United States Attorney Roslynn R. Mauskopf filed notices of intention to seek the death penalty of five defendants, including McGriff, scheduled for trial April 3 before Judge Frederick Block in Brooklyn, New York. McGriff is being charged with murder and racketeering of New York, rapper Eric E Money Bags Smith and Smith's associate, Troy Singleton.
?In the event that the defendant Kenneth McGriff is convicted of the capital offenses relating to the death of victim Eric Smith, a sentence of death is justified and the United States will seek the death penalty,? writes Mauskopf in her filed notice of intent.
The notice also goes on to list statutory aggravating factors as justification for asking for the death of McGriff. The factors include: Grave risk of death to additional persons, substantial planning and premeditation, procurement of the offense by payment and conviction for a serious Federal drug offense.
Previously prosecutors alleged that McGriff helped fund Irv and Chris Lorenzo's The Inc. record label on illegal drug money, but they were unsuccessful in their attempt to prove it. In addition, the Majestic character in 50 Cent?s Get Rich or Die Tryin? was loosely based on McGriff.
Mauskopf closes her letter by stating that the US intends to ?rely upon all the evidence admitted by the Court at the guilt phase of the trial and the offenses of conviction, as described in the Fourth Superseeding Indictment, as they relate to the background and character of the defendant Kenneth McGriff.?
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