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State Supreme Court Stays Execution of Convicted Killer

January 14, 1992

PHILADELPHIA (AP) _ Just 29 hours before convicted rapist and murderer Henry Fahy was to be executed, the state Supreme Court on Monday granted a stay to keep him alive for an appeal.

The justices voted 4-3 to grant the stay. Fahy had been scheduled to die by lethal injection at 10 p.m. Tuesday.

The court ordered the Philadelphia Court of Common Pleas to appoint an attorney to handle the appeal, based on Fahy’s claims that a confession he made was coerced by police who refused him a lawyer

Stefan Presser, an attorney for the American Civil Liberties Union, had acted on Fahy’s behalf.

Fahy, 34, was convicted in 1983 in the rape and murder of Nicolette Caserta, the 12-year-old niece of his live-in girlfriend.

The last convicted murderer executed in Pennsylvania was Elmo Smith in 1962.

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