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Friday, April 25, 1997

Lawyers for judge's killer seek new trial

SAN ANTONIO (AP) - Defense attorneys for Charles Harrelson are seeking a new trial, claiming his civil rights were violated in his 1982 trial for the murder of federal Judge John H. Wood Jr.

The request was filed in San Antonio by lawyers John Cline of Albuquerque, N.M., and Bill May of Corpus Christi. The attorneys refused to comment on the contents of the petition.

"We are asking that it be sealed," Cline said.

U.S. District Judge H.F. "Hippo" Garcia was assigned the case and has not yet ruled on whether the keep the court document secret from the public, an assistant to the judge said Thursday.

In part, the document filed Wednesday alleges the government suppressed evidence that could have been favorable to Harrelson in his trial, the San Antonio Express-News reported, citing unidentified sources.

Harrelson was convicted of shooting Wood to death as he stepped from his San Antonio townhouse to get into his car on May 29, 1979. Harrelson is serving a life sentence in a Colorado federal prison.

Prosecutors alleged El Paso drug dealer Jimmy Chagra paid for the murder of Wood, who was nicknamed "Maximum John" for his tendency to give tough sentences to drug dealers.

Chagra was acquitted on murder and murder conspiracy charges but was convicted on other charges. He later pleaded guilty to conspiring to murder a federal prosecutor and is in prison on a life sentence.

Harrelson's new defense team is led by David Michael of San Francisco. Harvard Law School professor Alan Dershowitz - known for his involvement in high-profile criminal cases, including O.J. Simpson's - also reportedly is in on the Harrelson case, according to the Express-News.

Dershowitz's office declined to comment.

Cline would not say whether Harrelson's son, actor Woody Harrelson, was paying for the new legal team.

It was apparent the filing had to be made by Thursday or not at all under the rules of the Anti-terrorism and Effective Death Penalty Act signed into law by President Clinton last year.

The law states this type of appeal by a state or federal prisoner from now on must be filed within a year after a conviction becomes final. In the past, such an appeal could be filed at any time.

Federal courts generally have allowed a grace period that ended Thursday for those with past convictions who want to file the appeal.

Ray and LeRoy Jahn, the husband-and-wife federal prosecutors who handled the Harrelson case, said if there is a hearing on the new trial request they expect to be involved because of their background in the case.

The Jahns currently are working in Little Rock, Ark., on the Whitewater investigation. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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