Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 4, 1995 TAG: 9503060024
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: BEDFORD LENGTH: Medium
Stewart, 40, was convicted in February 1992 of the shooting deaths of his wife and infant son at their Bedford County farmhouse on Mother's Day, 1991.
He was sentenced to death for capital murder and given a life sentence for first-degree murder. Stewart appealed to the U.S. Supreme Court, which declined to review his case.
His execution has been set for April 12.
Stewart's attorneys withdrew his appeals and asked for the execution date at a hearing in Bedford County Circuit Court.
``In essence, what [Stewart] said was that he had made his peace with God, felt he deserved the punishment that was imposed and was ready to do this,'' said Bedford Commonwealth's Attorney Jim Updike, who prosecuted the case. ``I think the fact that lethal injection became an option may have had something to do with that decision.''
James Richards, one of two attorneys appointed to help Stewart's appeal, also said he thought the new method of execution prompted Stewart's decision.
Although Stewart had exhausted his appeals, his attorneys were preparing a petition challenging the legality of the conviction and sentence, beginning another round of appeals.
Richards said Stewart has been struggling with the decision for a while.
``He's always gone back and forth on it, but this time he's pretty adamant,'' Richards said. ``He's doing what he thinks is best for him.''
Stewart shot his 34-year-old wife, Cynthia, and 5-month-old son, Johnathon, at point-blank range in their Huddleston home, apparently after a failed attempt to reconcile with his estranged family.
Edward Schultz, Cynthia Stewart's father, said he was satisfied with Stewart's decision.
``That's good. I'd like to see it,'' Schultz said of the scheduled execution.
by CNB