Man Loses Appeal After 30 Years On Death Row

Alabama Murder A federal appeals court has denied Thomas Whisenhant's bid to challenge his conviction for the 1976 rape and murder of a Theodore woman.

by The Associated Press

Published: Tue, February 03, 2009 - 5:16 pm CST Last Updated: Tue, February 03, 2009 - 5:21 pm CST

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.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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Hate-it Says:

Thu, Feb 26, 2009 at 4:18 pm

Why did it take so long. He is a monster. I knew Cheryl and her husband Doug. It has just made me sick what happened to her and he thinks he deserves anything less than death, he is a stupid man. Payback is near Cheryl and Doug.

carl Says:

Wed, Feb 04, 2009 at 10:52 am

As much as I dislike to see anyone see or anything put to death,I believe it’s way over due in Thomas Whisenhant’s case.The way he came back to the bodies to further mutilate them says he would be a real threat to the community should he ever escape.