Jan. 18 TENNESSEE: 20 years could mean 20 years It's entirely possible that William Joel "Jo Jo" Haithcote II will spend 20 years in jail. That conclusion came to mind while listening to relatives and friends of Bedford County's quadruple murder victims react to the sentence imposed on the man one week ago today. According to calculations with Haithcote's attorney, he might be released in 2013. Maybe. Maybe not. It's up to the state parole board. The victims' relatives concluded Haithcote got a sweet deal and that it got better because of crowded prisons, federal policy against cruel and inhumane treatment of prisoners, and the nature of the state's sentencing law. Those complications on how to view the sentence exist, but one of the relative's remarks made a distinction between Haithcote and Gregory Thompson who sits on death row. The remark was that Thompson killed one person and there were four deaths in the quadruple murder case. Thompson got the death sentence. That's not happening as a result of 4 murders. True enough. Yet Thompson had an accomplice. JoAnne McNamara was sentenced to 20 years in the custody of the Tennessee Department of Corrections. She was released last spring after serving every one of the 20 years in her sentence. McNamara was a witness against Thompson. Will Haithcote be a witness for the next 2 cases in the quadruple murder case? The Times-Gazette has sought and continues to receive comments from victims' relatives. The latest is from Sandra Warren who's offended that the cost of a trial is even considered when the consequences of the crimes included the death of her son, Jackie Daryl Addison. Warren concluded her e-mail to the T-G saying, "It's not over ..." No, it's not. There will be Parole Board hearings; not just one in a few years, or one in 2013. Meanwhile, the heartache is so very sad and the only solution may be time. I wish I'd have been able to take pictures in court of the relatives. Every one of those images would exceed 1,000 words on the sadness experienced by relatives of the victims and of the defendant. As for the Thompson case, here are some early results of our Internet poll started last Friday afternoon. These numbers are from last Friday afternoon until about 7:30 a.m. Wednesday. Nearly 89 % of the people participating in the newspaper's unscientific poll said they believe that Gregory Thompson should be executed on Feb. 7 for the Jan. 1, 1985, murder of Brenda Blanton Lane, the former Times-Gazette reporter who was stabbed to death by Gregory Thompson. Some 6.4 % said they do not support the death penalty, so Thompson should not be executed. Those with no opinion amounted to 3.1 % of the 359 people who cast a vote in the unscientific poll. The rest of the answers were: 1.1 % saying Thompson should not be executed until questions about his mental state can be resolved; and 0.6 % saying Thompson "should not be executed at all." (source: Shelbyville Times-Gazette) FLORIDA----obituary Death-penalty expert Ray Marky, 70 Attorney Ray Marky, a death-penalty expert who argued cases before the U.S. Supreme Court, died Tuesday of complications from bronchitis and congestive heart failure, his family said. He was 70. Marky was considered a giant in the legal field, spending most of his career with the state Attorney General's Office and the 2nd Judicial Circuit in Tallahassee. Marky became a key figure in arguing cases that led in 1979 to the nation's 1st involuntary execution since the death penalty was reinstated by the U.S. Supreme Court -- John Spenkelink being sent to Florida's electric chair. "He flat knew that area of the law as well as anybody in the country," said Jim Smith, who was Florida's attorney general between 1979 and 1987. "He could cite specific sentences from memory. He could tell the court what page, what paragraph. "I marveled at his intellect," Smith said Tuesday. Marky argued untold numbers of cases before the state Supreme Court and also advised attorneys during a decade-long legal battle that resulted in the state sending serial killer Ted Bundy to the electric chair. Judges, too, called for help at times. "We'd have issues come up in trial, even when he was in the Attorney General's Office, and judges would sometimes take a recess to call over to Ray to get the legal issues straightened out," State Attorney Willie Meggs of Tallahassee said. Florida Attorney General Charlie Crist said Marky's "passion for the law and his dedication to the people of Florida will be missed." Coincidentally, Marky was serving as a campaign adviser on public-safety issues to Florida Chief Financial Officer Tom Gallagher, who is opposing Crist for the Republican nomination for governor. An avid duck hunter and longtime smoker, Marky gave up cigarettes shortly before having his larynx removed several years ago. He underwent two heart surgeries in the early 1990s but continued his work, talking with some associates as late as Friday. Marky is survived by his wife of 45 years, Martha; 2 sons; 1 daughter; 1 sister; and a grandson. The family requested donations to the American Lung Association, American Cancer Society or a favorite