The daily Tar Heel. (Chapel Hill, N.C.) 1946-current, January 17, 1984, Page 3, Image 3
H 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 deputy. 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. Saturday. "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 of Raleigh. Books to be moved The following materials will be moved Jan. 16-21 from Wilson Library to the new Davis Library. Dewey classification: 915-919.9 944-999 Library of Congress Classification: G GN GR GT GV Folio & Folio 2 G-GV PA - PT Folio & Folio 2 PQ-PT For move information call: 962-1335 For more detailed information call: 962-5759 PLITT THEATRES uii mumum strut Ml Mil CAROLINA CLASSICS 2:15 LOLITA 5.05 THE BIG CHILL 7:45 9:45 TERMS OF ENDEARMENT 2:00 4:30 7:00 9:30 ELLIOT ROAD at E. FRANKLIN 967-4737 $2.00 TIL 6:00 PM EVERYDAY! 2:15 4:45 7:it 9:45 William Hurt Area Exclusive! Gorky Park r 3:20 5:20 736" STiu David Naughton Hot Dog the Movie r 3:00 only - Al Pacino Scarf ace r Ml 7:10 9:30 - Clint Eastwood Sudden Impact (R) MSityuz) Starts Fri. 120 NEVER CRY WOLF EXCLUSIVE From the director ol BREAKER MORANT BEST ACTOR -N.Y. FILM CRITICS B -L.A. FILM CRITICS NATL BOARD OF REVIEW Robert Duvall I OS'S "UERGIES 15 I V IVi. 3:00. 505 7:10 9:15 J AN ODVSSEr IN IMAGE AND MUSC AN ODVSSEr IN IMAGE ANO MUSIC 3:30 5.30 7:30 9.30 PRESENTED IN KINTEK STEREO RICH IN IDEAS AND OVERPOWERING BEAUTY. I WAS AMAZED AND MOVED BY IT." "A SPECTACULAR FUSION OF IMAGE AND SOUND."- "YOU WONT FIND A MORE DIZZYING, DAZZLING AND DIVERTING EXPERIENCE ON THE SCREEN TODAYS "A TRIP-FILM FOR THE '80's'.Z ONLY STANLEY KUBRICK'S '2001' CARRIES THE SAME SUPER-SENSORY IMPACT i 3 I 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 was wounded. "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. 9 M Luncheon Specials available at lunch 11 to 2 p.m. M-F Pizza Buffet $2.95 Spaghetti $1.95 Lasagna $2.95 Salad Bar $1.95 Great Potato $1.95 Open Mon.-Thurs. II a.m.-midnlte, Fri. & Sat. 11-1 a.m. 3 Nightly Specials Monday and Tuesday Pizza Buffet All the Pizza and salad you can eat only $3.20 Wednesday Lasagna and Spaghetti BuffetAll the spaghetti and salad you can eat or one serving of lasagna and all the salad you can eat only $3.20 PRESENT THIS AD FOR 2 FOR 1 PIZZA SPECIAL! fill 9 iAiLLU M.l 1 . fc. awwjTwrt.f -w iw. 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