RICHMOND
The U.S. Supreme Court on Monday stopped the execution of a Virginia man while it considers whether to hear his argument that he was unconstitutionally tried twice for killing a 16-year-old girl after describing the crime in a taunting letter to a prosecutor.
The court's order came a day before Paul Warner Powell, 31, was scheduled to die for killing Stacie Reed in her Manassas home in 1999. He had chosen to die by electrocution.
The execution will be pushed back until at least September, the first review conference in which the Supreme Court justices could consider the petition, said Jonathan Sheldon, Powell's attorney.
If the court decides not to take up the appeal, Powell will again face execution.
Powell was convicted of Reed's capital murder in 2000 and of raping and trying to kill her 14-year-old sister, Kristie. The Virginia Supreme Court overturned the capital murder verdict, saying prosecutors lacked evidence that he raped or robbed Stacie or committed other death-qualifying offenses.
Powell then wrote a taunting letter to Prince William County Commonwealth's Attorney Paul Ebert detailing how he tried to rape Stacie and then stabbed her in the heart. He said he went downstairs, had a cigarette and some iced tea and waited for her sister to come home from school.
(Editor's note: An edited version of Powell's letter is posted in the index of case coverage by the News & Messenger newspaper in Manassas. Warning: Even edited, the letter may be considered offensive by many readers.)
Ebert threw out the first-degree murder charge and charged Powell with capital murder for the killing and attempted rape of Stacie. Powell was convicted again in 2003 and sentenced to death.
His lawyers argue that the second capital murder charge amounted to double jeopardy.
State and federal courts have repeatedly rejected Powell's claim, saying the original charge was different because he was not accused of attempting to rape Stacie.
A panel of the U.S. Fourth Circuit Court of Appeals denied Powell's claim in April in a 2-1 ruling, and the full court refused to take up the argument.
Appeals court Judge Roger L. Gregory offered the lone dissent in April's ruling.
"Given the explicit details revealed by Powell in his letter to the Commonwealth's Attorney, one understands the strong inclination to prosecute Powell for those heinous acts," he wrote. "Yet, it is in these very cases that we must be most vigilant in protecting our long-standing constitutional guarantees."
The Attorney General's Office will continue to defend the capital conviction, spokesman David Clementson said.
"The constitutional rights of individuals must always be protected, and this is greatly heightened in death penalty cases when it is truly a matter of life or death," said Beth Panilaitis, executive director of Virginians for Alternatives to the Death Penalty.
Stacie and Kristie's mother, Lorraine Whoberry, said she had mixed emotions about the court's decision. She said she would withhold further comment until a news conference the family had planned for Tuesday.
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Exception to the Double Jeopardy Clause......
The murderer is an idiot. One of the exceptions to the double jeopardy clause is new evidence. In this case the Guy gave the DA the "new evidence." He deserves to be removed from the gene pool. And no one should blame his attorney.
This case has shown...
shown some glaring inanities in the 'system' for sentencing people convicted of committing heinous crimes in our state. The original death sentence was overturned because it wasn't proved that this low life had attempted to rob and/or rape the victim, while KILLING her! Think about that. Most (I believe) would agree that robbery and rape are less serious crimes than murder. Yet, in order to be eligible for the DP per the state Supreme Court's reasoning, merely murdering this poor girl was not enough. To quote the article above:
"The Virginia Supreme Court overturned the capital murder verdict, saying prosecutors lacked evidence that he raped or robbed Stacie or committed other death-qualifying offenses."
Huh? MURDER doesn't qualify, at least by itself? Geezz...
The double jeopardy law...
is a good law. Which is part of the Fifth Amendment "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;". I am sure it is there, to protect the innocence. So it is up to the judicial system to make it work properly. In this case, it seems like the Crime Scene Investigators, dropped the ball. Not enough evidence, to convict this guy. No murder weapon or DNA???
captial punishment
when a man or woman, takes someone life,the only fitting punishment is that the state take thier life.that is the biblical mandate.blood shed is blood shed.it cries out to God.no one escapes.murder is murder.that is one of the reasons that the u.s.a.is in such big trouble with God.that innocent blood crying out to God.
His letter
Well, I posted several excerpts from his letter for anyone who thinks the death penalty is not justified or inhumane. Unfortunately, the censorship of the Pilot would not allow it on here. I highly encourage everyone with an opinion in the matter to read what he wrote. Copy/paste the link.
http://www.insidenova.com/isn/news/local/article/powells_letter_to_commonwealths_attorney/39241/
Keep in mind; this is what he wrote after his trial, when he felt beyond the death penalty. He has no remorse, and neither should we. Flip the switch.
Just my 2 cents
The constitution may protect him now, but who will protect him from these girls fathers if he is released? I believe in the constitution of the United States of America and do my best to defend it everyday. But I also believe in the Ten commandments and am a firm believer in an eye for an eye!
