Why would a person who's job is to be THE judge in a death penalty hearing want to limit the kind of evidence that can be presented? I thought judges were supposed to be interested in the truth. Apparently not.
A judge ruled Monday that results of a DNA test for convicted murderer and rapist Jerry Wayne Conner won't help him stay out of the death chamber, and defense lawyers said they would appeal the ruling. Gates County Superior Court Judge Richard Parker ruled that results of the new test on a semen sample were unfavorable to Conner. The decision came after an hour-long hearing, during which the judge said he would hear only evidence related to DNA.
Conner was sentenced to death for the 1990 shotgun slaying at a Gates County store of clerk Minh Rogers and the rape and murder of her 16-year-old daughter, Linda. The state Supreme Court halted the execution scheduled for May 12 so a DNA test requested by the defense could be performed.
But defense lawyers said they planned to appeal Parker's ruling because DNA testing was inconclusive and showed doubt that Conner committed the crime. The semen sample had characteristics shared by 60 percent of the male population, they said. The defense also had asked the judge to look at other evidence, including expert testimony on the reliability of Conner's confession and the eyewitness. The judge denied those requests.
Defense lawyer Mark Kleinschmidt said if additional evidence had been allowed, it would have shown that the eyewitnesses who said they saw Conner were underaged and drunk and that another eyewitness said the man she saw at the store wasn't Conner.
"We wanted to talk about all this other evidence that exists," he said. "The judge failed to give us the opportunity."
I honestly don't know how Mark Kleinschmidt can show such restraint at times like these. I would have told hizzoner to go fuck himself. So thank god no one has to depend on me for calm legal counsel.