The gamecock. (Columbia, S.C.) 1908-2006, January 23, 1985, Page Page 4, Image 4
^^saa*?iBBIBMiBH Our Finest Hour!
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j Mike Hold hands ball to William Perry
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| Court upho
By Associated Press
The state Supreme Court upheld the
conviction and death sentence Tuesday
of Donald "Pee Wee" Gaskins, one of
South Carolina's most notorious mass
murders who got the death sentence
for the bomb slaying of a condemned
inmate.
The 48-year-old Gaskins was convicted
in March 1983 of planting a
homemade bomb and blowing up
fellow death row inmate Rudolph
Tyncr at the Central Correctional Institution
in Columbia.
The justices said in a 21-page opinion
that they found only minor legal
ii| errors in Gaskins' 1983 trial ? none of
which entitled uaskins to a new trial.
Gaskins' attorneys had based iheir appeal
on several grounds, including
whether the judge properly instructed
the jury before deliberations began.
IN' A RICHLAND County trial that
lasted more than a month, prosecutors
claimed Gaskins, who confessed in the
1970s to murdering nine people in
Florence County, was hired by Tony
Cimo of Horry County to kill Tyner ir\
revenge for Tyncr's murders of Cimo's
parents during a robbery.
Hccaiisc the jury sentenced Cask ins
Arctic ^ontinuad from page
below zero in Athens, Ga., and 16 belo
N.C. Another two cities equalled their c
The temperature plunged to 22 degr<
Monday in Beckles, W.Va. New Orlean
14. was just one degree warmer than Fai
Weather-related deaths ? including (I
cidents on icy roads, exposure and fires I
heaters ? were reported in 20 states sir
vlnriiK hponn
I *""
i IMF COLD was blamed tor the eraH
trains in Gary, Ind., Monday evening,
|] none seriously. The Chicago-area trains I
| the same track after mb/ero temperature
77. IH
ALLEWit pp
ACCEPT THE H|
CHALLENGE MM
TO BECOME I
8 TOTALLY
FIT AT
THE TOTALLY
LIT FAMILY ojd f
FITNESS CENTER a la,.
I iced
2/17
i
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4AIN STREET
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>M CAMPUS
Ids Gaskins'
to death for the slaying, the case was
automatically appealed to the state
Supreme Court for review.
In his appeal, Gaskins* attorney,
Columbia lawyer Jack B. Swerling,
argued that trial Judge Dan Laney in
lUIIl'lliy lllM I ULlCu JUIUI* UflUlt* INCH
. deliberations that they could infer that
Gaskins acted with malice because he
used a weapon in the killing.
Swerling argued that a 1983 decision
by Supreme Court justices said jurors
must decide from evidence when
malice is involved in a slaying, rather
than assume it from circumstances.
IN TWO SUBSEQUENT cases, the
high court ruled murder defendants
deserved new trials if the faulty charge
was used.
Further, the court ruled the change
in the law could be applied "retroactively."
But in its opinion on the
Gaskins case, the high court said
l.ancy's mistaken charge was a
harmless error and that malice was not
an issue because the defendant admitted
to being part of the killing.
"The jur> has found that (iaskins
wrongfully killed Tyncr," the opinion
states.
"Under the facts of this case, it
1
iw zero in Asheville, electrical lines, said R
oldest reading ever. Shore Lines.
?es below zero earlv Qr?m? nmnvrc
s, where it chilled jo baseballs on Monday
irbanks, Alaska. "There will be sigi
lose from traffic ac- of the production ar<
blamed on makeshift Wells.
ice Friday, when the
In Florida, where ii
state's citrus belt, inc
vh of two commuter two winters may have
injuring 129 people, thernmost areas, whei
lad been routed onto today. The temperatu
rs damaged overhead in the panhandle.
Big Mac?, La
Medium
Enjoy a hot, hand warmin
riend McDonalds! Adelic
ge order of golden french
tea for only $1.89 plus ta>
/85. Only at McDonald's,
. sJjL /lif|
IT'SAGOOC
FOR THE GREAT'
sentence *
u/mtlH hp fnllv fr* nrHpr a npu/ trial fnr
the purpose of determining whether
the killing was done with malice or
without. Any debate on the malice
issue at the guilt stage was conclusively
resolved when Gaskins said to the jury:
And 1 am guilty of participating in
it...'"
THK JUSTICES cited U.S.
Supreme Court rulings that harmless
errors by the judge in a trial do not
violate a defendant's right to due process
or mandate another trial.
"We hold that the charge as to
malice was harmless error beyond a
reasonable doubt," the opinion states.
In the appeal, Swerling also claimed
Laney injected personal opinions
about Gaskins' guilt or innocence and
interfered' with questioning of
witnesses.
But the high court said judges have a _
right to participate in a trial if they re- ^
main lair and impartial.
Swcrling said that Gaskins has
several routes of appeal, including appeal
to the state Supreme court for a
rehearing, go to the federal district
court and file on constitutional
grounds or appeal directly to the U.S.
Supreme Court.
ichard Bunton. spokesman for the South
>rted their oianges had frozen as hard as
nfieant fruit loss in the upper two-thirds
;a." said Citrus Mutual spokesman Earl
dropped into the teens in the hart of the
Justry officials said the second freeze in
destroyed thousands of trees in the norre
hard freeze warnings were posted early
ire was forecast to fall to the single digits
rge Fries, 9
1 Tea
' meal todav at vour
ious Big Mac sandwich,
i fries and a medium
c. Offer good thru
921 Sumter Street. 4
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