The Recorder

California Inmate Executed Despite Trial Lawyer's Record of Ineffectiveness

California executed Stephen Wayne Anderson on January 29, despite evidence that his trial attorney was unprepared. Anderson's case was one of the first three capital cases defended by Sherman Ames. In Anderson's case, Ames did not meet with him until the morning of the trial and called few mitigating witnesses during the sentencing phase. In the other two cases, both defendants had their sentences overturned due to Ames' ineffectiveness. In one case, Ames declared himself ready for trial after working 12.5 hours on the case, and argued to the jury that executing the defendant would be a favorable outcome for him. Although the federal appeals court has recently decided to allow Anderson's execution to go forward, six of the court's judges believe Anderson' s case deserves closer scrutiny in light of Ames' prior ineffectiveness. "Having twice determined that Ames was constitutionally ineffective in representing capital clients. . . we should not now permit an execution to proceed in the case of still another capital defendant whose life the state has placed in Ames' hands, at least not without reviewing the case en banc," wrote Judge Stephen Reinhardt in his dissent. 1/22/02

U.S. Supreme Court rejects San Quentin death appeal Bob Egelko

January 28

The U.S. Supreme Court refused today to halt the execution of Stephen Wayne Anderson, who is scheduled to be killed by lethal injection at 12:01 a.m.

tomorrow in San Quentin for murdering an elderly woman during a 1981 burglary.

The justices, without comment, denied review of a claim by Anderson's lawyers that his right to an impartial clemency hearing was violated because of alleged bias by Gov. Gray Davis.

That claim was made in a suit filed before Davis denied clemency Saturday in a 34-page decision. Last night, Anderson's lawyers refiled their suit in U. S. District Court in San Francisco, attaching Davis' decision as evidence that he was prejudiced against leniency for convicted murderers.

Anderson, 48, shot and killed 81-year-old Elizabeth Lyman after breaking into her house in the San Bernardino County desert community of Bloomington.

He told arresting officers he had committed two other murders, a contract killing and a stabbing of a fellow Utah inmate, but later denied the contract murder and said the prison stabbing was in self-defense. He was not charged with either murder, but both were cited by prosecutors in arguing for a death sentence for Lyman's murder.

Anderson's suit against Davis noted the governor's vetoes of paroles approved by the state Board of Prison Terms in murder cases and his statements to reporters opposing leniency for anyone convicted of murder.

U.S. District Judge Vaughn Walker and a federal appeals court rejected the suit last week, saying there was no evidence the governor was arbitrary, corrupt or racially biased in his approach to clemency.

The Supreme Court case was Anderson vs. Davis, 01-7948.