USA - Louisiana. U.S. District Judge James Brady throws out death sentence of Todd Wessinger

U.S. District Judge James Brady throws out death sentence of Todd Wessinger, 47, Black, because his attorneys were deficient at the 1997 penalty phase of his capital murder trial. U.S. District Judge James Brady's 15-page decision did not disturb Wessingger's 1st-degree murder convictions for the Nov. 19, 1995, shooting deaths of Stephanie Guzzardo, 27, and David Breakwell, 46, restaurant employees. Wessinger's new attorneys contend the jury never heard about what they have described as Wessinger's significant neurological problems as well as compelling family issues such as poverty, abuse, violence and alcoholism. "This Court finds there is a reasonable probability that the evidence of Petitioner's brain damage and other impairments, as well as his personal and family history would have swayed at least one juror to choose a life sentence," Brady wrote. Wessinger, a former dishwasher at the restaurant he robbed, shot a 3rd employee in the back, who survived. His gun jammed when he tried to shoot a 4th worker in the head.