I think that might render the whole statute unconstitutional. The bill was developed cooperatively by Deputy House Speaker Donnalee Lozeau, Gov. Jeanne Shaheen and the attorney general's office after last summer's spate of horrific crimes, which included the murder of a Hopkinton child, Carl Drega's rampage in Colebrook and the shooting death of Epsom police officer Jeremy Charron. Bill supporters had conceded felony murder would cause considerable debate because of the fuzzy link, if any, between the perpetrator's actions and intentions. Lozeau, the bill's chief sponsor, is not sorry to see it go. I think it's a reasonable change.
Felony murder is such an extension of where the current capital murder statute is.
Judy Reardon, the governor's legal counsel, had not spoken with the governor yesterday. Shaheen has justified felony murder by saying armed burglars or rapists should know their actions might cause death. Lozeau, a Republican from Nashua, said she told Shaheen about the plans to remove felony murder. There is already a felony murder statute on the books. Anyone found guilty of a Class A felony in a case where someone dies can get life in prison without parole, even if prosecutors cannot prove the person intended to kill.