Furthermore there is not way to give Leiby’s killer a death penalty without amending the United States and New York Constitutions to permit a person to be punished at a level that was not permissible at the time of the commission of the offense — something known as an ex post facto law. This is so important that the original Constitution, prior to the Bill of Rights and the 14th Amendment, restricted the States from doing this!
“No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.”
There really isn’t any point in continuing the conversation here.