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: Legal Pad | LA

CA high court dismisses death sentence, finds DAs withheld evidence

By Jason Siegel

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The California Supreme Court unanimously dismissed a death sentence on Monday after finding that prosecutors withheld evidence, The Recorder reported. (In re Miranda)

The prosecutors in the 1982 case include L.A. Superior Court Judge Lance Ito, O.C. Superior Court Judge Frederick Horn and assistant Los Angeles Dist. Atty. Curtis Hazell.

The Supreme Court ruled that the prosecutors probably affected the outcome of Adam Miranda's case by not telling defense lawyers that five witnesses believed another man, Joe Saucedo, was guilty of the stabbing death Robert Hosey in 1980. One witness claimed Saucedo confessed to the murder while they were in jail.

Prosecutors had sought a sentence to kill Miranda, while he was being tried for the separate murder of Gary Black. Miranda will now serve life in prison.

The District Attorney's Office won't decide whether to retry the penalty phase of the case for at least 60 days, a spokesperson told the Los Angeles Times.

Anti-death penalty lawyer George Hedges, who took over the case two decades after Miranda's conviction, gained access to the D.A.'s files after a two-year fight in federal court, reported the Times.

Full post as published by Legal Pad | LA on May 07, 2008 (boomark / email).

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