wow! if any news story was made for the different attitudes on this board, this is it!
Death sentence tossed out over Bible
Friday, May 23, 2003 Posted: 4:33 PM EDT (2033 GMT)
BRIGHTON, Colorado (AP) -- A judge threw out a convicted killer's death sentence Friday, saying the jury improperly relied on the Bible to reach its decision.
Judge John Vigil ordered a new sentencing hearing for Robert Harlan, who was convicted in 1995 of kidnapping, raping and murdering Rhonda Maloney, 25. He also shot a passer-by who tried to help, leaving her paralyzed.
"If any case merits the death penalty, there cannot be serious debate about this case being that case," Vigil wrote. "The death penalty, however, must be imposed in a constitutional manner ... Jury resort to biblical code has no place in a constitutional death penalty proceeding."
Defense attorneys had argued the use of religious works during jury deliberations is improper because the works are not Colorado law. Prosecutors said the use of biblical passages could not have influenced the verdict.
Vigil said the sequestered jury read and discussed biblical passages on punishment in the deliberation room "for the purpose of guiding and directing certain jurors to a particular verdict."
"The jurors' reliance on the specific biblical passages cannot be considered benign," he wrote.
Vigil referred to juror Lana Eaton-Ochoa, who read and wrote down the citation to Romans 13:1, which says "let every soul be subject to the governing authorities for there is no authority except from God."
"This and other passages the jurors considered do more than simply encourage jurors to follow the instructions of the court. The passages mandate that death be the penalty for murder," he said.
Eaton-Ochoa testified that she reads the Bible for comfort and wisdom.
The judge criticized court officials for failing to make sure jurors were not exposed to outside influences. "The jury supervision performed in this case was extremely negligent and appallingly lax," he wrote.