charity. (source: Associated Press) ************ Florida Supreme Court denies death row appeal The Florida Supreme Court on Tuesday rejected an appeal to delay the execution of Clarence Edward Hill, clearing a last potential hurdle before his scheduled execution next week. Hill, 48, is scheduled to die Tuesday for the 1982 murder of Pensacola police officer Stephen Taylor during a bank robbery. Last week, his attorney, D. Todd Doss, argued before the high court that Florida's method for administering lethal injection could leave inmates conscious for a while and said it amounts to "cruel and unusual punishment." In court filings, Doss had also argued that Hill suffered from brain damage and had been improperly shackled in court, among other arguments. But the Supreme Court sided with a lower court decision from December that Doss had not produced enough evidence on Florida's use of lethal injection to warrant delaying Hill's execution. Doss had relied on a scientific study published last April in the medical journal The Lancet suggesting some inmates executed in Arizona, Georgia, North Carolina and South Carolina had been awake enough to feel pain from the suffocation and heart attack brought on by lethal injection. But justices wrote the study had not included Florida cases and was "inconclusive." "This study does not justify an evidentiary hearing in this case," the court wrote. One justice, Harry Lee Anstead, disagreed, writing the study was new scientific evidence on the effects of lethal injection. He also noted its findings will be used in another Florida death-penalty case on its first appeal next week - the same day Hill is scheduled to die. "Hill, of course, will not be around to benefit if the trial court . . . determines that Florida's protocol requires modification," Anstead wrote. (source: Tallahassee Democrat) OHIO----impending execution Condemned killer blames crime on 'power of drugs' A man scheduled to die by injection Feb. 7 for raping and murdering two women 20 years ago said Tuesday that his crime reflected "the power of drugs." Glenn L. Benner II, 43, of Tallmadge near Akron, rejected media interview requests. He said that out of respect for his victims and their families, those he loved and others he had hurt, he wouldn't comment beyond a 2-sentence statement relayed by the state prison system. "I will not comment further other than I underestimated the power of drugs and in doing so I committed horrific crimes and caused untold and unimaginable pain to many people both to people who knew and loved me, and to people to whom I was a terrifying, dangerous stranger," Benner said. "I will address the Bowser and Sedgwick families at my execution," said Benner, referring to the families of his victims. Benner was convicted of kidnapping, raping and murdering Cynthia Sedgwick, 26, in August 1985 in woods at the Blossom Music Center near Akron where she had attended a concert. He also was convicted of raping and murdering a friend, 21-year-old Trina Bowser, in Akron in January 1986. Benner also was convicted of raping and trying to kill 2 other women in the months between the killings. ******************* Death row inmate linked to 1995 slaying through DNA DNA tests have linked the 1995 slaying of a 13-year-old Akron girl to a convicted killer already on death row, state Attorney General Jim Petro said. Donald L. Craig, 45, was sentenced to death 2 years ago for the 1996 rape and killing of 12-year-old Rosanna "Rosie" Davenport in Akron. Last month, the state Bureau of Crime Identification and Investigation linked Craig's DNA profile with evidence taken from the body of Malissa Thomas, who was killed in Akron in 1995, Petro said Tuesday. The girl was last seen the evening of Jan. 19, 1995, leaving her sister's home. Her mother reported her missing 2 days later. On Jan. 26, workers renovating an abandoned house found her frozen, clothed body on the third floor. Authorities said she had been raped and strangled. "Thanks to DNA and the persistent investigative work of the Akron Police Department, justice is finally being served for Malissa Thomas and her family," Petro said in a statement. Craig was charged with aggravated murder, kidnapping and rape in Malissa's death. DNA evidence had been used to convict Craig in the other killing. That girl disappeared after visiting a friend's home where Craig was living with the friend's mother, authorities said. (source for both: Associated Press) *********** '95 murder of Akron girl solved -- DNA leads to charges for death-row inmate The rape and murder of 13-year-old Malissa Nicole Thomas went unsolved for 11 years until new DNA tests resulted in charges Tuesday against a man already sitting on death row. The rape and murder of 13-year-old Malissa Nicole Thomas went unsolved for 11 years until new DNA tests resulted in charges Tuesday against a man already sitting on death row. Donald Craig, convicted of the 1996 rape and murder of a 12-year-old girl, was charged with aggravated murder, kidnapping and rape in the death of Malissa. Craig was linked to both girls by DNA, detectives said. The circumstances of the girls' deaths