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The state Supreme Court upheld an Oakland man's death sentence Thursday for robbing, beating and stabbing a neighbor to death in her home in 1988 and cutting off a finger to steal her wedding and engagement rings.
The justices unanimously rejected arguments by Gregory Tate's lawyers that the prosecutor violated legal standards and that some jurors were improperly dismissed from his 1993 trial for the death of Sarah LaChapelle. [I have not been able to establish the race of LaChapelle. The murder was committed in 1988.]
Tate, now 43, maintains he was innocent. He has a further round of appeals remaining.
LaChapelle, 56, a social worker, was found dead in her home on Hesket Road in East Oakland in April 1988. She had been impaled with a butcher knife and a barbecue fork and had multiple stabbing and beating wounds.
Tate, who sometimes stayed with his grandmother in a nearby house, was arrested the next day driving LaChapelle's car with a television and VCR taken from her home, and blood on his shoes.
He told police he had gotten the car from another man, but officers learned the man was in jail at the time. Tate later testified that he had seen two men leaving LaChapelle's house and that he had gone in, found her dead and left with some of her property and her car keys.
Among the missing items were two diamond rings the victim wore on a finger that the killer cut off. Tate's girlfriend testified that he had given her two diamond rings shortly after the killing, and had later asked her to return them. They were not recovered.
Defense lawyers presented evidence that Tate had a chaotic childhood, fought often in school, started committing thefts as early as age 6 and tried to hang himself at 17.
(O.k., nobody bite on this one!)
The court said Thursday that the trial judge, Alfred Delucchi of Alameda County Superior Court, should have given one prospective juror a chance to answer questions about her record in college before allowing the prosecutor to dismiss her. The court also said the prosecutor had improperly mentioned some alleged violence by Tate that Delucchi had ruled inadmissible.
But the legally admitted evidence "weighed very strongly against" Tate and supported the death verdict, said Justice Marvin Baxter.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/08/BAMI1EBJ81.DTL#ixzz0tAKgyPmc
The justices unanimously rejected arguments by Gregory Tate's lawyers that the prosecutor violated legal standards and that some jurors were improperly dismissed from his 1993 trial for the death of Sarah LaChapelle. [I have not been able to establish the race of LaChapelle. The murder was committed in 1988.]
Tate, now 43, maintains he was innocent. He has a further round of appeals remaining.
LaChapelle, 56, a social worker, was found dead in her home on Hesket Road in East Oakland in April 1988. She had been impaled with a butcher knife and a barbecue fork and had multiple stabbing and beating wounds.
Tate, who sometimes stayed with his grandmother in a nearby house, was arrested the next day driving LaChapelle's car with a television and VCR taken from her home, and blood on his shoes.
He told police he had gotten the car from another man, but officers learned the man was in jail at the time. Tate later testified that he had seen two men leaving LaChapelle's house and that he had gone in, found her dead and left with some of her property and her car keys.
Among the missing items were two diamond rings the victim wore on a finger that the killer cut off. Tate's girlfriend testified that he had given her two diamond rings shortly after the killing, and had later asked her to return them. They were not recovered.
Defense lawyers presented evidence that Tate had a chaotic childhood, fought often in school, started committing thefts as early as age 6 and tried to hang himself at 17.
(O.k., nobody bite on this one!)
The court said Thursday that the trial judge, Alfred Delucchi of Alameda County Superior Court, should have given one prospective juror a chance to answer questions about her record in college before allowing the prosecutor to dismiss her. The court also said the prosecutor had improperly mentioned some alleged violence by Tate that Delucchi had ruled inadmissible.
But the legally admitted evidence "weighed very strongly against" Tate and supported the death verdict, said Justice Marvin Baxter.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/08/BAMI1EBJ81.DTL#ixzz0tAKgyPmc