Philadelphia Inquirer -  11/10/01

Another Death Penalty Conviction Overturned

    Pennsylvania death row inmate Otis Peterkin's conviction was overturned on November 9, 2001.  U.S. District Judge J. Curtis Joyner granted Peterkin a new trial, citing the trial judge's improper admission of hearsay evidence and inflammatory and inappropriate statements by the prosecutor.  Joyner also noted that Peterkin's defense attorney failed to investigate or present a purported alibi witness and didn't present any character evidence on behalf of Peterkin during the penalty phase of the trial. "In light of the instances of prosecutorial misconduct, trial counsel ineffectiveness and trial error, we cannot now find from the evidence properly admitted of record that the jury's findings that [Peterkin] was guilty of the robbery . . . and of [murder] in the course of that robbery are supported by sufficient evidence," said Joyner.