The OP's point is not that he is innocent of the crime, but that the decision to apply the death penalty rather than imprisonment was based on junk science. If that was indeed the determining factor, then I agree that the death penalty in this case should be nullified.
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As long as he never goes to sleep a free man. There's also the question of whether the state can be trusted to determine guilt with sufficient certainty to justify taking a life.
End of conversation
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