novapsyche (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
novapsyche) wrote2004-11-18 12:23 pm
novapsyche) wrote2004-11-18 12:23 pm
Yay for the Constitution!
Ky. Court Overturns Sniper Conviction
The Kentucky Supreme Court on Thursday overturned a murder conviction in the 1994 sniper death of a University of Kentucky athlete, saying the prosecutor committed a "flagrant" violation of the U.S. Constitution.
The court ordered a new trial for Shane Ragland, who was sentenced to 30 years in prison in 2002 in the killing of football player Trent DiGiuro.
The 4-3 ruling issued Thursday faulted prosecutor Mike Malone for mentioning in his closing statement that Ragland did not testify, calling the comment "intentional and flagrant."
Malone told jurors that investigators had not determined exactly where the fatal shot had been fired because Ragland "hadn't seen fit to tell us."
Under the Fifth Amendment, Ragland had the right not to testify.
Ragland's attorney objected to the comment and asked for a mistrial. His objection was overruled, and Malone went on to tell the jury he meant Ragland did not respond to police questions about where the shot was fired.
Writing for the majority, Justice William Cooper said the statement by the prosecutor "could only have referred" to Ragland's decision to remain silent at trial.
"There was no basis for the prosecutor's claim that the police 'asked' (Ragland) during his interrogation about the location from where the shot was fired," Cooper wrote.
In a dissenting opinion, Justice James Keller said Malone's statement, taken in context, did not warrant a reversal of the murder conviction. Even if the statement violated Ragland's Fifth Amendment right, it did not harm his case, Keller wrote.
DiGiuro, a walk-on offensive lineman and honor student, was shot in the head while celebrating his 21st birthday on the front porch of a house he and two teammates shared near campus. Six years later, Ragland's former girlfriend claimed he told her he was the shooter.
The woman said Ragland held DiGiuro responsible for him being kept out of a fraternity.
Mike DiGiuro, the victim's father, said Thursday he was disappointed that the high court "saw fit to overturn overwhelming evidence that this man was guilty on a very, very small technicality."
He said he hoped Ragland would be convicted again and would receive a harsher sentence.
"I think this guy got off pretty easy last time," DiGiuro said.
The Kentucky Supreme Court on Thursday overturned a murder conviction in the 1994 sniper death of a University of Kentucky athlete, saying the prosecutor committed a "flagrant" violation of the U.S. Constitution.
The court ordered a new trial for Shane Ragland, who was sentenced to 30 years in prison in 2002 in the killing of football player Trent DiGiuro.
The 4-3 ruling issued Thursday faulted prosecutor Mike Malone for mentioning in his closing statement that Ragland did not testify, calling the comment "intentional and flagrant."
Malone told jurors that investigators had not determined exactly where the fatal shot had been fired because Ragland "hadn't seen fit to tell us."
Under the Fifth Amendment, Ragland had the right not to testify.
Ragland's attorney objected to the comment and asked for a mistrial. His objection was overruled, and Malone went on to tell the jury he meant Ragland did not respond to police questions about where the shot was fired.
Writing for the majority, Justice William Cooper said the statement by the prosecutor "could only have referred" to Ragland's decision to remain silent at trial.
"There was no basis for the prosecutor's claim that the police 'asked' (Ragland) during his interrogation about the location from where the shot was fired," Cooper wrote.
In a dissenting opinion, Justice James Keller said Malone's statement, taken in context, did not warrant a reversal of the murder conviction. Even if the statement violated Ragland's Fifth Amendment right, it did not harm his case, Keller wrote.
DiGiuro, a walk-on offensive lineman and honor student, was shot in the head while celebrating his 21st birthday on the front porch of a house he and two teammates shared near campus. Six years later, Ragland's former girlfriend claimed he told her he was the shooter.
The woman said Ragland held DiGiuro responsible for him being kept out of a fraternity.
Mike DiGiuro, the victim's father, said Thursday he was disappointed that the high court "saw fit to overturn overwhelming evidence that this man was guilty on a very, very small technicality."
He said he hoped Ragland would be convicted again and would receive a harsher sentence.
"I think this guy got off pretty easy last time," DiGiuro said.