Seventeen years have passed since Jeffrey Landrigan murdered
Chester Dean Dyer, but the story won't go away. Now the record is
resting in the U.S. Supreme Court on Arizona's appeal from a
regrettable decision in the 9th Circuit. It's time to mark this
case closed.
The sordid facts are of little interest in themselves, but the
developing law on capital punishment -- especially in view of the
changed membership on the high court -- merits your attention.
The times, they are a-changing.
In the case at hand, the record begins in the late 1970s, when
Landrigan was working and thieving in Oklahoma. In 1982 he
murdered Greg Brown, whom he called his "best friend," and began
a 40-year sentence in prison. While in prison he nearly killed
another inmate: "I stabbed him 14 times." On Nov. 10, 1989, he
escaped and fled to Phoenix. Three days later he fell in with
Chester Dyer. Hard luck for Dyer. Landrigan strangled him,
stabbed him repeatedly, and left his mutilated body on the bed
they had occupied.
Landrigan was soon caught. A state jury convicted him of first
degree murder. After Arizona courts affirmed the conviction and
sentence, Landrigan went into federal court on habeas corpus. He
lost before District Judge Roslyn O. Silver but won a split
decision on appeal to the 9th Circuit. There Judge Michael
Hawkins spoke for the majority in concluding that the defendant's
counsel, Dennis Farrell, had failed to defend him adequately. The
defendant therefore deserved a fresh hearing on unheard evidence
that might have led to a lesser sentence.
Specifically, Judge Hawkins ruled that Farrell should have
dwelled upon such factors as these: "his biological mother's use
of drugs and alcohol during gestation, his adoptive mother's
alcoholism and its adverse effect on Landrigan's upbringing, and
information regarding his biological father and his family
history of violence." Landrigan was entitled to the testimony of
a medical expert who would assist "in establishing mitigating
evidence regarding the effects of drug and alcohol use on a
developing fetus." The defendant's trial counsel had failed to
develop evidence regarding "criminal psychobiology and congenital
determinants."
James J. Kilpatrick
James J. Kilpatrick has been reporter, editor, columnist, commentator, and briefly an adjunct professor of journalism.
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