Convicted murderer asks for death penalty instead of life in prison

CHILTON COUNTY, AL (WBRC) - An accused murderer today asked for the death penalty - and that's exactly the sentence he got for a murder in 2010.

The request is the first of its kind in state history.

James Osgood was convicted of murdering, raping and torturing Tracy Brown eight years ago.

In Osgood's first trial he was convicted of the crime and the jury sentenced him to death, but the court later threw out the jury's death penalty decision because they didn't believe the judge offered the right instructions on how to make that decision.

Prosecutors this week were in the process of striking a new jury for second trial, but Osgood spoke up and said he wanted to be sentenced to death. Osgood told the judge that he believes in an eye for an eye and that this is what he deserves for what he did to Brown.

C.J. Robinson, Chief District Attorney of the 19th Judicial Circuit, says Osgood got what he deserves whether he wanted it or not.

"You have someone say, 'I am evil, I deserve the death penalty,' and we could not agree more. So for this family not to have to hear the deepest darkest details of rape and sodomy and torture before they finally killed her, for them not to have to hear that again, I am relieved for them," Robinson said.

Tonya Vandyke, the victim's cousin, was also convicted of the murder. She was sentenced to life without the possibility of parole.

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