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.
June 27, 1998 |
A federal appeals court Friday granted a new hearing to condemned triple murderer Horace Kelly, casting further doubt on his July 7 execution date. The U.S. 9th Circuit Court of Appeals said a majority of its 21 active judges had voted to refer Kelly's case to an 11-judge panel for a rehearing, at a date not yet scheduled. The panel is to decide whether deadline provisions in a new federal law bar Kelly from appealing his convictions and two death sentences in federal court.
May 9, 1998 |
Triple murderer Horace Kelly has two execution dates but no clear indication that he will actually be consigned to California's death chamber. On Friday, a judge in Riverside County, where Kelly shot an 11-year-old boy between the eyes, set a July 7 execution date. Previously, a judge in San Bernardino County, where Kelly's two other victims were killed, set a date of June 9.