Legal Commentary

Fed. Judge Overturns Wyoming Death Sentence - New Trial Ordered

By Jeralyn

U.S. District Court Judge Clarence Brimmer in Wyoming has overturned a state death sentence and ordered a new trial for inmate James Harlow who was convicted of murdering a prison guard in 1997. Among the myriad of reasons:

In a 230-page ruling, Brimmer stated that Harlow was denied a fair trial in state court because conflicts between his original lawyer, Keith Goody, and the former state public defender Sylvia Hackl. The judge said that Goody was made to fear he would be fired for doing his job and insisting on more resources to defend Harlow.

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The judge also ruled that the state Public Defender's Office failed to give Harlow's team enough money to investigate the circumstances of the case. Brimmer ruled that state prosecutors in Harlow's state case improperly withheld information from Harlow's defense team about the other prison inmates who testified against him at trial.

And Brimmer found that that Judge Kenneth Stebner, who presided over Harlow's original trial, provided "defective instructions setting forth the death penalty sentencing mechanics" in Harlow's case. Brimmer ruled that Stebner refused to allow Harlow's lawyers to question potential jurors adequately about their feelings about the death penalty and other issues.

Wyoming state courts had upheld the conviction. In 2005, Brimmer appointed Sean D. O'Brien of Kansas City, Mo. and Terry Harris of Cheyenne to represent him. They did a great job.

Full post as published by TalkLeft on February 16, 2008 (boomark / email).