Two men convicted of murder and sentenced to the death penalty are still facing capital punishment after the Arkansas Supreme Court today denied the inmates’ appeals.
The court affirmed death penalties for Kenneth Ray Osburn, who was convicted in 2006 of the murder of a 17-year-old girl, and Karl Douglas Roberts, who was sentenced to death in 1999 for slaying a 12-year-old girl, according to Arkansas News.
The case is most twisted for Osburn who was initially convicted in 2008 and sentenced to life in prison without the possibility of parole after the jury failed by one to assign the death penalty.
The next year, however, the court overturned the conviction when it learned investigators continued to interrogate Osburn without an attorney’s presence after he requested an attorney. The state will retry the case in October 2012.
Roberts, who was sentenced to death for killing his niece, waived his right to appeal in 2000. However, as a part of procedure the court reviewed and upheld both the sentence and the waiver.
Roberts will now pursue the angle that his attorney was ineffective — a point the court said was valid.