The conviction wasn't overturned, just the sentence. He was granted a new sentencing hearing, because the original jury was not allowed to consider extenuating circumstances, when setting the sentence. For good, or bad, the conviction held.
And to reply to artboy up there - Judge Yohn said he didn't have the jurisdiction to overturn the conviction, but since it's no longer a death penalty case (which was his main argument, as I understood it), wouldn't he, or a similar judge have the jurisdiction now?
I'll be surprised if this doesn't somehow end up in a new trial. Thank god Tom Ridge is out of Pennsylvania...
I dunno, perhaps. I wasn't expressing an opinion, just trying to clarify why the reporter might have used those terms. I haven't found any info on why the judge dismissed the other appeals, only that he had. Where are you looking?
I don't know that I really have an opinion on his guilt, or innocence, I've never been able to find any information that discusses the issue objectively, and there are compelling arguments, on both sides. I think it's pretty clear that he wasn't well represented, at trial. But, whether that was negligent enough to warrant a new trial, I don't know.
At least the death sentence was overturned, and for that, I'm glad.
I have no idea whether or not he's guilty. But I've read enough to believe that he deserves a new trial.
Horrifying, either way, how our system can drag on for twenty years, while deciding whether or not to kill a man. But you're right. I'm glad he's off death row. Most definitely.
no subject
Date: 2001-12-18 12:27 pm (UTC)Interesting...off I go to search for info.
no subject
Date: 2001-12-18 12:37 pm (UTC)no subject
Date: 2001-12-18 12:47 pm (UTC)And to reply to artboy up there - Judge Yohn said he didn't have the jurisdiction to overturn the conviction, but since it's no longer a death penalty case (which was his main argument, as I understood it), wouldn't he, or a similar judge have the jurisdiction now?
I'll be surprised if this doesn't somehow end up in a new trial. Thank god Tom Ridge is out of Pennsylvania...
no subject
Date: 2001-12-18 01:03 pm (UTC)I don't know that I really have an opinion on his guilt, or innocence, I've never been able to find any information that discusses the issue objectively, and there are compelling arguments, on both sides. I think it's pretty clear that he wasn't well represented, at trial. But, whether that was negligent enough to warrant a new trial, I don't know.
At least the death sentence was overturned, and for that, I'm glad.
Re:
Date: 2001-12-18 01:49 pm (UTC)Horrifying, either way, how our system can drag on for twenty years, while deciding whether or not to kill a man. But you're right. I'm glad he's off death row. Most definitely.
no subject
Date: 2001-12-18 09:53 pm (UTC)