May 6, 1998 |
Testimony in the sanity hearing of triple murderer Horace Kelly took a dramatic turn Tuesday when a court-appointed psychiatrist said the inmate knows he is under sentence of death and why. "My opinion is that he is aware of his impending execution," Dr. Diane McEwen said. "He is aware of why he's been sentenced." McEwen is the first witness to answer "yes" to both those questions--key issues in determining whether Kelly is mentally fit to be executed.
June 4, 1998 |
A Los Angeles federal judge on Wednesday stayed the execution of convicted triple-murderer Horace Kelly, a day after he was denied a hearing by the California Supreme Court. The order by Chief U.S. District Judge Terry J. Hatter Jr. opens the door for Kelly's defense lawyers to challenge the fairness of his state court trials and renew their claims that he should not be put to death because he is insane. State prosecutors immediately appealed Hatter's order to the U.S.
June 3, 1998 |
The state Supreme Court refused Tuesday to block Horace Kelly's execution next week or to review a jury's conclusion that he is sane enough to be put to death for three Southern California murders. By a 5-2 vote, without comment, the court denied a hearing on claims by Kelly's lawyer of numerous legal errors and irregularities in the sanity trial, the first proceeding in a California court since 1950 to consider whether a prisoner was too insane to be executed.
May 7, 1998 |
Prosecutors in the sanity hearing of triple murderer Horace Kelly continued to try to make their case Wednesday that he has some inkling of his fate. San Quentin State Prison Lt. John McAuliffe testified that after Kelly was told that he was to be executed, he talked about being in "real trouble." Kelly, 38, was scheduled to be executed April 14 for killing three people in San Bernardino and Riverside counties in 1984. But a pre-execution report raised doubts about his sanity.
May 30, 1998 |
A Marin County judge ruled Friday that triple murderer Horace Kelly cannot appeal the verdict in his recent sanity trial and has no right to a new trial. Kelly--who is scheduled to die June 9 by lethal injection--was found mentally competent for execution this month in a unusual jury trial. Superior Court Judge William McGivern said the sanity verdict is "not appealable, and, if it is not appealable, the remedy of a new trial is not available."
June 5, 1998 |
A day after triple-murderer Horace Kelly's execution was blocked by a federal judge, Atty. Gen. Dan Lungren's office said Thursday that it would not seek Kelly's death Tuesday, as scheduled, but would aim for a July 7 execution. Last month, in the first such trial in California since 1950, a Marin County jury found Kelly sane enough to be executed. But on Wednesday, U.S.