Ninth Circuit Overturns Death Sentence, Says Prosecutors Knew Witness Was Lying

By KENNETH OFGANG, Staff Writer The Ninth U.S. Circuit Court of Appeals yesterday overturned the death sentence of an Idaho man convicted of brutally slaying a former coworker, saying the defendant suffered prejudice because the state allowed a jailhouse informant to lie on the witness stand. The ruling requires that Lacey Mark Sivak be resentenced to prison, or given a new penalty trial. Sivak was sentenced to death for the 1981 murder of Dixie Wilson at the Baird Oil gas station in Garden City, just north of Boise. Wilson was repeatedly shot and stabbed, and Sivak and Randall Bainbridge both admitted being present when Wilson was killed, with each blaming the other. Prosecutors said one motive was robbery, and that Sivak also held a grudge against Wilson. One witness suggested an additional motive—that Bainbridge was sexually attracted to Wilson, a theory that prosecutors pursued at Bainbridge’s separate trial. Prosecutors called several inmate witnesses who claimed…[For full story: ]

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Ninth Circuit Overturns Death Sentence, Says Prosecutors Knew Witness Was Lying

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