Judge Tosses Federal Death Sentence
U.S. District District Court Judge Malcolm Muir has thrown out the death sentence of David Paul Hammer, who was convicted of strangling a cell mate.
U.S. District Judge Malcolm Muir ruled that prosecutors should have disclosed to David Paul Hammer's lawyers the existence of four interviews that may have supported Hammer's claim that he used rope made from bed sheets for bondage sex. The interviews could have led the jury to conclude that Hammer did not engage in substantial planning before he killed bank robber Andrew Marti at Allenwood Federal Penitentiary in 1996, the judge said.
The article doesn't mention that David Paul Hammer claimed that while on death row in Terre Haute, Timothy McVeigh told him that Terry Nichols refused to help build the bomb that blew up the Oklahoma City federal building. The judge ruled, over the Government's objection, that Hammer could testify as a defense witness at Terry Nichols' state trial. Hammer attempted suicide after McVeigh's execution by mainlining insulin.
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