alabama

ALABAMA – Expense and execution – Death-penalty cost issue resurges as state struggles


May 30, 2012 Source : http://www.timesdaily.com

As many states look for ways to reduce spending, a battle is brewing between supporters and opponents of the death penalty.

Opponents contend states could save millions of dollars by abolishing the death penalty. Proponents argue the death penalty is needed to punish defendants convicted of heinous homicides, even when it means decades of paying attorneys to argue the merits of a death sentence and for housing an inmate, such as former Sheffield resident Tommy Arthur.

Assistant Attorney General Clay Crenshaw, chief of Alabama’s death penalty litigators, said he is unsure how much the state has spent attempting to carry out Arthur’s execution, which was first ordered in 1983.

“It’s been so long, I’m not sure if anyone knows how much the state has spent keeping Tommy Arthur on death row all these years,” Crenshaw said.

Arthur, 70, has been on death row for 29 years for the 1982 murder-for-hire killing of Muscle Shoals resident Troy Wicker. His conviction was overturned twice on technicalities. The state Supreme Court has set an execution date for Arthur five times only to have it halted when defense attorneys raised legal issues, most recently in March when they objected to Alabama’s use of the drug pentobarbital in executions.

Arthur continues to maintain his innocence.

Alabama Department of Corrections spokesman Brian Corbett said the agency does not keep tabs on the amount of money spent on legal fees for death row inmates, only the cost of housing them, which is now about $43 per day. He said the department does not separate the cost of housing inmates on death row from the expense of keeping them in other areas of a prison.

Alabama has 101 men and four women on death row. The average age of the death row inmates is 41 and they have been there an average of 11 years and 7 months, Corbett said.

Richard Deiter, executive director of the Washington, D.C.-based Death Penalty Information Center, said states typically do not keep track of the amount of money spent on a single inmate from the time they are sentenced to death until an execution takes place.

“There’s probably not anyone in Alabama who knows exactly how much money has been spent keeping Mr. Arthur on death row, but there is no doubt it has been very expensive,” Deiter said. “All states need to take a serious look at how much they are spending on death penalty cases and decide if it is money well spent.”

Crime victims groups and death penalty proponents contend the cost of capital punishment is offset by the value it provides in deterring homicides and punishing criminals convicted of the most heinous murders.

Deiter contends the money spent on executions should be used to prevent crime.

“The death penalty is not a deterrent to crime,” Deiter said. “Some of the states with the highest number of executions also have the highest homicide rates. Studies have shown it can cost more than $30 million to carry out an execution. Only one in 10 death penalty cases results in an execution and when you combine the legal fees for the appeals of all of those defendants, it makes that one execution very costly. That money could be better spent on hiring more police officers, installing better lighting in high-crime areas, providing education aimed at preventing crime and doing other things to make sure crimes do not happen.”

Miriam Shehane, executive director of Montgomery-based Victims of Crime and Leniency, disagrees.

“I don’t care how much it costs to execute someone, we need the death penalty,” she said. “The death penalty opponents want to argue that it is cruel and unusual punishment. My daughter was abducted, then raped for hours and shot repeatedly. Was that not cruel and unusual punishment? The punishment needs to fit the crimes and for some murders, the death penalty is the only appropriate punishment.”

Shehane’s daughter Quenette was kidnapped and killed in Birmingham in 1976.

Three men were convicted of her murder. One was executed, another was sentenced to life in prison without parole and the other sentenced to life with the possibility of parole.

Lauderdale Circuit Court Judge Mike Jones said he never considers the potential cost of incarceration and future legal expenses when deciding if a defendant convicted of capital murder should be sentenced to death. He said that decision is based on the jury’s recommendation and the circumstances of the homicide.

Economics

When a defendant is convicted of capital murder in Alabama, the jury then hears additional evidence before recommending the death penalty or life in prison without parole as punishment. The judge is not obligated to follow the recommendation when imposing the punishment.

“We don’t need to put someone to death because it’s cheaper than keeping them in prison for the rest of their life,” she said. “At the same time, we shouldn’t not put someone to death because it might be more expensive than keeping them in prison. You don’t make a life or death decision based on economics.”

Jones has imposed the death penalty twice.

