U. S. SUPREME COURT REVERSES DEATH PENALTY FOR ATTORNEY’S FAILURE TO PRESENT MITIGATING EVIDENCE

The United States Supreme Court granted the writ of habeas corpus of George Porter, Jr. in so far as it reversed a finding of the Florida Supreme Court that he be sentenced to death.

Porter was convicted of the murder of his ex-girlfriend and her boyfriend. In the penalty phase of the trial the only evidence admitted on his behalf was the testimony of his ex-wife and the reading of sections of a disposition regarding his relationship with his son and evidence about his behavior when intoxicated. After the trial he filed a writ of habeas corpus charging incompetence of counsel during the penalty phase of the trial.

At the hearing on the writ considerable evidence came out that could have been used at the penalty phase. He was a decorated Korean War hero. He had fought valiantly during some of the most horrendous battles. As a result he probably suffered from post traumatic stress syndrome. His childhood was extremely abusive. His father attacked him frequently. His father often attacked his mother in his presence. He was considered a slow learner and he had to go to special classes.He quit school at age 12 or 13. A psychiatrist testified that he suffered from brain damage.

Yet the trial attorney did no investigation and none of this evidence was admitted at the penalty phase. The trial court and the Florida Supreme Court did not make findings on whether the trial attorney was incompetent. But they ruled that even if the evidence had been admitted it would not have made a difference. They pointed out that he had gone AWOL while in the military and in their opinion this would have discounted the military evidence. They pointed to the government psychiatrist who without seeing Porter testified that he did not have post traumatic stress syndrome.

Based on this evidence the Supreme Court found that there is “a probability sufficient to undermine confidence in [that] outcome” and granted the writ in so far that it reversed the death penalty.