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Affidavit says killer Spader may pass on resentencing hearing

New Hampshire Union Leader

April 12. 2013 12:47AM

MANCHESTER - It isn't clear whether the man convicted of killing a Mont Vernon mother and maiming her daughter in a 2009 home invasion will waive his constitutional right to resentencing under a recently-decided U.S. Supreme Court case.

In an affidavit submitted through his attorneys last week, Steven Spader, 21, said he would forego his right to be resentenced under Miller v. Alabama. The 2012 decision ruled mandatory life prison sentences without chance of parole sentences for juveniles is unconstitutional.

Spader was sentenced to life without parole on his first-degree murder conviction and was ordered to serve another 76 years on related convictions.

Spader was portrayed as the ringleader of a random home invasion in which he hacked Kimberly L. Cates, 42, to death with a machete and maimed her then 11-year-old daughter in an early morning bedside attack.

The Miller decision voided these sentences and required a resentencing hearing at which the court could hear mitigating and aggravating factors.

The court could still issue the same sentence after hearing the evidence.

The resentencing hearing in Hillsborough County Superior Court will be held April 22.

Judge Gillian L. Abramson ordered special steps be taken should Spader fail to appear. She ordered two sheriff deputies to go to state prison today and read her order to Spader with his attorneys present and ask Spader to explain his understanding of what the order said. The session will be videotaped and the sheriffs ordered to testify at the resentencing hearing if Spader fails to appear.

Neither Spader's defense attorneys nor the lead prosecutor would comment Thursday

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