Man Loses Appeal After 30 Years On Death Row

MOBILE, Ala. (AP) - A federal appeals court has denied Alabama
death row inmate Thomas Whisenhant's bid to challenge his
conviction for the 1976 rape and murder of a Theodore woman.

The 11th U.S. Circuit Court of Appeals on Tuesday denied
Whisenhant's petition, which claimed he had ineffective counsel at his 1981 retrial, the state held back key evidence, prosecutors
were unfair in closing arguments and there was judicial bias in a
1987 penalty phase proceeding.

Whisenhant, whose 1977 conviction and death sentence were
overturned, was convicted of capital murder in his 1981 retrial for
the rape and murder of convenience store clerk Cheryl Payton.

The 11th Circuit ruled that Whisenhant received effective
assistance of counsel at his 1981 trial because his lawyer made a
reasonable, strategic decision not to present evidence of insanity.

Whisenhant was accused of mutilating the victim's body and
raping and killing two other convenience store clerks, and
mutilating the body of one.


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