Post by Anja Nieser on Sept 17, 2006 23:25:09 GMT -5
U.S. High Court to Decide Whether to Hear Mississippi Death Penalty Appeal
Joe Rigby and other members of the family of Katie Belle Moore are ready
for the quarter of a century saga of Bobby Glen Wilcher to end.
Wilcher came within minutes of being executed on July 11. A reprieve came
from the U.S. Supreme Court. The Supreme Court meets Monday to determine
if there is something in Wilcher's case worth its further consideration.
An announcement could come as early as Oct. 2, when the court's new term
begins.
"It's been a disappointment to us from the way it's been put off from time
to time," said Rigby, the circuit clerk of Scott County who was county
coroner when Moore, his aunt, and Velma Odell Noblin were killed in 1982.
"We are ready for it to come to an end," Rigby said. "The emotional
letdown ... we had come that close and it was put off again. I don't think
you can get used to it."
Wilcher, now 43, was sentenced to death for the slayings. After meeting
them at a Forest bar, Wilcher persuaded the women to drive him home and
diverted them down a deserted road.
Their blood-soaked bodies were found sprawled along the muddy banks of the
dirt road. Each woman had been stabbed and slashed more than 20 times,
according to authorities.
Wilcher's case has gone through two trials, two re-sentencing hearings and
countless appeals.
Supreme Court watchers have said the Wilcher case contains elements in
which the justices have shown an interest - whether to execute the
mentally ill and when to cut off a condemned inmate's appeals.
"The Supreme Court has shown a good deal of interest lately in the issue
of the capacity of death row inmates to make the decision that they wish
to be executed," said Jackson attorney Cliff Johnson, who represents
Wilcher.
"I think their granting a stay in this case is a further indication that
the Supreme Court recognizes the need for clearer rules and guidance for
courts addressing those issue," Johnson said.
In June, Wilcher told a federal judge he wanted to drop his appeals. A
July 11 execution date was set. Wilcher himself then filed an appeal with
the 5th U.S. Circuit Court of Appeals, saying he had changed his mind. The
5th Circuit declined to stop the execution.
Attorney General Jim Hood has contended that Wilcher knew what he wanted
to do and his wishes should be honored.
If the Supreme Court decides against hearing Wilcher's case, Hood has said
he will go back to the Mississippi Supreme Court for a new execution date.
Johnson said if that happens, he will resume filing appeals for Wilcher.
Johnson said he hopes to get to argue before the Supreme Court that "Bobby
should have been examined by professionals who could determine his
competency to waive his appeals."
"I am also every eager to argue to the court that it's never too late for
someone to change his mind regard whether or not he wishes to be executed.
The 5th Circuit ruled that 4 days prior to execution was too late for
Bobby to decide to pursue his appeals.
"I believe that will be of particular interest to the Supreme Court,"
Johnson said.
(source: Associated Press)
Joe Rigby and other members of the family of Katie Belle Moore are ready
for the quarter of a century saga of Bobby Glen Wilcher to end.
Wilcher came within minutes of being executed on July 11. A reprieve came
from the U.S. Supreme Court. The Supreme Court meets Monday to determine
if there is something in Wilcher's case worth its further consideration.
An announcement could come as early as Oct. 2, when the court's new term
begins.
"It's been a disappointment to us from the way it's been put off from time
to time," said Rigby, the circuit clerk of Scott County who was county
coroner when Moore, his aunt, and Velma Odell Noblin were killed in 1982.
"We are ready for it to come to an end," Rigby said. "The emotional
letdown ... we had come that close and it was put off again. I don't think
you can get used to it."
Wilcher, now 43, was sentenced to death for the slayings. After meeting
them at a Forest bar, Wilcher persuaded the women to drive him home and
diverted them down a deserted road.
Their blood-soaked bodies were found sprawled along the muddy banks of the
dirt road. Each woman had been stabbed and slashed more than 20 times,
according to authorities.
Wilcher's case has gone through two trials, two re-sentencing hearings and
countless appeals.
Supreme Court watchers have said the Wilcher case contains elements in
which the justices have shown an interest - whether to execute the
mentally ill and when to cut off a condemned inmate's appeals.
"The Supreme Court has shown a good deal of interest lately in the issue
of the capacity of death row inmates to make the decision that they wish
to be executed," said Jackson attorney Cliff Johnson, who represents
Wilcher.
"I think their granting a stay in this case is a further indication that
the Supreme Court recognizes the need for clearer rules and guidance for
courts addressing those issue," Johnson said.
In June, Wilcher told a federal judge he wanted to drop his appeals. A
July 11 execution date was set. Wilcher himself then filed an appeal with
the 5th U.S. Circuit Court of Appeals, saying he had changed his mind. The
5th Circuit declined to stop the execution.
Attorney General Jim Hood has contended that Wilcher knew what he wanted
to do and his wishes should be honored.
If the Supreme Court decides against hearing Wilcher's case, Hood has said
he will go back to the Mississippi Supreme Court for a new execution date.
Johnson said if that happens, he will resume filing appeals for Wilcher.
Johnson said he hopes to get to argue before the Supreme Court that "Bobby
should have been examined by professionals who could determine his
competency to waive his appeals."
"I am also every eager to argue to the court that it's never too late for
someone to change his mind regard whether or not he wishes to be executed.
The 5th Circuit ruled that 4 days prior to execution was too late for
Bobby to decide to pursue his appeals.
"I believe that will be of particular interest to the Supreme Court,"
Johnson said.
(source: Associated Press)