WASHINGTON, 19 FEB - Dopo quattro anni nel braccio della morte, un condannato nella Carolina del Nord e' stato assolto: due anni fa un giudice a Windsor aveva scoperto che nel processo di primo grado la procura aveva nascosto delle prove a sua discolpa e ha ordinato un nuovo processo.

La giuria di sette uomini e cinque donne del nuovo processo ha assolto Alan Gell, 28 anni, dall'accusa di aver ucciso nel 1995 Allen Jenkens, un camionista in pensione, durante una rapina.

Il caso di Alan Gell ha riacceso il dibattito sulla pena di morte nella Carolina del Nord, dove gli oppositori chiedono una moratoria delle esecuzioni in attesa di un riesame del sistema penale.

Nel processo di primo grado la pubblica accusa aveva nascosto alla difesa la registrazione di una conversazione telefonica intercettata e le dichiarazioni di una quindicina di testimoni, secondo cui il camionista venne ucciso quando Gell era in prigione, dove stava scontando una pena per un altro reato.

19-FEB-04

Alan Gell of North Carolina Is Nation's 113th Death Row Exoneree

Alan Gell of North Carolina became the nation's 113th exonerated death row inmate today, February 18, 2004. Gell, who has maintained his innocence since his 1998 conviction, was acquitted of all charges by a jury that deliberated for only two and a half hours at his retrial.

The Mercury

NORTH CAROLINA: North Coventry man avoids death penalty in plea deal Michael G. McGrory took a plea bargain to save his life Tuesday.

Now all he has to do is talk.

McGrory, 30, of the 600 block of West Schuylkill Road, North Coventry, admitted his role in the November 2002 murders of Kerry Schadler and his wife, Katherine, who was 22 weeks pregnant.

He pleaded guilty to 2 counts of 1st-degree murder, 1 count of murder of an unborn child and 1 count of conspiracy to commit criminal homicide.

In exchange for McGrorys admission of guilt and his willingness to testify against co-defendant Matthew Eshbach, prosecutors agreed not to seek the death penalty.

If he lives up to his end of the deal, McGrory will spend the rest of his life in jail.

McGrory faces three consecutive life sentences and a concurrent 10- to 20-year sentence. He has no chance of parole.

Common Pleas Court Judge Juan Sanchez spent more than half of the 2-hour hearing reviewing the agreement before finally accepting the guilty plea.

Sanchez said, however, that he would not impose sentencing until after the Eshbach trial, which is scheduled for April.

He reminded McGrory, "This guilty plea hinges on your truthful and accurate testimony against Eshbach."

Sanchez, who is soon to leave for the federal bench, was meticulous in reviewing McGrorys rights and options as a defendant in a capital murder case.

At one point, he told McGrory, "You have the right to roll the dice and put your fate in the hands of the citizens."

But McGrory stuck with the bargain arranged by court-appointed defense lawyer Elizabeth Ann Plasser and Chester County District Attorney Joseph Carroll.

McGrory expressed tearful remorse to the court and victim's family.

"Nothing that comes to mind can make anything right about what I have done.

I cant turn back time," he said. "I can only pray that God will forgive me and put peace in your hearts."

Relatives of the Schadlers said they were satisfied with the outcome. They had not asked the district attorney to pursue the death penalty.

"I dont know what else to say. Nothing is going to bring my son or daughter-in-law back," said Kerry Schadlers mother, Karen Lupe.

"I just miss them both," she told Sanchez between tears.

"Theres really no good resolution to a situation like this," Carroll said after the verdict.

"We are pleased that McGrory doesn't walk the streets, but that doesn't make things right."

Carroll, who handled the case, said that initially he approached the plea bargain with "mixed feelings" because he felt that a jury would bring the death penalty.

But he said, "We considered the family's wishes. It was important that the family did not have to go through the hearings."

Carroll said, "In a way, it is a death sentence. He (McGrory) just does not know when he will die."