Court rejects appeal for death row inmate who killed 2

Court rejects appeal for death row inmate who killed 2 in Richardson in 1992


The Texas Court of Criminal Appeals rejected an appeal Wednesday from a death row inmate condemned for a robbery 15 years ago at a Richardson sporting goods store where two employees were fatally bludgeoned with a hammer and nearly decapitated.

The U.S. Supreme Court in February had returned the case of condemned prisoner Joseph Lave, 43, to the state's highest criminal court for additional review after his lawyers argued that his trial attorneys weren't able to cross-examine a co-defendant and challenge damaging statements the co-defendant made. The co-defendant, Timothy Bates, refused to testify for Mr. Lave, and a police officer from the witness stand told jurors at Mr. Lave's trial of his interview with Mr. Bates.

Mr. Lave's attorneys argued new procedures under a Supreme Court ruling – issued after Mr. Lave's conviction – wouldn't allow such testimony now and should be made retroactive. The Court of Criminal Appeals ruled that the high court decision the appeal was based on does not require retroactivity.

The 2 slaying victims, Justin Marquart and Frederick Banzhaf, both 18, along with the store's assistant manager, Angie King, were surprised by 3 intruders who got into the store in Richardson just after it had closed the night before Thanksgiving 1992. Mr. Marquart and Mr. Banzhaf were killed, but Ms. King, then 22, survived.

(source: Associated Press)