are eerily similar. "In the 2 cases, all you have to do is switch the names of the 2 victims," said Detective James Pasheilich. Malissa was last seen the evening of Jan. 19, 1995, leaving her sister's home. Her mother, Sonya Merchant, reported her missing 2 days later. On Jan. 26, workers renovating an abandoned house on East Avenue found her frozen, clothed body on the third floor. Her legs and hands had been bound with cord, and window drapery had been placed over her body. She had been raped and strangled. She had chewed through the cord around her hands in an attempt to free herself. Police for years had no suspects, said Detective Gary Shadie. On Feb. 28, 1996, a little more than a year after Malissa was killed, Rosie Davenport left a friend's home at 6 p.m. but never returned home. On March 5, workers renovating a vacant duplex on South Maple Street found her clothed body under the basement stairs. She had been raped and strangled, and her hands were bound. Malissa's grandfather, Clarence Thomas, who had adopted the child, said Tuesday he always suspected the same person killed Rosie and Malissa. "I called the detective bureau after Rosie's death but was told there was nothing to connect them," he said. Craig, the boyfriend of the mother of Rosie's friend, was a suspect after Rosie's death. But DNA tests at that time were inconclusive. Detectives reopened Rosie's case in 2001, and DNA tests with new technology connected Craig to the crime. He was charged in May 2003, while serving a 7-year term for aggravated arson. He was convicted in July 2004. He has filed a motion for post-conviction relief, saying his lawyers did not present all the mitigating factors in his sentencing hearing. Shadie said he was working in the drug unit in late 2003 when someone told him about Malissa's murder, offering details available only from someone who was there. Shadie reviewed Malissa's file and sent a sample of semen from a vaginal swab to the Ohio Bureau of Criminal Investigation and Identification in the fall of 2004. Shadie said he believed Craig was a likely suspect. A month ago the DNA was identified as that of Craig. Thomas said identifying Malissa's accused killer provides closure, but that it is still difficult to deal with her death, especially as the anniversary approaches. "I think of what she would be," he said. "She would have been 24." (source: Plain Dealer) ******************** Jury seeks death penalty----Judge will sentence rapist, murderer Donald Lavell Craig got his death wish Friday. So did the family of 12-year-old murder victim Roseanna Davenport. Their wish was granted by a Summit County jury that recommended Craig be put to death for the 1996 kidnapping, rape and murder of the Akron girl. Craig, 44, will be formally sentenced Wednesday by Common Pleas Judge Patricia A. Cosgrove. The judge can uphold the recommendation or lower it to a life sentence. Attorneys expect the judge to affirm the death sentence. The jury's recommendation came after nearly eight hours of deliberations over two days. It was received with no outward emotion from Craig or his mother, sister and brother sitting in the back of the courtroom. In contrast, tears, smiles and hugs flowed from the family of the murdered girl, called Rosie throughout the monthlong court proceedings. Jerry Davenport, Rosie's father; her grandmother, Donna Dove; and her cousin, Tonya Trent, all said they hoped and prayed that Craig would be sentenced to death. Afterward, they said they intend to witness the execution, whenever it happens. "I'm going to watch it, oh, I'll be right there, oh yes," Jerry Davenport, 59, said. "I want to see him leave this world, oh yes. The whole family will be there. We will be there to see he gets what he deserves." Lisa Griffin walked out of the courtroom after her half-brother was led away in handcuffs. Her mother and brother quietly followed. Griffin said she supports Craig's claims of innocence and his prospects for a successful appeal. "All is not exhausted. Our family can't fight the verdict, but he has the process of appeals," the Akron woman said. "We feel for the Davenport family, we understand their excitement. My family is saddened, but we are not defeated." Craig has maintained that the DNA evidence connecting him to the rape and murder was either intentionally or accidentally switched with another suspect. He was a suspect in the case immediately after Rosie's body was found in March 1996 in a vacant South Maple Street home just doors from his home. DNA tests back then proved inconclusive. Advanced tests performed in 2002 linked Craig to semen taken from the girl's body and underwear. Rosie was friends with the daughter of Craig's live-in girlfriend and witnesses say Craig followed her out the door on the last day she was seen alive. Prosecutors contend he abducted and raped her and then strangled her to prevent her from reporting the crime. In an interview from the Summit County Jail hours after the jury's death sentence recommendation, Craig said he expected and welcomed the jury's decision. He said appealing his case will be easier from death row, where he said inmates are