What a JOKE!
Ladies & Gents, here's your BROKEN AMERICAN JUSTICE SYSTEM in its finest hour! People of the world hear this: come on over to America, commit your most horrific crimes; you WILL NOT be punished here!
See article on bullet sales
A lot of us folks out on the street know that there are a lot of guys like this human waste walking around. That's the main reason we're buying all the bullets they can produce.
A mockery of the Justice System
He is mocking the justice system and he knows it. He is playing games and he knows it. He is using the justice system to his advantage and he knows it. He is manipulating the system as well and he knows it.
People only use the constitution when it affects them
I say, just give him life with water boarding every day, 2 hours a day. The electiric chair would start to look like a lazy boy.
Blame the Justice System and Prosecutor Ebert
I am in no way supporting Powell behavior at all. This is a death penalty case we would all say that he deserves the electric chair. Regardless, he still has constitutional rights that are given to every individual no matter race, gender, sex, or ethnicity. I am first going to blame the prosecutor for not doing a thorough investigation and hoping that the death penalty would ride on the charges filed. He owes a apology to the victim's family for not doing his job. I clearly see where double jeopardy happen in this case and acourse most acting off of revenge and vigilanty justice from the trial court and court of appeals to keep the execution moving forward. I do question our legal system in all its interpretation because we all live in a country that we hope the justice system doesnt fail. It does and it is these mistakes that give me conscious that even though some are innocent but living the life term of guilt that their will be some method to correct injustice. Ryan Frederick was also injustice as he should be freed to this day. I hope it works out for him. Now on to Kerry Doughtery!! You contradict your own common sense when you just believe everything that the polic
Does The System Work?
If this piece of trash doesn't get the chair, it will be a perfect example of our flawed judicial system. He has proudly admitted his deplorable crime. I for one don't want to see a penny of my hard earned money used to support this animal. As far as the argument of a miserable life in prison goes, just remember, there are criminals out there who prefer to live behind bars for free because they are too lazy to make it in the outside world. If released they deliberatly commit crimes to go back to jail so they can continue to live for free. Although I'm sure this prime example of human waste will never be released, he doesn't deserve to have another penny of tax payer wasted on him. He needs to meet his maker.
I wonder how Mr. Wizard and
I wonder how Mr. Wizard and other Bleeding Hearts would feel if one of this guy's victims had been their loved one, a daughter, sister, niece. etc. This guy is completely unrepentent and flaunting what he did to further hurt this family. He will probably be released from prison to brutally kill others. Recent S.C. serial killer had a multiple page rap sheet, had been released from prison, and killed 5 people upon his release. I am sick of hearing about the rights of criminals. What about the rights of law abiding citizens to live free of fear from these perpetrators? Stop him before he can hurt anyone else!
Cert hasn't been granted
That likely means that the one Justice assigned to the 4th circuit issued the stay. Isn't it so that Chief Justice Roberts is the Supreme assigned to this circuit? If so, it is significant that one of the most conservative justices issued the stay.
Does anyone know whether Roberts is assigned to the 4th circuit? With only 3 liberal justices on the court right now (lacking Souter), one justice may have issued the stay simply to wait for Sotomayor the option to give the 4th vote granting cert. After all, Powell is entitled to a complete chance at getting that 4th vote. If he does get the 4 that he needs, then the full court could decide to go ahead with the chair.
executions/lethal injections
We are not named " God " We have no right to have a death penalty, only a life sentence.Our country seems to keep the wrong laws and dimisses the good ones. Signs of the times.
Speak to some " lifer's " they will tell you the life sentence is worse anyway,most would rather die.
Seriously?
So instead, you'd rather house these guys for the duration of their lives? Do you not have any idea how much it costs to do this? If you'd like to give MORE of your money to the government, then you keep talking like that... Me? I like my money, I use it to support myself and my family and would prefer NOT to support someone who feels someone's life is not worth more than the horrible things he did to them. If he doesn't value human life, why should we value his?
This will probably continue into endless appeals
I have no sympathy or compassion for this human refuse. However, this is another case in the use of capital punishment in which endless appeals will cost the tax payers more than just locking up this bum for life in maximum security. I think that they could give this guy a room mate who would make him desire the death penalty instead of life imprisonment.
michael
I, too, am normally against the death penalty and didn't even know about this case until Virginians for Alternatives to the Death Penalty sent me an email inviting me to a vigil on this man's behalf (before the stay was granted.) After reading up on the case, even I, a heretofor staunch opposer to capital punishment, couldn't bring myself to fight on his behalf. Now I am again questioning my values...
The death sentence may NOT
The death sentence may NOT be a deterrent, but it is definitely the punishment for such a heinous crime and ANY other heinous crime!
I'm normally against the death penalty
But in this case, I say fire up Old Sparky and Fry him