ige 8/The Battalion/Thursday, November 3, 1983
iutry’s case sent back
o Texas federal court
United Press International
JEW ORLEANS — A federal
)eals court in New Orleans
dnesday remanded the case
convicted murderer James
)wboy” Autry back to a Texas
eral court for an evidentiary
tring.
Autry, who came within 31
lutes of execution by lethal
iction on Oct. 5 in Huntsville,
ims his trial attorney was in-_
effective, the Texas death penal
ty is cruel and unusual punish
ment and does not address the
proportionality issue.
The question of proportion
ality — whether some inmates
are sentenced to death for
crimes that result in life sent
ences for others — led U.S. Sup
reme Court Justice Byron White
to grant the llth-hour stay.
White also granted a certifi-
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y
cate of probable cause, with
which the 5th U.S. Circuit Court
of Appeals Wednesday concur
red and sent the case to the fed
eral court in Marshall.
The Texas attorney general
earlier this week asked the high
court to lift the stay, but the jus
tices refused.
Jim Mattox said the high
court decision could prevent
Texas from carrying out its
“necessary duties in death pen
alty cases” until next spring.
White’s slay remains in effect
until the high court rules in a
California case, which addresses
the proportionality issue.
Arguments on the case are
scheduled for this month and a
ruling is not expected until next
spring.
Autry’s brush with death by
injection was the third time he
has come close to being ex
ecuted, but each time stays were
issued by appeals courts.
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FBI accused of frame-up
Murderer was ‘encouraged!
United Press International
ALBUQUERQUE, N.M. —
Marion Albert Pruett, convicted
of murder in four states, said in
secret court documents the FBI
encouraged him to frame a man
for a Georgia prison killing that
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he had committed, a newspaper
said Wednesday.
The Albuquerque I ribune
said that in exchange for the tes
timony, Pruett was offered en
rollment in the federal pro
tected witness program, where
he was given a new identity and
moved to New Mexico.
Pruett, a self-described
“mad-dog” killer, was convicted
in four states of killing people
during a cross-country crime
spree that followed his release
trom the Georgia prison. He is
scheduled to be executed in Mis
sissippi Dec. 7.
The Tribune said Pruett gave
a court-ordered, secret deposi
tion about the 1978 killing of
William Zambito at the Atlanta
Metropolitan Correctional Cen
ter. The transcript of his testi
mony has remained sealed.
The newspaper, which did
not specify where it obtained the
testimony, quoted Pruett as tes
tifying he killed Zambito in
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followed by a
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Thursday Nov.3 7:30 PM
starting in Room 140 MSC
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March 1978 after an innui<|
identified as A1 Benton pu;
the word that he wouldpat|
have Zambito killed. Zam
was a federally protected wit
who had been scheduled toj
lify against Benton.
A short time later, the"
bune said, Pruett was tait:|
another institution whmf
FBI approached him atis
blaming the killing on ~
He said when he balked ate
an aide to Rep. Wyeth Fowlej
Georgia promised that he J
be entered in protected wit
program.
“(The FBI said) if youd
for the government andf
them that A1 Benton donti
killing, then Congrcsq
Wyeth Fowler will helpyoi
into the federal witness prtt
lion program, and you
released to the street a freti
with a new identity,” the:
paper quoted Pruett as
The Tribune said PructiK
lied that the governments
big troubk* because
was killed, but by blaminc
Benton, government off
would be “happy because lx
they lost Zambito, theystfflj
Big A1 (Benton), OK?"
The Justice Department
cials declined commeml
Pruett’s allegation, but thtl
bune said an FBI officials
requested anonimity calW|
“nonsense."
The Tribune said Pruettit
fied that he made a misii
when he testified against I
and the murder chargu
dropped. Benton walcomn
of conspiracy.
Ffi. Nov,^)' 11
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