August 15


WASHINGTON/USA:


Tracking down the Green River killer


BARBARA McMICHAEL "Chasing the Devil" by David Reichert, Little, Brown,
$24.95.

The Green River killer's story -- at once bewildering and repulsive --
received plenty of press as the bodies of his victims were discovered
during the years. Now, more ink is being expended on him in "Chasing the
Devil," a firsthand account of the Green River investigation, as told by
David Reichert, the lead detective on the case. Reichert is now King
County Sheriff and is running for a Congressional seat.

I've never been a fan of true crime books because I think most of them
pander to people's basest interests and capitalize on tragedy without
adding much in the way of constructive insight.

I found "Chasing the Devil" less objectionable in this regard because
Reichert doesn't dwell overlong, as some authors do, on the grisliest
aspects of the crimes. Instead, he focuses on the grueling investigation,
which spanned 20 years, many political upheavals, funding uncertainties
and thousands of false leads.

It's stunning to be reminded just how primitive murder investigations were
20 years ago compared to today:

- When the Green River Task Force was formed, the increasingly voluminous
records for the case weren't computerized, and it was difficult to
cross-reference leads.

- Creation of a psychological profile of the killer was a nascent science.

- DNA testing was unavailable.

Reichert recounts the behind-the-scenes techniques investigators relied on
at the time. He also includes stomach-turning descriptions of evidence
gathering at the scenes of the crimes, but much of the investigation
involved thoroughly tedious paper-shuffling -- sorting through tens of
thousands of tips, trying to determine which were substantive.

Reichert and his colleagues made regular trips up and down the SeaTac
Airport "Strip" of Highway 99 to talk to prostitutes, warn them about the
Green River Killer, and to ask for information they might have on
customers who seemed suspicious.

They conducted extensive surveillance on a few early suspects until they
were convinced that these men were not the killer.

And to gain insights into a serial killer's mind, they talked to another
infamous Northwest murderer, Ted Bundy, who by then was on death row in
Florida.

At the same time, the task force had to address the anger and fears of the
victim's families, some of whom felt that because of the victims' low
status in society, law enforcement wasn't pursuing the investigation
aggressively.

In the book, Reichert repeatedly denies that this was ever true for the
detectives working the case, but he does strongly criticize politicians
who withdrew funding for the task force.

For all his protestations, Reichert never explains why, once DNA testing
became available, the pertinent samples from the Green River case -- the
most heinous serial killing spree in our nation's history -- weren't
submitted immediately for testing. It took 3 or 4 years.

In this book, Reichert paints himself with a flattering and pious brush.
Conversely, the scorn he heaps upon convicted murderer Gary Ridgway in the
book's final chapters veers close to religious hysteria.

(source: The Olympian -- The Bookmonger is Barbara Lloyd McMichael, who
writes this weekly column focusing on the books, authors and publishers of
the Pacific Northwest.)






VIRGINIA:

State lab still silent on dubious DNA results


More than a month ago, three nationally recognized experts issued a
blistering critique casting doubt on the state's DNA analysis in a
high-profile murder case. Since then, neither Gov. Mark Warner nor
forensics lab director Paul Ferrara appears to have taken any steps to
correct what the experts characterized as a mistake or to protect against
future error.

Ferrara has explained in a letter to the governor how the lab arrived at
its conclusions in its 2000 analysis in the death of Culpeper housewife
Rebecca Williams, according to state lawyers.

Apparently, the lab is standing firmly behind its conclusions. If it had
discovered an error in this review, the lab would have been required by
its own rules to prepare a formal "corrective action" plan. When asked by
the editorial page in a Freedom of Information Act request whether
corrective action was taken, and what kind, the state, in its official
response, ignored the question.

We take that to mean that no plan was adopted and that the officials in
charge believe, as they insisted earlier, that no mistake was made.

The inaction points to a major flaw in oversight of the nation's DNA
laboratories. The FBI and international accrediting and inspection
organizations have set up elaborate procedures to assure that errors are
detected and fixed. But there's a huge loophole: The lab must be willing
to blow the whistle on itself.

