Lawyers for Houston child killer Timothy Wayne Adams said they would appeal to the U.S. Supreme Court in a last-effort to save the former security guard's life. Adams is scheduled for execution on February 22, 2011 at the Texas State Penitentiary at Huntsville.
Adams' attorneys argued that a 2007 ruling in a Beaumont, Texas baby killing should be applied retroactively to his case, reported the Houston Chronicle.
In the Beaumont case, Kenisha Berry was convicted of murdering her newborn son and sentenced to death. The Texas Court of Criminal Appeals found that evidence showed Berry had proved dangerous only to her children whom she wished to conceal from a favorite mate. The low likelihood of her becoming a parent while in prison made it "unlikely" she would constitute a future danger, the court found in agreeing to commute her sentence to life in prison, according to the Chronicle.
Attorneys argued that Adams' violence was limited to his son, and that his prison record — the killer arrived on death row in April 2003 - has been exemplary.
"For the same reasons that the finding of future dangerousness was overturned in Berry, this court should overrule the finding of future dangerousness in Mr. Adams' case," Attorney David Dow told the Chronicle.
To read more: http://www.chron.com/disp/story.mpl/metropolitan/7439594.html
Michael Thomas Gargiulo, Pretrial Hearing 43
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