He sentenced David Dewayne Riley Jr. to death in 2007 for the 2005 shooting death of Florence package store clerk Scott Michael Kirtley. He sentenced Riley, 27, to death again in 2011 after the Alabama Court of Criminal Appeals overturned his first conviction on a technicality. The jury at both trials recommended that Riley receive the death sentence for the execution-style shooting.

Jones said the possible cost of sending Riley to death row never crossed his mind before carrying out the recommendation of the juries.

“The Alabama Legislature may someday decide we can no longer afford to send people to death row,” Jones said. “That’s a decision they would have to make and until they do, I am going to continue to carry out the recommendations of juries who say someone deserves the death penalty when the circumstances of a murder warrant sending a defendant to death row.”

Political battle

Shehane said the Legislature will face a tough battle from her organization and other capital punishment proponents if it ever attempts to abolish the death penalty in Alabama as a way to save money.

Deiter said with the cost of defending death sentences in the appeals process and even the expense of purchasing the drugs used in executions increasing, some states might have to replace capital punishment with a mandatory sentence of life in prison without the hope of parole as a way to punish defendants convicted of the most brutal homicides.

“All states with the death penalty (will have) to decide if it is worth the expense when they are having to cut back in so many other areas, including courts and police,” Deiter said.

For Alabama, Shehane said, the money spent sending defendants convicted of capital murder to death row and carrying out their execution is worth the expense.

SENTENCED TO DEATH

Top 10 states for number of inmates on death row as of Jan. 1:

  • California 703
  • Florida 402
  • Texas 312
  • Pennsylvania 211
  • Alabama 202
  • North Carolina 166
  • Ohio 151
  • Arizona 153
  • Georgia 99
  • Louisiana 89

Source: Death Penalty Information Center

RISING COST OF HOUSING PRISONERS

Daily inmate maintenance costs in Alabama

  • 2000 $25.47
  • 2002 $26.07
  • 2004 $27,92
  • 2006 $36.67
  • 2008 $41.47
  • 2010 $42.30

Source: Alabama Department of Corrections

DEATH PENALTY STATES

Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming.
Source: Death Penalty Information Center

NUMBER OF EXECUTIONS BY STATE SINCE 1976

State Total 2011 2012
Texas 482 14 5
Virginia 109 1 0
Oklahoma 99 2 3
Florida 73 2 2
Missouri 68 1 0
Alabama 55 6 0
Georgia 52 4 0
Ohio 47 5 1
North Carolina 43 0 0
South Carolina 43 1 0

Source: Death Penalty Information Center

ALABAMA- Appeals court upholds pair of death sentences


May 26, 2012 Source : http://www.montgomeryadvertiser.com

An Alabama appeals court on Friday denied the appeals of two death row inmates, one from Montgomery County and the other from Jefferson County.

The Alabama Court of Criminal Appeals upheld the death sentence of 33-year-old Shonelle Andre Jackson in the 1997 slaying of Lefrick Moore during a carjacking in Montgomery.

Jackson was accused of shooting Moore after a traffic accident, and then two other men took Moore’s car.

In his appeal, Jackson claimed misconduct by jurors. The appeal cited one juror whom Jackson’s appeal claimed did not inform the court during jury selection that he owned two guns.

Jackson also cited that another juror did not say during jury selection that she had several friends in the Montgomery Police Department.

Jackson also said in his appeal that the trial judge erred in overturning the jury’s sentencing recommendation that Jackson be sentenced to life in prison without the possibility of parole. He also claimed that his attorney was ineffective in one phase of his trial.

The appellate court also upheld the death sentence given to 42-year-old Willie B. Smith III. Smith was convicted of the October 1991 slaying of Sharma Ruth Johnson, who was abducted while waiting to use a Birmingham ATM machine. She was later shot execution-style in a cemetery.

The court rejected Smith’s claims on appeal, including that he shouldn’t be executed because he is intellectually disabled and that his lawyers provided ineffective assistance at trial.

Both Smith and Jackson are on their second round of appeals.

ALABAMA- Court rejects appeal of death row inmate in killing of Alabama preacher


May 24. 2012 Source : http://www.therepublic.com

USCALOOSA, Ala. — A federal court has rejected the appeal of an Alabama death row inmate convicted of killing a Fayette County minister.

The 11th U.S. Circuit Court of Appeals turned down arguments by Christopher Lee Price. The Tuscaloosa News reports (http://bit.ly/LcLrCh ) that Price argued that his attorney was ineffective and the prosecutor made prejudicial statements during the sentencing phase of his capital murder trial in 1993.

