Federal Judge Orders New Sentencing Hearing In OU Student's Murder

Thursday, June 1st 2006, 6:11 am

By: News On 6

The family of a Jenks and OU student killed 15-years ago say they want justice. A jury already convicted and sentenced a man to die for the crime, but for the second time, the court threw out the penalty.

Elaine Scott's family is in shock over the recent decision. They want the death penalty carried out on Alfred Brian Mitchell.

In 1992, a jury convicted Mitchell of beating Elaine Scott to death at an Oklahoma City recreation center. He received the death penalty. But years later a federal judge threw out the sentence, citing unreliable testimony from a police chemist.

Then in 2002, a jury gave Mitchell the death penalty. Just this week, an appeals court threw out the sentence for a second time.

Elaine's brother says it's not fair. David Scott: â€œthere is no representation, none in the appeals process for my sister. This is all about the criminal. This is all about the guy who killed my sister.â€ The court cites misconduct in the latest ruling. It says the prosecutor yelled and pointed at Mitchell during closing arguments and even told the jury "Alfred Brain Mitchell, you're sentenced to death. You're not entitled to mercy."

The court also criticized the judge saying she may have forgotten where she was sitting and what she was wearing.

Legal analysts say Mitchell could still get the death penalty.

The appeals court has ordered a new sentencing hearing. A new judge will preside over the re-sentencing perhaps as early as this fall.