home *** CD-ROM | disk | FTP | other *** search
- <text id=93TT2446>
- <title>
- Feb. 08, 1993: Tightening Noose
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Feb. 08, 1993 Cyberpunk
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- THE WEEK
- SOCIETY, Page 23
- Tightening Noose
- </hdr>
- <body>
- <p>The court limits death-row appeals based on late claims of
- innocence
- </p>
- <p> Clearing the legal obstacles blocking the way to the execution
- chamber has been one of the top priorities of the current U.S.
- Supreme Court. In its latest move to end sometimes seemingly
- endless death-row litigation, the court ruled 6 to 3 that a
- convict who offers last-minute evidence of innocence, after
- already exhausting appeals, has no automatic right to a federal
- hearing before being executed.
- </p>
- <p> The decision, written by Chief Justice William Rehnquist,
- conceded "for the sake of argument" that a "truly persuasive
- demonstration" of innocence might warrant federal review, but
- Leonel Torres Herrera did not meet even that hypothetical test.
- In 1982 he was convicted--on the basis of eyewitness testimony
- and other evidence--of shooting a Texas police officer. The
- court ruled that Herrera could not reopen his case years later
- by producing statements from four people who said his brother
- was the actual killer. The brother could hardly dispute the
- claim, since he died in 1984. In a dissent, Justice Harry
- Blackmun argued that strong late claims of innocence must be
- heard. "The execution of a person who can show that he is
- innocent comes perilously close to simple murder," he declared.
- </p>
-
- </body>
- </article>
- </text>
-
-