afforded better access to law books and are given better attorneys. Death row inmates are now housed inside a special section at Mansfield Correctional Institution. "I'm feeling fine. I'll be 45 minutes away from home and have my little cell and my TV," he said in the phone interview. "I got family support from my sister and brother. Everybody who knows me knows I'm not capable of such a crime." Jury foreman Thomas Luneke spoke briefly about the panel's decision while seated in the deliberation room with fellow panelists. He inferred the panel resisted emotions and adhered to state laws covering the use of the death penalty. "We used all the evidence that we could get ahold of, that they gave us, and we made a decision based upon the evidence and facts," Luneke said. During closing arguments in the mitigation phase of the trial, defense lawyers Kerry O'Brien and Brian Pierce could only argue to jurors about the moral dilemma of the death penalty. Mitigating evidence that may have helped Craig avoid a death sentence, such as an abusive childhood or mental diseases, was not available. Evidence showed he had a normal and religious upbringing. He had no mental illnesses and a slightly lower than average IQ. Prosecutors Becky Doherty and Carolyn Mulligan urged jurors to follow the law, which they said makes the death penalty applicable against Craig. They used graphic autopsy photos of the girl during closing arguments to emphasize their point that the severity of the crime outweighed the few mitigating factors that may have favored a life sentence. For jurors, the deliberations were fraught with emotion. "I can't explain the difficulty in this because of the severity of what we saw in the pictures and the death penalty. We took it all into account," Luneke said. "It is very, very hard and I don't know if I ever want to go through it again. We made our decision the best we could." While prosecutors hailed the decision as appropriate, defense lawyers maintained their stance against the death penalty. Appeals, mandatory in death penalty cases, will likely delay the execution for more than 10 years. "I don't see how killing Donald Craig is going to bring justice to anyone in this society," Pierce said. (source: Beacon Journal) ************** DNA Links Death Row Inmate To 1995 Murder Of Akron Teen -- Man Previously Convicted In Another Murder Akron police believe they've solved a murder case that had been cold more than 10 years. Police say DNA evidence linked Donald Craig, a man already on death row for another murder, to the murder of 13-year-old Malissa Thomas, NewsChannel5 reported. Malissa's body was found in 1995 in an abandoned house. She had been tied up, raped, and then killed. DNA was collected at the scene, but it wasn't until recently that it was possible to match the DNA through a nationwide database to Craig. Craig was convicted in the 1996 murder of Rosie Davenport -- after DNA linked him to the crime -- and was sentenced to death. Malissa's mother, Sonya Merchant, said the break in the case brought back a flood of memories. "When they came out and they told me that they found him, I was up here on cloud 22. And then I started winding down and I could put a face to the murderer, and it seemed like he had just killed her yesterday," said Merchant. Even though Craig is already on death row, Malissa's family wants a trial and another conviction for her murder. Investigators say they'll also be looking into other cases to see if they too can be linked to Craig. (source: NewsNet5) **************** MEDIA RELEASE DECISION SUMMARY Court Affirms Convictions, Death Sentence in Galena Double Murder Case state v. Hand case no. 2003-1325, Delaware County A unanimous Supreme Court of Ohio today affirmed the aggravated murder convictions and death sentence of Gerald R. Hand for the January 2002 shooting deaths of his 4th wife, Jill Hand, and Lonnie Welch, a longtime friend and former employee who was alleged at trial to be Hand's co-conspirator in the unsolved murders of his first 2 wives in 1976 and 1979. The Court's opinion was authored by Justice Evelyn Lundberg Stratton. On the evening of Jan. 15, 2002, Hand made a 911 call telling police that an intruder at his Galena home had shot his wife and he had then shot the intruder in self-defense. When police arrived, they found Jill dead in the front hall from a single gunshot to the head, and Welch's body in the driveway of a neighbor, approximately 50 yards from the Hands" front door. Welch had been shot once in the face from close range, and had several bullet wounds in his back. A ski mask was found on the ground near Welch's body. Hand told police that Welch, whom he said he did not recognize at the time, had broken into the house and killed Jill in the front hall. He said he had retrieved two guns he kept in an upstairs bedroom, shot Welch in a downstairs hallway and continued to fire at him as he chased the intruder out of the house and across the yard till Welch fell dead. Hand became a suspect when forensic evidence at the crime scene did not match his description of events, and investigators learned that Welch had been the