Fitzgerald v. Commonwealth

A jury found Edward Benton Fitzgerald guilty of the capital murder of Patricia Cubbage; 1 armed robbery; rape; abduction with intent to defile; and burglary. For each of the offenses other than capital murder, the jury fixed Fitzgerald’s punishment at confinement in the penitentiary for life. In the second part of the bifurcated proceeding required by Code §§ 19.2-264.3 and -264.4 in the capital murder case, the same jury fixed Fitzgerald’s sentence at death. After considering the probation officer’s report filed pursuant to Code § 19.2-264.5, the trial court imposed the death sentence by…