Jackson

ALABAMA – Mental retardation finding may save convicted Jefferson County murderer from death sentence

June 8, 2012 Source : http://blog.al.com

BIRMINGHAM, Alabama — A Jefferson County murderer who served more than four years on Death Row then won a new trial and was reconvicted, may avoid a second death sentence after a state expert found he was mentally retarded, a hearing revealed today.

Esaw Jackson, 33, was convicted and sentenced to death in 2007 for a shooting the year earlier in Ensley that killed a woman and a teenager and wounded the mother’s two teen children.

A Jefferson County jury also convicted him of capital murder in 2011, and recommended a sentence of death in a 10-2 vote.

Pre-sentence testing ordered by Circuit Judge Stephen Wallace, the judge in the current trial, determined Jackson had an IQ of 56, well below the normal legal threshold for mental retardation, which is a 70 IQ.

The U.S. Supreme Court has banned executing mentally retarded murderers.

In today’s hearing, prosecutor Mike Anderson asked for more time to obtain and examine Jackson’s school records for evidence of mental retardation, another indicator courts use to determine if the death penalty should be barred.

Wallace set a July 13 hearing, and said he wants to set the final sentencing after Anderson reports back.

If the assessment holds that Jackson is mentally retarded, “the sentence would have to be life without parole,” said one of Jackson’s lawyer, Erskine Mathis.

Judges in capital cases are not bound by the jury’s sentencing recommendation, but in most cases Alabama judges have overridden the jury’s recommendation of life without parole and imposed death instead.

Fewer than 10 percent of the judicial overrides have resulted in the lesser capital sentence, according to the Equal Justice Initiative in Montgomery.

Jackson was 27 when he fired a rifle at least 15 times into a car stopped at a traffic light on 19th Street and Avenue V. Killed were Pamela Montgomery, 42, and Milton Poole III, 16. Montgomery’s children, Shaniece Montgomery, then 19, and Denaris Montgomery, then 17, were wounded.

The jury in Jackson’s original trial also recommended death in a 10-2 vote, and then-Circuit Judge Gloria Bahakel sentenced him to death. The Alabama Supreme Court overturned his convictionand sentence in 2011, citing improper testimony in the 2007 trial.

Four years after watching his mother and best friend die, Denaris Montgomery committed a murder himself, and now is serving a 21-year prison term.

MISSISSIPPI- Henry Curtis JACKSON -Execution .- LAST HOURS- EXECUTED 6.13 pm

June 5, 2012 Execution of Henry Curtis Jackson
7:00 p.m. News Briefing

Parchman, Miss. – The Mississippi Department of Corrections (MDOC) today conducted the mandated execution of state inmate Henry Curtis Jackson. Inmate Jackson was pronounced dead at 6:13 p.m. at Mississippi State Penitentiary at Parchman. MDOC Commissioner Christopher Epps said during a press conference following the execution that the evening signified the close of the Henry Curtis Jackson case. Jackson was sentenced to death in September 1991 for the crimes of four counts of capital murder of Shunterica Lonnett Jackson, Dominique Devro Jackson, Antonio Terrell
Jackson and Andrew Odutola Kuyoro, Jr. in Leflore County, Miss.“The State of Mississippi – Department of Corrections has carried out the mandated execution of death row inmate Henry Curtis Jackson,” said MDOC Commissioner Chris Epps. “Through the course of nearly 22 years, death row inmate Henry Curtis Jackson was afforded his day in court and in the finality, his conviction was upheld all the way to the U.S. Supreme Court.”
“I ask that you join me in prayer for the families of Shunterica Lonnett Jackson, Dominique Devro Jackson, Antonio Terrell Jackson and Andrew Odutola Kuyoro, Jr. The entire MDOC family hopes you may now embark on the process of healing. Our prayers and thoughts are with you as you continue life’s journey,” said Epps. Epps concluded his comments by commending Deputy Commissioner of Institutions Emmitt Sparkman,  Mississippi State Penitentiary Superintendent Earnest Lee, Mississippi State Penitentiary security staff and the entire staff of the Mississippi Department of Corrections for their professionalism during the process.

——————————————————

Henry “Curtis” Jackson Jr. was pronounced dead at 6:13 p.m. CDT Tuesday after receiving an injection at the Mississippi State Penitentiary at Parchman, officials said.

Clad in a red prison jumpsuit as he lay strapped to a gurney, Jackson was asked if he wanted to make a statement.

