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Defender Pulls From Death Row Appeal
By Associated Press
Published: 11/19/2001


A convicted murderer's death row appeal hit an unusual stumbling block when the Ohio public defender withdrew from the case citing his office's failure to turn over another inmate's confession.
Public Defender David Bodiker removed himself from John W. Byrd Jr.'s defense team recently.
Byrd claims he was wrongly convicted in the 1983 stabbing death of Monte Tewksbury, a convenience store clerk. John Brewer, who was with Byrd the night of the slaying, has confessed in several affidavits, but at least three of the documents were not given to the federal court until this week.
'This case has become focused not on John Byrd's innocence, but the conduct of his lawyers,' Bodiker told U.S. Magistrate Michael Merz. 'By our actions, we have dug a hole and pulled John Byrd down into it.'
Prosecutors argue that Brewer, who was convicted as an accomplice and cannot be tried again, is only trying to spare his friend's life.
The magistrate said the ruling applies only to a hearing he is conducting on Byrd's claims of innocence and wouldn't apply to future appeals.
Byrd, 37, has said he has chosen to be electrocuted to illustrate the brutality of capital punishment. He would be the first inmate to die in Ohio's electric chair in 38 years. 



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