unconstitutional by virtue of the fact that the death penalty is cruel and unusual punishment as prohibited by the constitution of the United States and ask that the Court declare the statute unconstitutional.
THE COURT: That will be denied. It has been upheld as constitutional in Arkansas -- the Supreme Court -- and the courts of a number of other states.
MR. FORD: Your Honor, I also have filed a motion and although it has been considered by the courts, I would like to raise it for the record, your Honor, which states, "The defendant is charged with capital murder for the premeditated and deliberated killing of another person."
The statute has been amended for capital murder to where it is identical with the statute in its effect for first degree. If you have the purpose to kill someone, you get murder in the first degree. If you have the premeditated and deliberated purpose of killing someone, you can get capital murder.
There is no clear difference between capital murder for which Mr. Baldwin is charged and first degree, it leaves it entirely within the discretion of the prosecuting attorney's office as to whether or not you proceed to charge the defendant with capital murder or to proceed to charge him with first degree