“No, I don’t,” he responded as family members sat somberly in a nearby witness room.

4:45 p.m. News Briefing

Parchman, Miss. – The Mississippi Department of Corrections (MDOC) today briefed
members of the news media of death row Inmate Henry Curtis Jackson’s activities from
2:00 p.m. to approximately 4:45 p.m., including telephone calls and visits.
Inmate Jackson’s Collect Telephone Calls
Today, Tuesday, June 5, 2012
No phone calls.
Update to Inmate Jackson’s Visits
 Family visitors left Unit 17 at 3:00 p.m. In addition to previously mentioned
family members, Inmate Jackson’s wife, Ms. Jacqueline Jackson, did visit with
him.
 Attorneys Robert Davis, Jr. and David Voisin visited with Inmate Jackson from
3:00 p.m. until 3:30 p.m.
 Inmate Jackson’s spiritual advisors, Reverend James Cooper and MDOC
Chaplain Marvin Edwards, left Unit 17 at 4:00 p.m.
Activities of Inmate Jackson:
 Inmate Jackson ate none of the dinner offered to him.
 Inmate Jackson does not wish to take a shower and does not want a sedative.
 Inmate Jackson remains under observation. Officers have observed Inmate
Jackson as being very solemn.

Briefing 2.pm

Parchman, Miss. – The Mississippi Department of Corrections (MDOC) will hold three news  briefings today related to events surrounding the Tuesday, June 5, 2012 scheduled execution of death row Inmate Henry Curtis Jackson, MDOC #25585. The following is an update on Inmate Jackson’s recent visits and telephone calls, activities, last meal to be served, and the official list of execution witnesses.

Approved visitation list:
Jacqueline Jackson (wife)
Martha Jackson (mother)
Natasha Jackson (daughter)
Monique Johnson (daughter)
Shameeka Johnson (daughter)
Henry Jackson, III (son)
Darrius Story (son)
Regina Jackson (sister)
Fannie Barbara Payne (sister)
Pearl Jackson (sister)
Glenda Kuyoro (sister)
Gregory Jackson (brother)
Andrew Kuyoro (brother-in-law)
Robert Davis, Jr. (attorney)
David Voisin (attorney)
Reverend James Cooper
MDOC Chaplain Marvin Edwards

Visits with Inmate Henry Curtis Jackson
Monday, June 4, 2012
Robert Davis, Jr. (attorney)
David Voisin (attorney)
.
Visits today, thus far:
 Martha Jackson (mother)
 Natasha Jackson (daughter)
 Monique Johnson (daughter)
 Shameeka Johnson (daughter)
 Henry Jackson, III (son)
 Regina Jackson (sister)
 Fannie Barbara Payne (sister)
 Pearl Jackson (sister)
 Gregory Jackson (brother)

June 5, 2012
Activities of Jackson
 Inmate Jackson was transferred from Unit 29 to Unit 17 on Sunday at 6:00 p.m.
 This morning, at Unit 17, Inmate Jackson was offered breakfast, but ate nothing.
 Inmate Jackson was offered lunch today, but ate nothing.
 Inmate Jackson has access to a telephone to place unlimited collect calls to persons
on his approved telephone list. He will have access today, June 5th until 5:00 p.m.

Approved Telephone List
 Jacqueline Jackson (wife)
 Martha Jackson (mother)
 Natasha Jackson (daughter)
 Monique Johnson (daughter)
 Henry Jackson, III (son)
 Darrius Story (son)
 Regina Jackson (sister)
 Pearl Jackson (sister)
 Glenda Kuyoro (sister)
 David Voisin (attorney)
Inmate Jackson’s Collect Telephone Calls

Monday, June 4, 2012
Three phone calls to: Regina Jackson (sister)
One phone call to: Monique Johnson (daughter)
One phone call to: Pearl Jackson (sister)
One phone call to: Glenda Kuyoro (sister)
Today, June 5, 2012
Thus far today:
No phone calls thus far.
According to the MDOC correctional officers that are posted outside his cell, Inmate
Jackson is observed to be very talkative but somber.

Jackson’s Remains
Inmate Jackson has requested that his body be released to his brother, Gregory Jackson and
Century Funeral Home in Greenwood, Miss.

