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utchins' execution rescheduled
Th Associated Press
COLUMBUS, N.C. A Superior
Court judge Monday set a March 16 ex
ecution date for convicted police-killer
James W. Hutchins the .earliest pos
sible date the state can execute him.
Judge William Freeman of Winston
Salem said the warden of Central Prison
in Raleigh would set the time Hutchins
will die by lethal injection.
Hutchins was not present at the hear
ing. The Rutherford County man was sen
tenced to death in 1979 for the murders of
a Rutherford County sheriffs deputy and
a state Highway Patrol trooper on May
31, 1979. He was sentenced to life in
prison for killing another Rutherford
Monday's hearing was the first legal
step taken in Hutchins' case since the
state Supreme Court blocked his execu
tion 40 minutes before the deadline for
putting him to death on Friday.
The court acted minutes after the U.S.
Supreme Court had lifted an earlier stay
of execution, and the state Supreme
Court said a new execution date had to be
set in 60 to 90 days.
Defense attorney Tom Manning argued
that the state hadn't given defense law
yers enough time to prepare their objec
tions for Monday's hearing in Polk
County Superior Court. He said they
weren't notified that a hearing had been
called for Monday until about 1 p.m.
"We're not in any position at this point
to bring all our objections that we had in
this case to bear," said Manning, a
member of the firm of Joseph Cheshire V
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But Deputy State Attorney General .lean
Benoy said the state believes Hutchins
should be executed as soon as possible.
He said Hutchins has already shot four
people in North Carolina, one of whom
"Any police officer who gets within 50
yards of Mr. Hutchins is in danger for his
life," Benoy said. "We should do it (ex
ecute him) before he has a chance to
murder another law enforcement officer
in this state."
Freeman said the case has been
"thoroughly litigated through the courts
of this state and this country."
"I think the citizens of North Carolina
favor the death penalty and have some
rights in this case because of it," Freeman
said during the 30-minute hearing.
Manning also said the state attorney
general's office had no authority to call
the hearing in Polk County Superior
Court. He said it should have been calen
dared by the area's district attorney at
least a week before the next session of
court. But Benoy said his office has the
authority to appear in any court in the
state in which the state has an interest.
Manning has said that lawyers would
seek stays of execution in both the state
Supreme Court and U.S. District Court if
a new execution date were set.
In addition, the U.S. Supreme Court
has not ruled on whether opponents of
the death penalty should be routinely ex
cluded from juries that determine guilt or
innocence in death penalty cases.
Manning said an appeal would be filed
in the state Supreme Court based on U.S.
District Judge James yMcMillan's
favorable ruling late Thursday on the
juror issue in an unrelated case.
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Tuesday, January 17, 1984The Daily Tar Heel3
From page 1
regarding various court hearings and ac
tivities held before the start of the actual
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