The Los Angeles Times from Los Angeles, California • 29

Cm Angel Cimr Tuesday. October 4. 1988 Put I 29 UCEuC2 'One-Man Crime Wave' Is Sentenced to Death 2 rJEEESEFHIDS Tka 2 tAre COLfQC 4 ML I fiChOOlS UtaSftCA (800) 368-4206 Ul. (818) 368-420 Nit CA M4 OK WON. Ml NMB HCW ByKDWINCIIES.

Timrt Staff WrUrr A onr-limc dog groomcr "ho obviously lived a double life- was sentenced on Monday by a Los AngetoSupmor Court judge to the in the gas chamber for strangling a 55-year-old woman in her WOshire District home during the course of a S15 robbery in 1384. The woman was also sodomized and raped. Described by Los Angeles police as a "one-man crime wave." Kevin Bernard I la ley was suspected of killing as many as 13 women, many of them elderly, including one who was 90 and another who was SH. In sentencing him. Judge Judith C.

Chirlin said Ilalcy. a heavy cocaine user, had preyed on "some of our community's most vulnerable members to satisfy his lust for drugs, for power, for money and. perhaps, for sex." Those crimes. Chirlin said, represented "a depravity which is unspeakable." The judge called him "a serious danger to society." On June 6. a Superior Court jury convicted Haley.

24. of the murder of De lores Clement A month later, the jury returned the death penalty verdict Haley had also faced other serious felony charges, including Johnson, chose not to present evidence that might persuade the jury to spare their client's life. Had the lawyers chosen to do so. Chirlin noted. Deputy Dtst Atty.

Steven II. Barshop would have presented rebuttal evidence of "approximately 50 burglaries" committed by Haley and of Haley's attempt to escape from County JaiL But after the jury relumed the death verdict on July 5. attorneys Applebaum and Johnson submitted to the judge mitigation evidence in the form of character witnesses, including the minister of Haley's church and Haley's friends and relatives. Chirlin said, however, that her independent analysis, as required by the California Supreme Court in such cases, is that the jury's death sentence verdict is "supported overwhelmingly by the weight of the evidence." In further reviewing the evidence, the judge said she was also "satisfied beyond a reasonable doubt" that Haley had murdered two other women, attempted to murder a third and raped a fourth. That evidence had been presented during the penalty phase of Haley's trial.

charges involving a third victim, who was unable to testify because of health problems. Mamals were declared on those charges. After Haley's arrest, police said he admitted having committed six rapes and 53 burglaries. "To his friends, to his mother and the other members of his family, he was a friendly, caring, sensitive person." Chirlin said. "But when he voluntarily ingested drugs, and in order to get money to get drugs, he became a criminal of the worst sort terrorizing and murdering, raping and sodomizing, robbing and bur glarizing.

It is from people who commit these types of crimes that society needs the most protection." Haley's 27-year-old brother. Reginald, was previously convicted of a string of rapes, kidnaping-, burglaries and robberies and was sentenced to 60 years in state prison, plus a life term. At the time of their arrests in 1984. Los Angeles Police Chief Daryl P. Gates said the brothers had committed separately and to gether some of the most violent crimes against older women ever seen in this city.

During the penalty phase of Kevin Haley's trial, his lawyers, Seymour Applebaum and John R. WIMAKlI fTY1 CSMTRAL COOUktt HCATMO SYSTEM StKi TOP QUALITY OtU COOTS UST SA10AMS NS UC 33al3 SCOTT ROBINSON Kevin Bernard Haley listens as judge hands down death sentence in slaying of woman. robbery, murder, burglary, rape and sodomy, involving many other victims. But the same jury deadlocked on whether Haley had murdered Lav erne Stolzy. 56.

in 1984 in her Wilshire District home and on attempted rape and oral copulation riJF. TEX -COTE Death Penalty for Girl's Killer Upset by Supreme Court Tortured Coating. Elminates painting. Available in a variety of cow. By PHILIP HAGER.

Times Staff Writer IIEHE'S WHAT YOU GETI ITKNCHMS tSANOSUSTMS TEXTUftf 0 C0ATM6 i MASKMS All MORS 7. TMM PAMTM6 4. WATERPROOF SEAIMO MkMrtw IfMIM smis lI -4ft NOW 'MtM ItltM A rui mill MM IM ITtUATi Cm TCLL FOE CC3 443-4543 STATt UC WMI1 1 tl tM II fC-tCwo-HC-H M8- OwnliiC-Sl tcM sentence including death or life in prison such an instruction improperly invites jurors to speculate beyond their verdict. Broussard said. The instruction was first invalidated by the Bird court in 1982 as a violation of the federal Constitution on the grounds that it could mislead jurors into erroneously believing that a vote for death was the only way to keep a dangerous criminal from being released.

