ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 3, 1995                   TAG: 9503030142
SECTION: VIRGINIA                    PAGE: B-4   EDITION: METRO 
SOURCE: JAN VERTEFEUILLE STAFF WRITER
DATELINE:                                 LENGTH: Short


SAVINO LOSES DEATH-PENALTY APPEAL

Death row inmate Joseph Savino, who seems to vacillate between wanting to live and wanting to die, had an appeal of his death sentence rejected by U.S. District Judge James Turk Wednesday.

Savino is on death row for killing his lover, Thos McWaters, in Bedford seven years ago.

Savino, 36, originally was scheduled for execution in June 1990. The week before he was to go to the electric chair, he said he would not appeal and was ready to die; but days later, he asked lawyers to appeal his conviction.

Last May, Savino injected himself with cocaine in what prison officials described as a suicide attempt.

``I guess he must have mixed emotions about whether he wants to die,'' Turk said Thursday.

Savino cited 14 claims in his appeal. In dismissing the petition, Turk ruled that nine were procedurally barred and the rest were without merit.

Savino has 10 days to ask Turk to reconsider his decision and can appeal Turk's decision to the 4th U.S. Circuit Court of Appeals. From there, the appeal would go to the U.S. Supreme Court, which rejected petitions by Savino in 1990 and 1993.

Death row appeals go through the system two times; Savino's appeal is on its second trip.

``I would guess he'll have exhausted his appeals within a year,'' Turk said.

Savino said he was addicted to cocaine at the time he beat McWaters to death, and that he robbed McWaters afterward to buy more cocaine.



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