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A6   U.S. NEWS
              Thursday 1 december 2016
            Lawyers:                                                                                                            Judge adds $5M to

            Executing Georgia inmate would be unconstitutional                                                                    McQueary’s $7M
                                                                                                                                 Penn State verdict
            KATE BRUMBACK                                                                          higher  chance  of  getting
            Associated Press                                                                       death.                       MARK SCOLFORO
            ATLANTA (AP) — The act of                                                              “Thus  by  ordering  the  in-  Associated Press
            executing a Georgia death                                                              fliction  of  (Sallie’s)  execu-  HARRISBURG, Pa. (AP) — A
            row  inmate  scheduled  to                                                             tion on December 6, 2016,    former Penn State assistant
            die  next  week  would  vio-                                                           Georgia  has  selected  Mr.   football coach’s treatment
            late his constitutional rights,                                                        Sallie to be executed from   by  the  school  after  Jerry
            his  lawyers  argued  in  a                                                            a pool of individuals assem-  Sandusky   was   arrested
            court filing Wednesday.                                                                bled by a flawed scheme,”    entitles  him  to  more  than
            William  Sallie,  50,  is  sched-                                                      his lawyers argue.           $12  million,  a  judge  said
            uled  for  execution  Tues-                                                            That  Georgia  obtains  an   Wednesday in a ruling that
            day.  He  was  convicted  in                                                           execution  order  from  a    substantially increased last
            the  March  1990  slaying  of                                                          judge  simply  by  request-  month’s jury award.
            his father-in-law.                                                                     ing one and then sets and    Judge Thomas Gavin ruled
            While his lawyers assert that                                                          carries out an execution in   in  favor  of  Mike  Mc-
            the  imposition  of  a  death                                                          a very short timeframe de-   Queary’s     whistleblower
            sentence by a jury is, itself,                                                         nies  a  death  row  inmate   claim  ,  adding  more  than
            unconstitutional,  that’s  not                                                         due  process,  the  petition   $5 million to the $7.3 million
            the  issue  they’re  raising  in                                                       says.  Under  state  law,  a   jury verdict for defamation
            the petition filed the Supe-                                                           Georgia  execution  order    and misrepresentation.
            rior  Court  of  Butts  County,                                                        sets a seven-day period for   “Only when the ‘Sandusky
            which is the county where                                                              the execution to be carried   Matter’  became  public
            Georgia’s  death  row  is  lo-                                                         out  that  “shall  commence   was  Mr.  McQueary  sub-
            cated.  Instead  they  argue                                                           not less than ten nor more   jected  to  disparate  treat-
            that the act of carrying out                                                           than 20 days from the date   ment  and  adverse  em-
            the execution next week in                                                             of the order.”               ployment  consequences,”
            Georgia  would  be  uncon-                                                             By contrast, Texas law says   Gavin  wrote.  He  said  the
            stitutional.                 This  Georgia  DOC  photo  shows  William  Sallie.  Lawyers  for  the   an execution date may not   decision  to  order  Mc-
                                                                                                                                Queary  to  keep  out  of
            The  state  attorney  gen-   Georgia death row inmate scheduled to die next week say the   be earlier than the 91st day   athletic facilities after plac-
            eral’s office did not imme-  act of executing their client would be unconstitutional. Sallie is   after a judge enters the or-  ing  him  on  administrative
            diately  have  a  comment    to be executed Tuesday, Dec. 6, 2016. He was convicted in the   der. Even Texas, which has   leave  with  pay  in  Novem-
            Wednesday,  spokeswom-       March 1990 slaying of his father-in-law.                  executed far more inmates    ber 2011 “was the equiva-
                                                          (Georgia Department of Corrections via AP)
            an  Katelyn  McCreary  said                                                            than any other state since   lent of banishment.”
            in an email.                 out,” his lawyers argue.     tion  date  set,  while  Sallie   the  death  penalty  was  re-  The  judge  said  McQueary
            Executing  Sallie  would  be   While a Georgia death row  is  the  only  one  in  Georgia   instated  in  1976,  gives  in-  was  humiliated  in  several
            arbitrary,  and  thus  would   inmate  is  generally  set  for  and his execution date was   mates a longer window of   respects,  including  “being
            amount to unconstitutional   execution  soon  after  his  set  within  days  of  his  ap-  time  to  file  challenges  in   told to clean out his office
            cruel  and  unusual  punish-  post-conviction   appeals  peals ending.                 the  courts,  Sallie’s  lawyers   in  the  presence  of  Penn
            ment,  and  would  also  vio-  are  exhausted,  those  in  They  also  cite  studies  that   argue.                 State personnel, an action
            late  his  rights  to  due  pro-  other  states  often  linger  have found that the death   After  cutting  his  in-laws’   that suggests he had done
            cess, the petition says.     in  prison  long  beyond  the  penalty is disproportionate-  phone  lines  and  breaking   something wrong and was
            “The  dramatic  difference   completion  of  those  ap-   ly  imposed  based  on  the   into their house about 12:45   not to be trusted.”