The 49-year-old Price from Winfield was convicted of the stabbing death of Bill Lynn, who was pastor of the Natural Springs Church of Christ.

He was killed with a sword and knife during a robbery at his home in the Bazemore community on Dec. 22, 1991. Lynn’s wife, Bessie Lynn, was injured when she went to help her husband.

ALABAMA- Dothan man sentenced to death for third time – Jerry Jerome Smith


april 18, 2012 source : http://www2.dothaneagle.com

Randolph Flournoy said he’ll never forgive Jerry Jerome Smith for killing his brother more than 15 years ago.

Jerry Smith

“God already done spoken through the judge,” said Flournoy.

Houston County Circuit Court Judge Michael Conaway sentenced 41-year-old Smith to death Wednesday, affirming a recommendation by a jury returned earlier this year.

It became the third time a Houston County judge has sentenced Smith to death for the same capital murder convictions.

A jury found Smith guilty of killing Willie James Flournoy, 40, of Dothan, Theresa Ann Helms, 26, of Wicksburg and David Lee Bennett, 29, of Midland City. The three people were killed at a Sturgeon Court residence on Oct. 19, 1996, which police had described as a crack house. All three people were shot to death in the home.

Several months ago the state Supreme Court upheld Smith’s conviction, but reversed his sentence.

The judge could have affirmed the jury’s recommendation of the death penalty or overturned it and issued a sentence of life in prison without the opportunity for parole.

“Let’s go ahead and give him his last meal,” Flournoy said. “You can not pat the devil on the head and think he’s going to change.”

Marvin Helms said Smith fatally shot his sister seven times.

“I’m tired of coming here for the same thing,” Helms said. “He shot two men less times than he shot my sister. They don’t need to give him life. They need to go on and kill him. They need to take him down to sparky.”

According to the deathpenalty.org website, the primary method of execution is lethal injection in Alabama, although inmates convicted before 2002 can choose either electrocution or lethal injection.

In contrast, Bobby Bennett, the brother of David Lee Bennett, said he disagreed with the court’s sentence.

“I think it should’ve been life without parole. Maybe God can use this young man, even in prison,” Bennett said. “I just don’t believe in taking a man’s life. Who are we to judge?”

Bennett recalled his brother as a forgiving person.

“I still believe in chances even though my brother didn’t have any,” Bennett said. “God brings closure. God forgives, and so must we.”

Conaway heard arguments from Smith’s attorney, Aaron Gartlan, and Houston County District Attorney Doug Valeska before making his ruling.

Attorney David Hogg, who also represented Smith, said his client’s first two sentences were reversed. The death sentence was reversed because of comments made by some of the relatives of victims in the murders during the jury selection of the trial.

Valeska referred to Smith as someone who ran a drug trafficking enterprise. Valeska also said Smith has shown the court no remorse.

Smith turned down an opportunity to say anything before the court made its ruling.

“All he wanted was money for his drug enterprise,” Valeska said. “Jerry Jerome Smith is the worst of the worst. In the history of the city of Dothan no one has ever killed three people and tried to kill a fourth. We don’t call for vengeance, we call for justice.

Gartlan asked the court to consider reports he turned in to the court indicating his client was mentally retarded.

“We were not allowed to develop that issue with the jury,” Gartlan said. “They were not allowed to consider the full picture.”

The state Supreme Court upheld the court’s ruling that Smith was not mentally retarded, which in the state of Alabama would have prevented him from facing the death penalty.

The Supreme Court’s opinion said Smith’s actions of “systematically” killing three people and attempting to kill a fourth after his gun jammed were not the actions of a mentally retarded individual.

Gartlan said the Supreme Court’s ruling did not limit him from presenting his client’s mental retardation as mitigating evidence.

Valeska told the Eagle earlier that it was a death penalty case because two or more people were killed at the same time, and that they were killed during a burglary.

Alabama – High cost of death penalty


april 11, 2012  source : http://www.timesdaily.com

With states like Alabama having to slash services over monetary woes, it’s an appropriate time to reconsider the high costs of the death penalty.

Many TimesDaily readers have expressed the opinion that Sheffield native and death row inmate Tommy Arthur has been in the news much too often in recent months.