If the lab absolves itself of wrongdoing, and does not adopt a corrective
action plan, neither the FBI nor the oversight agencies is likely to know
that a problem occurred. Then, during their regular audits, no one would
check to see if the problem has been fixed.

In other words, the easiest way to ensure that your lab enjoys a sterling
reputation is never to own up to your mistakes. That the state lab could
avoid scrutiny in the Williams case in light of serious allegations of
error by leading authorities in the field is astonishing.

Dr. Robert Shaler, director of forensic biology in the New York City
medical examiner's office; William C. Thompson, a University of
California-Irvine criminologist whose work helped trigger the 2002
shutdown of the Houston Police Department's DNA lab, and Betty Layne
DesPortes, a Richmond attorney who chairs the jurisprudence section of the
American Academy of Forensic Sciences, all told The Virginian-Pilot
editorial board in June that the state appears to have drawn erroneous
conclusions from a contaminated slide.

The slide, containing sperm taken from Williams' body, was among evidence
re-tested four years ago. That's when former Gov. Jim Gilmore reviewed the
conviction of Earl Washington Jr., who spent more than 17 years in prison,
9= on death row, for Williams' murder.

Gilmore pardoned Washington, but the governor stopped short of pronouncing
him innocent, in part because of the confusing DNA results. Sperm found on
the bed where Williams was murdered belonged to Kenneth Tinsley, an
imprisoned rapist, the lab said.

But in a second test, the one now disputed, the state ruled out Tinsley as
the source of the DNA in Williams' body. In May, a California scientist
retained by Washington's attorneys, determined that the second DNA, just
like the DNA on the bed, actually belongs to Tinsley.

The three experts reviewed the state lab report and that of the California
scientist at the request of the editorial page. They said the California
report appears to be correct. Additionally, they said, the genetic
findings in the state analysis are so bizarre that the slide from which
they come is almost certainly contaminated and thus unreliable as the
basis for a conclusion.

If the lab failed to recognize obvious problems in its DNA analysis in
such a high-profile case, the worrisome possibility is that errors in
other cases have gone undetected as well. Beyond that, failure to resolve
the case leaves the Williams family in the dark about who murdered their
loved one. And it leaves Washington under an undeserved cloud of
suspicion.

Shaler, who gained national prominence as the point man in identifying the
9/11 World Trade Center victims, predicted in June that professional
oversight guidelines would lead to examination of the disputed slide. He
said the state would have to investigate and report the problem. The
Virginia lab "can't sweep it under the rug, nor should they want to."

Yet, the state appears to be doing precisely that.

The FBI requires annual audits of labs, such as Virginia's, that
contribute information to the national DNA registry. ASCLD/LAB, one of two
major accrediting agencies and the one serving Virginia, does inspections
every 5 years and requires an annual self-assessment by each lab.

But, asked if the system hinges on laboratories being forthright about
their own errors, Ralph Keaton, director of ASCLD/LAB, replied: "Yes, it
does.... We don't monitor every situation. We expect labs to take
appropriate action."

When three individuals with national reputations, and no ax to grind in
the Williams case, seriously question the state lab's conclusions, the
case clearly demands outside review. If the executive branch of Virginia
government is unwilling to initiate that step, then the legislature or the
judicial branches should demand accountability. It is no small matter when
the state lab excludes a suspect based on DNA testing, if in fact that
suspect is the donor of the DNA.

And when alarms sound about the performance of the state lab, it should
not be up to the lab alone to proclaim its innocence.

(source: Editorial, Virginian Pilot)






ILLINOIS:

Life's quest Former Gov. George Ryan continues to push for end of death
penalty


He's looking more rested. He's focused. He's still gruff and prickly.

He's still consumed with murder ... with the names, dates, images,
emotions and grisly details of the deaths of hundreds of children and
adults.

That's the life sentence for former Gov. George Ryan.

