The federal appeals court in Atlanta has vacated the death sentence against a man condemned to die by a Walker County jury for the 1989 killing of a woman who was five months pregnant.
In a ruling issued Monday, the 11th U.S. Circuit Court of Appeals said an improper communication by the court bailiff to jurors violated James Ray Ward's right to a fair trial. Ward was convicted of abducting a 23-year-old Gordon County woman from her home, suffocating her and abandoning her body in a trash dump.
During deliberations, jurors asked the bailiff if they could sentence Ward to life without parole. The bailiff replied that not an option. That was improper because it left jurors with the impression that Ward could or would be released on parole if they sentenced him to life in prison, when jurors at that time were not supposed to consider parole, the ruling said, adding that Ward needs a new sentencing hearing.
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