They are tired of the seemingly endless appeals process that has allowed a convicted killer to remain on death row for 29 years. Since Arthur was sentenced in 1983, the courts have upheld his conviction in a murder-for-hire plot involving Muscle Shoals resident Troy Wicker. But at the same time, Arthur has avoided execution five times through the appeals process, most recently in late March.

One reader asked how much the efforts to execute Arthur have cost compared to simply sentencing him to life in prison without the possibility of parole. That’s a good question, considering the dire budget situation facing the state.

The answer is not simple, but by comparing Alabama to other states we can get a rough idea of the price.

The annual cost to house one state inmate in 2009 was about $15,118, according to the Alabama Department of Corrections. If 70-year-old Arthur reached the lifespan of the average U.S. male, he would serve a total of 35 years for capital murder at a cost to the state of about $529,130. That does not include the cost of his initial trial.

A report from the Death Penalty Information Center offers what it says is a “very conservative” estimate of $30 million to reach a single execution. This amount factors in the millions wasted on cases where there is never an actual execution.

One specific example is Maryland, where a legislative commission recommended abolishing the death penalty after a study showed the state was paying $37 million per execution.

Much of the costs involved in executing an inmate revolves around exhausting every effort to ensure the person is guilty. As DNA evidence has proved in recent years, the state doesn’t always get it right. The fact that Alabama has no law ensuring access to DNA testing for people convicted of capital crimes and does not require that biological evidence be preserved throughout the capital inmate’s incarceration is among several moral concerns.

But beyond those moral issues remains the nagging thought that revoking the death penalty could make a substantial difference as the state faces a $330 million budget shortfall.

With Arthur and 198 other inmates on death row, the state Legislature should undertake an in-depth study of the cost specific to Alabama’s death penalty.

 

Thomas Arthur – Cruel and unusual?: Death row inmate challenges state execution procedure


april 1, 2012 source : http://www.montgomeryadvertiser.com

A death row inmate who had his execution blocked by a federal court that cited Alabama’s “secrecy” concerning its execution procedure says that procedure could leave him conscious while drugs that stop his breathing and his heart flow through his body.

Attorneys for Thomas Arthur, who was convicted in a 1982 murder-for-hire scheme, argue that the use of pentobarbital to anesthetize a prisoner during an execution violates Arthur’s Eighth Amendment protections.

Suhana Han, Arthur’s attorney, claims the drug does not work fast enough to prevent the inmate from feeling the potentially painful effects of the two drugs that follow, and that the state’s secrecy surrounding its execution protocols makes it impossible to determine whether its use constitutes cruel and unusual punishment, or even if the state follows its own procedures during executions.

Documents filed by Arthur’s attorneys cite the execution of inmate Eddie Powell last year, in which officials apparently did not pinch Powell, the final step of a consciousness test before the fatal drugs are administered.

“What we’re asking the court to do is allow us the opportunity to prove our claim,” Han said. “Alabama has never had its lethal injection process challenged at trial on the merits.”

Arthur was scheduled to be executed March 29, but the 11th Circuit Court of Appeals on March 21 overturned a lower court’s dismissal of Arthur’s appeal on the use of pentobarbital, finding there was no evidence that Alabama was conducting executions in a constitutional manner.

The situation, the court wrote, was “exacerbated by Alabama’s policy maintaining secrecy surrounding every aspect of its three-drug execution method.

“It is certainly not speculative and indeed plausible that Alabama will disparately treat Arthur because the protocol is not certain and could be unexpectedly changed for his execution,” the court wrote.

Brian Corbett, a spokesman for the Alabama Department of Corrections, declined comment last week, saying he was not at liberty to discuss the state’s execution procedures. The Alabama Attorney General’s office also declined comment on the case.

Arthur was convicted of murder in the 1982 death of Muscle Shoals businessman Troy Wicker Jr. Wicker’s murder occurred while Arthur was in a work release program after being convicted of murdering the sister of his common-law wife in 1977. Arthur has maintained that he is innocent of Wicker’s murder.

The state Department of Corrections does not release information on its execution procedures, but the protocols have come out in litigation over capital punishment.

The condemned are first administered pentobarbital, rendering the condemned unconscious. After the pentobarbital, the inmate is given pancuronium bromide, which paralyzes the inmate’s muscles and stops breathing. Finally, the condemned receives a dosage of potassium chloride, which stops the heart.

