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Ken Starr Withdraws Papers in Death Row Clemenc y Case

Former independent counsel Ken Starr, who is representing a death row inmate seeking clemency from Gov. Schwarzenegger, has withdrawn the allegedly fabricated juror affidavits supporting clemency for the inmate.

....in a letter to Attorney General Bill Lockyer, attorney David Senior said he and Starr were "withdrawing any and all reliance on any exhibits generated" by one of their investigators. The defense said it would withdraw five of the six statements.

A statement purportedly taken from Michael Morales' former roommate and submitted to the California Supreme Court also requires further investigation, Senior wrote. Keith Borjon, a state prosecutor, told the justices that Senior's letter appeared to acknowledge the documents were forged.

The San Francisco Chronicle provides this background on the controversy over the affidavits, which were obtained by a defense investigator.

Starr's co-counsel says that Morales still has a good chance for clemency:

The Ventura County judge who tried the case told the governor he would not have approved of the jurors' death sentence had he known a jailhouse informant falsely testified that Morales bragged about the crime in jail.

The informant said his coversation with Morales took place in Spanish, but Morales only speaks English.

I've given up hoping Gov. Arnold will grant clemency to any death row inmate absent an iron-clad case of factual innocence.

Morales is set to be executed February 21. The San Jose Mercury News opined here that Morales' death sentence was based on fabricated evidence and he should not be executed.

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