June 5, 2012
Last Meal
Inmate Jackson has requested no last meal, but will be offered the standard dinner meal.
Execution Witnesses
Spiritual Advisor(s) for the condemned Inmate Jackson requested Reverend James Cooper
and MDOC Chaplain Marvin Edwards as spiritual advisors to witness the execution.
Member(s) of the condemned’s family Inmate Jackson requested no family witness the execution.
Attorney(s) for the condemned Inmate Jackson requested no attorney witness the execution.
Member(s) of the victims’ family Regina Faye Jackson (Mother of Shunterica and Dominque Jackson)
Glenda Kuyoro (Mother of Andrew Kuyoro and Antonio Jackson)Andrew Kuyoro (Father of Andrew Kuyoro and Stepfather of Antonio Jackson)
Sheriffs Sheriff James Haywood, Sunflower County
Sheriff Harold Jones, Copiah County
Members of the Media

Jack M. Elliott
Associated Press
Jackson, MS
Jeffrey Hess
Mississippi Public Broadcasting
Jackson, MS
Charles Edward Smith
The Greenwood Commonwealth
Greenwood, MS
###

MISSISSIPPI – Henry Curtis Jackson – Execution – June 5 Set a 6 p.m EXECUTED 6.13 PM

 

June 5, 2012 Source : http://www.dailymail.co.uk

Media kit (pdf) : click here 

Two women are asking Mississippi’s governor to spare their brother from execution, even though he killed four of their children, paralysed another and stabbed one of the sisters.

Henry ‘Curtis’ Jackson Jnr, 47, is scheduled to be executed today by lethal injection. 

He killed the four children, aged between two and five, during a rampage that started when he went to his mother’s home in Leflore County to take money from her safe on November 1, 1990.

His mother was at church that day, but Jackson’s adult sister, Regina Jackson, was at the home with her two daughters and four nieces and nephews.

Regina Jackson was stabbed five times. Her two daughters and two nephews were stabbed to death. Another niece was so severely injured that she was paraplegic until her recent death. 

Despite her loss and her injuries, Regina said she pleaded for her brother’s life when she met with Governor Phil Bryant yesterday.

She wrote Mr Bryant a letter last month asking for a reprieve, saying she didn’t want her brother to get out of prison and that she ‘just can’t take any more killing’.

She wrote: ‘As a mother who lost two babies, all I’m asking is that you not make me go through the killing of my brother.’

Mercy plea: Mississippi Governor Phil Bryant has been approached by Jackson’s sisters, Regina and Glenda

She said that she had forgiven her brother over the years, adding: ‘If they kill him, they’re doing the same thing that he did. The dying is going to have to stop somewhere.’

Another sister, Glenda Kuyoro, and her husband Andrew also asked Mr Bryant to spare Jackson in a letter dated May 15.

Jackson’s attorney, Robert Davis Jnr, of Tupelo, filed a clemency request with Mr Bryant’s office last week.

Cliff Johnson, a Jackson attorney helping the sisters, said yesterday that the case was unusual because the victims were asking for clemency for the attacker.

He said: ‘Much is said about the importance of respecting the rights and wishes of victims and their families. This case raises a very important question: Are we committed to honoring the wishes of victims’ families when they ask for mercy, or do we hear those voices only when they ask for vengeance?’

Jackson has appealed the case over the years but hasn’t been successful. He has said he doesn’t remember stabbing the children, but testimony from his trial describes a horrific scene.

He cut the phone line before going in the house, according to the court record. Once inside, he demanded money and attacked his sister. One of the children tried to help, but he stabbed her, too.

At some point, Regina tried to fight him off with an iron rod, but he grabbed one of the children to use as a shield.

Regina testified at trial that she was in and out of consciousness after being tied up and stabbed in the neck, but she could hear her brother dragging a safe down a hall.

The noise woke up five-year-old Dominique, one of her daughters.

Court records state: ‘Regina testified that Jackson called Dominique to him, told her that he loved her, stabbed her, and tossed her body to the floor.

‘Jackson returned to Regina, stabbing her in the neck and twisting the knife, at which point she pretended to be dead until she heard him leave.’

Jackson turned himself in to police and confessed to some details. He was convicted and sentenced to death on four counts of capital murder after a trial in September 1991.

His mother, Martha Jackson, said yesterday that she had forgiven her son and planned to visit him before the execution.

She said: ‘If I don’t forgive him, God don’t forgive me.’

Mrs Jackson said she was not sure if she would watch the lethal injection at the Mississippi State Penitentiary at Parchman.

