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Kenneth Stewart, Jr.
In May of 1992, Kenneth Stewart, Jr. was sentenced to death for the
May 1991 murders
of his wife, Cynthia and his son Jonathan. He was 36 at the time
of the crime.
Stewart and his wife had separated before the crimes and Stewart
was restricted in
his visitation of his son. Stewart was not allowed to be alone
with Jonathan, being only
allowed to visit him with the presence of Cynthia and he was never
allowed to leave the
house with him. He was frustrated with his situation, both with
his visitation privileges,
and his marriage. He had hoped that he and his wife could resolve
their differences and
get back together. On the day of the murders, Stewart went over
to the house to discuss
the possibility of reconciling with his wife. When she refused
he shot her. He then killed
Jonathan who had been downstairs at the time of the crime. Stewart
claims that the
murders were committed out of anger and frustration and were not premeditated
acts.
He believes that the Commonwealth never proved that he intended to
kill Jonathan upon
going over to the house. However, the Appellate court ruled that
the “heat -of-passion
defense is justified only where the killing arises upon reasonable
provocation” and
because they did not find that Cynthia’s rejection of Stewart reasonable
provocation, they
denied his appeal.
Stewart also believes that there was not enough evidence to meet the
“future
dangerousness” requirement necessary for administering the death penalty.
The
psychological expert for the Commonwealth, Dr. Centor, did not use
any of the
statements made by Stewart during their interviews when ascertaining
his future
dangerousness. Instead he based his opinion on the crime, his
previous record and his
psychological tests. Stewart appealed on the grounds that
"it is absurd in the extreme to
assume that" Dr. Centor did "not base his opinions on 'disclosures
or statements by
Defendant during the interview.'
The Appellate court disagreed with Stewart and rejected his appeal.
Kenneth Stewart, Jr. entered death row on May 7, 1992 and was
executed on September 23, 1998.
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