death penalty news--WASHINGTON, D.C., CALIFORNIA

[Rick Halperin <rhalperi@post.cis.smu.edu>]

8-13-98---


WASHINGTON, D.C.:

The family of the man charged in the shooting deaths of 2 Capitol
police officers won a delay in Thursday's scheduled testimony to a 
grand jury that could indict their son, their lawyers said. 

Lawyers for Russell Weston Jr.'s parents, sister and brother-in-law 
challenged the surprise subpoenas that were issued this week as the 
family visited the hospitalized Weston for the 1st time since the 
Capitol shootings. 

The Westons were ordered to appear for testimony Thursday morning, but 
protested that they need more time to prepare for what could be crucial 
sworn statements about Weston's mental history.  Chief U.S. District 
Judge Norma Holloway Johnson held a closed-door hearing on the matter. 

Afterward, lawyers for the Valmeyer, Ill., family said the substance of 
the 2-hour hearing is secret, but that the family would not be forced 
to go before 1 of 3 grand juries sitting in the courthouse Thursday. 

"They're relieved that they're going back home," said Steven Tabackman, 
lawyer for Weston's mother, Arbah Jo Weston. 

The family left the courthouse without commenting.  Russell Weston Sr. 
leaned heavily on 2 walking canes, and his wife helped him as they left 
the courtroom. 

Tabackman and Henry Asbill, who represents Weston's father, said they 
cannot comment on whether the family has a date set to return to 
Washington.  Both men said their clients expect to testify at some 
point.  
          
"They will appear before the grand jury when they are ordered to do so," 
Tabackman said. 

Police served the subpoenas Tuesday outside the locked hospital ward 
where Weston, 41, is recovering from gunshot wounds sustained in the 
July 24 attack inside the Capitol, the lawyers said. 

The Westons will cooperate and do not object to testifying later, the 
lawyers said. 

"They have cooperated with law enforcement authorities from the very 
1st day and they will continue to do that," Tabackman said. 

The family was unnerved by the timing of the subpoenas and by the 
decision to serve them practically at Weston's bedside, Asbill said. 
The Westons had planned to make the 18-hour drive home immediately after 
the 2nd of 2 scheduled visits with their son on Wednesday. 

Federal prosecutors would not comment after the hearing. 

Weston has been shackled to his bed for most of his stay at D.C. General 
Hospital, where he was rushed in the aftermath of the melee in a Capitol 
hallway crowded with tourists. 

Officer Jacob J. Chestnut and detective John Gibson were killed, and a 
24-year-old tourist wounded. 

Weston has been held without bond pending a court appearance scheduled 
Aug. 19.  That date could be postponed to allow Weston more time to 
recover, lawyers said Thursday. 

If convicted of killing federal officers, Weston could face the death 
penalty.  He has not entered a plea. 

His lawyers will not comment on Weston's mental state, but have hired 
several mental health experts to evaluate Weston. 

Although his family has said repeatedly that Weston suffers from 
debilitating delusions that the federal government is targeting him, 
they would not address Weston's lucidity after seeing him. 

(source:  Associated Press)







CALIFORNIA:

In San Francisco, a federal judge Thursday halted next week's scheduled 
execution of a murderer who was uncertain over whether he was ready to 
die, a lawyer acting on his behalf said. 

The stay of execution for murderer Bill Bradford was the latest chapter 
in a bizarre legal scramble to save his life -- a saga that has featured 
the resurfacing of long-lost relatives and Bradford's recent decision 
that he did not want to die in California's death chamber. 

Robert Bryan, a San Francisco attorney who specializes in death penalty 
cases told Reuters that U.S. District Judge Ronald Lew in Los Angeles 
issued a stay of execution for Bradford Thursday morning. 

Bradford, who murdered 2 aspiring models in 1984, had been scheduled 
to die by lethal injection Aug. 18 at San Quentin State Prison.  Had 
the stay not been issued, he would have become the 6th person to be 
executed since California resumed using the death penalty in 1992. 

Earlier this year, faced with deadlines for launching fresh appeals, 
Bradford declined to challenge the date and said he was ready to die. 

His lawyer at the time, Jack Leavitt, said the 15 years Bradford spent 
on death row had sapped his will to live. 

But a surprise meeting with his 23-year-old daughter, whom he had not 
seen for close to 15 years, as well as contact with other family 
members and friends convinced him there was still reason to live. 

Bryan, speaking in a telephone interview from vacation in Paris, said 
Bradford's execution was put on hold pending a federal appeals process. 
Bradford had always been entitled to an appeal in federal court but 
only recently decided to pursue that option, Bryan said. 

Before the appeals process begins, the court will have to decide who 
will serve as the convicted killer's lawyer. 

Bradford recently had a falling-out with Leavitt and now apparently 
wants Bryan to represent him.  The decision on who will represent 
Bradford must be made by a federal judge. 

A spokesman for California's attorney general confirmed Thursday that 
the stay of execution had been issued.  State prosecutors plan to 
challenge Bradford's motions during the federal appeals process, he 
said. 

Bradford, an amateur photographer, lured 2 models into the California 
desert in 1984 and then strangled them. 

While he pleaded not guilty to the murders, he dismissed his lawyers in 
the penalty phase of his trial and conducted his own defense -- 
presenting virtually no mitigating evidence. 

(source:  Reuters)






Rick Halperin
AI-Texas

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