June 2005 Executions

Two killers were executed in June 2005. They had murdered at least 2 people.
killers were given a stay in June 2005. They have murdered at least 7 people.

Date of scheduled execution State Victim name Inmate name Status
June 2, 2005 Alabama Jerry Haney, 33 Jerry Henderson executed

The Alabama Supreme Court has set a June 2 execution date for Jerry Paul Henderson, convicted in a 1984 murder-for-hire killing in Talladega. A court spokesman announced Tuesday that Henderson had been given a date to be executed by lethal injection at Holman prison near Atmore. Henderson, now 58, was convicted of capital murder in the 1984 shooting death of his sister-in-law’s husband, Jerry Haney, 33. According to court records, after a fight with her husband Judy Haney, told her sister, Martha Henderson, and the sister’s husband, Jerry Paul Henderson, that she would give them all the money she had if they would make sure Jerry Haney wouldn’t bother her anymore. Henderson was accused of shooting Jerry Haney to death on Jan. 1. He and Judy Haney were arrested more than three years later when Martha Henderson agreed to wear a wire and get her husband to talk about the murder. Judy Haney was also convicted of capital murder and sentenced to death, but her sentence was reduced in 1997 to life in prison without parole under an agreement with state prosecutors and the family of the victim. Her brother-in-law remained on death row, where his lengthy appeals have included claims of ineffectiveness of counsel and mitigating circumstances not being brought out at his trial. For the victim’s family, it has been a 21-year wait for closure. Haney, a father of two children, had seven sisters and three brothers. "I wish my dad would have lived to see it," said Donald Haney, 57, of Talladega, one of the victim’s brothers and a former police officer who had worked on solving the slaying. Another brother, Talladega Police Lt. Billy Haney, 50, said he plans to witness the execution to represent the family, going not out of revenge, but "just a matter of seeing justice come out." "It restores some bit of faith in the judicial system that I’ve worked for so many years. As far as closure and the loss of my brother, it won’t change anything," Billy Haney said. "This is going to be as touching a moment as the trial itself." The officer said his brother was a person with strong moral values who "provided well for his family." UPDATE: At 6:24 p.m. Thursday, the state of Alabama executed Jerry Paul Henderson, 58, formerly of Calhoun, Ga., by means of lethal injection at Holman Prison in Atmore for a crime committed more than two decades ago. According to the Associated Press, Henderson’s last words reflected that he was "very sorry for the pain I’ve caused." Henderson was convicted and sentenced to death for the New Year’s Day 1984 murder of his sister-in-law’s husband, Jerry Haney. Haney’s wife, Judy Haney, paid Henderson $3,000 for the murder. Judy Haney was also convicted of capital murder and sentenced to death, but her sentence was later reduced to life in prison without the possibility of parole. Former Talladega County District Attorney Robert Rumsey prosecuted Henderson, and characterized Haney’s murder as "almost perfect." The Hendersons threw a party that New Year’s Eve at their home in Georgia. Excusing himself from his guests, Henderson said he was not feeling well and went to lie down in a back bedroom. He then climbed out his bedroom window and drove to Haney’s residence in Talladega. According to court documents, Henderson "lured Haney to his front porch and shot (him) with a shotgun." After knocking on the door, Henderson told Haney he was bringing his wife and children back from Georgia, but they had run out of gas. When Haney came out of the house, Henderson opened fire. The first shot struck Haney in the chest, but was not fatal. A second shot merely grazed his ear. According to court documents, Haney made it to the back porch before collapsing and begging for his life. "Henderson responded to this plea for mercy by putting the shotgun a few inches from Haney’s face and firing a third time. This shot blew Haney’s lips and teeth off and went into his skull, ending his life," according to documents submitted by the state Attorney General’s Office requesting an execution date. After taking $80 from Haney, Henderson returned home, climbed back into his home through his bedroom window, and rejoined his party guests. It would be more than three years before Haney’s murder was solved and Henderson was arrested. In spite of the long investigation and the alibi created by the party guests, Rumsey said investigators had strong suspicions from the beginning. "After the killing, Henderson stopped at a restaurant in Oxford and called his wife and Judy Haney back in Georgia to let them know he had carried out the plan. He put money in the pay phone, but when the 3 minutes ran out, he didn’t have any more change. So they got the number of the pay phone and called him back." The call showed up in the couple’s phone records. "So we knew that someone had made a long distance call to a pay phone within just a few minutes after the killing," Rumsey said. "Then, later on, we told Henderson we were coming to examine his shotgun to see if we could match it to the shooting. Of course, you can’t really do that with a shotgun, but apparently he didn’t know that." Shortly before investigators arrived in Georgia, Henderson said his shotgun had been stolen from his truck. "But the glass on the truck window was broken out, not in," Rumsey said. "That confirmed our suspicions." The shotgun was later tossed into a river, and has never been recovered. Eventually, Henderson’s wife, Martha, confessed to her role in the plot, and agreed to wear a wire, which led to her husband’s arrest. According to court papers, Henderson confessed shortly after his arrest. Jerry Haney’s brother, Billy Haney, is a lieutenant in the Talladega Police Department. He had just ended his shift on the night his brother was murdered, and was the first officer on the scene. Judy Haney had called him at home and said she was concerned because she could not reach her husband by phone. Billy Haney attended Henderson’s execution, and was not available for comment Thursday night. When Henderson’s execution date was set in May, however, Billy Haney told The Daily Home "it took the justice system an awfully long time to come around, but that’s how it works. I still have every faith and confidence that the system works, but sometimes I wish it could be speeded up a little. I’ve lost both my parents and my sister since Jerry was killed. And Henderson got to live on this earth 21 years longer than my brother did. So there’s still some bitterness there." Billy Haney and one of his surviving brothers attended the execution. "It’s not a revenge venture, it’s just for peace of mind, for closure. I’m there to represent my family, especially my sister and my parents. It’s a ritual to bring us all some peace." One of the victim’s nephews also witnessed the execution, according to the Associated Press. Henderson stood trial in 1989, and was convicted of two counts of capital murder, being a murder for hire and murder during the course of a robbery. Rumsey said he was satisfied that justice was being done. "It is certainly sad, but this was gruesome, almost perfectly planned murder. It was solved thanks to excellent police work, and progressed through the state and federal systems just as it should. There is no issue as to his guilt." Assistant District Attorney Barry Matson said, "My heart goes out to the Haney family. Victims and their families live with the results of violent crimes their whole lives, and the Haneys will continue to live with what Henderson did. It’s not closure, I think that’s an overused word that should be retired. But I hope they do receive at least some sense of justice."

