A federal appeals court has denied a request by lawyers for an Arizona man scheduled to be executed June 8 to be allowed to make new arguments in an effort to overturn his death sentence in the 1984 kidnapping and killing of an 8-year-old Tucson girl.
The request on behalf of Frank Atwood, convicted in the killing of Vicki Hoskinson, was denied Friday by the U.S. 9th Circuit Court of Appeals.
Atwood’s lawyers have said that last summer they discovered an FBI memo describing an anonymous caller claiming to have seen the girl in a vehicle not associated with Atwood, but which could be linked to the woman.Frank Atwood: Arizona man sentenced to death for killing girl will be executed via lethal injection
In light of witness testimony implicating Atwood and information about the woman that Atwood’s defense had at the time of the trial, "we cannot conclude that the disclosure of the unreported anonymous phone call would have had any effect on Atwood’s trial and conviction," the panel’s ruling said.The state clemency board on Tuesday rejected Atwood’s claims that he is innocent of the crimes as it declined to recommend to Gov.
Authorities have said Atwood kidnapped the girl, whose remains were discovered in the desert northwest of Tucson nearly seven months after her disappearance. Experts could not determine the cause of death from the remains that were found, according to court records.
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