all know that if some poor minority kid in Oakland had murdered his parents for some cash, they'd really push for the death penalty. Unless there are good reasons for not seeking death for Scherer, there will be the perception that well-off white people get a better deal than poor minorities (which is largely true, anyway...)

Does "life in prison" truly mean life here in California? Or can he be released early for good behavior? We moved here recently from another state and are not familiar with California's laws regarding the death penalty vs. life in prision.

Posted by Louise, a resident of the Castlewood neighborhood

I used to support the death penalty. Now I wish they'd just eliminate it. It costs the state more for all the parole (not sure if that's the correct word) reviews over 25 years than it does to keep them in prison for life.
_____________________________

The only reason it costs more is due to the number of appeals allowed and the years we spend feeding these losers.

Try playing Monopoly -- Go To Jail, Go Directly To Jail, Do Not Pass Go, Do Not Collect Anything Other Than A Jolt Or Injection.

And so with life in prison - they have a bed - 3 square meals a day -tv - exercise - phone privileges - and on and on and on - all the privileges of home! And WE all have to pay for it!!

I say - you kill - be killed. If they have enough evidence to hold him for life - they most likely have enough evidence for death.

Especially when they say BRUTALLY murdering. The parents weren't just shot and died quickly - they suffered!

What goes around comes around you creep Ernest Scherer III.

Posted by Cholo, a resident of Livermore, 53 minutes ago

commit the crime do the time...BUSTED!

And then he wants Qwerty to explain why he wants the death penalty?
Because he did the crime dumb dumb!
Is there any other suspects or even any other real motive?
He has been booked now be done with him!
He deserves the same he gave his parents who raised him!
Cholo get a life!

I am sickened by our DA.
This is a death penalty case and so should be tried as one.
Law and punishment are just too arbitrary and subjective. I for another say if it were a black kid from Oakland we wouldn't be having this discussion. Shame on us all.

No "shame" here...this case will unfold and justice will be served.