The 9th U.S. Circuit Court of Appeals has again vacated the death sentence imposed by a Pima County Superior Court judge in the murder of a Tucson hitchhiker.
David Detrich and Alan Charlton picked up hitchhiker Elizabeth Souter in November 1989 and bought $75 worth of cocaine, according to court documents. When the trio were unable to shoot up the drug, Detrich became irate with Souter, stabbed her 40 times and slit her throat, nearly decapitating her.
Charlton entered a plea agreement and was sentenced to 10 1/2 years in prison. Detrich was convicted and sentenced to death in 1990.
The Arizona Supreme Court threw out the conviction and sentence in 1994, ruling the judge did not give the jury proper instructions.
Detrich was retried, convicted and again sentenced to death, but the 9th Circuit tossed out Detrich's sentence in August 2010, saying defense attorney Harold Higgins didn't do a proper job presenting mitigating evidence or rebutting the aggravation case put on by prosecutors.
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The judges said Higgins didn't begin working on the mitigation case until after Detrich was convicted, two weeks before the sentencing hearing.
They also noted he didn't hire a mitigation investigator despite knowing Detrich had an "extremely troubled childhood," nor did he consult with a mental-health expert.
The Arizona Attorney General's Office appealed the 9th Circuit's decision to the U.S. Supreme Court, which sent the case back to the 9th Circuit.
On Tuesday, Judges Harry Pregerson and Richard Paez released an opinion again vacating Detrich's death sentence. They noted if the state chooses not to resentence Detrich, his sentence will automatically become a life sentence.
Judge M. Margaret McKeown dissented, saying that while Higgins was ineffective, Detrich wasn't prejudiced by that fact.
Pima County Attorney Barbara LaWall said the Attorney's General's Office will file a petition for a rehearing on the issue and, if denied, will again appeal to the U.S. Supreme Court.
The 9th Circuit's analysis of the law applied in the case is simply "incorrect," LaWall said.
Pima County Superior Court Judge Richard Nichols said that even if he'd been aware of some of the mitigation not presented by Higgins, he would still have imposed the death penalty, LaWall said.
Higgins declined to comment.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
