Prosecutor won't seek death penalty against Manwill suspects
Greg Bower, Ada County prosecutor, announced the decision Friday afternoon.
Bower said the decision is based "upon our careful review of federal and state death penalty law."
 Robert Manwill |
"There are many legal and factual reasons why the prosecutor's office will not seek the death penalty in this case," Bower said.
The prosecutor went on to say that he's not allowed to go into detail about why he decided not to pursue the death penalty.
Jenkins, Robert's mother, and Ehrlick, boyfriend of Jenkins, are charged with first degree murder in the death of Robert, whose disappearance and killing drew national media attention. The boy was reported missing July 24, prompting an intense community-wide search.
His body was found in the New York Canal near Kuna about two weeks later.
The Ada County grand jury indictment says the boy was tortured, beaten repeatedly and ultimately killed by Ehrlick.
One Boise family who helped search for the little boy says they are shocked to hear prosecutor's won't seek the death penalty.
"If they are innocent they are innocent. If they are guilty then they need to serve their time and pay the price for the crime that they committed. I don't think that Robert should have ever dealt with the situation he was in," said Connie Forgey.
Both Jenkins and have waived their right to a speedy trial. Their attorneys and the judge will meet Nov. 5 to schedule a date for the trial, which probably will be in the spring or early summer.
In the past six years, the Ada County prosecutor's office has sought the death penalty in five cases and juries have imposed the death penalty for three.
