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Case: 10-2858 Document: 003110644060 Page: 1 Date Filed: 09/06/2011 NOT PRESIDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 10-2858 UNITED STATES OF AMERICA, Appealed v. LEONA BELLINI,

Kappas, LLP, New York, NY, for Appellant. Thomas B. Gannett, Washington, DC, for Respondents. Before LYNCH, Chief Judge and GRAZER, Circuit Judge. OPINION Advertisement 1 In this appeal, we examine the proper use of a “no-jury trial” in the context of the common law right to a jury trial in a capital case. ANALYSIS 2 Leonie Bellini appeals her conviction and death sentence for first degree murder in the murder of her husband, James H. Bellini, Jr., one month after the expiration of a two-year mandatory minimum prison sentence. Bellini is the mother of the three boys she killed with the use of a sawed-off shotgun. After a trial on a single counts of first-degree murder, defendant was convicted on three counts of second-degree murder and was sentenced to death. We affirm. BACKGROUND 3 The murder occurred on the evening of July 2, 1998, when a man identified as Bellini entered the residence of James Bellini and shot him three times. The two victims were outside taking a shower when Bellini appeared, walked over to their closet, saw the shower on, pulled out a shotgun, held it to his head, and fired a shot. 4 During the trial, the prosecution presented evidence that after murdering the two victims, Bellini went to a local bar and drank some drinks. His co-defendant, Edward James Bowers, called the sheriff's office reporting a suspicious person. When the sheriff's officer arrived, he noticed a shirt with blood in it. Bowers, who was also convicted of first degree murder, testified that on July 2, defendant, who was drunk, was with Bowers in the area of the bar. After the shooting, Bowers and defendant got in the van and left. Bowers testified that defendant told Bowers he had killed his wife, Leonie Bellini. Bowers reported his conversation to another officer that afternoon and the sheriff's office interviewed both of them during the following day. 5 The following day, July 3, Bowers told another officer on patrol that defendant told him Bellini told him he killed his wife. Bowers said he was afraid defendant would have him arrested for attempted murder if he turned him in, but he did not mention the story when he met with the court to prepare for trial.

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