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NEW TACTIC IN BONIN CASE\'Freeway Killer' lawyers still trying to stop execution.


Byline: Bob Egelko Associated Press Associated Press: see news agency.
Associated Press (AP)

Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world.
 

Lawyers for "Freeway Killer The Freeway Killer was a nickname given by the media—and later police forces—to what they believed was a single serial killer claiming victims in California, USA during the 1970s and often dumping the victims along the freeways. " William Bonin William George Bonin (8 January 1947 – 23 February 1996) was an American serial killer, also known as “the Freeway Killer”, a nickname he shares with two other serial killers.  filed their last arguments with the state Supreme Court on Tuesday to block his Feb. 23 execution, saying his claims were delayed by their own incompetence, not deliberate stalling.

Bonin, 49, is scheduled to die by lethal injection This article or section may deal primarily with the U.S. and may not present a worldwide view.  for the murders of 14 young men and boys whose nude bodies were dumped alongside Southern California freeways The of this article or section may be compromised by "peacock terms".
You can help Wikipedia by removing peacock terms.
 in 1979 and 1980.

His lawyers have asked the state's high court to block the execution and consider ordering a new trial, a claim that can be taken up in federal court if rejected. But because of the court's restrictions on repeated appeals, defense lawyers must persuade the court they have acted incompetently before their arguments will even be considered.

Bonin has already been turned down by the court in his appeal from the verdict, based on the trial record, and by state and federal courts in a further challenge based on additional evidence. Both appeals centered on claims that his trial lawyer, William Charvet, was a drug-addicted incompetent who intended to be paid from the rights to Bonin's life story.

After the U.S. Supreme Court denied review of the case last month, the state public defender's office filed a new appeal, claiming that a prosecution witness was hypnotized to prepare his testimony and that a jailhouse informant informant Historian Medtalk A person who provides a medical history  committed perjury perjury (pûr`jərē), in criminal law, the act of willfully and knowingly stating a falsehood under oath or under affirmation in judicial or administrative proceedings. .

Attorney General Dan Lungren's office countered that the allegations should have made much earlier, were unverified, and were irrelevant.

The public defender's office said it acted incompetently by failing to recognize the issues earlier, and should be removed from the case.

That explanation was derided by Lungren's office in written arguments last week. Public defenders public defender, governmental official who represents indigent persons accused of crime. U.S. Supreme Court decisions expanding the right to counsel to pretrial proceedings and holding that a person cannot be sentenced to even one day in jail unless a lawyer was  have presented "every conceivable claim on Bonin's behalf" and are now following "a carefully planned strategy aimed at delay," wrote Deputy Attorney General Esteban Hernandez.

On another issue, Allen said the court should consider the state's actions in releasing Bonin after sex crime convictions in the late 1960s and 1975, prison sentences and a brief commitment to a prison mental hospital, where he allegedly pleaded for treatment.

"It is cruel and unusual to execute an individual such as (Bonin), where the state failed to treat the person for what it knew were severe mental illnesses and where it released that person back into society knowing he posed a substantial danger to others," Allen wrote.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Feb 14, 1996
Words:397
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