No clemency. No commutation. No parole. For him, it's self-imposed.

At 70, Ryan devotes nearly all his time to advocacy for abolition of the
death penalty. A lifelong Republican, Ryan knows full well how unpopular
his position is. Despite that, he expects to spend the rest of his life
pushing for reform.

His metamorphosis from law-and-order death penalty advocate to
abolitionist is itself a tortured tale.

Ryan grew up in Kankakee, white and middle class. He met Lura Lynn Lowe
when they were both high school freshmen at Kankakee High School. He
became a pharmacist. The couple had 6 children.

Ryan's 1st brush with capital punishment came in 1987, when a close family
friend and neighbor, Stephen Small, was kidnapped, held for $1 million
ransom, buried alive and killed. Daniel Edwards was sentenced to death for
the crime. Justice, Ryan felt, never dreaming it would become his personal
moral burden within 14 years.

With that exception, Ryan, like most Americans, had virtually no direct
contact with the death penalty until he moved into the Executive Mansion
in Springfield. Then, with the moral responsibility to grant or deny
clemency, the onus of death invaded his life.

Son George Ryan Jr. remembers the Thanksgiving weekend in the Executive
Mansion when his father was engrossed in death sentence case studies.

"He read through them all," his son recalled. "It sickens me to hear
people say this is political. In the end, there is just one question. Do
we want to be a nation that kills people?"

Ryan remains the lone governor in U.S. history granting commutations for
167 pending death penalty sentences, ordering those prisoners transferred
to life in prison without parole. He seeks a worldwide moratorium on the
death penalty.

His transformation from supporter to opponent of the death penalty is the
subject of an independently produced documentary "Deadline" that aired
nationwide last month on "Dateline NBC."

During a 2-hour interview last week at his son's insurance agency in
Bourbonnais, Ryan said he knew commutation was not a smart political move.
He knew President George W. Bush and Attorney General John Ashcroft were
strong supporters of the death penalty. He knew the majority of Americans
favor the death penalty.

Education, Ryan contends, will change those odds.

At one point during the interview, he spread his thick hands over the
desk, leaned forward and said with articulation resonating with clarity,
"I did not pick this issue. I did not choose this."

Later he said, "It was my obligation as a public official. Now it is my
responsibility. I do not view this as a burden. It's a task. It's a
teaching process. I have firsthand knowledge, and I feel an obligation to
help educate."

Since leaving office 19 months ago, Ryan has traveled to Europe 3 times
speaking on abolition of the death penalty. He's traveled across America,
speaking at Harvard, Yale, Stanford, Pepperdine, UCLA, Boston College. He
spoke before the United Nations Human Rights Commission in Geneva in
April.

His advocacy continues despite a 22-count indictment filed against him in
December charging him with racketeering, corruption and tax fraud.

"Clear-cut retaliation," said University of Illinois law professor Francis
Boyle, who nominated Ryan for a Nobel Peace Prize in 2003 and again in
2004. A decision on the 2004 award is expected Oct. 15.

"I believe this is clear-cut retaliation for his courageous stand on the
death penalty in Illinois. Bush and Ashcroft support and want to expand
the death penalty. When the federal government goes after you, it's an
awesome experience. I know what happens."

Boyle said he has offered to appear as a character witness in support of
Ryan.

"I have nominated him two times for the Nobel Peace Prize. If the Nobel
committee believes it's time to abolish the death penalty, then they must
give the award to George Ryan," Boyle said. "The indictments allege he
purloined $167,000. That equals $1,000 per person he saved. That shows how
little they value human life. Over 2/3 of the people on death row are
people of color. The system is shot through with racism and favors the
wealthy. We can't have this in the Land of Lincoln. We're better than
that."

Ryan declines to talk about the indictments and continues to accept
speaking invitations in exchange for expenses and sometimes a small
honorarium.

He usually asks his audiences if anyone knows someone on death row. Rarely
is a white hand raised in response. Familiarity usually is limited to
minorities in the audience, he said.

