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| S.C. Death Row Inmate to be Resentenced |
| By The State |
| Published: 03/03/2003 |
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A Lexington County man on Death Row for killing his 2-year-old son will get a new sentencing hearing, the state's top court said recently. The S.C. Supreme Court unanimously said jurors in Jeffery Haselden's 2001 trial should have been told that a life prison sentence carries no chance of parole. Jurors asked for the instruction during the penalty phase, but trial judge Gary Clary refused their request. A juror afterward told The State she wouldn't have voted for the death penalty had she received the instruction. A state law passed last year requires the instruction when requested. Lawmakers responded to a January 2002 U.S. Supreme Court ruling in another Lexington County death penalty case. 'A jury ought to be instructed on what it means if they're going to be deciding whether somebody ought to die,' said Cam Littlejohn of Columbia, one of Haselden's lawyers. Dayton Riddle, an 11th Circuit deputy solicitor, defended Clary -- now retired from the bench -- saying his jury instruction was based on the law at the time. 'If the law subsequently changes, that can impact a particular case, and it impacted this case,' he said. 'I don't think (the Supreme Court) is saying anyone did anything wrong.' Riddle didn't know when Haselden will be resentenced, saying his office has 'six or eight (capital murder cases) we need to do.' In South Carolina death penalty cases, juries can sentence defendants to life in prison or death. Defendants sentenced to life can't be paroled. But until the law was changed last year, judges typically didn't explain parole ineligibility when asked, defense lawyers say. Jurors often give death sentences if they think defendants eventually will be released, lawyers say. In addition to ruling on the jury instruction issue, the Supreme Court on Tuesday said Clary shouldn't have admitted an autopsy photo that implied Joshua Haselden was sexually abused. The justices said the photo had nothing to do with the case and banned it from the resentencing. Although it ordered a new sentencing hearing, the court unanimously upheld Haselden's February 2001 murder conviction. |
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