            between  prisoners  under    peals, in effect a life prison  race of the defendant and   a.m. March 29, 1990, Sallie   McQueary  has  testified
            sentence of death in Geor-   sentence,  Sallie’s  lawyers  the victim, as well as where   went  to  the  master  bed-  that  in  February  2001  he
            gia and those in almost ev-  argue. They note that there  in the state the crime hap-  room  and  shot  John  and   reported   to   then-head
            ery  other  jurisdiction  that   are  at  least  18  California  pened.  When  the  victim  is   Linda Moore, according to   coach  Joe  Paterno  and
            has  the  death  penalty  is   death  row  inmates  who  white  and  the  crime  hap-  a  Georgia  Supreme  Court   to  two  high-ranking  ad-
            that  the  vast  majority  of   have  completed  their  ap-  pened in a rural area, both   summary of the case. John   ministrators  that  he  had
            death    sentences    else-  peals  but  who  remain  on  of  which  are  true  in  Sal-  Moore died from his injuries,   just  seen  Sandusky,  at  the
            where will never be carried   death  row  with  no  execu-  lie’s  case,  there  is  a  much   and his wife was injured.  time retired as the school’s
                                                                                                                                defensive  football  coach,
              Lawsuits challenge abortion restrictions in 3 states                                                              sexually  abusing  a  boy  in
                                                                                                                                a  team  shower.  Those  of-
                                                                                                                                ficials did not contact po-
            DAVID CRARY                  pregnancy,”  said  Planned  lenged in Missouri are simi-  “A woman must be able to     lice, but when investigators
            AP National Writer           Parenthood’s  chief  medi-   lar  to  those  that  the  high  make  health  decisions  at   began  looking  into  new
            NEW  YORK  (AP)  —  Taking  cal officer, Dr. Raegan Mc-   court struck down in Texas.  different points in her preg-  complaints   about   San-
            the  offensive  after  Elec-  Donald-Mosley.              They require abortion clinics  nancy that are best for her   dusky  nearly  a  decade
            tion Day setbacks, Planned  McDonald-Mosley         was  to meet physical standards  circumstances,     including   later,  someone  suggested
            Parenthood  and  its  allies  joined  at  a  teleconfer-  for  surgical  centers  and  whether to end a pregnan-    they interview McQueary.
            filed  lawsuits  Wednesday  ence  by  attorneys  from  mandate that their doctors  cy,  without  interference       McQueary has testified he
            in  North  Carolina,  Missouri  the American Civil Liberties  have admitting privileges in  from politicians,” said Irena   heard  sexually  suggestive
            and  Alaska  challenging  Union  and  the  Center  for  nearby hospitals.              Como,  staff  attorney  for   sounds when he went into
            laws  that  they  view  as  un-  Reproductive Rights, which  Partly  as  a  result  of  those  the ACLU of North Carolina.  the  locker  room  late  on
            constitutional restrictions on  are  partners  in  the  litiga-  laws,  only  one  licensed  The  lawsuits  were  an-  a  Friday  night,  then  saw
            abortion.                    tion. The attorneys said the  abortion   clinic   remains  nounced  as  supporters  of   Sandusky abusing the boy
            “We  are  going  to  fight  lawsuits  are  a  follow-up  to  in  operation  in  Missouri.  abortion  rights  brace  for   in  the  shower.  He  did  not
            back  state  by  state  and  a major U.S. Supreme Court  To  reach  that  clinic  in  St.  renewed  anti-abortion  ef-  physically  intervene  but
            law by law until every per-  decision  earlier  this  year  Louis,  some  women  must  forts at the state and feder-  said  the  two  separated
            son has the right to pursue  that  struck  down  tough  drive  more  than  300  miles,  al level in the aftermath of   and  he  left  the  athletics
            the life they want, including  abortion laws in Texas.    Planned  Parenthood  offi-   the  sweeping  Republican    facility, highly disturbed by
            the right to decide to end a  The restrictions being chal-  cials said.                victories on Election Day.   what  he  had  witnessed.
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