best man in Hand's wedding and that Hand had severe financial problems but had borrowed to keep paying premiums on approximately $1 million in life insurance policies on his wife. In subsequent interviews, relatives and a former jail cellmate of Welch's told police Welch had admitted to them that he had conspired with Hand in the murders of both Hand's 1st wife, Donna, in 1976 and his 2nd wife, Lori, in 1979. Both women were killed in the basement of Hand's home in Columbus while Hand was in conspicuous public places in the company of multiple witnesses. In both cases the house was ransacked but there was no sign of forced entry. Neither Hand, who collected sizable insurance benefits in both cases, nor Welch was ever charged, and both crimes remained unsolved at the time of Jill's murder in 2002. Based on this and other evidence, Hand was arrested and indicted for the aggravated murders of both Jill Hand and Welch. The indictments included death penalty specifications alleging that the killings were part of a single "course of conduct" in which Hand caused the deaths of 2 or more persons, and that Hand killed Welch to prevent him from disclosing Hand's involvement in the killings of his 1st 2 wives and in the planned murder of Jill. At trial, the judge admitted testimony by several of Welch's family members and friends about Welch's statements to them admitting his own involvement and implicating Hand in the murders of Donna and Lori Hand. These and other prosecution witnesses were also permitted to testify about alleged recent conversations they had with Welch in which he said he had been offered a large sum of cash to kill "the boss's wife," and indicated just before he and Jill Hand were killed that he was about to "take care of his business" and collect the money he had been promised. All of this testimony was admitted over objections by Hand's attorneys that it was inadmissible "hearsay," i.e. testimony by a witness not about what that witness personally saw or heard the defendant do or say, but about what a 3rd party who is not present in court told the witness about the defendant. The jury also heard testimony by a jail cellmate of Hand's about statements in which Hand had allegedly admitted to the cellmate that his purpose in killing Welch was to eliminate the risk of discovery of his past crimes and to conceal Hand's role in the murder of Jill. In June 2003, a jury convicted Gerald Hand of the aggravated murders of his wife and Welch, and sentenced him to death. In today's decision the Court rejected all 13 allegations of legal and procedural error by the trial court that Hand's attorneys had advanced as grounds to reverse his convictions or reduce his sentence. Writing for the Court, Justice Stratton said the trial court applied the correct standard of proof and did not abuse its discretion when it allowed the prosecution to present hearsay testimony about Welch's statements to friends and family members. Justice Stratton cited several exceptions in Ohio's rules of evidence that authorize trial courts to admit hearsay testimony notwithstanding the defendant's Sixth Amendment right to confront witnesses against him. She agreed with the trial court's finding that the proffered hearsay testimony in this case was admissible under Evid.R. 804(B)(6), which specifically allows such evidence when a witness with 1st-hand knowledge of a crime is dead or otherwise unavailable to testify "'if the unavailability of the witness is due to the wrongdoing of the (defendant) for the purpose of preventing the witness from attending or testifying.'" Noting that the trial court had conducted a pretrial evidentiary hearing to evaluate the state's proposed hearsay evidence, Justice Stratton wrote that "(t)he trial court's preliminary determination that Welch's statements were admissible included a finding that Hand killed Welch to eliminate him as a potential witness. Indeed, Hand admitted to Grimes [his cellmate] that he killed Welch to achieve that purpose (i.e. prevent him from being a witness ). Thus, Hand forfeited his right to confront Welch because his own misconduct caused Welch's unavailability." Justice Stratton noted that, under the facts of this case, hearsay testimony regarding Welch's statements was also admissible against Hand under exceptions in Evid.R. 804(B)(3) [statements against the quoted party's interest], Evid.R. 803(3) [statements of intent to take future action] and Evid.R. 801(D)(2)(e) [statements by a co-conspirator]. Among other defense arguments rejected by the Court, Justice Stratton wrote that portions of the prosecutor's closing statement to the jury citing Hand's illegal and unethical business practices and "other acts" not directly related to the January 2002 murders were permissible because Hand had testified in his own defense and the state was therefore entitled to raise questions about his reputation for truthfulness. Contacts: Representing the State of Ohio and Delaware County prosecutor's office: Marianne T. Hemmeter, 740.833.2690 Representing Gerald R. Hand: Pamela Prude-Smithers, 614.466.5394 Please note: Decision summaries are prepared by the Office of Public Information (614.387.9250) for the general public and news media. They are not to be considered as pronouncements of the Court or as official headnotes or syllabi of Supreme Court opinions. The full text of this decision and other Court opinions from 1992 to the present is available online from the Reporter of Decisions: http://www.sconet.state.oh.us/ROD/documents (source: Sp. Court Ohio) ***************** Newest appeal by Richey rejected----Conviction upheld in 1986 arson death Kenneth Richey, the dual U.S.