Oregon high court overturns death sentence of child murderer
By Dana Noecker, Court TV

The Oregon Supreme Court ruled Thursday to overturn a man's death sentence for the rape and murder of a two-year-old girl.

A five-to-one decision ruled that five years of pre-trial delays violated Scott Dean Harberts' right to a speedy trial and hurt his chances to defend himself. The charges were dismissed with prejudice and cannot be filed again.

This landmark decision is the first time a death row inmate has been released in Oregon since the re-instatement of the death penalty in 1984. Oregon state has 21 days to file a petition requesting the State Supreme Court reconsider its ruling, said Peter Cogswell, spokesman for the state attorney general's office. Chances that the Supreme Court Justices will reconsider their own ruling are next to nil. Having already served 11 years behind bars, it is almost certain that Harberts will be released.

Harberts is expected to be freed in about a month, after the final judgement is filed, said defense attorney Eric Cumfer.

"I can't believe this," said Debra Holfeld, mother of slain toddler, Kristina Lynn Hornych, who died in 1989. "A little baby killer gets out scott free. Something has be done before he does it to somebody else."

Kristina was found dead in her Oregon City home in 1989. Harberts had been living in the same house as Hornych and her father, Kevin Hornych, at the time of the murder. Harberts was arrested, charged and remained in jail for five years pending trial. He was sentenced to death in 1994.

During the five years of pre-trial delays one of the case detectives passed away. Also, Kevin Hornych and his girlfriend gave differing accounts of what happened that night, which were easily discounted during the lengthy delay.

Harberts argued Kevin Hornych killed the toddler and also speculated his girlfriend killed her. Under Oregon law, Harberts' death sentence was automatically sent to the State Supreme Court for review.