As the result of a Lebanon County judge’s ruling on April 17, and as reported in local media, a death row inmate represented by Jules Epstein is likely headed toward a resolution of his appeals which will prevent his execution. After hearing psychological testimony, and without opposition from the prosecution, President Judge John Tylwalk ruled that Freeman May is incompetent to proceed with the litigation of his post-conviction appeals.
In previous appeals, May has had two separate death sentences reversed based on judicial findings that the sentences were reached unlawfully. In the current proceedings, which challenge the most recent jury verdict imposing a death sentence, psychological analysis provided undisputed evidence that Mr. May is unable to evaluate the outcomes of his options on appeal.
Based on the court’s ruling, a guardian will be appointed to represent Mr. May and determine what steps should be taken on his behalf to protect him and possibly secure a life sentence.