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| Pa. Court Throws Out Death Sentence |
| By Associated Press |
| Published: 11/12/2001 |
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A federal appeals court has thrown out the death sentence of a man convicted of killing 13 people, ruling the jury got confusing instructions. The 3rd U.S. Circuit Court of Appeals ordered prosecutors recently to give George Banks a new sentencing hearing within 120 days. Otherwise, he will be sentenced to life in prison. Banks was convicted in a shooting rampage in Wilkes-Barre on Sept. 25, 1982. Banks, who is biracial, said he killed his five children, ages 1 to 6, to save them from a racist society. The other victims were four mothers of his children and four bystanders. The three-judge appeals panel upheld Banks' conviction, but ruled that jury instructions wrongly implied that all had to agree on mitigating circumstances to spare Banks from death. Under state law, a jury must unanimously find aggravating circumstances, but cannot give a death sentence if even one juror finds a mitigating circumstance. The jury instructions were standard at the time and were probably used for at least 20 other death-row prisoners, said Matthew Lawry of the Defender Association of Philadelphia. District Attorney David Lupas said prosecutors will appeal. In the meantime, he said the office had not decided yet whether to schedule a resentencing hearing for Banks. 'It would obviously be a very large undertaking, it is not something we are ruling out right now,' Lupas said. 'These kinds of cases are very costly to taxpayers.' Defense lawyers have argued that Banks was insane when he went on the shooting spree. The former state prison officer was once within weeks of being executed. Former Gov. Tom Ridge twice signed his death warrant. |
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