July 27
TEXAS:
Federal judge throws out death row inmate's conviction
A federal judge has thrown out a death row inmate's conviction, ruling
that West Texas authorities concealed evidence and needlessly drugged him
during his trial.
U.S. District Judge Royal Furgeson ruled July 21 that there is "strong
reason" to believe Ernest Ray Willis, 58, is innocent of setting a house
fire that killed 2 women. He was convicted in 1987.
Defense lawyers later discovered that jailers had treated Willis' back
pain with large doses of anti-psychotic drugs, which left him too dazed to
meaningfully confer with his attorneys.
They also later learned that prosecutors had failed to disclose a
psychologist's report saying Willis was not dangerous - a key issue in any
death penalty case.
Furgeson declared in his ruling that the state's highest criminal court
erred when it dismissed those concerns, and he echoed a state trial judge
who ruled 4 years ago that Willis never received a fair trial.
James S. Blank, who has been representing Willis in his appeal, said his
client was cautiously pleased.
"It was a measured response because he's been in (death row) for 17 years,
and he understands it's not over till it's over," Blank said.
Willis remains on death row while the state decides whether it will appeal
Furgeson's ruling, seek a new trial or set him free. Officials must make a
decision by Nov. 18.
A spokesman for Texas Attorney General Greg Abbott did not immediately
return a telephone call seeking comment.
Furgeson's ruling did not surprise Willis' friend Michael Robinson. The
fire Willis was convicted of setting happened at Robinson's Iraan house.
"Hell, we knew Ernie wasn't guilty," Robinson said in Tuesday's edition of
the San Antonio Express-News. "They didn't have any evidence at all, and
everything they came up with even at the original trial was all just blown
out of proportion."
The fire was ruled an arson, but prosecutors offered no motive to explain
why Willis would set fire to his friend's home.
The case took an odd twist years after the trial when another death row
inmate confessed to setting the fire. David Long claimed he had shown up
at the house, drunk and on drugs, and set it on fire to get even with
Willis' cousin, who also was staying there.
(source: Associated Press)
******************
Court upholds granting of mistrial -- Man's lawyer died; now he may be
retried
An appeals court upheld a local judge's decision to offer a chance at a
new trial for a man convicted by a jury of murder.
The district attorney vowed to take the fight to a higher court.
In September, visiting Judge Robert Pate granted a mistrial in the murder
case of George Doyle after his lawyer died. Attorney Mickey Kolpack died
of a heart attack after a Nueces County jury convicted Doyle, but before
jurors deliberated on sentencing. Because Doyle did not have the benefit
of his original lawyer, Pate said Doyle should have another trial.
Doyle, a one-time homeless man, was convicted of the 1995 killing of
another homeless man known as "Crazy Carl" Alexander.
The 13th Court of Appeals agreed with Pate last week.
"We hold that it was not an abuse of discretion to grant the mistrial,"
Justice Linda Reyna Yanez wrote in her opinion. "The verdict is not
complete until the jury has rendered a verdict both on the guilt or
innocence of the defendant and, upon a finding of guilty, the amount of
punishment."
Doyle's new lawyer, Jim Lawrence, said the decision was the only logical
choice.
Lawyers in District Attorney Carlos Valdez's office protested. They said
they plan to ask the state's highest criminal appeals court to overrule
the 13th Court of Appeals.
Doug Norman, a lawyer in Valdez's appellate division, said he hopes the
court will hear the case because some precedent needs to be set. When
Kolpack died, lawyers on both sides scrambled to find a similar case to
guide them.
But there was none to be found.
"Somebody needs to say something about what to do in that particular
situation," Norman said. "It was strange to me that there wasn't something
out there. As stressful as trials are, I'm amazed it hadn't happened
before."
Lawrence said Norman has no shot. The appeals court decision amounted to
"common sense," he said. He added that an extended appeals process would
only hurt Doyle.
"My client is being punished by being kept behind bars for a crime he
didn't commit," he said.
The original verdict was considered by some to be somewhat of a coup.
Former prosecutor David Reddell managed to win a guilty verdict in case in
which neither a body nor a weapon was ever found. Reddell said the case
was won on a jailhouse confession and the strength of witnesses.
Reddell, now a defense lawyer, said he might sign on to help the district
attorney in the appeals process.
(source: Corpus Christi Caller-Times)
****************
Mom says killer was child of rape, abused by stepdad
Anthony Quinn Francois was fathered by a rapist and suffered physical
abuse as a child, his mother testified at his capital murder trial Monday.
Francois, 36, swiveled nervously in his courtroom chair as his mother,
Linda Francois-Duncan, told jurors she became pregnant with him at age 14
after being raped by a man who now is in the Louisiana State Penitentiary
at Angola.
The mother also said Anthony Francois' stepfather was abusive to her and
her son, but she had no job and felt unable to leave the troubled
marriage.
Francois was convicted last week of killing 2 of his 16-year-old
ex-girlfriend's younger sisters, Ashley Patterson, 11, and Britteny
Patterson, 10, on Sept. 11, 2003. He also was accused, but not tried, in
the shooting death of another sister, Naikesha Patterson, 15.
Francois told police he shot the girls in a fit of jealous rage after
learning that his ex-girlfriend was dating a boy closer to her own age. He
also wounded his ex-girlfriend and her mother.
Prosecutors are seeking the death penalty.
Francois' mother said children at school teased him and called him "Crip"
because he used a prosthetic leg. A birth defect had forced the amputation
of one leg at about age 6.
After testimony from her and several other family members, Francois'
attorneys rested their penalty phase defense. Jurors are expected to begin
deliberations today.
(source: Houston Chronicle)
FLORIDA:
Judge weighs new hearing in child-killer case A Broward Circuit Court
judge heard arguments this morning on whether death row inmate Michael
Rivera should get an evidentiary hearing -- a 1st step toward overturning
his conviction in the murder of 11-year-old Staci Jazvac.
Rivera's attorney, Marty McClain, cited four reasons for the hearing: He
said that prosecution witness Frank Zucarello, who was known to be
untrustworthy, made a plea deal in exchange for testimony that Rivera
confessed to killing Jazvac; He cited polygraph material not introduced at
Rivera's 1987 trial, which McClain said proved Zucarello was untruthful;
he claimed the trial judge was biased; and cited DNA testing indicating
that a blond hair used to make the case against Rivera at trial did not
belong to Jazvac.
Assistant State Attorney General Celia Terenzio countered those claims,
arguing that none of the evidence offered by McClain entitled Rivera to a
new trial.
Judge Paul Backman said he would issue a written ruling on the request for
an evidentiary hearing.
(source: Miami Herald)
