WASHINGTON

HIGH COURT: INMATE’S RELIGIOUS CONVERSION CONSIDERED AT TRIAL

The Supreme Court ruled yesterday that a jury which sentenced a convicted killer to death had properly taken into account his religious conversion, even though a prosecutor incorrectly argued it was irrelevant. In a 5-3 ruling, justices reversed a lower court that ordered a new trial for William Payton. While a California prosecutor was wrong to make that assertion, the errors did not make a difference in sentencing because jurors had heard testimony from other witnesses attesting to Payton’s religious conversion, they said.

“Testimony about a religious conversion spanning one year and nine months may well have been considered altogether insignificant in light of the brutality of the crimes, the prior offenses, and a proclivity for committing violent acts against women,” Justice Kennedy wrote for the majority.

In a dissent, Justice Souter argued that Payton deserved a new trial because of the prosecutor’s repeated misstatements, which the trial judge did not correct in a jury instruction. “The trial judge utterly failed to correct these repeated misstatements or in any other way to honor his duty to give the jury an accurate definition of legitimate mitigation,” Justice Souter wrote. He was joined by Justices Stevens and Ginsburg.

– Associated Press

SOUTH

BAIL DENIED FOR SUSPECT IN GIRL’S DEATH

LECANTO, Fla. – The man accused of kidnapping, sexually assaulting, and killing 9-year-old Jessica Marie Lunsford was denied bail yesterday on murder and other charges, beginning a legal process that the girl’s father wants to see end with a death sentence.

John Evander Couey, 46, a convicted sex offender who sheriff’s officers say confessed to taking Jessica from her home and killing her, had his first court appearance on charges of capital murder, battery, kidnapping, and sexual battery on a child under the age of 12. “This is an infamous case here,” Citrus County judge, Mark Yerman, told Mr. Couey during the brief hearing. “The acts you are accused of and the crimes you confessed to are really beyond words.”

The shackled defendant, looking tired and downtrodden, answered a few questions, telling the judge he needed an attorney and had no assets. Citrus County sheriff, Jeff Dawsy, said he will urge prosecutors to seek the death penalty.

– Associated Press

JURORS QUESTION DRIVER’S ROLE IN DEATHS OF 19 ILLEGAL IMMIGRANTS

HOUSTON – Jurors deliberating in the trial of a truck driver facing the death penalty for his role in the deaths of 19 illegal immigrants asked the judge yesterday if they needed to decide whether the man intended to harm or endanger the victims during the smuggling attempt. U.S. District Judge Vanessa Gilmore responded that jurors needed only to decide whether Tyrone Williams caused the immigrants to be placed in harm’s way, regardless of his intentions. The jurors have been deliberating since Monday morning.

Mr. Williams faces 58 counts of conspiracy, harboring, and transporting immigrants. He is accused of ignoring the cries of more than 70 immigrants packed inside the stifling, airtight trailer he was using to transport them through south Texas in May 2003. Seventeen people died inside the trailer; two others died later.

– Associated Press

WEST

COMEDIAN RECOUNTS CALL FROM JACKSON ACCUSER’S MOTHER

A comedian who gave $20,000 to the family of the boy now accusing Michael Jackson of molestation testified yesterday that she received a tearful phone call from the boy’s mother that led her to believe the family was being held against its will.

Comedian Louise Palanker said she tried to get in touch with the mother after seeing the TV documentary “Living With Michael Jackson,” in which Mr. Jackson and his accuser held hands and Mr. Jackson acknowledged letting children sleep in his bed. Ms. Palanker was called by the prosecution to support the charge that Mr. Jackson conspired to hold the family captive after the documentary aired on February 6, 2003, in order to get them to make a rebuttal video praising Mr. Jackson.

On the witness stand, Ms. Palanker said that soon after she left a message with the boy’s grandparents, the mother called her and sounded frightened.

“She was extremely agitated and she was almost whispering. … This was fear based agitation,” Ms. Palanker said. The mother told her not to call her back at the same number, the witness said. Ms. Palanker quoted the mother as saying: “Don’t call me back here. They’re listening to everything I say. These people are evil.”

– Associated Press