-British citizen convicted in the arson murder of a 2-year-old girl in Columbus Grove, Ohio, was rebuffed by the U.S. Supreme Court yesterday in his 2nd attempt to avoid a death sentence. Without comment, the court dismissed Richey's petition for partial reconsideration of a decision it issued in November reinstating his conviction and death sentence in the June 30, 1986, death of Cynthia Collins. Richard Dieter, executive director of the Death Penalty Information Center, said he wasn't surprised the justices refused to second-guess themselves. "It's very, very rare that they will say [they] were wrong in what [they] said only 2 months ago," he said. The focus of Richey's appeal now returns to the Cincinnati-based 6th U.S. Circuit Court of Appeals, which the Supreme Court ordered to more fully explore whether Richey's trial lawyer was ineffective when he failed to challenge questionable arson forensics evidence. "That tends to be a common argument that is raised in capital cases, and we will continue to defend this case before the 6th Circuit," said Kim Norris, spokesman for Ohio Attorney General Jim Petro. "He was very justly tried, convicted, and sentenced," the spokesman said. That portion of the decision confused Richey's attorneys because the 6th Circuit had previously ruled, in a strongly worded opinion, that his trial defense had been ineffective. Richey, 41, son of a Scottish woman and a former American serviceman, has become a well-known cause on both sides of the Atlantic. The case is the subject of a play in development in Scotland. Richey has said he was intoxicated the night of the fire and doesn't remember what happened. But he has denied setting the fire that killed the child. On Nov. 28, the U.S. Supreme Court put Richey back on track toward execution in Ohio, reversing a 6th Circuit ruling that had set aside his conviction and gave the Putnam County prosecutor 90 days to retry him or release him. In overturning his conviction, the 6th Circuit determined Richey couldn't be convicted of aggravated murder if, as the prosecution contended, the toddler wasn't his intended victim. The prosecution maintained that Richey set the fire to kill his ex- girlfriend and her lover in the apartment below, but killed the child by mistake. The Supreme Court determined, however, that the intended victim was irrelevant as long as murder was the motive for the fire. (source: Toledo Blade) NORTH CAROLINA----impending execution Judge denies Simpson's claim The judge in Perrie Simpson's 1993 sentencing hearing did not unfairly try to coerce jurors to vote for the death penalty, the Rockingham County Superior Court ruled Tuesday. Simpson was present for the evidentiary hearing, which was ordered to determine whether or not his rights as a defendant were violated in his 1993 sentencing. As Simpson quietly looked on, Judge Edwin Wilson heard testimony from witnesses, many of them jurors who recommended the death penalty for Simpson, who in 1985 pled guilty to the robbery and murder of local retired minister Jean Darter, 92. The basis for the hearing was to investigate 1 of 2 points contained in the defenses second motion for appropriate relief. Wilson on Friday denied the defenses contention that their client suffered from an undiagnosed impulse control disorder at the time he committed Darter's murder, saying that evidence could have been presented at a 1998 evidentiary hearing. However, Wilson found sufficient cause to hold the evidentiary hearing to investigate the claims of a sworn affidavit from former juror Jerry Blackwell, who testified that Judge James C. Davis entered the jury room while deliberations were in progress to respond to a question submitted to him by the jury. That question, which came in the form of a note passed through the bailiff, asked the judge to inform the jury if or when Simpson would be eligible for parole in the event he received a life sentence. Blackwell said in his affidavit that Davis told jurors Simpson "would be back out on the street in 1 to 5 years" if they voted for a life sentence. When asked by District Attorney Belinda Foster if his intention was to stop Simpson's upcoming execution, Blackwell said no. "My desire is to tell what I remember," he said. Prosecutors produced three other jurors from the sentencing, each of whom flatly denied that the incident ever happened. Additional testimony was given by former Rockingham County Sheriff's Deputy Danny Combs, who had guarded the door of the jury room at the 1993 hearing in his capacity as bailiff, and Assistant Clerk of Court Shelby Evans, who testified she was in the courtroom