July 26 CALIFORNIA: Court overturns death sentence of man who killed his neighbors The California Supreme Court on Monday overturned the death sentence of a Whittier man who in 1986 murdered his next-door elderly neighbors and burglarized their home. Larry Lucas killed Mary Marriott, 75, and husband Edwin, 85. They were victims of multiple stab wounds. Now 54, Lucas claimed he did not remember the murders, which were perhaps driven as a result of a daylong drug binge of methamphetamine, cocaine and heroin. A jury convicted him and sentenced Lucas to death. In commuting the death sentence to a life term, the Supreme Court found the defendant had inadequate legal counsel. His attorneys did not put on any evidence in the penalty phase of the trial for why the jury should spare him. The justices found Lucas suffered severe emotional and physical abuse by his parents as a child. He was housed in an institution for abused and neglected children that was staffed by violent adults. His medical reports showed that, as a child, he was the victim of cruel abuse. "A reasonable probability exists that the jury would have found in this evidence some explanation for petitioner's criminal propensities and some basis for the exercise of mercy," Chief Justice Ronald George wrote. It was the 2nd time the justices reversed a death sentence in as many weeks. The case is In re Larry Douglas Lucas, S050142. (source: Associated Press) ARIZONA: Court upholds murder convictions, overturns death sentences A Pima County man who killed his sister and her fiance will get a new sentence under an Arizona Supreme Court ruling. The Supreme Court unanimously rejected Shad Armstrong's appeal that he was a victim of prosecutorial misconduct and upheld his conviction in the shotgun slayings. The court said Armstrong had received a fair trial in the February 1998 killings of his sister, Farrah, and Frank Williams in Three Points. However, the justices issued a separate ruling that overturned Armstrong's death sentences, ruling that a jury could have decided sentencing issues differently than the judge who sentenced Armstrong on Dec. 7, 2000. Prosecutors contended that Armstrong plotted to kill his sister after learning she planned to return to Oklahoma to confess to a burglary they had committed in Texas. The ruling was the latest in which the state high court has reviewed death-penalty cases after a U.S. Supreme Court ruling that said juries, not judges, must decide whether factors exist that could warrant a death sentence. With the ruling in Armstrong's case, the state has now reviewed 18 cases, upholding one man's death sentence and ordering resentencings for 17 others. The ruling said there was no question that Armstrong's 2murders in the case could be counted as an aggravating factor for a possible death sentence. However, Armstrong's alleged motivation as an aggravating factor and the decision by the sentencing judge to give little weight to mitigating factors cited by Armstrong could have been decided differently by a jury, the Supreme Court said. 2 accomplices who testified against Armstrong were sentenced to prison. The case is State vs. Armstrong, CR-00-0595-AP. (source: Associated Press) MISSISSIPPI: Death Penalty will be Sought in Car Salesman's Death More details were revealed Monday in the death of a well-known Florence car salesman. 21 year-old Jermaine Donnell Rodgers and 16 year-old Deandre Dampier are charged with capitol murder, auto theft, and possession of stolen property. The prosecution says the nature of the crime warrants the death penalty. A Florence Police Department investigator revealed in a preliminary hearing on Monday that Five-Star Auto Salesman Harry McGuffee was shot once in the eye and 3 more times in the right side of the head. "The victim in this case was a very kind, compassionate, Christian man," said Rankin County District Attorney David Clark. "This is a very heinous crime. We feel that the death penalty is the only thing fair under the circumstances." During questioning the investigator said hand written car titles were found at Jermaine Rodgers' apartment in Simpson County along with a green Ford Mustang and a black Jeep Cherokee which came from McGuffee's dealership. The investigator also said he found a pair of Nike Air Jordan sneakers stained with blood in Rodgers' apartment. He said a test showed a match with McGuffee's DNA profile. The investigator further explained during cross examination that Rodgers' story didn't match Deandre Dampier's; one points the finger at the other as to who initiated the crime. After the preliminary hearing, many of Rodgers' and Dampiers' closest relatives and friends expressed grief for both sides. "Well, we're saddened, but we also pray for the victim's family as well," said Reverend Rickey O'Quinn, Pastor of New Hymn Baptist Church. "They must be going through difficulty as well." Both suspects have been life-long members of O'Quinn's congregation. Also revealed in the hearing... Rodgers had borrowed a gun from a friend to go fishing. The investigator said the caliber of the weapon matched the gun shot wounds on McGuffee. Defense attorneys say they expected the state to seek the death penalty. "I believe the facts will unfold as the litigation develops," said Rodgers' attorney Felecia Perkins. "We'll just see what happens." A Rankin County judge denied bond for both suspects. Their case will now go before the grand jury. 2 others are charged in this case. Clarissa Rodgers, the wife of Jermaine Rodgers, and Tamesha McClendon are charged with accessory after the fact. They waived their preliminary hearings earlier this month. Both are out of jail on $20,000 bond. (source: WLBT - TV News)
