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Saturday, June 02, 2007
Ind. Decisions - More on: Supreme Court sets date for Lambert execution
INDIANAPOLIS -- The state asked a federal court of appeals yesterday not to grant a stay of execution for a man scheduled to die by lethal injection in two weeks for killing a Muncie police officer.
The state also asked the 7th U.S. Circuit Court of Appeals in Chicago not to grant Michael Lambert a new sentencing hearing, arguing that he has used up his appeals. * * *
In its filing yesterday, the attorney general's office argued that the only way that Lambert should be allowed another hearing is if he can "prove that he is actually innocent of murdering Officer Winters."
Lambert doesn't deny shooting Winters. * * *
Attorneys for Lambert argued in a motion Thursday that he deserves a new hearing because of a U.S. Supreme Court ruling last year.
They contend that the jury should not have heard from Winters' widow, Molly, about the effect that her husband's death had on her family before handing down the sentence.
The Indiana Supreme Court has ruled that the jury should not have heard the statements, but concluded that the aggravating circumstances outweighed the mitigating circumstances and affirmed his death sentence.