Alabama, like other states with the death penalty, had used sodium thiopental until 2011, when Hospira, the manufacturer of the drug, stopped making it in the United States. Pentobarbital, which had been used by veterinarians and in physician-assisted suicide in some countries, was adopted as a replacement by most states.

The Death Penalty Information Center said the drug was used in 35 executions in the United States last year, including five in Alabama.

According to court filings, sodium thiapentol takes about 60 seconds to render an inmate unconscious. But Arthur’s attorneys, citing affidavits from two experts, argue that pentobarbital can take between 15 to 60 minutes to reach “maximum effect, which, in the context of a lethal injection, is an inmate’s anesthetization,” a brief filed by Arthur’s attorneys said.

With executions usually taking place within a half-hour attorneys for Arthur argue, that an inmate could feel the effects of the other two drugs before the pentobarbital takes hold.

“The Supreme Court recognizes that if an inmate is not unconscious, that will cause excruciating pain,” Han said. “If an inmate is not unconscious, (pancuronium bromide) is comparable to feeling like you’re being buried alive. The third drug, we’re told, is comparable to your veins and your heart being on fire.”

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Why is Alabama opposing DNA testing?


March 28, 2012  source :http://socialistworker.org

why is Alabama opposing DNA testing?

Rebekah Skelton reports on a case where an Alabama man’s life is at stake.

March 28, 2012

Alabama death row prisoner Thomas ArthurAlabama death row prisoner Thomas Arthur

THOMAS ARTHUR has been on Alabama’s death row for 30 years. He was convicted of killing Troy Wicker in 1982, but has always maintained his innocence. Recently, a federal appeals court stayed Arthur’s March 29 execution date over an issue about lethal injection, though that stay could be lifted at any time.

The real question, however, remains this: Will Thomas Arthur be executed in Alabama without being allowed to have DNA testing that could prove his innocence?

There is a piece of evidence, an “Afro wig” worn by Wicker’s killer as a disguise, that could be tested for Arthur’s DNA. The wig has already been tested once for DNA, after another Alabama prisoner, Bobby Ray Gilbert, confessed to Wicker’s murder in 2008. However, the testing was inconclusive–there wasn’t a match for Gilbert or Arthur.

Ultimately, the original judge decided that Gilbert’s confession wasn’t credible, and despite a lack of other physical evidence tying Arthur to the crime, she recommended that the Alabama Supreme Court deny Arthur’s appeal, which it did.

Now, Arthur’s defense team is asking for a more advanced DNA test, called a mini-STR DNA analysis, on the wig, but Alabama’s attorney general is fighting the request–arguing that this test wouldn’t be any more accurate than the previous one. On top of that, there is no law guaranteeing Arthur the right to further DNA testing.

“I am outraged that there is physical evidence that, if DNA-tested, would prove my father’s guilt or innocence conclusively. This testing could be done prior to his execution and would be paid for by the law firm handling his case,” said Arthur’s daughter Sherrie Stone. “If we are to continue executions in this country, laws must be put in place in which DNA testing must be allowed at all stages of the process. There is a chance we are executing innocent people. I know because my father is one of those people.”

If the lawyers have offered to pay for the testing, what could possibly be the problem? If the test shows that Arthur’s innocent, the state of Alabama can rest easy knowing they didn’t condemn an innocent man to death. And if it show’s he’s guilty, it would only affirm what the state has already convicted him of, at no cost to them.

However, as Andrew Cohen pointed out in a February article in The Atlantic, the general consensus among prosecutors and judges is to value “finality” in cases, rather than “accuracy.” Sharon Keller, the presiding judge of the Texas Court of Criminal Appeals, outlined this position in a 2000 “Frontline” interview, saying, “We can’t give new trials to everyone who establishes, after conviction, that they might be innocent. We would have no finality in the criminal justice system, and finality is important.”

– – – – – – – – – – – – – – – –

IT SHOULD be clear to anyone with a conscience that if there’s even a small chance that someone might be innocent after being convicted, the court should do everything in its power to ensure they have the right person–especially when someone’s life is at stake.

But lately, prosecutors have been fighting harder than ever to keep defendants from having access to post-conviction DNA testing. Hank Skinner has been on Texas death row since 1995. His case has many similarities to Arthur’s, such as DNA evidence the court is denying him the right to have tested and a heavy emphasis on an eyewitness who at one point or another recanted.

