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Post by sclcookie on Jun 1, 2006 15:51:46 GMT -5
Court orders resentencing for death row inmate
The death sentence of a man convicted of killing a woman at an Oklahoma City recreation center in 1991 is being overturned and he'll get a new sentencing hearing.
The state Court of Criminal Appeals says Alfred Brian Mitchell deserves a new sentencing because mistakes by the judge and prosecutors prevented him from getting a fair hearing.
Mitchell was convicted of beating and bludgeoning 21-year-old University of Oklahoma student Elaine Scott to death at the recreation center.
The appeals court upheld the murder conviction, but says the prosecutor was highly improper by yelling and pointing at Mitchell during closing arguments.
And the court says Judge Susan Caswell's repeated refusal to restrain or condemn the prosecutor is even more disturbing.
The court says Caswell by have forgotten - quote - "where she was sitting and what she was wearing."
The court also ordered that a different judge preside over the resentencing.
(source: Associated Press)
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