[WCADP-list] DEATH PENALTY NEWS: Cecil Davis' Death Sentence Remanded

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In an 8 to 1 decision the Washington State Supreme Court upheld Cecil Davis'
aggravated murder conviction saying they found overwhelming evidence that he
killed Yoshiko Couch.  However, in an unanimous decision, they also ruled
that the leg restraints Davis was forced to wear during his trial could have
affected Davis' sentence because when deciding between death or life in
prison without parole jurors are asked how dangerous they believe the
defendant may be.  
 
The one dissenting opinion by Justice Sanders said that the matter of the
shackles was important enough to warrant a new trial.
 
After the trial, at least one juror admitted to seeing the shackles on Davis
even though some effort was made to hide them.  According to the Seattle
Times, "Davis was well-behaved in the courtroom. His public defenders tried
to hide his ankle shackles from the jury, buying him long pants and stacking
boxes in front of the defense table."  Earlier court rulings have said that
shackles do tell jurors that a defendant is dangerous and unmanageable. 
 
Pierce County Prosecutor Gerald Horne must now decide whether to ask a new
jury to sentence Davis to death or let him spend the rest of his life in
prison without the possibility of parole.
 
  _____  

To read the court's opinion, go to:
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp
<http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=708347MAJ>
&docid=708347MAJ
 
For Justice Sanders' concurrence/dissent, go to: 
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp
<http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=708347IP1>
&docid=708347IP1
 
And for the concurrence by Justice Chambers, go to:
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp
<http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=708347CO1>
&docid=708347CO1
 
  _____  

 
To contact the Pierce County Prosecutor:
    Mr. Gerald Horne -- Room 946; 930 Tacoma Ave. S.; Tacoma, WA 98402-2171
    (253) 798-7400
    pcprosatty at co.pierce.wa.us
 
"I agree with the Washington Supreme Court.  No person can receive a fair
trial if he or she is shackled like an animal.  The only message this can
send to the jury is that they are dangerous and unmanageable.  Since Mr.
Davis can not receive a new trial, I am writing to ask that you acknowledge
what the court has told you -- the death penalty in this case was unjust.
Resubmitting this case to a jury that was not present to hear all the facts
of the case as they were presented can not be considered a fair or moral way
to determine Mr. Davis' fate.  Please do not seek the death penalty.  There
is no justice in condemning a man after such a flawed and immoral set of
events."
 
  _____  

  

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The Washington Coalition to Abolish the Death Penalty
P. O. Box 3045
Seattle, WA 98114
(206) 622-8952
www.abolishdeathpenalty.org <http://www.abolishdeathpenalty.org/> 
 
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