“Since these guys are on their electoral deadlines, their finality has nothing to do with accuracy,” said Skinner’s wife Sandrine Ageorges-Skinner. “You can’t rush justice.”

The goal of any justice system has to be to find the truth. As Sandrine said, since no justice system is ever going to be infallible–there have been 289 post-conviction DNA exonerations in the U.S., according to the Innocence Project–prosecutors and judges must be willing to admit that they might have convicted the wrong person.

Post-conviction DNA testing must be granted to prisoners whose guilt is questionable–o matter what the cost, and especially when it could be an innocent person who’s paying the ultimate price.

First published at The New Abolitionist.

Alabama – Carey Dale Grayson – execution – april 12, 2012 DELAYED


source : Court of criminal appeals of alabama  november 1999

The trial court made the following findings of fact concerning the crime and the appellant’s participation in it:

“On the night of [February 21, 1994,] Vickie Deblieux, age 37, was dropped off by a friend on I-59 near Chattanooga, Tennessee, to hitchhike to her mother’s home in Louisiana.

Four teenagers, the defendant ( Carey Dale Grayson), Kenny Loggins, Trace Duncan, and Louis Mangione, all who had been drinking alcohol and using drugs, saw her hitchhiking on I-59 at the Trussville exit in Jefferson County, Alabama. They offered to take her to Louisiana;  instead they took her to a wooded area, on the pretense of picking up another vehicle.“After arriving in this area, they all got out of the vehicle, and began to drink. The defendant, along with the others threw bottles at Ms. Deblieux, who began to run from them. They tackled her to the ground and began to kick her repeatedly all over her body. When they noticed that she was still alive, one of them stood on her throat, supported by the Defendant, until she gurgled blood and said ‘Okay, I’ll party,’ then died.

They then put her body in the back of a pickup truck and took her and her luggage to Bald Rock Mountain, after removing her clothing and a ring, and they played with her body and then threw her off a cliff.

They then went to a car wash in Pell City to wash the blood out of the truck.  After rummaging through her luggage, they hid the luggage in the woods.

“On their return to Birmingham, they took Mangione home and then returned to Bald Rock Mountain, where they began to mutilate the body by stabbing and cutting her 180 times, removing part of a lung, and removing her fingers and thumbs.

“The next morning defendant’s girlfriend found the three of them in Birmingham asleep in the truck all covered in mud and blood.   The defendant told her they got blood on them from a dog.

“On [February 26, 1994,] three rock climbers found Ms. Deblieux’s body and called the police.  Her body was taken to the medical examiner’s office.

“The medical examiner found the following injuries;  almost every bone in her skull was fractured, every bone in her face was fractured at least once, lacerations on the face over these fractures, a missing tooth, left eye was collapsed, right eye was hemorrhaged, tongue discolored, 180 stab wounds (postmortem), two large incisions in her chest, her left lung had been removed and all her fingers and both thumbs were cut off.

“The medical examiner opined that the cause of death was blunt force trauma to the head and that she was alive during the beating.

“All defendants were later arrested after Mangione began showing one of Ms. Deblieux’s fingers to friends.

“Defendant’s Case:

Ralph Wiley, the defendant’s uncle testified that he was disabled because of a bipolar disorder, which is a prevalent disorder in the defendant’s family. That Defendant’s mother died when he was age three and his father has been married four or five times.  He had not been around defendant in many years.

“Dora Roper, the defendant’s second cousin testified that her mother had mental problems for which she had to be hospitalized.

“Jan Arnett, testified that she was defendant’s junior high school teacher when he was ages 13-16.   That he was hyperactive in class, not interested in school, and wouldn’t do classwork or homework․ She tried to get defendant’s father to help the defendant.   That defendant was not violent and knew right from wrong․

“Dr. Rebert, a forensic psychologist for the State of Alabama, Department of Mental Health, opined that the defendant at the time of the incident suffered from a mental disease or defect. She described this as a bipolar disorder and said he was in a manic state at the time of the incident;  however, he did know the difference between right and wrong and was able to appreciate the nature and quality or wrongfulness of his acts.

