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San Francisco justice strikes again:

SF appeals court overturns SoCal murderer's death sentence

By ANGELA WATERCUTTER Associated Press Writer
Published 4:45 p.m. PDT Thursday, August 1, 2002

SAN FRANCISCO (AP) - A federal appeals court set aside a death sentence Thursday for an Orange County man who killed a woman by stabbing her a dozen times with a butcher knife.

The 9th U.S. Circuit Court of Appeals ruled 6-5 that a prosecutor's remarks to the jury caused William Payton to receive an unfair trial.

The court ruled that a prosecutor erred when he told jurors during the 1982 trial that they shouldn't consider Payton's newfound belief in God when weighing whether he should be sentenced to death.

In trying to sway jurors to spare Payton's life, defense attorneys told jurors he had made a sincere commitment to God, had a calming effect on fellow inmates and could help them in Bible study classes.

Jacobs told jurors he did not think Payton's discovery of religion was "really applicable," and said Payton should die for the 1980 rape and murder of Pamela Montgomery of Garden Grove.

But jurors, the court wrote, cannot be told to disregard so-called "mitigating" circumstances when considering a life or death sentence.

This is the ninth time this year that the circuit court has set aside a California death sentence and the latest chapter in a case that has spanned two decades.

A California jury decided in 1982 that Payton should be put to death for his actions. The California Supreme Court agreed, but a federal judge blocked Payton's execution and commuted his sentence to a life term.

A three-judge panel of the 9th Circuit, known for reversing capital cases, then reinstated Payton's punishment last August.

Surviving Payton's attack were another woman and her 10-year-old son, both stabbed repeatedly in the house where Payton formerly lived.

The case is Payton v. Woodford, 00-99000.

The court ruled that a prosecutor erred when he told jurors during the 1982 trial that they shouldn't consider Payton's newfound belief in God when weighing whether he should be sentenced to death.

Am I missing something here? You CAN'T mention God in school, but you MUST in court??

The court ruled that a prosecutor erred when he told jurors during the 1982 trial that they shouldn't consider Payton's newfound belief in God when weighing whether he should be sentenced to death.

Thise from the 9th circuit???