Post by Anja Nieser on Sept 19, 2006 16:43:14 GMT -5
Georgia high court hears arguments in Savannah death penalty case
A lawyer for a man accused in the brutal murder of a Savannah woman and
her 13-year-old daughter argued to the state Supreme Court on Monday that
several rulings by a lower court will hurt his client's chances of
avoiding the death penalty.
Darryl Scott Stinski is charged with murder in the 2002 deaths of Susan
Pittman and her daughter, Kimberly.
He was indicted by a grand jury on charges that he and Dorian O'Kelly
broke into the Pittmans' home, robbed it, tortured and killed the women,
then set the house on fire.
A coroner ruled that Susan Pittman died of stab wounds to the chest and
Kimberly Pittman died of smoke inhalation.
O'Kelly has already been found guilty of the crime and sentenced to death.
On Monday, Steve Sparger, one of Stinski's attorneys, told the Supreme
Court that his client was illegally arrested without a search warrant and
should not have been questioned about the killings after he was brought in
by police on drug and robbery charges.
He also protested a Superior Court ruling that graphic photographs of the
victims could be used during his trial. He said the photographs, taken
after the home burned, could anger jurors but wouldn't offer any
legitimate evidence.
"You're talking about charred bodies," Sparger said. "That's bad enough in
words and they want to put it on (an overhead projector) and up on a
10-by-10 screen. They don't need it."
Assistant district attorney David Lock said prosecutors haven't decided
which photos, if any, they will use at trial and that the judge in the
case could rule on each one at the time.
"The court has not made a ruling on individual photographs," Lock told the
justices. "I just don't think I ought to be hamstrung at this time ... if
it is shown to be relevant."
Lock said police, acting on a tip that Stinski and O'Kelly were at
O'Kelly's home, called a judge who told them they could make the arrest
first, then come to him to sign a warrant.
He also argued that it's a typical police tactic to arrest suspects on a
lesser charge to hold them while a more serious crime is investigated.
Sparger also argued that a change in the law about how witnesses can be
questioned would hurt his case. He said a witness he would like to call if
the trial reaches the sentencing phase has several pieces of information
that could help Stinski.
But that person also has information that could hurt his client, Sparger
said, and because of a change in state law, prosecutors could use that
information.
"I shouldn't have to bring something to kill my client," he said. "We have
things that help, but if that witness knows something that hurts, I have
to leave that witness out."
Superior Court Judge Lamar W. Sizemore Jr., of the Macon Judicial Circuit,
filled in for Supreme Court Judge Harold Melton at Monday's hearing.
Melton was legal counsel for former Gov. Roy Barnes when part of the law
being challenged in the case was written and recused himself from hearing
it.
The court is expected to rule on Monday's arguments by next spring.
(source: Associated Press)
A lawyer for a man accused in the brutal murder of a Savannah woman and
her 13-year-old daughter argued to the state Supreme Court on Monday that
several rulings by a lower court will hurt his client's chances of
avoiding the death penalty.
Darryl Scott Stinski is charged with murder in the 2002 deaths of Susan
Pittman and her daughter, Kimberly.
He was indicted by a grand jury on charges that he and Dorian O'Kelly
broke into the Pittmans' home, robbed it, tortured and killed the women,
then set the house on fire.
A coroner ruled that Susan Pittman died of stab wounds to the chest and
Kimberly Pittman died of smoke inhalation.
O'Kelly has already been found guilty of the crime and sentenced to death.
On Monday, Steve Sparger, one of Stinski's attorneys, told the Supreme
Court that his client was illegally arrested without a search warrant and
should not have been questioned about the killings after he was brought in
by police on drug and robbery charges.
He also protested a Superior Court ruling that graphic photographs of the
victims could be used during his trial. He said the photographs, taken
after the home burned, could anger jurors but wouldn't offer any
legitimate evidence.
"You're talking about charred bodies," Sparger said. "That's bad enough in
words and they want to put it on (an overhead projector) and up on a
10-by-10 screen. They don't need it."
Assistant district attorney David Lock said prosecutors haven't decided
which photos, if any, they will use at trial and that the judge in the
case could rule on each one at the time.
"The court has not made a ruling on individual photographs," Lock told the
justices. "I just don't think I ought to be hamstrung at this time ... if
it is shown to be relevant."
Lock said police, acting on a tip that Stinski and O'Kelly were at
O'Kelly's home, called a judge who told them they could make the arrest
first, then come to him to sign a warrant.
He also argued that it's a typical police tactic to arrest suspects on a
lesser charge to hold them while a more serious crime is investigated.
Sparger also argued that a change in the law about how witnesses can be
questioned would hurt his case. He said a witness he would like to call if
the trial reaches the sentencing phase has several pieces of information
that could help Stinski.
But that person also has information that could hurt his client, Sparger
said, and because of a change in state law, prosecutors could use that
information.
"I shouldn't have to bring something to kill my client," he said. "We have
things that help, but if that witness knows something that hurts, I have
to leave that witness out."
Superior Court Judge Lamar W. Sizemore Jr., of the Macon Judicial Circuit,
filled in for Supreme Court Judge Harold Melton at Monday's hearing.
Melton was legal counsel for former Gov. Roy Barnes when part of the law
being challenged in the case was written and recused himself from hearing
it.
The court is expected to rule on Monday's arguments by next spring.
(source: Associated Press)