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Show 0 Friday, October 18, 2002, THE DAILY HERALD, (www.HarkTheHeraldjKMn), Provo, Utah Page A13 Judge throws out conviction of two Florida boys accused of beating their father to death Prosecutors won the conviction of Alex and Derek King last month by arguing that Derek swung the bat But in a trial that ended a week earlier, they argued that an adult Mend of the boys committed the crime. The judge said he will order a new trial for the boys, and in the meantime will encourage, the prosecution and defense to work out a life because they were tried as adults. They were convicte ed of murder without a weapon, as well as arson, for setting the house on fire to cover the crime. "We're all ecstatic," said Linda Walker, the boys' maternal grandmother. "I saw Derek smile. I think they're happy about it Now they know they've got hope." The brothers' lawyers argued that prosecutor David Rimmer committed prosecutorial misconduct for pursu . By BILL KACZOR Associated Press Writer - A PENSACOLA, Fla. judge Thursday threw out the convictions of two boys, ages 13 and 14, in the slaying of their father, who was bludgeoned with a baseball bat as he slept. Circuit Judge Prank Bell said the boys' rights were violated by the uuisual and bizarre" way prosecutors simultaneously argued contradictory theories of the crime. second-degre- deal. The brothers were facing prison terms of 20 years to . ing the contradictory theories. The boys' adult friend, convicted child molester Ricky Chavis, was acquitted, but the verdict was sealed until the boys' trial was over. Jurors in the boys' trial said they believed Chavis was the real killer and that the brothers had only helped him commit the crime. Rimmer defended his handling of the two trials. He said he never actually argued Chavis was the killer, and instead left it to jurors to reasonable doubt of guilt" the professor said. Alex was 12 and Derek 13 last November when their father was killed in nearby Cantonment. Terry King, 40, was clubbed in the head with an aluminum baseball bat as he dozed in a recliner. Prosecutors said the boys did it because their father was too controlling and they wanted to live with Chavis, who let them smoke marijuana and stay up late watching decide. Christopher Slobogin, a law professor at the University of Florida, said the judge made the right decision. He said the judge recognized a need to rectify an appearance of injustice, if not actual injustice, in the way prosecutors pursued conflicting cases. "To many people, that smacked of risking inconsistent verdicts and allowing convictions when in fact there really wasn't proof beyond a television. ifW8i r V:V mm mm mm mm, mm mm mm ft mm lim tlMMMMMUHIIHmM CONVECTION RANGE! KfluillUIIIIIIIIIIUHMIIItlllillUIIMiUUIIIIIIIMIUmiUimul f- ass - m HOMeJfc APPLIANCES MiinnillllliiHmiiiniiiiiiiHiHinmiMiilk, Iside-by-sid- MMea auto e! Tllll I IIHIHHHUIIIIIII MHMH : - M Xv - ICONVEfcnON RANGE! I xf niiiuwHniiuuiiinHMBiiiiiniiiuiBiaiiiiiiiiiaaui . mi WhirmUOl r m 9 - vim" "rmi Whirlodol jfrv- III HWHir L AccuBake system. AccuSimmer - element 1 GE2 1 i. --arm : kj7Jl CElSCK J J vl S 'r element '. j m W IIC ! : Pit KGR.T607HWH ' : : tEasv Convert Glass front-mou- : t installation et nt water filter system AccuChill temperature control cubed & crushed ice & water ik1 300 eaDon UltraEase KJonvecuon DaKeDrouroast Ultra-vie- w oven window nush-tohcabin- ED5FHGXKQ conversion svstem n-- canacitance control panel w "u lllfmnMltlHllllHnMMIHMMMnMHIIMHII .x a v- vl - " -- mmiMiirtimmiiiiiiiiiHiHaL r iff "r BJk A EZ-Touc- h. xr' X. f ..mwywi. J21.5 CU. FT. REFRIGERATOR!: iTnr ExtendFresh temperature management system 1 T 11 J NO INTEREST TILOOY2003! WEST JORDAN SALT LAKE 1050 E. 2100 SO. 1475 W. 90TH SO. 1 3 2MONTHS 0 mtmsi y nip ilyniipuwiiillill . rm" "ww It VdU KTRC22ELWH 406-333- wu'WIp AnLjLn!'fi'ii AccuSense ice and water filter with interior water dispenser Contoured door styling ! mown. rue j nujtvujiQ N MiA? niiiiiianiiaaiiiimia jiwiw 566-444- 4 L fT Kv idiJu Furniture Company 111 MONDAY 9AM to 9PM LAYTON OREMPROYO no. main 55 e. univ. prkwy. 546-60I -- 1000 86 FINANCING OAC through Wells Fargo, American General Finance, & Chy Finance. Minimum purchase $399. 10 Minimum payments required! Offer ends October 22, 2002. See store for details! 22 4884 Down Payment required! |
