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| Death row inmate granted new sentencing hearing |
| By Associated Press |
| Published: 05/30/2005 |
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Ruling that a lawyer who defended a convicted killer at a capital sentencing hearing in 2000 provided ineffective counsel, an Anne Arundel County (Md.) judge last Thursday granted death row inmate Lawrence Borchardt Sr. a new sentencing hearing. Judge Pamela L. North found that defense attorney William W. Kanwisher erred in not calling the psychiatric social worker and psychologist who had evaluated Borchardt to testify, and by striking a deal with prosecutors that limited the testimony of a neurologist who examined Borchardt. The judge also ruled that Kanwisher hurt his client's case by the order in which he called defense witnesses at the sentencing hearing and by failing to solicit testimony that it was unlikely that Borchardt posed a future threat. Kanwisher, who began working in the capital cases unit of the state public defender's office in 1987 and now has a private practice in criminal defense, declined to comment on the ruling last Thursday, saying he had not seen the judge's opinion, The (Baltimore) Sun reported. Baltimore County Deputy State's Attorney Stephen Bailey said last Thursday that he will meet with prosecutors in the state attorney general's office to discuss whether to appeal the ruling. Borchardt, 53, of Rosedale, was convicted in 2000 of stabbing to death Joseph and Bernice Ohler, an elderly Rosedale couple, Thanksgiving Day in 1998 in an attempt to get money to buy drugs. The Ohlers had twice given money to Borchardt, a heroin addict who was going door to door and soliciting funds by claiming that his wife needed cancer treatments. He killed the couple Nov. 26 when they told him they didn't have any more cash to give. The case was moved from Baltimore County to Anne Arundel County after Borchardt's lawyers requested a venue change. |
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