Littrell

ORDER STRIKING THE GOVERNMENT’S NOTICE OF INTENTION TO SEEK THE DEATH PENALTY

Defendant Gary Joe Littrell moves to strike the Government’s notice of intention to- continue to seek the death penalty against him as unconstitutional. Mr. Litt-rell’s motion is GRANTED. The Government violates a defendant’s right to due process under the Fifth Amendment to the United States Constitution when its decision to seek the death penalty is arbitrary and capricious.

I. FACTUAL BACKGROUND

Mr. Littrell is one of forty defendants charged in what is believed to be the larg est capital murder indictment in American history. The target of this indictment is the Aryan Brotherhood prison gang. Originally founded in San Quentin Penitentiary in the 1960s, the Aryan Brotherhood has evolved into one of the most dangerous, violent gangs in both the federal and state penal systems. The gang and its members live by the “blood in, blood out” motto. To gain membership in the Aryan Brotherhood, an inmate generally must kill on behalf of the Aryan Brotherhood. Having entered the gang by blood, that person is a member of the Aryan Brotherhood until death.

As suggested by its name, the Aryan Brotherhood is a…