Judge overturns death sentence, citing defense attorney’s miscue

PORTLAND – The family of a victim whose killer’s death sentence was overturned worries the man may one day go free.

The son of Marine Corps flying ace Maj. Gen. Marion Carl is worried his father’s killer may one day get out of prison, the Oregonian reports.

“I could care less if he gets death,” Bruce Carl said. “No one in our family ever said we wanted his life. Everyone will be served if he spends the rest of his life in prison. What none of us want is to see him walk out of prison in 20 years.”

The death sentence for 32-year-old Jesse Fanus came after a judge ruled Fanus’ attorney failed to portray the abuse Fanus suffered as a youth, which might have swayed jurors deciding his punishment.

Fanus was convicted of gunning down Marion Carl on June 28, 1998, in the 82-year-old pilot’s southern Oregon home. The young man stole cash and a car in the break-in.

Fanus was the youngest person on Oregon’s Death Row when he was sentenced to death in 1999 at age 19. Gov. John Kitzhaber has ordered a halt to all executions as long as he is in office.

James Barnett, a friend of Marion Carl’s, said the ruling is a “travesty of justice.”

“I know people who have had super bad childhoods who became great citizens,” he said. “(Fanus) had an opportunity to go straight, or do what he wanted and let the chips fall where they may.”

Douglas County District Attorney Rick Wesenberg said his office will vigorously pursue a death sentence if a new sentencing hearing is required.