Judge Orders Death Row Inmate Freed

A man who has been on death row for 16 years in the stabbing death of his roommate was ordered freed within five days by a judge Wednesday because state lawyers missed a deadline in the case.

The inmate, Calvin Jerold Burdine, 46, is being held unconstitutionally, U.S. District Judge David Hittner ruled. However, Hittner gave prosecutors the option of retrying Burdine.

Burdine’s murder conviction was thrown out last year by Hittner because his lawyer allegedly slept through long segments of his 1984 trial.

The judge gave the state 120 days to give Burdine a new trial or free him. That time ran out in late January.

In his ruling, Hittner said the state must adhere to the same rules as defendants. “A similar procedural error by defense counsel in a capital case could result in a defendant’s execution,” Hittner wrote.

The state plans to appeal to the U.S. 5th Circuit Court of Appeals to keep Burdine in prison.

Burdine’s attorneys met the ruling with guarded optimism.

“He understands that this fight isn’t over yet,” attorney Robert L. McGlasson said after telephoning the news to his client. “But it was very nice to share a conversation with him about the meals he wants to have with his elderly parents.”

Burdine was convicted of the 1983 stabbing death of W. T. Wise. Burdine told police he argued with Wise and moved out of their trailer because Wise, 50, wanted him to work as a prostitute. He claims another person stabbed Wise.

Burdine said last month that if released he could make his home either at Lake Livingston, 75 miles northeast of Houston, or go to Oklahoma.

“The state of Texas don’t have to worry about Calvin Burdine. We’ve got 80 acres in Oklahoma and I can get out there and fish and relax--out of sight and out of mind. I don’t want them to think I’m going to roar down those streets and in those bars. I’m not like that any more.”

Unless the appeals court steps in, Burdine must be freed by Monday. A spokesman for the Texas Department of Criminal Justice said the judge’s orders would be obeyed.