Posted on 11/02/2005 4:29:44 PM PST by NormsRevenge
SAN FRANCISCO (AP) - A federal appeals court on Wednesday reversed the conviction and death sentence of a man condemned for the 1982 killings of two Riverside police officers.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Jackson Daniels Jr., 67, had ineffective counsel, and that the judge should have moved the trial from Riverside County because of intense pretrial publicity.
The appeals court ruled Daniels had two rookie criminal defense attorneys who had never tried a murder case, and that a judge had given them only three months to prepare.
The attorneys failed to inform the jury of his mental illness, and instead tried to convince panelists that Daniels was not the culprit, despite contrary testimony.
"It is clear in this case that Daniels shot the two officers and is guilty of some type of unlawful killing," Judge Harry Pregerson wrote for the San Francisco-based appeals court. "There was evidence that his mental state at the time of the offense could have been used as a defense to first-degree murder."
Daniels, who uses a wheelchair, was sent to death row for killing officers Dennis Doty, 35, and Philip Trust, 36, who were sent to arrest him when he failed to show up for sentencing in a bank robbery case.
Ingrid Wyatt, spokeswoman for Riverside County District Attorney Grover Trask II, said the office was exploring options on whether to appeal, but ultimately would retry Daniels instead of setting him free.
"I can safely say we would retry the case," Wyatt said. "This was a serious crime."
The case is Daniels v. Woodford, 02-99002.
Judge Harry Pregerson is a 1979 Jimmy Carter appointee.
Who are the judges who did this?
Nuff said!
It's only right. He probably didn't mean to do it. And besides, these guys were just cops.
Unreal.
And when we get to the point that we say – in unison – that “these guys were just judges,” we’ll be on the home stretch. IMO.
Do we have any recourse to recall or fire or impeach these clowns?
Good grief. Just when you'd think the 9th couldn't get any sillier...
The judge admits the guy did it, but basically orders millions more be spent on a trial. Don't any of these judges have common sense?
No legal recourse.
Of course, we had no legal right to remove King George's troops and tax collectors from the continent, either.
Seriously, I think large numbers of angry but peaceful protestors, legally exercising their 2nd amendment right to keep & bear arms, massing outside the courthouse and in front of the judges' houses, is about as far as we can legally and morally go.
Sure. Never ever again elect a dim prez.
WTF? How much time does it take to organize lies and excuses. Why not give them a couple of years so the attorneys and judges can earn their kid's tuition on our backs. This thing has been going on for 23 years. What a joke.
If the 9th circus overturns Scott Petersons conviction, THEN there will be protests! For 2 cops? Hardly a blip, I bet.
the president can abolish the ninth circuit and create another to replace it
Congress doesn't have to impeach, they can eliminate a judges seat...in effect firing the judge. Kyle and two others started paper work in the senate to do this today. I wouldn't hold my breath.
Taht says all that needs saying.
Works for me, but we still need to make sure we have conservative presidents.
And they're always so consistent...
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