California IN BRIEF : SAN FRANCISCO : Harris Awaits Ruling on Death Penalty

On his 39th birthday Wednesday, condemned double killer Robert Alton Harris awaited the U.S. Supreme Court’s verdict on what may be his final appeal to stave off execution. Harris’ lawyers filed papers with the high court arguing that a San Diego jury would not have sentenced him to death if the psychiatrists aiding his trial lawyer had been competent and detected his longstanding brain damage. If the court refuses to hear his case, Harris could die in the gas chamber as soon as this spring. Deputy Atty. Gen. Louis Hanoian said the state would file arguments within 30 days asking the court to reject the appeal. After a brief period for defense lawyers to reply, the court normally reviews the case. If the appeal is dismissed, a hearing will be set within 10 days before a judge in San Diego, who could set a new execution date 30 to 60 days later. Harris could also seek clemency from Gov. Pete Wilson. He was convicted of the 1978 murders of two San Diego teen-agers.