Kyla
12-16-2004, 01:59 PM
Appeal not heard; attorney predicts still another stay
By Jaime Powell Caller-Times
December 16, 2004
A San Antonio man sentenced to die for the 1984 murder of a Corpus Christi man has received his sixth date with death.
District Judge Nanette Hasette on Wednesday signed a death warrant for Troy Kunkle, setting a Jan. 19 execution date, Assistant District Attorney Doug Norman said. Kunkle was convicted of murdering Steven Horton, 31, in 1984.
The U.S. Supreme Court has stayed Kunkle's execution twice on the day of his execution, most recently in a 5-4 order last month, while his attorneys filed appeals. His attorneys had argued that Kunkle's history of drug and alcohol abuse was not properly considered as mitigating evidence at trial.
The high court on Monday declined to hear the appeal, even though one justice said Kunkle's sentence clearly violated the Constitution. In a concurring opinion, Supreme Court Justice John Paul Stevens wrote that he initially had agreed to the stay because justices believed they had authority to review the case. However, upon closer review, justices realized the appeal was based on state law.
Kunkle's attorney Danalynn Recer, of the Gulf Region Advocacy Center based in Houston, said she will continue to fight the execution. Recer said there already is litigation pending and more is forthcoming.
"It is premature to be setting a date," Recer said. "What I think it means is that we will have another stay. I don't know what the purpose is, because there are serious constitutional issues being litigated and that litigation is nowhere near completion."
Norman said the District Attorney's Office requested a new execution date because they believe Kunkle has run out of appeals.
"We think he has at the state level, and we are pretty certain that he has at the federal level," Norman said. "His lawyers think they have another argument they can make to the federal courts involving the constitutionality of his sentence."
According to the Texas Department of Criminal Justice, Kunkle, 18 at the time of the killing, and three friends were visiting Corpus Christi from San Antonio. They picked up Horton, who was walking along Paul Jones Avenue, and demanded his wallet, which contained $13. Kunkle then shot Horton in the head, according to state reports.
After the death, Kunkle reportedly quoted lyrics from heavy metal band Metallica's song "No Remorse," from the album "Kill 'em All," when he said, "Another day, another death, another sorrow, another breath."
By Jaime Powell Caller-Times
December 16, 2004
A San Antonio man sentenced to die for the 1984 murder of a Corpus Christi man has received his sixth date with death.
District Judge Nanette Hasette on Wednesday signed a death warrant for Troy Kunkle, setting a Jan. 19 execution date, Assistant District Attorney Doug Norman said. Kunkle was convicted of murdering Steven Horton, 31, in 1984.
The U.S. Supreme Court has stayed Kunkle's execution twice on the day of his execution, most recently in a 5-4 order last month, while his attorneys filed appeals. His attorneys had argued that Kunkle's history of drug and alcohol abuse was not properly considered as mitigating evidence at trial.
The high court on Monday declined to hear the appeal, even though one justice said Kunkle's sentence clearly violated the Constitution. In a concurring opinion, Supreme Court Justice John Paul Stevens wrote that he initially had agreed to the stay because justices believed they had authority to review the case. However, upon closer review, justices realized the appeal was based on state law.
Kunkle's attorney Danalynn Recer, of the Gulf Region Advocacy Center based in Houston, said she will continue to fight the execution. Recer said there already is litigation pending and more is forthcoming.
"It is premature to be setting a date," Recer said. "What I think it means is that we will have another stay. I don't know what the purpose is, because there are serious constitutional issues being litigated and that litigation is nowhere near completion."
Norman said the District Attorney's Office requested a new execution date because they believe Kunkle has run out of appeals.
"We think he has at the state level, and we are pretty certain that he has at the federal level," Norman said. "His lawyers think they have another argument they can make to the federal courts involving the constitutionality of his sentence."
According to the Texas Department of Criminal Justice, Kunkle, 18 at the time of the killing, and three friends were visiting Corpus Christi from San Antonio. They picked up Horton, who was walking along Paul Jones Avenue, and demanded his wallet, which contained $13. Kunkle then shot Horton in the head, according to state reports.
After the death, Kunkle reportedly quoted lyrics from heavy metal band Metallica's song "No Remorse," from the album "Kill 'em All," when he said, "Another day, another death, another sorrow, another breath."