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MISSISSIPPI – Henry Curtis Jackson – Execution – June 5, 2012 at 6.pm EXECUTED 6.13 p.m

FACTS
2. Jackson murdered four children, two of his nieces and two of his nephews, in an attempt to steal money kept in his mother’s safe in her home.On the evening of November 1, 1990,Jackson’s mother, Martha, and four of her older grandchildren went to church. Martha’s daughter, Regina Jackson, stayed home with her two daughters, five-year-old Dominique whom Jackson murdered that night, two-year-old Shunterica whom Jackson murdered, and four other of their nieces and nephews, three-year-old Antonio whom Jackson murdered and twoyear-old Andrew whom Jackson murdered, and eleven-year-old Sarah and one-year-old Andrean who were severely injured during these murders but survived.

3. While Regina and the children were at the house watching television, Jackson parked his car two blocks away, walked to the house, and cut the outside telephone line. He then knocked on the door and was allowed inside. While inside, he picked up the phone and indicated it was not working. Regina headed to a neighbor’s house to place a call to check the phone. Before going very far, Jackson told Sarah to call Regina back. Regina came back in and, followed by her daughter Shunterica, sought Jackson in the kitchen. Jackson told Regina to take Shunterica back into the television room. She did so and upon her return to the kitchen Jackson grabbed her from behind. With one hand around her neck and one around her waist, he walked her down the hall to the boys’ room. He asked for her paycheck. Regina told him she had no money. Jackson then asked for the combination to his mother’s safe. When Regina said she did not know it, he pulled out knives and shoved them into her throat and waist. Regina yelled for eleven-year old Sarah, who came running and jumped on Jackson’s back. The three
struggled, during which Jackson told him that he had to kill them. Sarah begged him to just get the safe and leave.
4. Meanwhile, the smaller children had followed Sarah down the hall, and Jackson called them into the room where they obediently remained. He then took Regina into an adjacent room and tried to open the footlocker where he believed the combination to the safe was kept. Jackson then began stabbing Sarah in the neck, then took Regina and Sarah into the boys’ room where he tried to tie them up. Regina, who had already been stabbed several times, picked up some iron rods that Jackson had brought in from the bathroom, and started hitting him with them. Jackson then went and picked up the baby, one-year old Andrea, and used her as a shield. Regina relinquished the rods and let him tie her up with a belt. He stabbed her again in the neck.While Regina watched, Jackson picked up her daughter, two-year old Shunterica, by the hair, stabbed her, killed her, and laid her on a bed.

5. While Regina and Sarah were struggling to stay alive, Jackson started dragging the safe down the hall which awakened five-year old Dominique. Dominique came down the hall calling for her mother, at which time, as Regina testified, Jackson told Dominique that he loved her,but then stabbed her, killed her and threw her on the floor. After killing Dominique, Jackson
walked over to Regina and again shoved a knife in her neck. Regina then pretended she was dead.
6. Sarah tried to comfort her baby sister, Andrea, and told three-year old Antonio to run for help. Jackson called Antonio back. Regina had fainted by this time and Jackson was trying to wake her up. He then grabbed Sarah again and began stabbing her in the neck. After the knife broke off in her neck, he ran to the kitchen, retrieved another knife, stabbed her again and threw her on a bed. Sarah, too, then pretended she was dead. She heard Antonio yelling for help and saw Jackson kneeling over him. While Sarah did not actually see Jackson stabbing him, she testified that ” I saw his hand moving when he was over him. I didn’t see but I knew he was doing something cause my little brother was hollering.” She likewise did not witness the stabbing of two-year old Andrew, but when she saw him, “[h]e was on the bottom of the bed and his eyes were bulging and his mouth was wide open.” Sarah was able to jump from the bed and escapeout the front door. She hid behind a tree across the street and watched as Jackson came outside, looked around, and went back inside.
7. Upon Jackson’s last view of the room, Regina and Andrea appeared dead, and the four children, five-year-old Dominique, three-year-old Antonio, two-year-old Shunterica and twoyear-old Andrew, were all dead.
8. Shortly after the murders, Angelo Geens, Martha Jackson’s cousin and neighbor, returned to his home at about 8:30 p.m. Sarah ran to him from where she had been hiding and told him that Regina and the others were in the house and that her uncle Jackson had killed them all. Geens carried her into his house and called the police and an ambulance. Deputy Sheriff J.B. Henry and Deputies Tindall, Berdin and Fondren arrived at the scene and discovered the bodies of the four children. Leflore County Coroner James R. Hankins  pronounced the four children dead at the scene. From the house, the bodies of Shunterica,
Dominique, Andrew, and Antonio were sent to the Deputy State Medical Examiner for forensic pathology examinations.