"That's because the death penalty is applied inconsistently. It's racist,"
he said, noting also that false convictions are more common than most
people suspect.

He said even DNA is not 100 percent reliable because of human error,
sloppy lab procedures and perjured testimony. Geography also plays a role,
with some prosecutors more ready to seek the death penalty than others.

"The United States is third behind China and Iran in executions. Not very
good company," Ryan said. "Do we really want to be a country that kills
people? Do we really want to kill the mentally ill?"

If Ryan has changed his position at all in the months since leaving
office, it's only to become more convinced that on this issue, America is
out of sync with the rest of the civilized world.

"Look," he snapped at one point during the interview. "If you think life
in prison is a country club, if you think it's easier than the death
penalty, just spend a weekend in a 6-by-10 (foot) cell. You'll change your
mind pretty fast. Talk with a few inmates who will think about their
crimes for the rest of their lives."


For people who object to the cost of life in prison, Ryan points out that
the death penalty is far more costly and fails as a deterrent. For people
who object to medical care for people in prison, Ryan suggests perhaps the
system should be changed to help victims cope with the cost of their
medical treatment.

For those who contend executions offer closure for the families of
victims, Ryan says, "I don't know what closure means. There will never be
closure. Every day. Every birthday. Every Thanksgiving."

He also takes issue with the concept of more humane executions because of
the use of lethal injections:

"Think of the evolution of the death penalty. No hanging. No shooting. No
electrocution. That makes it more culturally acceptable? A prisoner
injected with a drug before a theater of witnesses ... So there is no
blood, no catching on fire, no feet dangling and twitching. Then society
thinks it's not too bad?"

Ryan also faults the concept that some crimes are so heinous, only the
death penalty will suffice.

"Out of respect to the loved one, families do not want anything less than
the law allows. If that is life in prison without parole, that is what
families need," he said.

Most troubling to Ryan is the number of false convictions. In one Illinois
study of 25 people on death row, 12 were shown to be falsely convicted.

"I do not think Illinois is any worse than the rest of the states," he
said.

At one point, Ryan said he sounded "like a flaming liberal."

Later he said, "This is not a liberal versus conservative issue. This is a
human rights issue. ... I'm still a conservative, but as governor you look
at things differently. You look at things with an open mind."

Ryan said the number of false convictions likely is larger than has been
reported.

"Once a prisoner is killed, all efforts stop," he said, explaining that
the statistics might even be worse than a 50 % accuracy rate.

"Would you fly on an airline with a 50 % safety record?" he said.

Even a major overhaul of the system will not make him an advocate of
capital punishment. No measure of error is acceptable to him when death is
the result.

Ryan said he had not planned to grant every person on death row in
Illinois a commuted sentence to life in prison, but as his final days in
office drew close, his frustrations grew.

After 3 years of study and a list of recommendations by his specially
appointed Commission on Capital Punishment, not one recommendation was
enacted.

"Not one. It was all held up in the Senate. Was I going to look over my
shoulder for the rest of my life? I didn't want to do that. The system was
imperfect," he said, explaining the blanket commutation he announced days
before leaving office.

Included in that act was the convicted murder of Ryan family friend Steven
Small.

Ryan said his wife of 48 years had progressed with him through his
transformation to abolitionist, but this case was a struggle.

"God willing, I will keep at this. Unless I'm somewhere in a nursing
home," he said. "There's only so much golf you can play."

In one sense at least, time is on his side.

"The next generation will change," he said. "They next generation will
vote on this issue."

When "Deadline" was shown at the Sundance Film Festival, Ryan and his wife
drove out for the airing.

They took clothing for 6 days, but they spent 2 months on the trip.

"17 states and 9,000 miles," he said. "We had a great time."

Most travel these days is related to death penalty issues.

"When I'm asked to speak, I usually say yes. If my health holds up and the
Lord is willing, I'll continue," he said. "I will never get away from
this. I have accepted that."

