Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, August 23, 1995 TAG: 9508230073
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
A Patrick County Circuit judge last month set Stockton's execution for Sept. 27, one day after the high court is to consider Stockton's case. The state had petitioned the court to set Stockton's execution for Sept. 14, 12 days before the scheduled Supreme Court review.
But the 4th U.S. Circuit Court of Appeals in Richmond ruled Monday that the state attorney general's office ``should not seek the setting of an execution date until the Supreme Court has ruled.''
This means that Stockton, who has been on death row longer than any other inmate in Virginia, probably cannot be executed until October or November at the earliest, said Anthony King, his attorney.
Stockton was convicted in 1983 for the 1978 murder of Kenneth Arnder, 18.
A letter sent Monday to the attorney general's office and to Stockton's lawyers by the court addressed the argument over Stockton's execution date in harsh language.
``The court notes that this is at least the second case in which it appears to the court that the Attorney General of Virginia and attorneys for defendants seem to be manipulating and maneuvering around execution dates,'' clerk Bert Montague wrote.
``I have been directed by the court to specifically inform counsel that the court does not appreciate such actions. I draw your attention to the specific language of the order which provides that the Attorney General's Office should not seek the setting of an execution date until the Supreme Court has ruled.''
Stockton's lawyers have contended the high court needs time to review new evidence in the case. A key witness in Stockton's 1983 trial recanted his testimony in April to a reporter for The Virginian-Pilot and The Ledger-Star in Norfolk.
Randy G. Bowman had testified he overheard Stockton agree to accept money to kill Arnder, whose body was found near Mount Airy, N.C. Bowman told the newspaper he never heard the money-for-hire deal.
The attorney general's office then filed an affidavit in federal court in which Bowman claimed he never recanted.
Stockton's lawyers have said he deserves a new hearing because the prosecution failed to disclose evidence that could have helped Stockton during his trial, including details of an alleged deal that prosecutors made with Bowman in exchange for his testimony.
The Supreme Court will rule on Stockton's appeal for a review of the records to determine whether there have been any constitutional violations in his case. The order for a review will be issued if at least four of the nine justices approve.
by CNB