A state appellate court panel Tuesday rejected the latest appeal filed on behalf of a man convicted of killing a 90-year-old Harlem Globetrotters scout and his 84-year-old wife, who was in a wheelchair.
The three-justice panel from California’s 2nd District Court of Appeal turned down the defense’s contention that Los Angeles Superior Court Judge Robert Perry erred in rejecting Stevie B. Jackson’s request for re-sentencing as a result of a recent change in state law.
Jackson is serving two consecutive life prison terms without the possibility of parole for the May 27, 2000, stabbing deaths of his former landlords, Albert and Edna Patton, in their Los Angeles apartment.
The panel noted that Jackson alleged in the petition that he was not the actual killer.
“Indeed, the jury concluded that Jackson had participated in the murders of both Albert and Edna Patton, and that he had personally used a knife during the murders. The trial court properly concluded that Jackson was ineligible for resentencing … because he was the Pattons’ actual killer,” the appellate court panel wrote in its latest ruling.
The earlier appellate court opinion — from 2005 — rejected Jackson’s claim that double jeopardy barred prosecutors from trying him a third time for the killings.
Two Los Angeles Superior Court juries deadlocked on the charges against Jackson before a judge agreed to the defense’s request to dismiss the case.
Prosecutors refiled charges against Jackson, who was convicted in July 2003 by the third jury to hear the case. The appellate court subsequently found that the earlier dismissal did not bar his retrial.
Jackson was convicted of two counts of first-degree murder for the killings. Jurors found true the special circumstance allegations of multiple murder and murder during the commission of a robbery.
Jackson also was convicted of robbing Albert Patton, as well as a second man several days later.
Albert Patton was stabbed about two-dozen times and his wife was stabbed more than a dozen times.The Pattons, who were well-known within the community and supporters of many community organizations, had been married 63 years and had photographs throughout their home showing them with athletes and politicians.
Albert Patton had been a scout for the Harlem Globetrotters and a commissioner on the late county Supervisor Kenneth Hahn’s Commission on Juvenile Delinquency.