(source: Peoria Journal Star)






CALIFORNIA:

Did They Get the Wrong Guy?


At first, authorities said Dennis Lawley killed Kenny Stewart on his own.

3 months later, prosecutors said Lawley, a mentally ill man who might have
been selling drugs, hired Brian Seabourn to kill Stewart.

After Lawley and Seabourn were convicted, Stanislaus County District
Attorney James Brazelton said Steven Mendonca was involved in the murder,
too.

Flash forward 15 years.

Seabourn now says he had no help from Lawley, who is on death row at San
Quentin State Prison, or Mendonca, who is at the California Men's Colony
at San Luis Obispo.

Seabourn said he put 2 bullets in Stewart's head to win favor with the
Aryan Brotherhood, a white supremacist prison gang.

"When I shot him, he kind of like blew back and fell down," Seabourn said
this spring in Stanislaus County Superior Court. "And I was thinking,
'Damn, that looks like something you'd see on TV."

The court has held a series of hearings this year, at the request of the
California Supreme Court, to determine whether Lawley might be innocent.

Scott Kauffman, an attorney with the California Appellate Project, said
the system failed Lawley, because it let a mentally ill man with a death
wish defend himself.

"We should all be outraged by this," he said.

A string of convicted murderers have told the court that the Aryan
Brotherhood put a price on Stewart's head and tapped Seabourn to do the
deed.

Brazelton -- who prosecuted Lawley, Seabourn and Mendonca -- has testified
twice to defend his work.

And Judge John E. Griffin, who is presiding over the hearings, must report
to the high court, which then will decide whether to order a new trial.

Such hearings are rare.

Capital punishment was reinstated in California in 1978. Since then, of
591 people sentenced to death, 55 had sentences overturned and were
resentenced or released, and 4 have been executed. 7 cases are awaiting
retrial, according to the California Department of Corrections.

Lawley and Mendonca aren't likely to testify. Kauffman and attorney Bicka
Barlow finished presenting their case July 12 without calling either.
Deputy Attorneys General David Eldridge and Michael Farrell plan to
present the state's case starting Monday, and their witness list does not
include the 2.

Eva Lawley, 84, is watching closely.

She thinks salvation might be near for her son, who said at trial that his
goal was to emulate the Beast in the New Testament Book of Revelations.

She said Lawley, 61, still thinks he is carrying the sins of others, as
his "Beast" would.

His mother said she hasn't visited her eldest son in five years, because
it is too difficult to see him behind bars. But she speaks to him weekly
on the telephone.

Eva Lawley prays she will live to see her son exonerated, but hopes to die
if the court again concludes that he is a murderer.

"He got pulled into it, and now he's having to pay the price," Eva Lawley
said. "He wouldn't even kill a snake."

Retired Stanislaus County sheriff's Detective Gary Deckard, who testified
from a hospital bed in April, said he became suspicious of Lawley after an
informant said Lawley and Stewart had fought.

The detective found Lawley two days after the murder in a rented cabin at
Butler's Camp on South Seventh Street in Modesto, now known as the Del Rio
Mobile Home Park.

Lawley had been beaten and was wearing a bloody jacket. A .357-caliber
Ruger wiped clean of fingerprints was in his closet. A criminalist later
confirmed that the gun was the murder weapon.

Authorities believed Stewart was killed in Lawley's cabin and dumped on
Keyes Road, where his body was found Jan. 22, 1989, according to an
affidavit for a search warrant signed by Deckard and Brazelton.

Lawley was arrested Jan. 24 and booked on murder and kidnapping 2 days
later. He called his parents, who had supported him financially throughout
his adult life, to tell them he was in trouble again.

Eva and her late husband, Clyde Lawley, declined to bail him out, for fear
he would run away and end up in more trouble.

"We didn't believe it," Eva Lawley said, "because we knew he wasn't that
type of person."

2 weeks later, according to court records, Deckard got a call from a
lieutenant in the Red Bluff Police Department. Parolee Monty Mullins had
told police there that Seabourn, his former cellmate, claimed to have
committed a murder in Modesto.

