Harris Appeal Rejected; Execution Date to Be Set
SAN DIEGO — A federal appeals court has rejected the latest legal appeal by Robert Alton Harris, clearing the way for a judge Friday to set a date for the convicted killer’s execution.
The U.S. 9th Circuit Court of Appeals, in a ruling issued after the close of business last Friday, flatly turned down Harris’ bid to review what defense lawyers called “startling new evidence” that allegedly militates against his death sentence.
The court also indicated that it was unlikely to consider any appeals, saying that this latest bid was “untimely” and noting that last week the U.S. Supreme Court had rejected Harris’ plea for mercy for the fifth time.
Unless the 9th Circuit Court reverses course and intervenes, Harris is likely to become the first inmate to be put to death in California since 1967. This Friday, a San Diego judge is to set an execution date, probably in April or May.
Harris, 39, was convicted of the 1978 murders of two 16-year-old San Diego boys, John Mayeski and Michael Baker, killing them after stealing their car for use in a bank robbery. He abducted the teen-agers from a fast-food restaurant.
The ruling may have signaled an end to the long-running legal battle between state prosecutors and the 9th Circuit Court.
“It means that the 9th Circuit is finished with the case,” said Louis R. Hanoian, deputy attorney general in San Diego.
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