“Dr. Goff, a private psychologist who opined that at the time of the incident the defendant suffered from a mental disease or defect, bipolar I disorder, which involves extreme mood swings. However, the defendant did know right from wrong but would not be able to respond to the rightness or wrongness of his acts.

“Jan Deblieux, the victim’s mother testified that she was not involved in a lawsuit filed by her daughter’s estranged husband.”

The record further indicates that, although the investigation originally involved suspects in Chattanooga because the victim was from that area, the investigation eventually led the police to the Jefferson County jail, where the appellant was incarcerated. He was interviewed by the police at the jail where he agreed to give a statement, indicating that “they were not hanging this case on him and [he wanted] to tell his side of the story.” The appellant then gave the following statement which was admitted at trial:

“Kenny, T.R., Louis and myself were all drinking very heavily when T.R. and Louis suggested that we get into a fight.  We left and went riding around and found a hitchhiker at I-59 exit in Trussville, Alabama. We picked her up and took her to the pipeline․  Medical Center East. We were all talking when she made a remark about killing us all when I threw a beer bottle at her, then Kenny hit her with his bottle, Louis hit her with his and T.R. with his.  After that she began to run when Kenny got her in the back of the head with another bottle, causing her to fall. We all ran over and began to kick her and hit her. When she stopped moving, Kenny saw she was still alive and stood on her throat [until] she died. Then we took her to Pell City and left the body. We then went to the car wash and washed out the bed of Kenny’s truck and we took Louis home. When we got back to my car, T.R. and Kenny asked me to show them the way to the body and I did.  When we got there, T.R. and Kenny began to mutilate the body by cutting off the fingers and cutting open the stomach. T.R. had found a bottle and shoved it into the [vagina] while Kenny took out her eyes. After this we dumped the body and left for T.R.’s house. Kenny and I returned to my car and we went ․ to Hardee’s in Chalkville and all three of us fell asleep in the truck, where Kenny’s girlfriend woke us up later that morning.”

Upon further questioning, by the authorities, the appellant made other statements concerning the details of the offense.  The appellant stated that while T.R. was standing on the victim’s throat, he placed his hands on the appellant for balance.  He further indicated that, when they dumped the victim’s clothes over the cliff, T.R. took some of the clothing and Kenny took a ring from the victim. The appellant indicated that he took nothing from her. The appellant was then asked why he and his accomplices had killed the victim;  the appellant responded that he did not know why they had killed her, “but it was not his problem.” The officer who took the appellant’s statement noted that he was very cooperative and that his attitude was “almost one of humor. He had a smile during the entire time we were speaking with him.”

The appellant argues that the trial court committed reversible error by refusing to allow the defense to question a State’s witness concerning a civil suit involving the appellant, because, he says, this questioning would have tended to show the bias of the witness. Specifically, the appellant argues that he was improperly prevented from questioning the victim’s mother, Jan Deblieux, concerning a wrongful-death action that had been filed by the victim’s estranged husband against the Miller Brewing Company. The appellant argues that the suit was being brought by the decedent’s estate and that the decedent’s mother clearly had a financial interest in the civil suit, and allowing him to question her about it would prove her bias in seeing that the appellant was convicted.

The record indicates that the victim’s mother had testified during the State’s case-in-chief to establish that the victim was her daughter, and had also testified that, just before the offense, the victim had telephoned her, stating that she would be traveling home to Louisiana very shortly, by bus or by plane. The witness further testified that she never heard from her daughter after that conversation.  There after, during the appellant’s presentation of his defense, the victim’s mother was called as a witness. She was asked whether she knew an attorney who had been hired by her daughter’s estranged husband.  She stated that she had not met with the attorney, nor had she participated in hiring him. More over, when asked if she was “familiar with the nature of the lawsuit filed on behalf on the decedent,” the victim’s mother responded that she had received “a pack like this,” indicating a large stack of materials, but that she had “no idea what it means.”  The prosecutor objected to the questioning on the grounds of relevance and defense counsel asked to make a proffer as to what he expected the evidence to show.  The trial court then allowed defense counsel to make his statement outside the presence of the jury. Defense counsel stated that they sought to admit a certified copy of the complaint and other papers in the lawsuit as well as testimony concerning it, because the lawsuit sought to hold Miller Brewing Company responsible for the victim’s death, because the appellant and his accomplices were drinking Ice House beer to the point of intoxication which caused the death.   Thus, defense counsel argued that the lawsuit, filed by the ex-husband, portrayed the death as caused by intoxication rather than by the appellant’s “meanness” or as part of a satanic ritual, both of which were suggested as causes by the State’s evidence. Defense counsel stated that convicting the appellant would further the victim’s mother’s cause in her lawsuit and therefore affected her bias and credibility, because she had a financial interest in the outcome of the criminal case.

