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U.S. Court Overturns Man’s Death Sentence

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A federal appeals court overturned a Los Angeles man’s death sentence Monday, saying that the trial judge did not clarify to jurors what evidence might justify leniency.

The judge’s error could have led jurors to ignore most of the defense case against a death sentence, said the 9th U.S. Circuit Court of Appeals in a 7-4 ruling that mandates a new penalty trial for Charles E. McDowell Jr.

McDowell, 44, was convicted of murdering Paula Rodriguez, a house cleaner at a residence in his neighborhood, after an attempted rape in May 1982.

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During sentencing deliberations, jurors sent Judge Aurelio Munoz a note saying they were split 11-1 for death and asked Munoz for guidance on what evidence should be considered in McDowell’s favor. Munoz referred jurors to his previous instructions, which said they could consider any aspect of McDowell’s character or history offered as a basis for leniency.

But in Monday’s ruling, the court said that Munoz, by merely referring jurors to his previous instructions, did not meet his duty to clear up their misunderstanding.

The jurors’ note showed that they were confused by the previous instructions, therefore it was not adequate for Munoz to refer them to his initial directions, the opinion said.

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