Sampson's death sentence is upheld

A federal appeals court has upheld the death sentence of Gary Lee Sampson, an Abington man who confessed to killing three New England men during a weeklong murder rampage in July 2001.

In an unusual step, the three-judge panel, which rendered its opinion on Monday, sealed the judgment for seven days to give prosecutors and defense lawyers the opportunity to redact any language both sides agree should be kept confidential.

During the two-month federal trial in 2003, Chief US District Court Judge Mark L. Wolf sealed numerous documents, including some that dealt with gruesome details of the killings and private information about potential jurors.

But David A. Ruhnke, one of Sampson's lawyers, said yesterday that with the exception of some crime scene and autopsy photographs, few documents from the trial remain sealed.

He said he believed the judges sealed this week's decision to make sure the public did not have access to any of the information from the trial that remained confidential. "The court is just being cautious," he said. "There is virtually nothing in this case that is under seal."

Ruhnke said he and prosecutors plan to send a letter to the court stating that nothing in the judgment needs to be redacted.

But he said he planned to request another hearing before the full, five-member court to fight the death sentence.

"Obviously, we don't think this was a justly imposed death sentence, and we'll pursue all the remedies we have until we get this turned over," he said.

Sampson killed Jonathan Rizzo, 19, of Kingston; Philip McCloskey, 69, of Taunton; and Robert Whitney, 58, of New Hampshire. Sampson told police he was hitchhiking when he was picked up on separate days by Rizzo and McCloskey. He told police he forced both at knifepoint to drive to secluded areas, where he tied them up and stabbed them.

He then fled to New Hampshire, where he broke into a Penacook house Whitney had been tending for an elderly woman. Sampson spent the night there and, when Whitney arrived at the house to mow the lawn, tied him to a chair and strangled him. Sampson pleaded guilty to the murder and was sentenced to life in prison without parole.

Massachusetts does not have the death penalty, but Sampson was tried in a federal court because carjacking is a federal offense. The 2003 verdict would make Sampson the first person executed for a crime in Massachusetts since 1947.

Whitney's 35-year-old son, Brad, said he was grateful for the appellate court's decision. "It's reassuring the process works," he said.

The families of Rizzo and McCloskey could not be reached for comment. In a statement, US Attorney Michael J. Sullivan said he was pleased with the decision.

"The sentence of death is the only appropriate punishment for the crimes that Mr. Sampson committed," he said. "I know it provides little comfort to the victims' families. I continue to think of Philip McCloskey, Jonathan Rizzo, and Robert Whitney and how special each of these men were and the sadness that their families have endured.

Judgments are normally sealed to conceal sensitive information about the defendant's mental or medical condition, criminal defense lawyers said yesterday.

"It's unusual, but it's not unheard of," said Charles Rankin, a Boston lawyer. "I would think typically it would be personal information about some participant in the trial that might be embarrassing to that person."

Brad Whitney said what matters to him is that the death sentence stands. "I personally prefer the death sentence," he said. "I know my father would."

Shelley Murphy of the Globe staff contributed to this report. Maria Cramer can be reached at mcramer@globe.com.