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Death row inmate gets sentence overturned
By Associated Press
Published: 09/15/2006

SAN FRANCISCO, CA - California's longest-serving death row inmate had his sentence overturned for the third time Thursday after a federal appeals court ruled a defense lawyer failed to present evidence that could have kept his client from being condemned.

Reversing a lower court, the 9th U.S. Circuit Court of Appeals said lawyer Arnold Lieman "rendered constitutionally defective assistance" by failing to tell jurors that Lavell Frierson had a history of mental retardation, child abuse, brain damage and drug use.

"There is a reasonable probability that, had the jury been able to consider this evidence, the outcome of the penalty proceedings would have been different," Judge Richard A. Paez wrote for a three-judge panel.

Frierson, 49, has been on death row at San Quentin State Prison since he was convicted of murdering Edgardo Kramer, 29, a Peruvian airline employee, in 1978.

Frierson kidnapped, robbed and shot Kramer and a colleague in the head when the two men went to a motel near Los Angeles International Airport allegedly looking for a prostitute, according to court documents. Read more.

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