Kentucky Death Row Inmate Could Go Free After Appeals Court Ruling Regarding "Extreme Emotional Disturbance".
Appeals ruling may have effect on more Ky. inmates
By BRETT BARROUQUERE
LOUISVILLE, Ky. (AP) -- David Eugene Matthews may soon be released from Kentucky's death row after nearly three decades.
And, if he is, the door he walks out of will be left ajar for two other condemned inmates.
Kentucky prosecutors are asking the full U.S. 6th Circuit Court of Appeals to reverse a three-judge panel's decision to order a new trial for Matthews, 62, on burglary charges or release him.
Assistant Attorney General Matthew Krygiel, in a motion for rehearing, said the ruling was flawed and could impact the federal appeals of two other inmates who have been fighting execution for multiple decades.
A three-judge panel ruled that a judge misinterpreted Kentucky's law on extreme emotional disturbance and ordered Matthews retried or released. The panel also ruled that Matthews cannot be retried for the June 1981 murders of his estranged wife, Mary "Marlene" Matthews, and mother-in-law, Magdalene Cruse, in Louisville, because of the constitutional prohibition against double jeopardy.
Even if convicted of the remaining burglary charges, Matthews would likely be sentenced to time served, resulting in his release, Krygiel wrote.
Krygiel wrote that inmates Randy Haight and Leif Halvorsen raised similar legal claims about extreme emotional disturbance to the ones Matthews used to win a new trial. Letting the Matthews decision stand could result in those inmates winning their federal appeals, Krygiel said.
"First, this case has the potential to allow an obviously guilty double-murderer to be released," Krygiel wrote. "Matthews' guilt has never been in doubt."
Krygiel wants the court to take an unusual step and rehear the case. Matthews remains on death row at the Kentucky State Penitentiary in Eddyville while the court considers a rehearing. Messages left for Matthews' attorneys were not returned. They had not filed a response to Krygiel's rehearing request as of Wednesday.
Kentucky's law at the time Matthews went to trial required prosecutors to prove beyond a reasonable doubt that Matthews did not suffer from extreme emotional disturbance if the defendant produced sufficient evidence of the disorder. Such a showing meant the defendant could be found guilty of first-degree manslaughter, not murder, unless prosecutors rebutted the claim.
In Matthews' case, the three-judge panel in June found problems with the trial judge's legal interpretations and a prosecution argument that Matthews and his attorneys concocted the issue in an attempt to avoid a conviction. The federal court's ruling overturned decisions by the Kentucky Supreme Court interpreting the law.
"The prosecution presented no evidence of its own regarding the EED element," Judge Eric Clay wrote.
Haight, 59, condemned to death for the slayings of Patricia Vance and David Omer on Aug. 22, 1985 in Garrard County, and Halvorsen, 57, who was sentenced to death in 1983 in Fayette County for the participation in the murder of Jacqueline Greene, Joe Norman and Joey Durham, have raised similar claims in their federal appeals.
It is unclear how many other cases could be affected by the decision, should it stand.
Ernie Lewis, who retired as the head of the Kentucky Department of Public Advocacy in September 2008, said attorneys often used the extreme emotional disturbance defense in the 1980s because prosecutors had to prove it did not exist beyond a reasonable doubt.
"I think the Matthews case is quite significant and will have a major impact on cases that were tried in the 80's or so," Lewis said.
One of Haight's attorneys, public defender Bruce Hackett, declined to comment on the potential impact of the decision on his client, citing an ongoing appeal. As of Wednesday, Hackett had not filed any new briefs related to the Matthews decision.
Public defender David Barron filed a motion in Halvorsen's federal appeal on Monday citing the Matthews case and asking a judge to dismiss the charges and conviction. Barron said Halvorsen's trial attorney misunderstood the law and didn't adequately investigate the extreme emotional disturbance claim. If the Matthews decision stands, it benefits Halvorsen, Barron said in the motion.
"It should require Halvorsen's convictions to be vacated," Barron said.
Kentucky has executed three men since 1976. The last person executed was Marco Allen Chapman by lethal injection in November 2008. The state currently has 34 people on death row.
