No Charges Filed in “Solicitation of Murder” Case
February 13th, 2015 by
Friday, prosecuting attorney Thomas Deen released a letter, reference to a local ladies recent arrest on the charges of “solicitation of murder. ”
Deen’s letter says, “I have reviewed the investigative file concerning the arrest of Mary Maloney, concerning the solicitation for murder of an ex-employee and her former son-in-law. “A witness ” reported to police that on January 29, Maloney approached him, wanting to people to disappear. She said that she meant she wanted them dead.
Later that day, she gave him a piece of paper with the names, addresses, and phone numbers of the men targeted.
January 30, he and Maloney were to discuss the further details of the plan; but she instead returned and told him that she would not be able to live with herself, if she were to have the men killed. She told him that their conversation about the killings never happened.
In her interview, Maloney confirmed the essentials of this account of her dealings with the witness.
Like in many jurisdictions, Arkansas law provides for the defense of renunciation to the offense of solicitation and other inchoate offenses.
Ark. Code Annotated ยง 5-302 provides for the defense when a defendant “prevented the commission of the offense solicited, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose. ”
The statutory commentary notes of one of the reasons to allow a renunciation defense is encourage wrongdoers “to desist from pressing forward with their criminal designs, thereby diminishing the risk that The substantive crime will be committed..”
I find in this matter that Maloney is legally entitled to the benefit of the renunciation defense. She voluntarily renounced her criminal purpose, and interrupted the planning or commission of the murders that she had solicited.
For these reasons, the State declines prosecution in this case.
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You know Gillette has their coon supper and McGehee has their oyster supper, it looks like Monticello needs to have a crow supper so ALL of these folks around here can sit down and eat there crow all at once. Innocent until proven guilty. Great job Mr. Deen!
While I understand the reasoning behind the charges being dropped and the law that allows this to happen, this woman should have to attend some form of counseling or something because she tried to have the lives of two men taken. I am glad that she voluntarily stopped the proceeding, but I am uncomfortable knowing that she is free to change her mind again.
GREAT news. Prayers for the Maloney family having to endure such a terrorist.