Missouri Supreme Court Overturns Murderer's Death Sentence

JEFFERSON CITY, Mo. — The Missouri Supreme Court overturned a man's death sentence Tuesday because his attorney failed to question the character of a murder victim who had child pornography on his computer.

The high court acknowledged in its unanimous ruling that character evidence about murder victims typically is barred. But when relatives of victim Ralph Lape Jr. testified about his generous character during the sentencing phase of Mark Gill's murder trial, defense attorneys should have countered by highlighting the smut on Lape's computer, the Supreme Court said.

Had Gill's attorneys done so, the Supreme Court said, jurors may have been less inclined to sentence him to death for the July 2002 kidnapping, robbery and shooting. The Supreme Court sent the case back to a lower court for a potential new sentencing hearing.

Gill was living in a camper trailer on Lape's rural Cape Girardeau County property at the time of the slaying, according to court records. When Lape took a Fourth of July weekend trip to a Kentucky lake, Gill remained behind and one of his friends, Justin Brown, found papers in Lape's home indicating he had a large amount of money in the bank.

Gill and Brown then plotted Lape's murder, kidnapped him when he arrived home and drove Lape to a rural area near Portageville where he was shot in the head and buried, according to court records. Gill and Brown each fingered the other as the triggerman during their separate trials. But Gill was sentenced to death and Brown to life in prison.

About a month before Gill's trial, prosecutors provided defense attorneys with a police report listing the file folders and directories found on Lape's computer, which Brown and Gill had used to transfer $55,000 from his bank account. The report included a list of instant message accounts with sexually explicit names.

The Supreme Court said that should have alerted Gill's defense attorneys to inquire about the computer's contents or interview the police officer who prepared the report. Because they did neither, defense attorneys were unaware that Lape's computer contained images of child pornography and bestiality and instant messages about sexual conversations.

"When the state introduced evidence of the victim's good character in the penalty phase, Gill's counsel should have rebutted the state's good character evidence with the sexually explicit contents of the victim's computer," the Supreme Court said in an opinion written by Judge Mary Russell.

Attorneys for Brown, whose trial occurred after Gill's, requested a copy of the victim's computer contents. Lape's relatives toned down their good-character references during the penalty phase of Brown's trial, so the computer pornography never was used as a rebuttal, the Supreme Court said.

If prosecutors go forward with a new sentencing hearing for Gill, he will be assigned different public defenders than those who originally handled his case, said attorney William Swift, who argued Gill's case on appeal.

Swift also had sought unsuccessfully to overturn Gill's conviction based on ineffective aid by his attorneys.

"We're happy that the court has ordered what it did. Obviously a new penalty phase is a good result for Mr. Gill," Swift said.

Cape Girardeau County prosecutor Morley Swingle was not immediately available Tuesday for comment, his office said.


Source: AP

Beauty Queen Dies After Cosmetic Surgery on Her Buttocks

BUENOS AIRES, Argentina — A 38-year-old former Miss Argentina has died from complications after undergoing cosmetic surgery on her buttocks.

Solange Magnano, a mother of twins who won the crown in 1994, died of a pulmonary embolism Sunday after three days in critical condition following a gluteoplasty in Buenos Aires.

Close friend Roberto Piazza said the procedure involved injections and the liquid "went to her lungs and brain."

"A woman who had everything lost her life to have a slightly firmer behind," he said.

Magnano's burial Monday was shown on Argentine television.

Dr. Gonzalo Cortes y Tristan said she arrived at his hospital with an acute respiratory deficiency. Her condition deteriorated until she suffered the embolism.


Source: AP

6 Accused in Alleged Homecoming Gang Rape of Girl, 16, Plead Not Guilty

RICHMOND, Calif. — Six defendants accused in the gang rape of a 16-year-old Northern California girl have pleaded not guilty.

The males, who range in age from 15 to 21, entered their pleas to rape and other charges Tuesday in Contra Costa County Superior Court.

Three juveniles — 15-year-old Cody Ray Smith, 16-year-old Ari Morales and 17-year-old Marcelles Peter — are being charged as adults. The other defendants are Jose Montano, Manuel Ortega and Elvis Torrentes.

Investigators believe as many as 10 people raped the victim, while another 20 or so watched without calling police outside Richmond High School's homecoming dance on Oct. 24.


Source: AP