By BRETT BARROUQUERE
LOUISVILLE, Ky. (AP) -- David Eugene Matthews may soon be released from Kentucky's death row after nearly three decades.
And, if he is, the door he walks out of will be left ajar for two other condemned inmates.
Kentucky prosecutors are asking the full U.S. 6th Circuit Court of Appeals to reverse a three-judge panel's decision to order a new trial for Matthews, 62, on burglary charges or release him.
Assistant Attorney General Matthew Krygiel, in a motion for rehearing, said the ruling was flawed and could impact the federal appeals of two other inmates who have been fighting execution for multiple decades.
A three-judge panel ruled that a judge misinterpreted Kentucky's law on extreme emotional disturbance and ordered Matthews retried or released. The panel also ruled that Matthews cannot be retried for the June 1981 murders of his estranged wife, Mary "Marlene" Matthews, and mother-in-law, Magdalene Cruse, in Louisville, because of the constitutional prohibition against double jeopardy.
Even if convicted of the remaining burglary charges, Matthews would likely be sentenced to time served, resulting in his release, Krygiel wrote.
Krygiel wrote that inmates Randy Haight and Leif Halvorsen raised similar legal claims about extreme emotional disturbance to the ones Matthews used to win a new trial. Letting the Matthews decision stand could result in those inmates winning their federal appeals, Krygiel said.
"First, this case has the potential to allow an obviously guilty double-murderer to be released," Krygiel wrote. "Matthews' guilt has never been in doubt."
Krygiel wants the court to take an unusual step and rehear the case. Matthews remains on death row at the Kentucky State Penitentiary in Eddyville while the court considers a rehearing. Messages left for Matthews' attorneys were not returned. They had not filed a response to Krygiel's rehearing request as of Wednesday.
Kentucky's law at the time Matthews went to trial required prosecutors to prove beyond a reasonable doubt that Matthews did not suffer from extreme emotional disturbance if the defendant produced sufficient evidence of the disorder. Such a showing meant the defendant could be found guilty of first-degree manslaughter, not murder, unless prosecutors rebutted the claim.
In Matthews' case, the three-judge panel in June found problems with the trial judge's legal interpretations and a prosecution argument that Matthews and his attorneys concocted the issue in an attempt to avoid a conviction. The federal court's ruling overturned decisions by the Kentucky Supreme Court interpreting the law.
"The prosecution presented no evidence of its own regarding the EED element," Judge Eric Clay wrote.
Haight, 59, condemned to death for the slayings of Patricia Vance and David Omer on Aug. 22, 1985 in Garrard County, and Halvorsen, 57, who was sentenced to death in 1983 in Fayette County for the participation in the murder of Jacqueline Greene, Joe Norman and Joey Durham, have raised similar claims in their federal appeals.
It is unclear how many other cases could be affected by the decision, should it stand.
Ernie Lewis, who retired as the head of the Kentucky Department of Public Advocacy in September 2008, said attorneys often used the extreme emotional disturbance defense in the 1980s because prosecutors had to prove it did not exist beyond a reasonable doubt.
"I think the Matthews case is quite significant and will have a major impact on cases that were tried in the 80's or so," Lewis said.
One of Haight's attorneys, public defender Bruce Hackett, declined to comment on the potential impact of the decision on his client, citing an ongoing appeal. As of Wednesday, Hackett had not filed any new briefs related to the Matthews decision.
Public defender David Barron filed a motion in Halvorsen's federal appeal on Monday citing the Matthews case and asking a judge to dismiss the charges and conviction. Barron said Halvorsen's trial attorney misunderstood the law and didn't adequately investigate the extreme emotional disturbance claim. If the Matthews decision stands, it benefits Halvorsen, Barron said in the motion.
"It should require Halvorsen's convictions to be vacated," Barron said.
Kentucky has executed three men since 1976. The last person executed was Marco Allen Chapman by lethal injection in November 2008. The state currently has 34 people on death row.
Labels: Crime, Punishment
posted by KYJurisDoctor at 7:27 AM
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