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| Judge Vacates N.C. Death Sentence |
| By Associated Press |
| Published: 11/05/2001 |
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A judge on Monday vacated the death sentence for a convicted murderer whose picture appeared in an international anti-capital punishment campaign, saying proper court procedures weren't followed in the case. Bobby Lee Harris, 35, had been one of 26 death row inmates featured in Italian clothing maker Benetton's anti-death penalty ad campaign last year. His story drew even more attention when a German woman who saw his photo moved to North Carolina saying she wanted to marry him. In vacating the death sentence, Superior Court Judge Wade Barber said the process had been flawed because one judge presided over Harris' trial and another judge presided during his sentencing. The judge also said the trial jury was dismissed 'without good cause'' and replaced with a second jury that was ``without authority to hear the penalty phase of the trial.'' The state attorney general's office was reviewing the ruling and declined comment Monday. Harris still is being held on a 40-year sentence for robbery with a dangerous weapon, a 40-year sentence for second-degree burglary, a 10-year sentence for larceny of a firearm and a 10-year sentence for auto larceny, said Keith Acree, spokesman for the Department of Corrections. Acree said the death sentence still stands and Harris likely will be resentenced. Harris, 35, confessed to the 1991 stabbing death of commercial fisherman John Redd and admitted stealing his truck and about $80. |
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