Hands Off Cain

the Missouri Supreme Court ordered new penalty phase

the Missouri Supreme Court ordered new penalty phase trials for 2 death row inmates after the U.S. Supreme Court said jurors could have been prejudiced by seeing the defendants in shackles.

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the Missouri Supreme Court ordered new penalty phase trials for 2 death row inmates after the U.S. Supreme Court said jurors could have been prejudiced by seeing the defendants in shackles.
The court remanded Carmen L. Deck back to Jefferson County and Donald Joe Hall back to Greene County for new penalty trials.
A jury in 1998 convicted Deck of 1st-degree murder in the 1996 robbery and killings of James Long, 69, and his wife, Zelma Long, 67. The jurors later sentenced Deck to death.
The state Supreme Court later upheld the conviction but overturned the penalty, requiring a new penalty phase. During the new penalty phase, court officials required Deck to wear arm and
leg restraints and a belly chain in full view of the jury. The court justified the restraints by saying Deck was a convicted criminal and possibly a risk.
His defense attorneys objected, saying the restraints would make jurors assume Deck was an extremely violent man and would influence their decision of whether to sentence him to death or prison. The objection was overruled.
But in May, the U.S. Supreme Court, in a 7-2 decision, said the restraints were unconstitutional because the lower court hadn't shown adequate evidence that Deck was a security risk and needed the restraints.
The state Supreme Court also set aside the death sentence for Hall, who was convicted of the 1992 murder of Bill White, a jewelry store owner.
The court upheld Hall's conviction and sentence in 1998, overruling Hall's complaints that he too was forced to wear visible restraints during his sentencing trial.
SOURCES
  • (Sources: Associated Press, 30/08/2005)