Kamis, 21 Januari 2010

Death row inmate loses appeal to state's top court

No new execution date has been set for convicted killer

By Sarah Lundy, Orlando Sentinel

3:15 PM EST, January 21, 2010


Convicted killer David Eugene Johnston may die by lethal injection after all.

The Florida Supreme Court Thursday lifted its stay, which delayed Johnston's execution last May.

No new execution date has been set yet.

Johnston, 49, was convicted for the 1982 murder of 84-year-old Mary Hammond, who was stabbed several times and strangled in her Orlando home.

In April, Gov. Charlie Crist signed Johnston's death warrant, prompting a slew of appeals.

The death row inmate won a last minute appeal, allowing authorities to conduct DNA testing on blood and the victim's nail clippings.

Three months later, the DNA results returned and confirmed Orlando police arrested the right man.

That sparked more appeals, including the 1987 clemency hearing was inadequate and his prolong time on death row should be considered cruel and unusual punishment.

The Supreme Court denied the appeal in a 36-page decision.

Johnston is being held on death row at Florida State Prison in Starke. His attorney, D. Todd Doss, was not available for comment.

Sarah Lundy can be reached at slundy@orlandosentinel.com or 407-420-6218.

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