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april 09, 2012  source : http://www.therepublic.com

The scheduled Thursday execution of Alabama death row inmate Cary Dale Grayson has been delayed by the Alabama Supreme Court.

The Alabama Department of Corrections said the Supreme Court had stopped the execution Monday. Officials with the AlabamaAttorney General’s office could not be reached for comment on whether the state would appeal the decision. Last month the 11th U.S. Circuit Court of Appeals stopped the scheduled execution of death row inmate Tommy Arthur after his attorneys challenged a change that had been made to the drugs used in Alabamaexecutions.

Grayson was one of four teenagers convicted for the 1994 torture and murder of Vicki Lynn DeBlieux, who was hitchhiking on Interstate 59. She was beaten and her body was thrown off a cliff and later mutilated.

feb.24, 2012  sourcehttp://www.dailyhome.com

A Birmingham man convicted of a 1994 murder that was discovered in St. Clair County received his execution date from the Alabama Supreme Court on Thursday.The court ordered that Carey Dale Grayson, now 37 years old, be executed by lethal injection on April 12 at Holman Prison in Atmore. Grayson is on death row for the Feb. 21, 1994, kidnapping and murder of Vicki Lynn Deblieux. Grayson was one of four men charged with torturing and killing Deblieux and throwing her body off Bald Rock Mountain, between Odenville and Pell City.

St. Clair County chief investigator Joe Sweatt said he remembers the case as “one of the most horrific murders” to ever occur in the area.

It’s one I’ll always remember,” Sweatt said. “She was hitchhiking on I-59 back to Louisiana, back to her mother’s house.

The murder actually happened in Jefferson County, and they dumped her body in St. Clair County. They actually mutilated the body … trying to make it hard to identify.”

Sweatt said he recalled that all four of the men involved were teenagers, and all were from the Birmingham area. Grayson, the oldest, was 19 at the time.

The truck they hauled her body in, they went to Pell City to the car wash across from the high school and pressure washed the back of the truck and threw some of her belongings in the woods back there,” Sweatt said. “We signed petitions on them here in St. Clair, but we actually had to transfer them in Jefferson County. We had to certify them as adults and went through four separate trials.”

According to Sweatt, the three others involved in the crime were initially sentenced to death, but received life in prison without the possibility of parole.

Alabama Death Row inmate Thomas Arthur wins execution stay from federal appeals court


March 23, 2012 source : log.al.com

MONTGOMERY, Alabama — A federal appeals court has granted a stayof execution for an Alabama man who was set to die next week in a 1982 murder-for-hire case.

The 11th U.S. Circuit Court of Appeals on Friday postponed the execution of Thomas Douglas Arthur until further action of the court.

Earlier in the week the court had reversed a judge’s decision to dismiss Arthur’s appeal, which contended that Alabama’s decision to use a new sedative called pentobarbital as part of a three-drug execution combination could be cruel and unusual punishment.

Arthur’s attorneys on Thursday had sought a stay while the state asks the entire 11th Circuit to reconsider the court’s decision.

Arthur was set to be executed on March 29 for the 1982 murder-for-hire killing of Muscle Shoals businessman Troy Wicker.

Executions scheduled april 2012


Dates are subject to change due to stays and appeals

update april 27

4/05/2012

Michael Anthony Archuleta

Utah

Stay likely

 

4/12/2012

Carey Dale Grayson

Alabama

         DELAYED  

4/12/2012

Garry Allen

Oklahoma

          STAY  

04.12.12

David Gore

Florida

         6:19 p.m  

4/18/2012

Mark Wiles

Ohio

        10:42 am  

4/19/2012

Daniel Greene

Georgia

       CLEMENCY  commuted

4/20/2012

Shannon Johnson

Delaware

        2:55 am  

4/26/2012

Beunka Adams

Texas

         6:25 p.m  

4/25/2012

Thomas Arnold Kemp

Arizona

        10:08 a.m