HANFORD, Calif. — The Kings County district attorney's office will retry Booker T. Hillery Jr. for the murder of a Hanford area teen-ager 24 years ago, it was disclosed by Dist. Atty. Robert Maline.
A murder charge will be filed today, and Hillery should be driven from the state medical prison at Vacaville for arraignment in Municipal Court on Monday, Maline said.
Hillery twice was sentenced to die for killing Marlene Miller, 15, with a scissors and dumping her body in an irrigation canal behind her house in March, 1962. Both death sentences were overturned, however, and Hillery's conviction and subsequent life term were struck down in January by the U. S. Supreme Court.
The court cited a century-old rule that criminals must be retried if members of their own race were excluded from grand juries that bring criminal indictments, as they were in Hillery's case.