Date of scheduled execution State Victim name Inmate name Status
June 7, 2005 Texas Helen Joyce Oliveros Alexander Martinez executed

Alexander Martinez called Helen Joyce Oliveros, a prostitute, and made arrangements for her to meet him at his house on Aug. 12, 2001. Martinez told the victim on the phone that he would pay around $300 for her services. On arriving at Martinez’s house, Oliveros began discussing payment. Martinez argued about the amount and whether he was going to pay. When it became clear that Martinez either had no money or was not going to pay her, a then angry Oliveros stated that she was going to leave, and began packing her things. Martinez stuck a knife against her neck and pushed her back. He began to attempt to have sex with her while holding the knife against her neck. The victim kicked Martinez away but he managed to grab her and prevent her from leaving. He then sliced her throat, causing her death. Martinez took $150 from the victim. On August 23, 2001, Oliveros’ nude body was found stuffed inside two garbage bags in a Houston field. UPDATE: Condemned killer Alexander Martinez was executed Tuesday for the robbery and fatal stabbing of a prostitute at a Houston house almost four years ago. In a brief statement while strapped to the death chamber gurney, he thanked his family and friends and expressed his love for them. "And thanks for the friends at the Polunsky Unit that helped me get through this that didn’t agree with my decision and still gave me their friendship," he said. Martinez, who would have turned 29 next week, ordered no appeals filed that could stop his punishment. As the drugs began flowing, he gasped, coughed and let out a long wheeze. Eight minutes later at 6:18 p.m., he was pronounced dead. One of the tubes carrying the lethal drugs snaked around his right arm where there was a large tattoo of a woman with long flowing hair. Just beneath her image was a tombstone with a large dollar sign. In a handwritten statement he prepared about two hours before his death, Martinez acknowledged that "I have caused so much pain to so many people. I especially want to apologize to my victim’s family for the life I took. "I am only taking full responsibility for what I have done. I am truly sorry and, though some may not believe this, God only knows the truth and for that I know that’s all that matters. I am ashamed for what I’ve done!" His English-born wife by proxy and a sister-in-law were the only witnesses. His execution was the ninth this year in Texas, the nation’s leading capital punishment state. "I don’t like what I did," Martinez said in a recent death row interview. "I’m ashamed for what I did. I can say I’m sorry, but my actions mean so much more." Martinez was supposed to be put to death in March. That date was put off, however, when his lawyer filed an appeal in the state courts against Martinez’s wishes. "You should have heard him," attorney Pat McCann said. "He was furious." When the Texas Court of Criminal Appeals dismissed the appeal, it cleared the way for setting the punishment for Tuesday. At least two psychiatrists examined Martinez last year and determined he was mentally competent to make the decision. "I think he actually looks at this execution as peace if one can understand that," McCann said. "The system up there is so grim, some of them actually long for some kind of release." The eighth-grade dropout who said he never had a real job was out of prison in August 2001 only three weeks on an attempted murder conviction when he telephoned an escort service that doubled as a prostitution operation. With a promise she would be paid $300, Helen Oliveros, 45, showed up at the Houston house where Martinez was staying. "I didn’t have $300," he said. "She got real mad and we got into a fight. I stabbed her." Evidence showed he slit the woman’s throat with a knife, had sex with her and took about $150 from her. Then he folded her body into a trash bag and stuffed it in a closet. After a few days, he dumped the body in a nearby vacant field on Houston’s east side. He later attacked his stepmother, seriously injuring her by slashing her throat. When he told other relatives of that assault, they became afraid and called police. Prosecutors said he then confessed to the Oliveros slaying. Martinez had been in and out of jail and prison since he was 15, when he was first arrested for stealing cars. In August 1994 he was convicted of attempted murder in Houston for stabbing a worker at a pizza place and was sentenced to seven years. A year later he was paroled, then returned to prison the following year for violating parole. On July 20, 2001, Martinez was freed under mandatory supervision. Oliveros was killed 23 days later. Her name, along with the name of Martinez’s stepmother, are on tombstones among extensive tattoos on his arms. "He did it before the trial," said Marie Munier, a Harris County assistant district attorney who was among the prosecutors handling Martinez’s case. "One gave us the name of the complainant and said $300 and R.I.P. "He was really creepy."

Date of scheduled execution State Victim name Inmate name Status
June 7, 2005 Delaware Anne Marie Fahey Thomas Capano stayed

Anne Fahey smallA Superior Court judge Thursday set June 7 as the date convicted killer Thomas J. Capano will be executed for the 1996 murder of Anne Marie Fahey. The previous execution date was stayed because of Capano’s appeal, and it is unlikely the former prosecutor will be executed on the new date. "He has 30 days to file an appeal with the Delaware Supreme Court, and that’s what’s going to happen," said Capano’s attorney, Joseph M. Bernstein. "Just about any day he set within reason is academic." Earlier this month, Sussex County Resident Judge T. Henley Graves denied Capano’s motions for post-conviction relief, rejecting arguments that Capano had ineffective legal counsel at trial and that his death sentence should be set aside because of a recent U.S. Supreme Court ruling. Capano had argued that the Supreme Court’s ruling in Ring v. Arizona in 2002 required juries to unanimously recommend the death sentence. The jury in Capano’s case did not. "It is the sentence of this court that you shall be kept in the custody of the Department of Correction until… Tuesday, June 7, 2005, and on that day, between the hours of 12 a.m. and 3 a.m., you shall be… injected intravenously with a substance or substances in a lethal quantity sufficient to cause death until you are dead," Graves said Thursday. As Graves passed the sentence, Bernstein stood next to Capano, who has gained weight in prison. Capano’s feet were shackled and he wore an orange jumpsuit and had a white beard. For the most part, he only whispered to Bernstein. But when Graves denied Capano’s request to hear any future sentencings over Videophone, Capano blurted: "We did before." Graves explained that because of the magnitude of the death penalty, he felt it was important that he be present. "If this occurs again, I will expect sentencing to take place in open court, with the defendant present and counsel present," Graves said. Capano, who suffers from the stomach disorder colitis, has been requesting not to be present at his sentencings. "He has some fairly well-documented health problems," Bernstein said. "When you come up here… they get you up at four in the morning and you don’t eat. For somebody with health problems that’s difficult." Capano was convicted of the 1996 murder of Fahey, 30, who was the scheduling secretary for then-Gov. Tom Carper, now a U.S. senator. *There are still appeals pending in this case and the execution is not expected to take place on this date.

