SF appeals court overturns SoCal murderer's death sentence

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 9th circuit has two phobias: God and the death penalty. This ruling was their effort to combine their two favorite bete noires in one present complete with the wrappings and shiny tie. Oh yeah William Payton gets to live after stabbing a woman to death several times with a butcher knife all on account of the prosecutor having committed the politically correct and unpardonable sin of mentioning the "G" word in fronf of a jury. How sour the sound of justice denied gongs in Kalifornistan.

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.

Oh, I get it. It's ok for the defense attorney to use his newfound religion to get him OFF but not ok for the prosecutor to rebutt that? That makes perfect sense. I mean, this is the Liberal Bench Legislating Circuit Court after all! < /sarcasm >

Please let me know if you want ON or OFF my General Interest ping list!. . .don't be shy.

Yeah it sucks, but as long as he is in the joint, and doesn't show up at my barbeque on the beach this afternoon, that's a plus....

Bottom line is that I am all for the death penalty, but life in the joint is the next best thing for this savage. Actually, it may be worse than death for this screw worm....

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