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Post by bryan on Jul 22, 2005 4:58:54 GMT -6
SAN ANTONIO — An appeals court has overturned a man's death sentence because one of his jurors was charged with bringing a gun to the courthouse during the trial. The 5th Circuit Court of Appeals tossed out Carl L. Brooks' sentence Wednesday, saying juror Santiago Alexander Garcia's actions during the penalty phase might have been influenced by his own pending case. The morning after the jury convicted Brooks of killing a man in a drug-related robbery, security guards at the courthouse doors found a semiautomatic pistol in Garcia's briefcase. Garcia said he had planned to take the gun to a gunsmith for repair. He was charged with a misdemeanor and returned to the trial. At the time, Brooks' attorneys objected to Garcia participating in the sentencing, but a state district judge let him remain on the panel. Garcia's case was later closed and his adjudication was deferred. He could not be immediately reached for comment. Because the gun incident happened after Brooks was found guilty, the three-judge panel let the conviction stand. The appeals court ordered a new sentencing hearing or a life sentence. Bexar County prosecutors say they have asked the Texas attorney general's office to appeal the 5th Circuit's opinion. "There's no indication from his testimony ... that he changed his vote to curry favor with the DA's office," said Alan Battaglia, chief of the district attorney's appellate section. "There's nothing." But Brooks' attorney said the appeals court ruling was "a victory for fairness."  www.tdcj.state.tx.us/statistics/deathrow/drowlist/brooks.jpg |
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