Date of scheduled execution State Victim name Inmate name Status
June 9, 2005 Nevada Brian Pierce, 25 Robert McConnell stayed

Bryan PierceA June 9 execution was scheduled Thursday by Nevada prison officials for Robert Lee McConnell, 33, sentenced to die for raping his ex-girlfriend and murdering her fiancÚ. The former Reno resident has said he won’t file any appeals or petitions that would automatically stop his execution by injection at the Nevada State Prison in Carson City. State Prisons Director Jackie Crawford scheduled the execution following a Washoe County District Court appearance last week by McConnell, who said he spoke with prosecutors and agreed that his execution in early June "would be fine." Pam McCoy, the mother of McConnell’s victim, Brian Pierce, attended Tuesday’s hearing and said she was glad to see the process moving forward. She said she has not decided whether she will attend the execution, but said, “I do support the death penalty.” McConnell pleaded guilty to shooting Brian Pierce, 25, 10 times with a handgun in August 2002 at the Sun Valley home that Pierce shared with a woman McConnell previously dated. After killing Pierce, McConnell hid the body in a back bedroom and waited for the woman to return from work, police said. He then raped her and forced her to drive to the San Francisco Bay area, where she escaped when they stopped at a service station. In July 2003, a Washoe County jury sentenced McConnell to death for the murder and to two life prison terms for the rape and kidnapping. He fired his court-appointed lawyers and represented himself during the sentencing proceedings – agreeing with a prosecutor who called him an evil man who deserved no mercy. During the penalty phase of the trial, jurors heard a taped phone call from McConnell to his father, in which McConnell said Pierce was reaching for a door and "I shot him 10 times before he hit the ground." Michael Pescetta, a federal public defender who specializes in death penalty cases, said his office has been in contact with McConnell, is aware of the death row inmate’s interests and isn’t sure if there will be an attempt to appeal over his wishes. A mandatory, automatic appeal to the state Supreme Court already has been rejected. If McConnell is executed, he’d become the 12th person to die in Nevada following the U.S. Supreme Court’s ruling in the 1970s that cleared the way for capital punishment to resume in this country. Ten of those who died in Nevada since then were, like McConnell, volunteers who declined to file further appeals that would have kept them alive. UPDATE: As he awaits his scheduled execution Thursday, Robert Lee McConnell says his only regret is that he killed his ex-girlfriend’s fiancÚ instead of the woman. "I wouldn’t play around and have feelings like I did the last time," the 33-year-old death row inmate told the Reno Gazette-Journal. "I wouldn’t let her get away. She would be tortured and killed." The former Reno car salesman has said he won’t file any appeals or petitions that would automatically stop his execution by injection at the Nevada State Prison in Carson City. McConnell pleaded guilty in Washoe County District Court to shooting Brian Pierce, 25, nine times with a handgun in August 2002 at the Sun Valley home that Pierce shared with the woman McConnell once dated. McConnell then waited for the woman to return from work, cut off her clothes with a knife, raped her and forced her to drive to San Mateo, Calif. She escaped when they stopped at a service station, and he was captured later in San Francisco. In a prison interview with the Gazette-Journal, McConnell says he plotted to kill Pierce and the woman after his 2001 arrest on suspicion of violating a temporary protective order the woman had sought. He was fired later from his $10,000-a-month sales job. "They ruined my livelihood," McConnell says. "So, you’re going to pay. I told them, `It may not be today, but when you least expect it.’ " But McConnell says he had second thoughts about killing the woman after she returned home that day. "I allowed my personal feelings from the past to come into play," he told the Gazette-Journal. "With Brian, it was business…. It was brutal. It was heinous. With her it was like, `I hate this person. I hate this person,’ but 30 minutes into it, it’s weird. I was like, `I don’t know if I’m going to be able to do this.’ " McConnell claims it was the woman’s fault that Pierce was killed. "She played both sides against the middle," he says. "The truth is, this guy got taken by her, too. "He was a cool guy. I will always maintain the apology I gave to Pierce’s mother. I’m sorry I took your son. I don’t think he deserved that. "The honest truth is, if I could take it back, I would kill her. Yes, I should have killed her and left him alone," he adds. In July 2003, a Washoe County jury sentenced McConnell to death for the murder and to two life prison terms for the rape and kidnapping. During the trial, McConnell said he believed in the death penalty. Now, he says he opposes capital punishment as state-sanctioned murder. But he gave his word to go ahead with the execution, he says, and plans to follow through. "No matter what I do I’m going to upset people on either side," McConnell says. "If I don’t go through with it, I upset (Pierce’s) family. If I do, my mother… loses a son." UPDATE: Death row inmate Robert Lee McConnell filed an 11th-hour appeal Thursday night that prevented his execution by lethal injection at Nevada State Prison. Officials said they had expected McConnell, 33, to file the petition, even though he declared at a Wednesday news conference that he was ready to die. "It certainly seems as though he was playing a game with the system," Deputy Attorney General Gerald Gardner said. A stay halting the execution was signed at 8:26 p.m. by Washoe County Judge Steve Kosach after McConnell exercised his right to an appeal. McConnell was sentenced to death for murdering his ex-girlfriend’s fiance in August 2002. He expressed regret for the murder but said he should have followed through with his plan to kill the woman who had ruined his life and "deserved to die." McConnell decided to petition after getting a final hug from his mother and stepfather, meeting with a Catholic priest and federal public defender and having a last meal of pepperoni pizza and cookies-and-cream ice cream. The former Reno car salesman told reporters he was guilty of murdering Brian Pierce, 25, and didn’t fear dying but also said he didn’t deserve to die for shooting Pierce. He called executions "state-sanctioned murder." McConnell also was convicted of raping the woman at the Sun Valley home she shared with Pierce. McConnell, raised in a broken home and in group homes, spent about three years in the California Youth Authority before his release at age 21. He said that background plus his bad temper and vindictiveness led to the events that put him on death row. McConnell pleaded guilty in Washoe County District Court to shooting Pierce nine times. Prosecutors said the final shot, to the head, was fired at such close range that it left burns on the victim. After the shooting, prosecutors said McConnell dragged the body to a back bedroom, tried to dig out some of the bullets that killed Pierce and then stabbed him with a steak knife and placed a tape of the movie "Fear" next to the knife that was buried to the hilt in the victim’s chest. According to court and police records, McConnell, dressed in black, then waited for the woman to return from work and attacked her. In July 2003, a Washoe County jury sentenced McConnell to death for the murder and to two life prison terms for the rape and kidnapping. He fired his court-appointed lawyers and represented himself during the sentencing proceedings agreeing with a prosecutor who called him an evil man who deserved no mercy. A mandatory, automatic appeal was later rejected by the state Supreme Court.

