Capital cases must weigh war trauma

originally published:
30th November 2009

A death penalty lawyer’s failure to present evidence of the trauma his client suffered in combat in the Korean War requires a new sentencing hearing, the Supreme Court ruled unanimously on Monday.

The decision makes clear that lawyers for clients facing the death penalty must present evidence of post-traumatic stress disorder resulting from military service if it is available.

The unsigned 15-page decision displayed unusual solicitude for a death-row inmate, noting that “our nation has a long tradition of according leniency to veterans in recognition of their service, especially for those who fought on the front lines.”

The defendant, George Porter Jr., was convicted in 1987 of murdering his former girlfriend, Evelyn Williams, and her boyfriend, Walter Burrows, in Melbourne, Fla., the previous year. Mr. Porter represented himself for part of his trial and then decided to plead guilty.

He turned to a court-appointed lawyer, Sam Bardwell, to represent him in the sentencing hearing. Mr. Bardwell, who had never represented a defendant in a capital sentencing proceeding, did not interview any of his client’s relatives and did not obtain any school, medical or military service records. He presented only one witness, Mr. Porter’s ex-wife.

Read full article >

Posted by Alison Leslie on 01/12/2009. Filed under Capital Punishment. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry