Byrd Conviction

POSTED BY: News Department
Saturday, November 17, 2001 - 12:17 PM
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Defense attorneys for a man facing execution for a slaying he says he didn't commit asked a federal magistrate yesterday to recommend that the death sentence be overturned. In a filing on behalf of John Byrd, the Ohio public defender's office says evidence presented at last week's hearing in Dayton before U.S. magistrate Michael Merz shows that John Brewer was the actual killer and that Bryd is guilty only of involuntary manslaughter. But prosecutors told Merz that Brewer's testimony wasn't believable and that failure by the public defender's office to previously disclose several additional affidavits from Brewer makes him less believable. The sixth circuit court of appeals postponed Byrd's execution in September to allow for an investigation of his claims of innocence by Merz.

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