Post by SoulTrainOz on Jun 27, 2006 19:51:42 GMT -5
Judge John Hyde rejects appeal by Clinton Lee Young
In a detailed 121-page ruling, District Judge John Hyde on Monday upheld the 2003 capital murder conviction and death sentence of Clinton Lee Young.
The 238th District Court jurist presided over appellate hearings for 2 weeks in March to examine the now 22-year-old East Texas double murderer's request for a new trial. "The defendant asserted 15 separate grounds for voiding his conviction, but the evidentiary hearing focused primarily on the claim of ineffective counsel," Hyde wrote to Assistant District Attorney Ralph Petty and defense lawyer Ori White of Fort Stockton.
"Contrary to his allegations, the testimony and record demonstrate he had well-qualified trial and appellate counsel who presented a zealous defense, vigorously challenging the state's evidence. The trial court finds the defendant's claims to be without merit.
"The conviction and punishment should be upheld."
Hyde's ruling will be reviewed by the Texas Court of Criminal Appeals in Austin, which last September overruled more than 30 different claims by Young.
He was represented by court-appointed attorneys Paul Williams and Ian Cantacuzene at his trial and his appeal was handled by J.K. "Rusty" Wall.
White on Monday said testimony that Austin private investigator Lisa Milstein allegedly used cocaine to persuade one of Young's brothers to falsely claim the defendant was sexually abused as a child "had a very unfortunate impact" on the defense. "I do not believe Ms. Milstein is licensed any longer as an investigator," White said.
"Many events in Clint's life had a serious adverse impact on him and there are many things concerning this case that I think are troubling to all of us."
The attorney was asked if Young's admitted methamphetamine addiction was a factor in his November 2001 carjacking murders of Doyle Douglas of Ore City and Samuel Petrey of Eastland. "I think meth is one of the most serious drugs affecting society today," White said.
If the Austin court refuses Young a new trial or punishment phase hearing, his appeal will be considered by the 5th U.S. Circuit Court of Appeals in New Orleans, White said. Efforts to reach Petty were unsuccessful.
Hyde noted in his ruling that defense claims the then-18-year-old Young had been influenced by spending time at an Ore City motel "where drug use and criminal activity were rampant." But he said the defense did not explain "how that is relevant evidence to reduce the applicant's moral culpability for killing Doyle Douglas or Samuel Petrey.
"Such evidence does not tend to excuse or explain his criminal acts so as to make him less deathworthy."
Hyde quoted the trial testimony of Dr. Roy Mathew, a Texas Tech University psychiatry professor, who said Young "was definitely intoxicated with methamphetamine during the murder of Douglas and beyond a reasonable doubt was psychotic at that time."
However, the judge said, Mathew found Young "was in a state of
methamphetamine withdrawal" when Petrey was shot in the head with a .22 caliber semi-automatic pistol on a Midland County oil lease.
Noting self-inflicted alcohol or drug intoxication is not a defense for murder, Hyde wrote, "The court finds that any additional evidence the applicant was intoxicated on drugs at the time he shot Douglas or even Petrey would not in reasonable probability have affected or changed the jury's assessment of his punishment at death."
(source: Midland Reporter-Telegram)
In a detailed 121-page ruling, District Judge John Hyde on Monday upheld the 2003 capital murder conviction and death sentence of Clinton Lee Young.
The 238th District Court jurist presided over appellate hearings for 2 weeks in March to examine the now 22-year-old East Texas double murderer's request for a new trial. "The defendant asserted 15 separate grounds for voiding his conviction, but the evidentiary hearing focused primarily on the claim of ineffective counsel," Hyde wrote to Assistant District Attorney Ralph Petty and defense lawyer Ori White of Fort Stockton.
"Contrary to his allegations, the testimony and record demonstrate he had well-qualified trial and appellate counsel who presented a zealous defense, vigorously challenging the state's evidence. The trial court finds the defendant's claims to be without merit.
"The conviction and punishment should be upheld."
Hyde's ruling will be reviewed by the Texas Court of Criminal Appeals in Austin, which last September overruled more than 30 different claims by Young.
He was represented by court-appointed attorneys Paul Williams and Ian Cantacuzene at his trial and his appeal was handled by J.K. "Rusty" Wall.
White on Monday said testimony that Austin private investigator Lisa Milstein allegedly used cocaine to persuade one of Young's brothers to falsely claim the defendant was sexually abused as a child "had a very unfortunate impact" on the defense. "I do not believe Ms. Milstein is licensed any longer as an investigator," White said.
"Many events in Clint's life had a serious adverse impact on him and there are many things concerning this case that I think are troubling to all of us."
The attorney was asked if Young's admitted methamphetamine addiction was a factor in his November 2001 carjacking murders of Doyle Douglas of Ore City and Samuel Petrey of Eastland. "I think meth is one of the most serious drugs affecting society today," White said.
If the Austin court refuses Young a new trial or punishment phase hearing, his appeal will be considered by the 5th U.S. Circuit Court of Appeals in New Orleans, White said. Efforts to reach Petty were unsuccessful.
Hyde noted in his ruling that defense claims the then-18-year-old Young had been influenced by spending time at an Ore City motel "where drug use and criminal activity were rampant." But he said the defense did not explain "how that is relevant evidence to reduce the applicant's moral culpability for killing Doyle Douglas or Samuel Petrey.
"Such evidence does not tend to excuse or explain his criminal acts so as to make him less deathworthy."
Hyde quoted the trial testimony of Dr. Roy Mathew, a Texas Tech University psychiatry professor, who said Young "was definitely intoxicated with methamphetamine during the murder of Douglas and beyond a reasonable doubt was psychotic at that time."
However, the judge said, Mathew found Young "was in a state of
methamphetamine withdrawal" when Petrey was shot in the head with a .22 caliber semi-automatic pistol on a Midland County oil lease.
Noting self-inflicted alcohol or drug intoxication is not a defense for murder, Hyde wrote, "The court finds that any additional evidence the applicant was intoxicated on drugs at the time he shot Douglas or even Petrey would not in reasonable probability have affected or changed the jury's assessment of his punishment at death."
(source: Midland Reporter-Telegram)