The U.S. Supreme Court overturned that decision the following year, concluding that there was no federal constitutional violation. But the state court responded in 1984 by invalidating the instruction again, this time on grounds that it violated the state Constitution, an action that ordinarily protects a ruling from reversal by a federal court In Griffin's 1980 trial, the jury, as required under the initiative, was instructed by the judge that a life-without-parole sentence could In urging the justices to uphold Griffin's death sentence, state prosecutors argued that any harm from the instruction was overcome when jurors were correctly informed that the governor could commute either a death or life-without-parole sentence. But Broussard, quoting from the state high court's 1984 ruling, said that even a "totally accurate" instruction still would violate the state constitutional guarantee of due process. Any reference to commutation "invites the jury to consider matters that are both totally speculative and that should not influence the jury's determination," he wrote.

In recent rulings, the court has said it would uphold a death sentence where the since-invalidated instruction was given but only where the trial judge had also told jurors not to consider commutation or a pardon in reaching their verdict Under Chief Justice Malcolm M. Lucas, the court has reversed 15 death sentences in 55 capital rulings. State Deputy Atty. Gen. George M.

Hendrickson said Fresno County prosecutors will decide in future proceedings whether to again seek the death penalty for Griffin. "My feeling had been that any. jury hearing the facts of this case would have imposed the death penalty, and I still feel that way," Hendrickson said. Griffin's lawyer was not available for comment A laborer with no criminal record. Griffin was accused of a brutal sexual assault and stabbing attack on his stepdaughter.

He first reported the girl was missing and joined in a search. Her badly mutilated body was discovered on the side of a rural road. Griffin finally admitted the murder but denied he had sexually assaulted the girl, a charge that under law enables prosecutors to seek the death penalty in cases of first-degree murder. mm mm SAN FRANCISCO The state Supreme Court on Monday reversed the. death sentence of the convicted killer of a 12-year-old girl, ruling that jurors had been improperly told that a life sentence could be commuted to permit his release on parole.

The justices unanimously upheld the conviction but struck down the death penalty for Donald Griffin, 39, found guilty in the 1979 murder, rape and sodomy attack on Janice Kelly Wilson, his stepdaughter, in Herman. Calif. As in previous rulings, the court stood by a controversial decision issued under former Chief Justice Rose Elizabeth Bird that invalidated a provision of the 1978 death penalty initiative. The initiative had required that judges tell jurors that a sentence of life without parole can be commuted by the governor to allow for parole. The instruction creates the risk that the jury will be misled and will make its penalty determination on the basis of speculation and misinformation Justice Allen E.

Brous-sard wrote for the court Monday. "We do not countenance such a. risk." Even if the jury is accurately told the governor can commute any WANT UOXl X.1 EEED DAILY TO KEEP CM WSSXf CSCE MIST WE'LL DEAL Our Qualltex textured coating is more than a paint. It'll beautify and protect your home for 15 to 20 years. Our process includes sandblasting, repairing of all cracks, water sealing.

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But Griffin's lawyer, trying to prevent jurors from voting for death in order to prevent parole, told the jury the governor could also commute the death penalty. AME HON INSURANCE: Rate Hike Issue MOMW MATBTTV because nobody thing like that, knows for sure." ACCOUNT. 3 Continued from Page 3 paigns called news conferences Monday to attack that argument as false. Both insisted that their measures do not do away with the territorial rating system and they accused the insurers of trying to defeat them by spurious divide-and-conquer tactics, setting the rest of the state against Los Angeles. In fact, both initiatives contain clauses that would at least reduce the use of territorial ratings as a factor in pricing insurance, making it less important than a driver's record and other factors.

Proposition 103 would allow the use of territorial ratings only if the insurance commissioner adopted regulations authorizing it Scott Carpenter, principal press spokesman for the industry campaign, asserted that it is so clear to the insurers that Propositions 100 and 103 would do away with territorial rating that the companies would be "compelled" to adjust their rates after the election. Asked how fast, Carpenter said, "As fast as they possibly could." But checks with the five biggest Southland sellers State Farm, Farmers, Allstate, the Automobile Club of Southern California and 20th Century found considerable disagreement with Carpenter. "There has been no talk here about sending out new bills," a spokeswoman for the Auto Club said. "It's sort of ridiculous for the campaign to come out with some Rick Dinon, vice president of corporate relations for 20th Century, said his firm has no such plans either. "I don't think that any individual company is going to really know what the law of the land is until it is given guidance by the counsel representing its interest, the Department of Insurance and other regulatory and legal bodies," he said.

Pete Ingham, executive vice president and general counsel of State Farm, said, "We have not made any decision." Jeff Byers, a spokesman for Farmers, said that before his company decided what to do, it would need guidance on what the initiatives really mean. Spokesmen for Allstate were noncommittal. Meanwhile, the chairman of the Proposition 100 campaign, Steven Miller, said the industry campaign "clearly is engaged in a strategy employing scare tactics that may or may not be supported by the companies. "I'd discount the company statements," he said. "But what is clear is that there is at least an implied threat of extortion on the part of the insurance industry, that unless the voters go the insurance companies' way, they're going to make the public pay.

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