Seabourn was arrested on a parole violation the next day, Feb. 11, 1989.
Brazelton filed murder, kidnapping and conspiracy charges two months
later. And Lawley was charged with hiring Seabourn to kill Stewart.

During earlier legal problems, Lawley had been found incompetent to stand
trial. He was sent to Atascadero State Hospital from 1978 to 1982 after he
waved a shotgun at a deputy.

This time, a defense psychologist said Lawley was a paranoid schizophrenic
who probably wanted to be executed, because a death sentence would make
him a martyr. He said Lawley has an IQ of 128, in the 97th percentile, but
had suffered from delusions since age 12. A judge sided with a
psychologist hired by the prosecutors, who said Lawley could understand
the charges.

The prosecution had 2 key witnesses against Lawley -- Mendonca's
girlfriend, Treva Coonce, and David Anderson.

In a jailhouse interview, Coonce said Lawley was fuming because Stewart
had robbed him of money and drugs, according to an opinion by the
California Supreme Court that outlines the testimony at trial.

Coonce, a heroin addict going through withdrawal at the time of her
interview, said Lawley told Seabourn he would pay to have Stewart killed.
She said Mendonca and Seabourn washed Seabourn's El Camino after the
murder.

At trial, Coonce denied it all.

Anderson, who owned the gun used to kill Stewart, said he saw Lawley hand
Mendonca a gun, and Mendonca promise to get a job done.

Lawley wanted to call 2 of Seabourn's former cellmates to testify that
Seabourn killed Stewart for the Aryan Brotherhood. Brazelton successfully
argued that the testimony would be inadmissible hearsay, because they had
no direct knowledge.

Lawley called his father instead. They argued about cryogenics, the
colonization of outer space and their long-standing disagreement about
Dennis Lawley's attempt to go down in history as the Beast in Revelations.

In his closing argument, the prosecutor said Lawley had the only motive to
kill Stewart.

"Dennis Lawley was mad at him. Why? Because Dennis Lawley got ripped off
with his dope and his money," Brazelton said. "Nobody else in this case
had a reason to kill Kenneth Stewart."

A 4-man, 8-woman jury found Lawley guilty.

In the penalty phase, Brazelton told the jury that Lawley had 7
convictions, including assault, escape, check fraud, burglary, being a
felon in possession of a firearm and perjury.

When it was Lawley's turn, he asked that advisory attorney Bob Winston
take over. The judge forced Lawley, who had been warned about the dangers
of representing himself, to proceed.

Lawley's rambling speech declared Seabourn a "natural man" who couldn't
live within society's rules. He refused to defend himself.

"I have at least a philosophical objection to begging these people for my
life, and I am not going to do it," Lawley said. "I'm not going to do it.
I'm not going to do it."

Lawley was sentenced to death.

Kauffman contends that Deckard and others in the Sheriff's Department
ignored the Aryan Brotherhood connection because it didn't fit their
theory.

He also contends that Brazelton failed to turn over documents that could
have helped Lawley and attorney Winston.

And he says Brazelton should have reopened the case when Seabourn sent him
a letter six years after Lawley was sentenced.

"The government has systematically withheld critical evidence," Kauffman
said. "They have systematically hid the ball and continue to hide the
ball."

Deputy Attorney General Farrell disagrees.

"We have no interest in keeping an innocent person in prison," Farrell
said. "But Mr. Lawley is not innocent."

The high court reopened Lawley's case in June 2000, after Kauffman filed
an appeal that said Brazelton failed to turn over evidence, such as a
letter Seabourn wrote Brazelton in 1996.

Brazelton could not find the 11-page letter, but told the court it
contained inadmissible hearsay that neither proves Lawley's innocence nor
Seabourn's guilt.

Shortly before the current hearings, Brazelton's staff found the letter.
He sent it to the state attorney general's office, which turned it over to
Kauffman.

