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PINAL COUNTY, AZ (AZFamily) — Two men already on Arizona’s death row are now accused of murdering another inmate, and Pinal County prosecutors are seeking the death penalty once again.
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Pete Van Winkle and Tracy Hampton are convicted murderers currently on death row. They’re now accused of killing fellow death row inmate Kenneth Thompson. Pinal County Attorney Brad Miller is seeking capital punishment a second time.
“You don’t get a free murder in prison,” Miller said.
Prior murder convictions factor into new death penalty charges
Miller said Arizona law outlines when prosecutors should seek the death penalty, and he said this case meets that standard.
“Some of those factors, they’re called capital aggravators, and some of those are prior murder cases,” Miller said.
Both Van Winkle and Hampton were already on death row for prior murders.
In 2008, surveillance video captured Van Winkle beating and strangling fellow inmate Robert Cotton in Maricopa County jail. Hampton was serving a death sentence for the 2001 murder of Charles Findley and Tanya Ramsdell, as well as Ramsdell’s unborn child.
New trial could add years to existing timeline, defense attorney says
Miller said there is no legal reason the new death penalty case should slow down the defendants’ current death sentences.
“One is going down a track, ours will go down a completely separate track, and the two won’t meet,” Miller said.
Defense attorney Benjamin Taylor disagreed, saying a new trial could add years to the original timeline.
“This is going to delay their prior death penalty conviction, and they have to go through a whole new trial,” Taylor said.
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Taylor said the process of appointing new death penalty attorneys alone could extend the case significantly.
“You have to appoint new death penalty attorneys, go through the process, and that alone in itself could take 10 to 15 years,” Taylor said.
Cost of second death penalty trial raises questions
Retired Deputy Maricopa County Attorney Susie Charbel said a death penalty trial is a costly undertaking, requiring a team of experts, doctors and witnesses.
“It is an extremely, extremely expensive undertaking,” Charbel said.
Miller acknowledged cost is part of the decision, but he said it will not stop his office from seeking the maximum penalty.
“We certainly do look at cost, but that is not our most important factor,” Miller said.
The next step, Miller said, is a return to court to set a trial date for the new death penalty case.
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