Wendys Victims And Family Enraged Over Postponed Trial

Tears of frustration and anger filled a Queens courtroom Monday as a judge granted prosecutors 60 more days to decide on whether to seek the death penalty in the brutal murder of five fast food workers at a Flushing Wendys restaurant last summer.
Following the ruling, as the defendants were escorted out of the court, enraged victims and family members scoffed at the decision in disbelief, screaming "I hate this country" and "this is ridiculous" in frustration of a legal system that has failed to bring closure to this tragic case.
Defense lawyer Colleen Brady, representing defendant Craig Godineaux, 30, asked Queens Supreme Court Justice Steven Fisher for the extension, claiming that her defendant is mentally retarded and not eligible for the death penalty. New York State law says a person found to be mentally retarded cannot be sentenced to death.
Queens District Attorney Richard Brown had to decide upon whether to press for the death penalty within 120 days from the date of the indictment, which would have expired on Friday. But after receiving a nod from Judge Fisher and prosecutors, who said they needed extra time to investigate Godineauxs claims, Brown will have until Jan. 23 to decide.
"That man is not retarded," said Joan Truman-Smith, mother of the slain Anita Smith. "They are making a mockery of retarded people…he will not get away with this one."
Godineaux, and John Taylor, 36, are charged with five counts of first-degree murder and two counts of attempted murder.
Prosecutors charge that Taylor and Godineaux bound and gagged workers at Wendys on Main St., placed plastic bags over their heads, brought them to a basement freezer and shot them each execution-style in the head. Ramon Nazario, 44, Anita Smith, 22, Jean Auguste, 27, Jeremy Mele, 18 and Ali Ibadat, 40, were killed in the attack. JaQuione Johnson and Patrick Castro, injured in the attack, were in attendance at the courtroom when the decision to postpone the death penalty decision was made.
They looked on in quiet disgust as Godineaux and Taylor, who sat silently during the proceedings, were granted their respite.
Brady would not comment on her opinion concerning Godineauxs state of mind, saying only that tests would be administered by psychologists within the next month to see if her client is true to his claim.