Feb 1

Death Sentence Overturned

 SAN FRANCISCO - A man convicted of gunning down a college student in 1981 had his death sentence overturned Friday by a federal appeals court that ruled his lawyer failed to investigate his client's mental history.

The 9th U.S. Circuit Court of Appeals commuted the death sentence of Benjamin Wai Silva to life in prison and sent his case back to a lower court for a new sentencing hearing.

 The appeals court said Silva's lawyer, Thomas Buckwalter, never hired an investigator to look into Silva's background or mental state during both the guilt and penalty phases of the trial, despite having the money to hire such an expert.

 Buckwalter has said Silva opposed any investigation into his background. Silva denied that, the appeals court said.

 Buckwalter, who is now the district attorney in Modoc County, just north of Lassen County where the slaying occurred, said Friday he couldn't comment "until the decision is final."

Silva was found guilty in the 1981 shooting death of Kevin Thorpe, who was traveling with his girlfriend on their way to Oregon.