[WCADP-list] Breaking News: Allen Gregory's Death Sentence Overturned

[wcadp-list at lists.drizzle.com]

To the Members:
 
With only one justice dissenting, the Washington Supreme Court has voted to
overturn Allen Gregory's death sentence. Gregory's case has been sent back
to Pierce County Superior Court for sentencing.
 
Our congratulations go out to defense attorneys Suzanne Elliott and David
Zuckerman.
 
The story as reported by the Associated Press follows.  Links to the
Justices' opinions are at the end.

  _____  


Washington Supreme Court overturns murderer's death penalty 
By Curt Woodward, The Associated Press
<http://www.abolishdeathpenalty.org/News%20Pages/News.htm#Gregory>
www.abolishdeathpenalty.org/News%20Pages/News.htm#Gregory

The state Supreme Court overturned a convicted murderer's death penalty
today, saying evidence from his rescinded rape convictions and a
prosecutor's misconduct require a new sentence.
  
The 8-1 ruling came in the consolidated case of Allen Eugene Gregory, who
appealed his convictions for rape in 2000 and his aggravated murder
conviction from 2001.

The majority, led by Justice Bobbe Bridge, overturned the rape convictions,
saying the trial judge should have considered evidence that may have helped
Gregory's defense.

The justices then threw out Gregory's death sentence, saying evidence of the
rapes influenced his sentencing for murder. The court also said it would
have overturned the death sentence anyway, because the prosecutor committed
misconduct by improperly suggesting life in prison was too lenient for
Gregory.

Gregory's murder conviction was sent back to Pierce County Superior Court
for resentencing. He was originally sentenced in May 2001 for the rape,
robbery and killing of Geneine Ann Harshfield, a neighbor in Tacoma's
Hilltop area.

Gregory had been a suspect in the death of Harshfield, 43, who was stabbed
in her home after she returned home from her bartending job in July 1996.
But the murder went unsolved for two years, until police drew Gregory's
blood for evidence after his arrest in the separate rape case.

Tacoma police matched Gregory's DNA to semen stains from Harshfield's bed
and her body.

Justices Richard Sanders and Mary Fairhurst agreed with the Supreme Court's
result, but said they differed on the reasoning. Justice Jim Johnson
dissented from the ruling, writing that the ruling "comes in total disregard
of Washington's victims of crimes rights."



  _____  


Opinions may be viewed at:

Nov. 30, 2006 - 71155-1 - State v. Gregory 
 <http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=711551MAJ>
http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=711551MAJ

Nov. 30, 2006 - 71155-1 - State v. Gregory (Concurrence)
 <http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=711551Co1>
http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=711551Co1

Nov. 30, 2006 - 71155-1 - State v. Gregory (Dissent)
 <http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=711551Di1>
http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=711551Di1


  _____  

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The Washington Coalition to Abolish the Death Penalty
It's easy to support the death penalty when you don't have all the facts.
P.O. Box 3045
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