Date of scheduled execution State Victim name Inmate name Status
June 16, 2005 Pennsylvania Anthony Patrone
John Amato
Anthony Bonaventura, 27
unnamed man, 79
Joseph D’Amato stayed

Gov. Ed Rendell on Thursday signed an execution warrant for a Philadelphia man convicted of murder in 1983. Joseph Carmen D’Amato, 54, is scheduled to be executed by lethal injection on June 16 for the 1981 shooting death of Anthony Patrone. Authorities said D’Amato feared Patrone intended to betray him in an insurance fraud scheme. D’Amato is an inmate at the State Correctional Institution at Greene. On Feb. 9, 1983, Joseph D’Amato was convicted of one count of 1st-degree murder and sentenced to die for shooting Anthony Patrone on March 19, 1981 in Philadelphia, PA. Anthony was shot in the head, hand and chest. D’Amato was at large for 9 months after Anthony’s murder. D’Amato was formally sentenced to die on July 25, 1984. The state Supreme Court upheld the judgment on May 22, 1987 and petitions for post-conviction relief have been pending for over 10 years. D’Amato also killed three other people; John Amato who was shot to death in February of 1981, Anthony Bonaventura, 27, who was shot in the head in March 1981 and a 79 year old man. D’Amato received additional sentences of Life and 10-20 years in two of the cases and charges were never prosecuted in the last one. *There are still appeals pending in this case and the execution is not expected to take place on this date.

