DAVIS -- The attorney for a 16-year-old Northern California boy charged with stabbing a couple to death at their home wants a torture claim against the defendant dropped.
The Sacramento Bee says (http://bit.ly/16273Mu) Daniel William Marsh's defense attorney claims prosecutors failed to show that the injuries inflicted were intended as torture and said many of the wounds were inflicted after the couple had died.
Prosecutors earlier dropped an additional enhancement -- heinous and depraved murder -- after determining it was unconstitutional.
Marsh faces two counts of murder in the April stabbings of 87-year-old Oliver Northup and his 76-year-old wife, Claudia Maupin, in Davis.
The two were found dead by police conducting a welfare check.
Northup was a longtime attorney who in later years practiced criminal appellate law and gave seminars at the public defender's office.
Information from: The Sacramento Bee, http://www.sacbee.com