Prosecutor to pursue death penalty against former Pocono couple for child's death

The Chester County District Attorney’s Office intends to pursue the death penalty for a former Pocono couple charged with a 12-year-old's murder.

Rendell A. Hoagland, 52, and his girlfriend Cindy M. Warren, 46, both of West Caln Township and formerly of Monroe County, were initially charged in May with attempted criminal homicide and other charges in the death of Hoagland’s daughter, Malinda Hoagland.

At a news conference on Thursday, DA Christopher de Barrena-Sarobe discussed upgraded charges, including murder, and the process for pursuing the death penalty.

“Every first-degree murder charge, when it is supported by certain factors, is eligible for the death penalty,” de Barrena-Sarobe said.

Charges against Hoagland and Warren include first, second and third-degree murder, among 282 total charges each.

More: Former Pocono couple faces murder, hundreds of charges in 12-year-old's death

“One of those factors that we are to consider is torture — regardless of the age the victim — whether they were tortured before or as part of their killing,” de Barrena-Sarobe said.

Torture is the primary factor in this case, he said, though additional factors are being researched.

His office must file a notice of intent to seek the death penalty, and de Barrena-Sarobe intends to do so.

He added “that determination is not set in stone,” and conversations with Malinda’s family will be part of the process.

“Because we have been working on this aspect of the case, the investigation phase, I have not gotten a chance to personally sit down with Malinda’s family. They will be consulted as part of the final determination of how we proceed,” he said.

Other factors of the death penalty statute will be considered as well. “In the end, before trial, we will make our final determination as to how we are going to proceed with the death penalty.”

Juries decide whether a person guilty of first-degree murder will face the death penalty or life in prison, “unless waived by the defendant with the consent of the Commonwealth, in which case the trial judge shall hear the evidence and determine the penalty in the same manner as would a jury,” Pennsylvania law says.

For the death penalty to be imposed, a unanimous jury or a judge must find at least one aggravating circumstance and no mitigating circumstance, or that aggravating circumstances outweigh mitigating circumstances. Otherwise, the sentence is life imprisonment.

Gov. Josh Shapiro has said he won’t sign execution orders, continuing a policy of his predecessor, Gov. Tom Wolf.

“The system is fallible, and the outcome is irreversible,” Shapiro said last year.

More: Shapiro announces shift on death penalty, won't sign execution orders

Malinda Hoagland’s older half-sisters “are very pleased with the announcement of the death penalty against Rendell Hoagland and Cindy Warren,” attorney Alexandria Crouthamel said in a statement. Crouthamel added she and attorney Tom Bosworth “intend to pursue justice against all of those who missed the repeated warning signs and failed Malinda so miserably.”

Kathryne Rubright is the managing editor of the Pocono Record and the Tri-County Independent. Reach her at krubright@gannett.com.

This article originally appeared on Pocono Record: Chester County DA to pursue death penalty in Malinda Hoagland's death