Mentally ill triple murderer Horace Kelly wins a stay of execution from federal judge,in CA,Bravo!
Joe1orbit
Hello,
There is some very good news today for Horace Kelly, the 38 year old
convicted triple murderer in California that your pathetic and perverse society
is trying to legally murder, via the death penalty. Horace WAS indeed scheduled
to be legally murdered on this coming Tuesday. I use the past tense of WAS,
because it is my pleasure to report that a federal judge has indeed BLOCKED the
execution from occuring. Terry J. Hatter, Jr, is the name of our courageous
judge, whose ruling will likely mean that it will be YEARS before any other
execution date for Horace can be set again. Bravo!
I bet that Horace is feeling pretty happy this evening. Last night he went
to sleep knowing that the malevolent and perverse society which created him had
already set a date and time to MURDER their very own creation, their very own
victim. Tonight, Horace goes to sleep knowing that the execution date has been
rendered null and void, and the SIXTY different points of appeal that Horace's
lawyers have raised MUST and will be fully addressed by a court, which means it
will be years down the road, if ever, before another execution date can be set.
I would like to congratulate Horace on winning back his life, a life that of
course your society has NO right to even think of taking. I hope Horace
squeezes every last bit of pleasure and happiness into his future years,
revelling in the glory of being alive, and if his True Reality so
allows/dictates, revelling in his past killings as well.
As you can imagine, the legal ASSASSINS, represented by state prosecutors,
are vowing to fight this judge's ruling, as they desperately seek to satisfy
their society's perverse and hypocritical bloodlust. I certainly hope that they
are unsuccessful. Truly these hired assassins, representing their society in
the pursuit and execution of MURDER against the VICTIMS that society itself has
created, are far more worthy of death themselves, than Horace could ever hope
to be.
Take care, JOE
The following appears courtesy of today's Associated Press news wire:
Execution Stayed on Insanity Claim
By JANE E. ALLEN
LOS ANGELES (AP) - A federal judge on Wednesday blocked next week's execution
of a triple murderer - possibly for years - while defense lawyers press claims
that he is mentally unfit to understand the case and was denied a fair trial.
U.S. District Judge Terry J. Hatter Jr. said the execution by injection of
Horace Kelly, scheduled for about 12:01 a.m. Tuesday, would be stayed until
final resolution of a federal appeal that contains more than 60 claims.
The state attorney general's office immediately vowed to move quickly to keep
the execution on track.
``We'll go to the 9th Circuit (U.S. Court of Appeals) and ask them to vacate
the stay,'' Deputy Attorney General Keith Motley said after the short hearing.
He predicted that if Hatter's order holds up, ``we'll be litigating 60-some
issues - we're talking years.''
Kelly, 38, was convicted of killing two women and an 11-year-old boy during a
six-day period in November 1984.
The defense claims legal errors in Kelly's murder trials and in a proceeding in
Marin County Superior Court last month in which a jury found Kelly sane enough
to be executed. The panel found Kelly sane despite testimony that he talks
gibberish and seems to believe he's in college rather than on death row.
State law and the U.S. Constitution forbid execution of the insane.
On Wednesday, David W. Fermino, a defense lawyer, won consideration of the
appeal after the expiration of a one-year deadline set by federal law. Hatter
agreed that the deadline should be extended because he had earlier put the case
on hold due to uncertainty about Kelly's sanity.
``This is an absolutely grave matter,'' Fermino told the judge.
He argued that the Marin sanity hearing was fatally flawed by prejudicial juror
misconduct. He also challenged the definition of mental awareness used in the
case.
On Tuesday, the state Supreme Court refused to block Kelly's execution. It
denied review of an appeal by Kelly's lawyer claiming numerous legal errors and
irregularities in the sanity trial - the first in California since 1950 to
consider whether a condemned prisoner was too insane to be executed.
AP-NY-06-03-98
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The following appears courtesy of today's Associated Press news wire:
Wednesday June 3, 1998
LA judge blocks Kelly execution
By TRACY VENEGAS
LOS ANGELES, June 3 (UPI) - A Los Angeles federal judge has issued a stay of
execution for convicted killer Horace Kelly, whose lawyers claim he is insane
and unaware of his legal situation.
U.S. District Court Judge Terry Hatter granted a petition by the defense today
that allows Kelly to appeal his death sentence in federal court despite having
missed the one-year filing deadline.
Kelly's public defenders contended that they didn't miss the deadline, but had
been ordered by Hatter in 1995 to halt all court proceedings until their
38-year-old client's mental competence was determined.
It is illegal in California to execute an insane prisoner. The issue of Kelly's
sanity has touched off a heated debate about psychiatric treatment for death
row inmates, since their recoveries would result in their deaths.
After a six-week trial, a Marin County jury found 9-3 last month that Kelly was
sane. State prosecutors picked June 9 and July 7 as execution dates so they
wouldn't have to re-schedule the date in case one of his appeals was granted.
State prosecutors plan to appeal today's ruling, saying they believe Hatter
doesn't have the authority to block the execution. The Ninth Circuit Court of
Appeals has already ruled that Kelly's lawyers missed the federal appeal filing
deadline.
The state Supreme Court refused Tuesday to block Kelly's execution or review
the jury's conclusion that he is mentally competent.
Kelly was convicted of murdering two women and an 11-year-old boy in San
Bernardino and Riverside counties in 1984.