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WASHINGTON (AP) The Supreme Court signaled Tuesday more interest in how
the death penalty is carried out, even though the justices are shying away from the kinds of tough questions they have dealt with in several recent rulings.
The high court this summer abolished the death penalty for the mentally
retarded and struck down capital punishment laws in several states.
The court has four death row cases to consider when it opens a new term next
week. All focus on the mechanics of imposing the death penalty, not major
constitutional issues.
Justices added the fourth case Tuesday, involving a man convicted of killing
his girlfriend and her son. The court also said it would look at a mob
murder appeal that could affect death cases.
The court, in announcing new cases to be heard, dodged one that asked
whether it is unconstitutional to put to death juvenile killers.
Three
justices said over the summer they want the court to review that subject.
The term promises to be less dramatic than last year's, when justices
declared it unconstitutional to execute mentally retarded murderers and said
that juries -- not judges -- must decide issues that determine if a
particular case warrants the death penalty.
"Now the fights are on the margins, not at the heart of the death penalty,"
said Thomas Goldstein, who represents a death row inmate whose separate case
will be heard by the court next month.
"There are no blockbusters," said Kent Scheidegger, of the pro-death penalty
Criminal Justice Legal Foundation.
In the death penalty case chosen Tuesday, justices said they will consider
whether Robert Frederick Garceau -- and potentially more defendants in
western states -- falls under a law that limits appeals. Garceau had filed
some paperwork before the law took effect in 1996, and a federal appeals
court said he was exempt from it.
Garceau was convicted of stabbing his girlfriend and her 14-year-old son in
1984 and burying their bodies in the backyard of one of his drug dealing
partners. He was later convicted in the murder of that partner as well.
Accomplices said he feared his girlfriend was going to tell police about his
narcotics operation.
The San Francisco-based 9th U.S. Circuit Court of Appeals, which covers nine
western states, overturned his conviction and death sentence.
Separately, the Supreme Court agreed to reconsider rules for defendants in
federal court who want to claim that their original lawyers performed
poorly. The case would affect federal death row prisoners, who typically
begin a second round of appeals once their direct appeals are exhausted.
The court will consider the case of Joseph Massaro, whom prosecutors
describe as a "soldier" in the Luchese organized crime family who controlled
an extortion ring involving Long Island topless bars, gambling and
loansharking.
Massaro was sentenced to life in prison for the 1990 killing of a mob
partner in a dispute over gambling profits. Prosecutors introduced new
evidence three days into the trial. On appeal, Massaro's new lawyer
unsuccessfully claimed that that the evidence -- a bullet -- should not have
been allowed.
The 2nd U.S. Circuit Court of Appeals ruled that Massaro had lost his chance
to lodge new arguments about the effectiveness of his first lawyer. Other
federal appeals courts have decided similar cases differently.
The Supreme Court could decide later to hear the case of a Kentucky man
sentenced to death for abducting, sodomizing and killing a gas station
attendant when he was 17. The case is one of several involving juvenile
murderers pending at the court.
"It is still a year to watch the court closely," said Steven Hawkins,
executive director of the National Coalition to Abolish the Death Penalty.
The other death cases to be argued at the court this fall involve:
--Racial discrimination in the selection of a jury in a Texas capital case.
--Whether it was double jeopardy for a Pennsylvania defendant to get a death
sentence in a second trial, after a court threw out the life sentence he got
in his first trial.
--If it's too late for a Tennessee death row inmate to pursue appeals on new
developments.
The cases accepted Tuesday are Woodford v. Garceau, 01-1862, and Massaro v.
United States, 01-1559.
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