A federal appeals court on Friday overturned a death sentence against a Nevada man convicted of killing two young girls a quarter-century ago, because the prosecutor made false statements to scare jurors into believing only execution would keep the killer off the streets.
The U.S. 9th Circuit Court of Appeals ordered Nevada authorities to remove Ricky David Sechrest from death row pending possible further appeals and resentencing.
Maggie Schindler, 10 -- whom the court opinion refers to as Maggie Weaver -- and Carly Villa, 9, were kidnapped from an ice-skating rink in Reno in May 1983, and their bodies were found in Logomarsino Canyon east of Reno a few weeks later.
Later that year, Sechrest, then 22, was convicted of kidnapping and murder and sentenced to death.
The three-judge panel of the appeals court, vacating the death penalty, cited prosecutorial misconduct and ineffective legal counsel for Sechrest.
"A prosecutor's misleading and inflammatory arguments may violate a defendant's due process right to a fair trial," said the opinion, written by Circuit Judge Harry Pregerson.