Lavell Frierson

Case record: Lavell Frierson

Status and procedural history

Lavell Frierson was sentenced to death on November 19, 1986.

The death sentence was reversed by the 9th U.S. Circuit Court of Appeals on a ruling that defense counsel rendered constitutionally defective assistance by failing to present evidence that could have kept Frierson from being condemned. A three-judge panel reversed a lower court and ordered the district court to commute Frierson's sentence to life in prison without parole unless California prosecutors decide to retry him on the penalty phase with hopes of securing another death sentence.

Timeline

• November 19, 1986 — Lavell Frierson was sentenced to death.
• 1978 — Frierson was convicted of murdering Edgardo Kramer, 29, a Peruvian airline employee.
• 1979 — The California Supreme Court reversed Frierson's capital punishment conviction because another defense lawyer did not present a diminished capacity defense.
• Thursday (date not stated) — The 9th U.S. Circuit Court of Appeals reversed the death sentence for the third time, ordered commuting to life in prison without parole unless prosecutors retry the penalty phase, and stated counsel rendered constitutionally defective assistance.
• Third death sentence upheld (date not stated) — The Supreme Court upheld Frierson's third death sentence; the 9th Circuit later reversed it.

Background

Lavell Frierson was 49 when the 9th Circuit ruling was issued.

Frierson had been on death row at San Quentin State Prison since he was convicted of murdering Edgardo Kramer in 1978.

The death sentence reversed Thursday was the third one Frierson had overturned after arguing he received inadequate counsel.

Frierson had been one of California’s longest-serving death row inmates, and the 27 years and one month he had been on death row was described as a record among the state's 653 condemned prisoners.

The offence

In 1978, Frierson was convicted of murdering Edgardo Kramer, 29, a Peruvian airline employee.

The court documents stated that Frierson kidnapped, robbed and shot Kramer and a colleague in the head when the two men went to a motel near Los Angeles International Airport allegedly looking for a prostitute.

Investigation and legal counsel

The 9th U.S. Circuit Court of Appeals found that defense lawyer Arnold Lieman "rendered constitutionally defective assistance" by failing to tell jurors that Lavell Frierson had a history of mental retardation, child abuse, brain damage and drug use.

The panel stated there was a reasonable probability that, had the jury been able to consider this evidence, the outcome of the penalty proceedings would have been different.

Judge Richard A. Paez wrote for a three-judge panel.

A telephone call to Lieman was not immediately returned.

Frierson’s current lawyer, Gwen Freeman, reacted jubilantly to the news of Thursday’s ruling.

Trial and appellate rulings

After the 1979 California Supreme Court reversal of Frierson's capital punishment conviction, a second jury found Frierson guilty and recommended the death penalty.

The California Supreme Court upheld the conviction but threw out the sentence because lawyers only presented testimony about Frierson's mental capacity during the penalty phase of the trial.

The Supreme Court upheld Frierson's third death sentence.

In Thursday’s ruling, the 9th Circuit said that while Lieman presented evidence of Frierson's drug use, he did not give the jury information about Frierson's low IQ, emotional problems and childhood brain injuries.

The panel said Lieman was inadequately prepared because the lawyer did not read the transcripts of Frierson's second trial.

Judge Richard A. Paez wrote: "rendered constitutionally defective assistance" Judge Richard A. Paez also wrote: "There is a reasonable probability that, had the jury been able to consider this evidence, the outcome of the penalty proceedings would have been different,"

Sentencing outcome

The 9th Circuit ordered the district court to commute Frierson’s sentence to life in prison without parole unless California prosecutors decide to retry him on the penalty phase with hopes of securing another death sentence.

Other details

Terry Thornton, described as a spokeswoman for the state Department of Corrections, confirmed that the 27 years and one month Frierson had been on death row was a record among the state's 653 condemned prisoners.

Gwen Freeman said:

"If he had the trial that I think any competent attorney would have been able to provide for him, there is no question in my mind he never would have gotten the death penalty," Freeman said.