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‘But the Judges Have Changed’ [By James Kilpatrick] Seventeen years have passed since Jeffrey Landrigan murdered Chester Dean Dyer, but the story won’t go away. Now the record is resting in the U.S. Supreme Court on Arizona’s appeal from a regrettable decision in the 9th Circuit. It’s time to mark this case closed.
The sordid facts are of little interest in
and his family history of violence.” Landrigan
a high point with two convictions for murder.
themselves, but the developing law on
was entitled to the testimony of a medical
Justice John Paul Stevens spoke for five
capital punishment — especially in view of
expert who would assist “in establishing
justices in ruling that Williams’ counsel had
the changed membership on the high court
mitigating evidence regarding the effects of
failed to develop evidence in mitigation, e.g.,
— merits your attention. The times, they
drug and alcohol use on a developing fetus.”
that Williams had been neglected as a child.
are a-changing.
The defendant’s trial counsel had failed
In the case at hand, the record begins
to develop evidence regarding “criminal
In the case of Kevin Wiggins, convicted in
psychobiology and congenital determinants.”
Maryland of drowning an old woman in
in the late 1970s, when Landrigan was
her bathtub, Justice Sandra Day O’Connor
working and thieving in Oklahoma. In
Moreover, defense counsel could have
spoke for a 7-2 court in vacating his death
1982 he murdered Greg Brown, whom
informed the sentencing judge of Landrigan’s
sentence: Defense counsel had failed to offer
he called his “best friend,” and began
“tortured family history.” His birth parents
evidence of the lad’s “limited intellectual
a 40-year sentence in prison. While in
were “troubled individuals who abused
capacity and childlike emotional state.”
prison he nearly killed another inmate: “I
drugs and alcohol.” His birth mother had
stabbed him 14 times.” On Nov. 10, 1989,
abandoned him. His adoptive mother was an
In the case of Ronald Rompilla, convicted
he escaped and fled to Phoenix. Three days
alcoholic who at times consumed a fifth of
of murder in Allentown, Pa., in 1988,
later he fell in with Chester Dyer. Hard luck
vodka or more a day until she passed out.
Justice David Souter spoke for a 5-4 court
for Dyer. Landrigan strangled him, stabbed
She once hit the boy with a frying pan. And so
in remanding the case. The defendant had
him repeatedly, and left his mutilated body
on. Landrigan had alleged facts that, if true,
a “troubled childhood” that should have
on the bed they had occupied.
presented a colorable claim of ineffective
been explored.
assistance of counsel. Landrigan was soon caught. A state jury
Since the Rompilla case in June 2005,
convicted him of first degree murder. After
I read the record quite differently. I would
John Roberts has become chief justice,
Arizona courts affirmed the conviction and
have ruled that defense counsel did all that
and Samuel Alito has succeeded Justice
sentence, Landrigan went into federal court
reasonably could have been done on behalf
O’Connor. As Justice Hugo Black once
on habeas corpus. He lost before District
of an impossibly recalcitrant client. It was a
presciently remarked, in the context of the
Judge Roslyn O. Silver but won a split decision
bum rap on lawyer Farrell.
high court’s decisions on school segregation,
on appeal to the 9th Circuit. There Judge
“No, Mr. Sevareid, the law hadn’t changed,
Michael Hawkins spoke for the majority in
But ne’m mind. The Supreme Court has
but the judges had changed.” And yes,
concluding that the defendant’s counsel,
decided three relevant cases over the past
ma’am, when the judges are changed, it do
Dennis Farrell, had failed to defend him
six years. These were Williams in 2000,
make a difference.
adequately. The defendant therefore deserved
Wiggins in 2003 and Rompilla in 2005. All
a fresh hearing on unheard evidence that
three of them turned significantly on a
(Letters to Mr. Kilpatrick should be sent by
might have led to a lesser sentence.
murderer’s plea that his lawyers had done
e-mail to kilpatjj@aol.com.)
him wrong. If only they had developed his Specifically, Judge Hawkins ruled that
history of a Dickensian childhood.
Farrell should have dwelled upon such factors as these: “his biological mother’s use
In the case of Terry Williams, the high court
of drugs and alcohol during gestation, his
split 5-4 in ordering a new hearing for a man
adoptive mother’s alcoholism and its adverse
sentenced to death in Virginia for a criminal
effect on Landrigan’s upbringing, and
career that began with violent assault, moved
information regarding his biological father
on to burglary and armed robbery, and reached
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