for the duration of the jury's deliberation. Each of these witnesses, along with Davis himself, testified that no one had entered the jury room in the 3 hours it took for the jury to return with a verdict. "I remember some extraordinary things about that trial, but that was not one of them. He did not go into the jury room," Combs said of Davis. All of the state's witnesses confirmed that the jury had posed the question to the judge, but the memory of several state witnesses concerning how the judge answered the jury's question contradicted Blackwell's affidavit. Eugene Davis and Lois Moore, each of whom sat on the sentencing jury, said that after the note was passed to the judge, the jury was called back into the courtroom, where Davis emphatically stated that the question was improper and refused to answer it. After Wilson ruled that the claims of Blackwell's affidavit were without merit, the defense expressed concern that, despite the recollections of those who testified, the court reporter in the 1993 trial retained no record of the jury asking the question or the judge's response. Simpson's attorneys plan to appeal his case before the state Supreme Court. Simpson is scheduled to die by lethal injection at 2 a.m. Friday in Raleigh's Central Prison. (source: Reidsville Review) ************ Religious Leaders Meet On Simpson Execution A group of religious leaders met in Winston-Salem on Tuesday to discuss the death penalty in North Carolina -- in particular, an execution scheduled this week. Perrie Simpson is scheduled to die by lethal injection Friday at Central Prison in Raleigh. He was convicted in the 1984 strangling and beating of retired Baptist preacher Jean E. Darter, 92. A judge Tuesday rejected a second request from Simpson for a stay of execution on the grounds that another judge improperly tried to influence the jury's decision to impose a death sentence. Ministers representing a coalition of about 100 churches said Simpson shouldn't be put to death despite the heinous nature of the crime. They asked their congregations and the community to urge lawmakers to stop using capital punishment. Serenus T. Churn Sr. pointed to the case of Darryl Hunt, who served 19 years of a life sentence for a murder another man said he committed. Judith Dancy, pastor of Winston-Salem Friend's Meeting, said Simpson's crime shouldnt go unpunished but that killing him is not appropriate. "We should not be in the business of taking other people's lives," she said. Attorney Robert Elliot said he'll pursue legal remedies as far as they can take him, adding that he feels the issues have merit. Superior Court Judge Edwin Wilson ruled last week that the claim could have been raised in previous appeals and wasn't allowed now. After that ruling, Wilson agreed to hold Tuesday's hearing on Simpson's claim that his trial judge told jurors during their deliberations that Simpson would be out of prison within 5 years if they gave him a life sentence. (source: WXII12.com) ******************* No deadline on justice----State bar shouldn't ignore misconduct on a technicality Last fall the N.C. State Bar charged former Union County prosecutors Kenneth Honeycutt and Scott Brewer with misconduct, arguing they lied to a trial court judge and withheld evidence in a 1996 murder case that sent a defendant to death row for seven years. But a State Bar disciplinary commission dismissed charges early this month, declaring that the charge missed a filing deadline. The deadline rule, the commission acknowledged, was "hopelessly ambiguous." Anyone reading the State Bar's rule might agree on that point, but it's an exceedingly fine point that would serve no other purpose than to allow possibly egregious prosecutorial misconduct to stand. The deadline didn't even exist until 1994. Allowing a technicality to block disciplinary proceedings undermines the State Bar's ability to discipline lawyers. For that reason, the State Bar is taking issue with its disciplinary commission and arguing that the charges should proceed against Mr. Honeycutt, once president of the N.C. Conference of District Attorneys and now in private practice, and Mr. Brewer, now a District Court judge in Richmond County. A memo filed by Carolin Bakewell, counsel for the N.C. State Bar, contends the prosecutors withheld evidence crucial to the defense. That evidence would have alerted lawyers for defendant Jonathan Hoffman that a witness had been offered immunity from federal and state prosecution -- including a dozen charges in Mecklenburg -- and thousands of dollars to testify against Mr. Hoffman. Their actions constitute dishonesty, fraud and deceit, the bar said -- felonious misconduct for which there is no Bar deadline to file complaints. Zeal to punish wrongdoers is a good thing in prosecutors, but not when it results in improper conduct. The public must be assured that its criminal justice system protects the public not only from murderers, but also from prosecutors willing to hide, bend, twist or break the law to get a conviction. The State Bar is right to pursue these charges -- and to get at the truth. (source: Opinion, Charlotte Observer)