Date of scheduled execution State Victim name Inmate name Status
June 22, 2005 Indiana Gregg Winters Michael Lambert stayed

winters smallThe Indiana Supreme Court this week set a June 22 execution date for the convicted killer of a Muncie police officer. The execution order was issued Thursday, along with the Supreme Court’s rejection of Michael A. Lambert’s most recent bid to have his death sentence overturned. Attorneys in the case have said Lambert’s appeal options are dwindling. This week’s ruling was by a 3-2 vote, with the most recent appointees to the Supreme Court, Theodore Boehm and Robert Rucker, issuing dissenting opinions in which they suggested Lambert’s request for a new sentencing hearing should be granted. Lambert, now 34, would receive a lethal injection at the Indiana State Prison in Michigan City, where he has been held since being sentenced to death by Judge Robert Barnet Jr. in January 1992. Officer Winters, 32, was shot and killed at nearly 3:00 am by a prisoner he was transporting to jail after arresting him for public intoxication. Officer Winters had handcuffed Lambert and placed him in the rear seat of the cruiser. Approximately 1/8 mile from the jail, Lambert was able to pull out a.25 caliber semi automatic handgun he had concealed and shot Officer Winters in the back of the head and neck five times. Officer Winters is survived by his wife and two sons and had been with the Muncie Police Department for four years. The execution order specifies that Lambert should be put to death "before sunrise" on June 22. UPDATE: federal appeals court on Friday blocked the execution scheduled for next week of Michael Lambert for the shooting death of a Muncie police officer. The order by the 7th Circuit Court of Appeals in Chicago came as the Indiana Parole Board was hearing testimony on Lambert’s request that his life be spared. Steve Creason, a deputy state attorney general, said the order would delay the scheduled Wednesday execution of Lambert as the court wanted time to decide whether Lambert could proceed with a new appeal. He was condemned for the December 1990 death of Officer Greg Winters. Lambert’s attorney, Alan Freedman, asked the appeals court on Monday to reconsider the case, claiming that certain victim impact testimony may have flawed the jury’s recommendation for death. In a previous appeal, the Indiana Supreme Court agreed with Lambert that the jury should not have heard certain evidence about the impact that Winters’ death had on his family and co-workers. It said the testimony was irrelevant to the aggravating factor — that Winters was an officer killed in the line of duty — and should not have been admitted. But the high court exercised its authority to reweigh the sentence and concluded that aggravating factors outweighed mitigating ones, and affirmed the death sentence. It declined Lambert’s latest appeal on April 28 and set the execution date. Two justices dissented in that ruling, however, saying that jurors might not have recommended the death sentence had the erroneously introduced victim impact evidence been excluded. The parole board decided to continue to take testimony on Friday, but Chairman Ray Rizzo said the board would not make a clemency recommendation to Gov. Mitch Daniels pending the stay. The board had already heard from friends and relatives of Lambert, who said that he was deeply remorseful for killing Winters and that his execution would only bring more heartache to others. "It’s not going to heal your pain. It’s not going to take away suffering from the families. It is going to add," said Mary Ramsey, Lambert’s sister. Ramsey was among several people who said that Lambert, 34, had taken full responsibility for his actions and deeply regretted the pain he had inflicted on so many people. The fatal shooting of Winters happened after police officers arrested Lambert, who was then 20, for public intoxication, briefly patted him down and put him in the back seat of Winters’ cruiser. A few minutes later, two officers saw Winters’ car approaching when he suddenly slid off the road and into a ditch. Winters was shot five times to the back of his head and neck. Lambert told the parole board during a hearing Monday at the Indiana State Prison in Michigan City that he was so drunk at the time of the shooting he could only remember brief snippets of what happened. He said did not know what he had done until his mother told him the next day. He previously tried to claim there was another gunman involved, but Monday he accepted responsibility. Still, he said he wanted to live and try to make amends to his son and mother. UPDATE: The Indiana attorney general’s office filed new documents Monday in an effort to persuade the U.S. Supreme Court to reverse the postponement of Michael Allen Lambert’s execution. "The right courts have already decided that (death) is the appropriate sentence," Deputy Attorney General Stephen Creason said. The attorney general’s office appealed to the Supreme Court on Friday after the 7th U.S. Circuit Court of Appeals in Chicago granted a stay. Lambert, 34, convicted of the 1990 murder of Muncie Police Officer Gregg Winters, had been scheduled for execution at 12:01 a.m. Wednesday. Defense attorneys said Lambert was placed on Death Row by judges, not a jury. That’s forbidden under today’s death penalty rules. Lambert’s lawyer, Alan Freedman, said Lambert deserves a chance to argue his case. "We may ultimately lose and Michael may be put to death," Freedman said, "but when a conservative court like the 7th Circuit says, ‘Time out; we want to consider this,’ they should be listened to."

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