"Appeals court rejects death sentence in Bryan case," is the AP report, via the Austin American-Statesman.
The Texas Court of Criminal Appeals has thrown out the death sentence of a Bryan man over the fatal beating of his 68-year-old neighbor five years ago and says convicted killer Christian Olsen deserves a new punishment trial.
The state's highest criminal court says State District Court Judge Steve Smith was wrong when he agreed with prosecutors who objected to testimony at Olsen's 2009 trial from an expert on female sex offenders.
Olsen's attorneys contended their client had been influenced and was the victim of sexual abuse by his 35-year-old girlfriend. Olsen was 19 when he was arrested for the slaying of Etta Jean Westbrook during a robbery at her home.
The Court of Criminal Appreals ruling in Olsen v. Texas, and a concurring opinion by Presiding Judge Keller, are available in Adobe .pdf format.
"Christian Olsen's death sentence overturned," is the Bryan-College Station Eagle report written by Matthew Watkins.
District Attorney Bill Turner said his office will review the situation and talk with the victim's family before deciding how to proceed.
Olsen's lawyer, Billy Carter, said he was pleased with the court's decision and hopes to have the case resolved soon.
"We are hoping that the DA's office will review everything and might decide not to seek death," he said.
In that case, there would be no trial. Olsen would be automatically sentenced to life in prison. If the case does go back to trial, it likely won't happen until next year, lawyers said.
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