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does not have the death penalty. he is already going to serve a life time in prison. many of the families are happy that the government is seeking the death penalty. some families are not. mark tally spoke to cameras shortly after they were infor ed of the government's decision and he spoke about his mother, who died at the tops friendly supermarket on 5/14. 5/14 is what they call in buffalo. it's etched into their memories there. he spoke about his mother and his feelings about the death penalty. >> thought about my mom a lot mainly those first six months. i still have a lot of -- just a lot of dreams of which i'm crying in the dreams. most of my emotions i see her, think about her, smell. i took two clothes of hers.