Un
detenuto nel braccio della morte del Texas e' scampato al boia. La
corte d'appello dello stato del governatore George W. Bush ha
annullato oggi la penadi morte di Arthur Lee Burton, condannato
per lo strangolamento nel 1997 di una donna che faceva lo jogging,
a causa degli errori commessi durante il processo dal suo avvocato
difensore. Il tribunale ha confermato il verdetto di colpevolezza
nei confronti di Burton, che ha trent'anni, ma ha ordinato una
revisione della condanna. In un primo momento Burton aveva ammesso
di aver sequestrato e ucciso Nancy Adleman, 48 anni, mentre stava
correndo nel suo quartiere di Houston. Ma successivamente, durante
il suo processo, l'imputato ritratto' la confessione. La giuria
impiego' non piu' di 30 minuti per condannarlo a morte tramite
iniezione letale.
An
inmate's death sentence for strangling a Houston jogger was
overturned by a Texas appeals court Wednesday because his lawyer
failed to object to improper statements made by prosecutors. The
Court of Criminal Appeals, in a 7-2 ruling, affirmed the murder
conviction of Arthur Lee Burton, 30, but ordered that he be
resentenced.Prosecutors could seek the death penalty again.Harris
County prosecutors said they will ask the appeals court to
reconsider its ruling. Burton confessed to killing Nancy Adleman,
48, who was abducted while jogging in her neighborhood in 1997.
Adelman was strangled with her shoelaces as she screamed for help
while Burton tried to rape her.Burton recanted his confession on
the witness stand. The jury took about 30 minutes to sentence him
to die by lethal injection. Before sentencing, the judge's written
instructions to the jury said that if Burton was sentenced to
life, he would not be eligible for parole for at least 40 years.
Prosecutors, however, warned jurors that if Burton was sentenced
to life, he could be released in as little as two years if the
Legislature changed the laws. Burton's lawyer at the trial,
Wilford Anderson, did not object to that statement and instead
said such a change in the law would not happen in a state with
Texas' reputation for being tough on crime. Burton's appeals
attorney, Janet Morrow, said that the warning was improper and
that Anderson should have objected immediately.The prosecutor
``can't just create a false fear that he'll be out of prison in
five years,'' Morrow said. ``The jury has to apply the law the
judge gives them.''The appeals court agreed, adding that the
prosecutor's warning essentially told jurors to ignore the judge's
instructions. Defense attorneys should have recognized such a
fundamental error, the court. Anderson's failure to object and his
own closing arguments ``reflected his ignorance of the law,'' the
court said.Anderson did not immediately return calls for comment.
Julie Klibert, an assistant district attorney, said she didn't
believe Anderson's conduct harmed his client. |