Birdsall

I. BACKGROUND

On October 17, 2012, Birdsall and a friend, Cody Nicosia, murdered Barbara Latiolais in her home and stole numerous items, including a car. Birdsall, who had a distant family relationship with the victim and had done work at her home, knew her partner Mike Rice would be out of town. Birdsall thought Latiolais might also go out of town on a separate trip. Birdsall proposed a plan to burgle the house, and Nicosia agreed to participate. Birdsall and Nicosia hid outside the house for several hours, first in the yard and then under the front deck, but when Latiolais did not leave, they decided to kill her and proceed with the planned burglary. Birdsall later told police that he suggested they leave but Nicosia insisted they go through with the crime because they had come that far and were “kind of trapped.” Birdsall said, “okay.” Birdsall told the officers: “I should’ve just said, let’s go. I let the greed get to me.”

Miranda v. Arizona (1966) 384 U.S. 436.

2 Birdsall went to the front door of the house and asked Latiolais if he could do some work. She agreed and let him in. Nicosia entered at the back of the house. Once inside, Birdsall and Nicosia attacked…