Anti-Gay Bias in Death Sentence Rejected by Court RALEIGH, N.C. (AP) - North Carolina's highest court rejected a petition from a condemned inmate Wednesday and his attorney said she would appeal to the U.S. Supreme Court to stop a death sentence based on bias against homosexuals. Lawyers for Edward Hartman, 38, had asked the state justices to stop the execution by injection, which is scheduled for 2 a.m. Friday in Raleigh, and order a lower court to impose a life sentence. After the state court refused to intercede, Hartman's attorneys filed similar motions with the U.S. Supreme Court, saying the death sentence should be vacated because of anti-gay bias. The defense already has asked Gov. Mike Easley to grant executive clemency and convert the death sentence to life in prison. At issue is the defense contention that Hartman was unfairly treated during his trial because a prosecutor repeatedly referred to Hartman's homosexuality, which had nothing to do with the killing. Hartman was sentenced to death for the 1993 killing of 77-year-old Herman Smith Jr. in the Pinetops community of Northampton County. Wells said Smith was a former boyfriend of Hartman's mother and was living at Smith's house.

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