A
man facing execution for a triple murder at a Houston bowling alley
had his conviction reversed by a federal appeals court. In a 2-1
decision late Friday, the 5th U.S. Circuit Court of Appeals in New
Orleans sent the case of Max Alexander Soffar, 45, back to district
court. Justices said police had violated his rights during
questioning and lawyers had rendered him inadequate representation.
Texas must free Soffar unless a retrial begins within 120 days.
Soffar had confessed to a 1980 Houston bowling alley robbery and
the fatal shooting of Alane Felsher, 17; Tommy Lee Temple, 17; and
Stephen Allen Sims, 25. A fourth shooting victim, Gregory Garner,
18, survived with permanent brain damage and lost his left eye. The
appeals court determined Texas had violated the Fifth Amendment by
questioning Soffar despite his request for a lawyer. Justices also
found the Sixth Amendment had been violated because Soffar, after
obtaining a lawyer, was questioned while being held on a different
offense. The court's decision was also based on Soffar's claim he
was represented inadequately by his lawyer, who the court said
failed to present ballistics evidence and police statements by
Garner, the surviving shooting victim. Garner's memory was
discredited, and he did not testify at trial. Justice Emilio Garza
issued a dissenting opinion, saying that, over the course of three
hours, Soffar had waived his right to a lawyer after being told
four times that he was entitled to one. Garza said nothing was on
record to show Soffar misunderstood the offer. Soffar has said he
was a drug addict who confessed in order to be executed because he
wasn't brave enough to kill himself. ``I built this whole case so I
could go to the Walls Unit and get a needle stuck and end this,''
Soffar said in a 1988 death row interview. ``There's not one piece
of evidence to link me except my mouth.''.
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