Clerk of the Superior Court

*** Electronically Filed ***

K. Curtner, Deputy
10/30/2020 6:03:09 AM
Filing ID 12165415
ALLISTER ADEL
MARICOPA COUNTY ATTORNEY

Christopher Sammons
Deputy County Attorney
Bar ID #: 024077
225 W Madison St, 4th Floor
Phoenix, AZ 85003
Telephone: (602) 506-5780
sp1div@mcao.maricopa.gov
MCAO Firm #: 00032000
Attorney for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

THE STATE OF ARIZONA, CR2020-103208-001

Plaintiff, STATE'S NOTICE OF INTENT TO

SEEK DEATH PENALTY, NOTICE
vs. OF AGGRAVATING FACTORS AND
WITNESSES
RACHEL HENRY,
(Assigned to the Honorable Adam D
Defendant. Driggs, Div. CRJ10)

The State of Arizona, by and through the undersigned Deputy County Attorney,

pursuant to A.R.S. § 13-752(B) and Rule 15.1(i) Rules of Criminal Procedure, hereby gives

notice that it does intend to seek the death penalty if the defendant is convicted of First Degree

Murder.

The State of Arizona, by and through the undersigned Deputy County Attorney,

hereby discloses and lists the A.R.S. § 13-751(F) Aggravating Factors and evidence the

State will present during the sentencing proceedings before the trier of fact for the

defendant’s convictions of First Degree Murder.

Count 1: First Degree Murder of Victim M.H.

• 13-751(F)(1): The defendant has been convicted of another offense in the

United States for which under Arizona law a sentence of life imprisonment

or death was imposable.

o CR2020-103208-001, Counts 2 and 3: First Degree Murder

• 13-751(F)(2): The defendant has been or was previously convicted of a

serious offense, whether preparatory or completed.

o CR2020-103208-001, Counts 2 and 3: First Degree Murder

• 13-751(F)(4): The defendant committed the offense in an especially heinous,

cruel, or depraved manner.

(a) Cruelty:

i. Mental/emotional and/or physical suffering of the victim, M.H.

(b) Heinous and/or depraved:

i. Helplessness of the victim

o Helplessness of the victim, M.H.

ii. Senselessness of the crime

o Senselessness of the murder of the victim, M.H.

iii. Violation of a special relationship: caretaker relationship

o Caretaker relationship to victim, M.H.

• 13-751(F)(6): The defendant has been convicted of one or more other

homicides, as defined in 13-1101, that were committed during the

commission of the offense.

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 o CR2020-103028-001, Count 2: First Degree Murder of victim Z.H.

o CR2020-103028-001, Count 3: First Degree Murder of victim C.R.

• 13-751(F)(7): The defendant was an adult at the time the offense was

committed or was tried as an adult and the murdered person was under fifteen

years of age or was seventy years of age or older.

o Victim M.H. was one year old at the time of the offense.

Count 2: First Degree Murder of Victim Z.H.

• 13-751(F)(1): The defendant has been convicted of another offense in the

United States for which under Arizona law a sentence of life imprisonment

or death was imposable.

o CR2020-103208-001, Counts 1 and 3: First Degree Murder

• 13-751(F)(2): The defendant has been or was previously convicted of a

serious offense, whether preparatory or completed.

o CR2020-103208-001, Counts 1 and 3: First Degree Murder

• 13-751(F)(4): The defendant committed the offense in an especially heinous,

cruel, or depraved manner.

(a) Cruelty:

i. Mental/emotional and/or physical suffering of the victim, Z.H.

(b) Heinous and/or depraved:

i. Helplessness of the victim

o Helplessness of the victim, Z.H.

ii. Senselessness of the crime

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 o Senselessness of the murder of the victim, Z.H.

iii. Violation of a special relationship: caretaker relationship

o Caretaker relationship to victim, Z.H.

• 13-751(F)(6): The defendant has been convicted of one or more other

homicides, as defined in 13-1101, that were committed during the

commission of the offense.

o CR2020-103028-001, Count 1: First Degree Murder of victim M.H.

o CR2020-103028-001, Count 3: First Degree Murder of victim C.R.

• 13-751(F)(7): The defendant was an adult at the time the offense was

committed or was tried as an adult and the murdered person was under fifteen

years of age or was seventy years of age or older.

o Victim Z.H. was three years old at the time of the offense.

Count 3: First Degree Murder of Victim C.R.

• 13-751(F)(1): The defendant has been convicted of another offense in the

United States for which under Arizona law a sentence of life imprisonment

or death was imposable.

o CR2020-103208-001, Counts 1 and 2: First Degree Murder

• 13-751(F)(2): The defendant has been or was previously convicted of a

serious offense, whether preparatory or completed.

o CR2020-103208-001, Counts 1 and 2: First Degree Murder

• 13-751(F)(4): The defendant committed the offense in an especially heinous,

cruel, or depraved manner.

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 (a) Cruelty:

i. Mental/emotional and/or physical suffering of the victim, C.R.

(b) Heinous and/or depraved:

i. Helplessness of the victim

o Helplessness of the victim, C.R.

ii. Senselessness of the crime

o Senselessness of the murder of the victim, C.R.

iii. Violation of a special relationship: caretaker relationship

o Caretaker relationship to victim, C.R.

• 13-751(F)(6): The defendant has been convicted of one or more other

homicides, as defined in 13-1101, that were committed during the

commission of the offense.

o CR2020-103028-001, Count 1: First Degree Murder of victim M.H.

o CR2020-103028-001, Count 2: First Degree Murder of victim Z.H.

• 13-751(F)(7): The defendant was an adult at the time the offense was

committed or was tried as an adult and the murdered person was under fifteen

years of age or was seventy years of age or older.

o Victim C.R. was less than one year old at the time of the offense.

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EVIDENCE TO PROVE THE AGGRAVATING FACTORS:

A.R.S. §13-751(D) states, “Evidence that is admitted at the trial and that relates to

any aggravating or mitigating circumstances shall be deemed admitted as evidence at a

sentencing proceeding if the trier of fact considering that evidence is the same trier of fact

that determined the defendant’s guilt.”

The State will call the same witnesses and present the same evidence presented at

trial of the guilt phase in proving the noticed aggravating factors. The State intends to call

as witnesses in the Aggravation Phase, witnesses previously disclosed in the State’s

Witness and Evidence List, and all supplements thereto. The State may recall the medical

examiner and may introduce additional autopsy and crime scene photos in the aggravation

phase. The State may also introduce birth certificates of the victims in the aggravation

phase in order to prove their ages.

The State further reserves the right to file a supplemental list of additional witnesses

and/or evidence. Rebuttal witnesses and evidence to be disclosed upon defendant’s

disclosure of all mitigation evidence to be proffered.

Respectfully submitted October 30th , 2020.

ALLISTER ADEL
MARICOPA COUNTY ATTORNEY

BY:
/s/ Christopher Sammons
Deputy County Attorney

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Copy mailed/delivered October 30th , 2020, to:

The Honorable Adam D Driggs

Judge of the Superior Court

The Honorable Patricia Starr

Criminal Presiding Judge of the Superior Court

Alan Tavassoli
Erika Warner
222 N Central Ave. Ste 8100
Phoenix, AZ 85004-2237
Attorneys for Defendant

Tamara Ogden
Capital Case Coordinator, Criminal Court Administration

Shawn Haught
Criminal Court Administration

Timothy R. Geiger
201 W. Jefferson, 4th Floor
Phoenix, AZ 85003

BY:
/s/ Christopher Sammons
Deputy County Attorney

CS