In the letter, Seabourn said Brazelton shouldn't let Lawley die. "This guy
isn't guilty of nothing Jim except desperately wanting to have friends, no
matter what the cost," Seabourn said.

Brazelton said the letter is part of an innocent mix-up.

"It did not go through the paper shredder," he said when he testified in
March. "It did not get mutilated or torn in any way. In fact, you have it
in your hands right now."

Brazelton said he heard rumors about an Aryan Brotherhood connection, but
didn't put much stock in it because he had evidence pointing to Lawley.

He said Seabourn is a pathological liar who tried to make up as many
rumors as he could to throw investigators off track.

"This was the case from hell," Brazelton said during a break in the
proceedings this spring.

Kauffman sees a systematic attempt to suppress evidence about the Aryan
Brotherhood.

He offered these examples:

- Mullins told Detective Deckard to look for a letter from James "Jimmy
Mac" McDonald in Seabourn's car, according to a transcript of an interview
taped Feb. 15, 1989, but Deckard did not mention the letter in a report
about the interview.

- The attorneys general found the letter in Seabourn's prison file and
turned it over to Kauffman this spring, but could not say how it got
there. An official notation on the letter says it was confiscated from
Seabourn's car on Feb. 11, 1989, and used to validate Seabourn as an Aryan
Brotherhood associate. Brazelton said he saw the letter for the 1st time
when Kauffman showed it to him.

- Guards confiscated two undated letters from Seabourn. In one, Seabourn
apologized to Lawley and said he had to do a favor for Blue -- Wendell
"Blue" Norris was an Aryan Brotherhood leader in the late 1980s. Brazelton
said the letters, which have discovery stamps on them, were turned over to
Lawley. Winston said he handled discovery in the case and never received
them.

- Deckard questioned another former Seabourn cellmate on Aug. 10, 1989,
but did not write a report about the tape-recorded interview until Sept.
6, the day Lawley's trial began. Deckard said he fell behind on reports.

3 convicted murderers Kauffman called during recent hearings said the
Aryan Brotherhood wanted Stewart dead, and Seabourn admitted killing him.

Kauffman said the stories are too consistent to conclude that all three,
who are housed in different prisons, are lying.

To Eldridge and Farrell, the storyline is too full of inconsistencies to
be believed.

The one piece of hard evidence favors the state. An expert who recently
retested the gun found in Lawley's closet concluded that it is the murder
weapon. Seabourn insisted he buried the gun in a field in west Modesto.

The judge will have to decide which witnesses he finds more believable:
Drug abusers who said Lawley paid Seabourn to kill Stewart, or murderers
who said the Aryan Brotherhood told Seabourn to kill Stewart.

Eva Lawley's mind was made up long ago.

She said Dennis Lawley had no time to deal drugs and no money to pay for a
murder.

She said her son returned from Spokane, Wash., on Oct. 27, 1988, and
agreed to build a shed on his parents' west Modesto home for $1,000. He
moved out of the house Dec. 5, but came to work every day until Jan. 3,
she said.

He paid $325 for rent, put $500 in the bank and had no money to pay for a
murder, she said.

He was too antisocial to deal drugs, she said, but so starved for
friendship that he wouldn't kick dealers out of his home.

"He could have stayed here forever," said Eva Lawley, adding that she did
not know how sick her son was until he reached his early 30s and started
leaving notes saying he was Jesus Christ. "He wanted to be independent."

Eva Lawley believes authorities zeroed in on her son, then were too
embarrassed to admit the error.

The blood on Dennis Lawley's jacket, which made the detective so
suspicious, turned out to be his, not Stewart's.

Dennis Lawley has been only a short walk away from California's execution
chamber since March 1, 1990.

He is not the little boy who never missed a spelling word until fifth
grade. His mother blames herself, because she couldn't understand his
delusions.

"I should have demanded Dennis have a lawyer," Eva Lawley said. "He said,
'Mom, it's my life.'"

(source: Modesto Bee)



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