High Court Reverses Death Sentence, Cites Juror Error

The state Supreme Court reversed a convicted murderer’s death sentence Monday, finding that a juror was guilty of misconduct for misstating to fellow jurors a basic legal principle in the case.

The court, noting that it is the judge’s job to instruct jurors on the law, was particularly critical of the juror, Louis Knapp, because he backed up his legal explanations by emphasizing to jurors that he was a retired Los Angeles police officer.

“He did not keep his erroneous advice to himself,” Justice Stanley Mosk said in the 6-1 ruling. “Rather, vouching for its correctness on the strength of his long service as a police officer, he stated it again and again to his fellow jurors and thus committed overt misconduct.”

At issue was whether Laird Gene Stankewitz robbed two hikers before killing one of them, Richard Burrell, in November, 1980. Burrell and Scott Whelan, who were studying rock formations, happened by Stankewitz’s cabin, which was in an isolated part of the desert above Death Valley.

Demanded Wallets

Stankewitz, gun drawn, demanded that Whelan and Burrell give him their wallets, examined the wallets and threw them back, the court said. Knapp told the other jurors that Stankewitz’s action amounted to a robbery.

The question of whether a robbery occurred was critical because if there was no robbery, Stankewitz could not be sentenced to death for the crime charged--murder committed during the course of a felony.

“No evidence has been offered, admissible or not, to rebut the presumption that (Knapp’s statements) affected the deliberations of the other jurors,” Mosk wrote. The case was returned to Inyo County for retrial.

Dissenting Justice Malcolm Lucas criticized the majority for failing to give the prosecution a chance to rebut defense allegations of juror misconduct. Prosecutors had asked the court to return the matter to a lower court to allow testimony from all 12 jurors about Knapp’s statements.

Based on Affidavits

As it was, Monday’s decision was based on the affidavits of two jurors who told Stankewitz’s appellate attorneys of Knapp’s remarks during deliberations. One of the jurors specifically stated that he was not influenced by the comments.

Lucas also chastised the majority for accepting Stankewitz’s claim because it was not discovered until three years after the trial and, once discovered, was not revealed to the court for another year. Mosk concluded that in the future, lawyers who make such discoveries must tell the court without delay.

Stankewitz is a cousin of another Death Row inmate, Douglas Stankewitz, whose conviction was reversed in 1982, said Deputy Atty. Gen. Robert Foster, who argued Monday’s case before the high court.

It was the 38th reversal of the 41 death-penalty cases decided by the court since capital punishment was reinstated in California eight years ago.