Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·SEPTEMBER 10, 2001

In Cincinnati, a federal appeals court postponed until Sept

In Cincinnati, a federal appeals court postponed until Sept

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In Cincinnati, a federal appeals court postponed until Sept. 18 John W. Byrd Jr.'s execution that had been scheduled for September 12, to give the court additional time to study the case. A 3-judge panel of the 6th U.S. Circuit Court of Appeals denied Byrd's requests to both re-examine his case and stop the execution, but a member of the panel asked for more time for the full 6th Circuit to study the case. Gov. Bob Taft denied Byrd clemency. Byrd, who claims he is innocent, chose electrocution over lethal injection because he wants to make it as difficult as possible for the state to execute him and as a protest against the death penalty. The electric chair has not been used since 1963. Byrd, 37, was convicted of murder of Monte Tewksbury during a 1983 robbery. Byrd has acknowledged he took part in the robbery but claims an accomplice, John Brewer, stabbed Tewksbury. Brewer admitted the slaying in a 1989 affidavit, which prosecutors say is false. Sixth Circuit Judge Nathaniel R. Jones said he wanted the court to have more time to look at the merits of Byrd's appeal.
SOURCES
  • (Sources: Cincinnati Enquirer and Associated Press, 10/09/2001)