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Lugo v. State2/20/2003
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Lugo next asserts that the trial judge improperly weighed the following proffered mitigating circumstances: (1) that he is not a totally immoral person and has exhibited great acts of kindness in the past; and (2) that his execution will have a tremendous negative impact upon the lives of his elderly mother, siblings, and six children. The trial court assigned little weight to each of these mitigating circumstances. Regarding the first circumstance, Lugo contends that in the face of his father's abusive behavior during his childhood, he nevertheless persevered and developed into a person who showed great love for his parents. He also emphasizes that after his sister passed away, he adopted her four children and assisted in raising them. Lugo's mother, however, testified that Lugo was raised in a loving home with two good parents. She added that the abusive behavior of Lugo's father was limited to two isolated incidents, and the specific behavior in each was never repeated. We therefore find no abuse of discretion in the trial court's decision to assign little weight to this mitigating circumstance. Acts of kindness, either considered individually or in tandem with Lugo's other mitigating circumstances, do not outweigh the murders here when five aggravators (especially CCP) apply to both, and HAC applies to one of the two. With regard to the second circumstance, too, the trial judge did not abuse his discretion in assigning little weight. While the impact that Lugo's execution would have on his mother and children is properly cognizable, it nevertheless does not outweigh the aggravators attached to the murders of Griga and Furton.
Finally, we note that the trial judge, sua sponte, found the following three mitigating circumstances and assigned little weight to them: (1) Lugo exhibited appropriate courtroom behavior; (2) Lugo assisted the police in finding the torsos of Griga and Furton; and (3) if he is not executed, Lugo would be incarcerated for the remainder of his life and would present no danger to society of committing any other violent acts. Lugo claims that although he presented no evidence to support these circumstances, the trial court nevertheless should have accorded them more weight, which in turn would have resulted in life sentences for each murder. Again, we disagree. The first of these circumstances warrants little discussion, as it clearly does not outweigh two gruesome murders and their associated aggravating circumstances. With regard to the second circumstance, the trial judge did not abuse his discretion in assigning little weight, because Lugo's help was of little value. Although Lugo assisted the police in locating the torsos, he also was aware that the key identifying features (heads, hands, and feet) had been disposed of in a separate location. Thus, this assistance was not of significant mitigation value. We further determine that no abuse of discretion occurred in the assignment of weight to the third circumstance. Under the facts of his case, Lugo's incarceration for the rest of his life does not outweigh, individually or in tandem with other mitigation, his commission of two murders with numerous aggravating circumstances.
Having reviewed the record in his case, including the findings as to aggravators and mitigators, we deny Lugo's requested relief of a new penalty phase.
Sentences for Non-capital Offenses
Lugo briefly asserts that his sentences for the non-capital offenses are "excessive and improper" because of the trial court's decision to impose a departure sentence and to require that all sentences be served consecutively. We disagree with Lugo's contention. The trial judge satisfied all requirements for imposing a departure sen
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