the U.S. 9th Circuit Court of Appeals reversed the murder conviction of Benjamin W. Silva, 52...

the U.S. 9th Circuit Court of Appeals reversed the murder conviction of Benjamin W. Silva, 52, who has been on death row since 1982, ruling that prosecutors violated his rights by failing to reveal a deal they had made with the key witness.
The appeals court had overturned Silva's death sentence on Feb. 2, 2002 (see), stating that his attorney provided constitutionally deficient representation at the penalty phase of the trial.
The 3-judge panel, which sits in San Francisco, wrote: "The evidence in this case leaves no doubt that Silva was involved in the sordid conduct that led to the deaths of Kevin Thorpe and Laura Craig".
In January 1981 Silva, Thomas and Joe Shelton used a red light to simulate a police car and stop Thorpe, 21, and Craig, 20, on U.S. Highway 395.
A few weeks after being found in possession of a firearm - a violation of his probation - Thomas told police about the slayings. In exchange for the evidence he provided, murder charges were dropped and Thomas received an 11-year sentence. Shelton was convicted of killing Thorpe and Craig and received a life sentence.
Silva was convicted of killing Thorpe, but acquitted of Craig's killing.
"Unfortunately," the 9th Circuit said Tuesday, "the reliability of the jury's verdict as to Silva's role as the triggerman in Thorpe's murder was compromised by the Lassen County district attorney's unscrupulous decision to keep secret the deal he made to prevent an evaluation of the competence of the state's star witness."