9th Circuit Tosses Death Sentence for Michael Hamilton Cali DR in 1981 Murder

[Jeff1857]

SAN FRANCISCO — A federal appeals court has overturned a convicted wife killer's death sentence, ruling that his trial lawyer provided exceptionally poor representation.
The 9th U.S. Circuit Court of Appeals upheld Michael Allen Hamilton's first-degree murder conviction Friday, but ordered authorities to either convert his sentence to life in prison without parole or conduct another trial to determine his sentence.
Hamilton was convicted of the 1981 shotgun slaying of his pregnant wife, who also was mother to his four children. The family lived in Bakersfield at the time.
The unanimous three-judge panel of the appeals court ruled that Hamilton's lawyer failed to present evidence of his traumatic childhood in an attempt to persuade the jury to reject the death penalty.

http://www3.signonsandiego.com/stories/2009/sep/18/ca-death-sentence-reversed-091809/?california%20&%20the%20west

More Info on Facts of the Crime:

On November 2nd, 1981, at the junction near Terra Bella and Highway 65 in Tulare County,
California, a gruesome discovery was made at around 10:30 p.m. A young woman was discovered murdered in a white GMC Pickup truck. The young woman, found by her husband, had been shot twice with a shotgun. Michael was immediately detained and questioned for three days and then released because it is common for authorities to suspect the spouse in such murders. He was later rearrested on November 17th 1981, charged and convicted a year later for the murder of his wife Gwendolyn and their unborn son.

Opinion is here:

http://www.ca9.uscourts.gov/datastore/opinions/2009/09/18/06-99008.pdf

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9th Circuit Strikes Again. 

[Michael]

So he won 20 more years.... it´s not satisfying...

Michael

[Jeff1857]

Two local women whose family was devastated by a 1981 murder said Monday old wounds were violently re-opened when the killer's sentence was overturned. Michael Hamilton was convicted of killing his pregnant wife Gwendolyn almost 30 years ago.

Last week a federal appeals court said authorities must convert his death penalty sentence to life in prison. But Gwendolyn's family says that's not good enough.

"I wish it was over already, I have my own family to take care of," said Gwendolyn Hamilton's daughter Julie who was 3 at the time of her mom's murder. Gwendolyn was 7 months pregnant when she was shot to death with a shotgun on the side of the road in Tulare. Twenty-nine years later, the pain is still fresh. Gwendolyn's family says they wish they could put her brutal murder behind them, but it's tough with yearly hearings and constant appeals.

The decision by the 9th District Court of Appeal in San Francisco, ''just opens more doors for Mike to present more evidence at more hearings,'' said Barbara Holmes, Gwendolyn's sister.

''Not that I'm afraid the verdict will be overturned, it's just, how long can my family go through reliving this?"

Kern County District Attorney Ed Jagels says he's not surprised by the court's decision. "Historically it has been the most pro criminal least public safety oriented court in the country. It is jam packed with extreme anti-death penalty judges," said Jagels. None the less, it was a shock to Gwendolyn's family who wants Hamilton to pay and for them to be given the chance to move on.

The Tulare County DA is waiting to hear if the 9th Circuit Court will take any further action on the case. If not it comes back to them and they have the opportunity to retry the penalty phase.

http://www.kget.com/news/local/story/Twice-devastated-Family-reacts-to-death-sentence/DB97xbTz00iJkDoqXlFxkQ.cspx?rss=91

[Michael]

It´s good that the news report about a family have to deal with all this justice limbo.

Michael

[Jeff1857]

Michael Allen Hamilton, the man convicted of murdering his wife in Terra Bella in 1981, was back in court last Thursday in preparation for a new trial to determine his fate.

A decision to sentence Hamilton to death was overturned when the U.S. Court of Appeals for the 9th District Court ruled his defense attorney did not present sufficient evidence during the penalty phase of his client’s trial. A trial date for a new penalty was supposed to be set last Thursday, but was postponed to Aug. 24.

Assistant Tulare County District Attorney Shani Jenkins said Hamilton’s murder conviction will not be overturned or reconsidered, but his penalty could potentially change. A jury must determine whether he should be sentenced to life without the possibility of parole, or given the death penalty again.

“This has been going on for about six months, and was finally remanded back to us on the 22nd,” she said. “The case was put over for the trial setting to determine how much time the actual trial is going to take. This is an interesting case.”

It’s been 28 years since jurors found Hamilton guilty of shooting to death his pregnant wife, Gwendolyn, and their unborn son, and ditching her body in a white truck at the junction near Terra Bella and Highway 65.

Hamilton will appear in court again at 8:30 a.m. Aug. 24 in Dept. 6. in Visalia.

http://www.recorderonline.com/news/hamilton-46030-court-decision.html