Source :

IN THE SUPREME COURT OF MISSISSIPPI
NO. 98-DR-00708-SCT
HENRY CURTIS JACKSON, JR.
v.
STATE OF MISSISSIPPI

MISSISSIPPI – Miss. court sets execution dates for 2 of 3 men

May 24, 2012 Source : http://www.clarionledger.com

From left: Brawner, Simmons and Jackson

From left: Brawner, Simmons and Jackson / Miss. Dept. of Corrections

Mississippi will not execute three men on three consecutive days in June, after the state Supreme Court set execution dates a week apart for two men and declined to set a date for a third.

Attorney General Jim Hood’s office had asked earlier this month that justices set execution dates for Henry Curtis Jackson Jr., Gary Carl Simmons Jr. and Jan Michael Brawner on June 12, 13 and 14, respectively.

Justice David Chandler, joined by Justices James Kitchens and Leslie King, dissented, citing claims that Brawner’s case, in its early stages, was handled by a law clerk who hadn’t yet passed the bar exam.

“Because the issue of whether a non-lawyers purported representation of Brawner during critical stages of the proceedings never has been addressed by this court and the issue is now clearly before the court, we would allow Brawner to file a successive motion for post-conviction relief on this issue,” Chandler wrote.

  • Brawner, 34, was convicted of the 2001 killings of his 3-year-old daughter, ex-wife and former father-in-law and mother-in-law in Sarah, a Tate County community west of Senatobia.
  • Brawner went to his former in-laws’ home after learning that his former wife planned to stop him from seeing their child, trial testimony showed. He also had no money and contemplated robbing his former in-laws, according to testimony. Brawner admitted to the killings at trial and told a prosecutor he deserved death.
  • Jackson, 47, was convicted of stabbing two nieces and two nephews, ranging in age from 2 years to 5 years, at his mother’s home near Greenwood in 1990. He also was convicted of stabbing his adult sister and another niece, who both survived. Prosecutors said Jackson, 26 at the time, planned to steal his mother’s safe and kill the victims.

On Wednesday, the court set June 5 as the execution date for Jackson on an 8-0 vote. It also set a June 12 execution for Brawner on a 5-3 vote. Meanwhile, it ordered Hood’s office to reply to Simmons’ claims that his original lawyers were ineffective at trial and that he never later had lawyers good enough to point out shortcomings.

Current lawyers argue Simmons should get a chance to be resentenced because they have evidence that Simmons may have post-traumatic stress disorder or other mental illnesses and had suffered from abuse as a child. They’re also seeking a court order allowing access to an expert for a mental evaluation.

  • Simmons, 49, was convicted for shooting and dismembering Jeffrey Wolfe. Wolfe was killed in August 1996 after he went to Simmons’ Pascagoula home to collect on a drug debt, according to court records. Timothy Milano, Simmons’ co-defendant and the person authorities said shot Wolfe, was convicted on the same charges and sentenced to life in prison.
  • Simmons worked as a grocery store butcher when he and Milano were charged with killing Wolfe. Police said the pair kidnapped Wolfe and his female friend and later assaulted the woman and locked her in a box. Police found parts of Wolfe’s dismembered body at Simmons’ house, in the yard and in a nearby bayou.

Simmons and Brawner both said their legal causes suffered in part because of ineffective assistance by Bob Ryan, formerly head of the state office meant to handle post-conviction appeals for people sentenced to death. Five justices, though, said Brawner’s claims have already been litigated and that courts had decided against them.

DALLAS COUNTY : Exonerates Two More Men, 30 Years After the Crime They Didn’t Commit

April 30 source : http://blogs.dallasobserver.com

Thumbnail image for IMG_1616.jpg

This morning, two men stood in the same courtroom where they were convicted of aggravated assault and sentenced to life in prison for a rape and shooting that happened almost 30 years ago. This time, both were smiling, as they were one step closer to exiting the criminal justice hell that consumed the last three decades of their lives.

Raymond Jackson and James Curtis Williams donned suits and were surrounded by friends, family and fellow exonerees, as Judge Susan Hawk, with her declaration of relief from conviction based on actual innocence, granted them entrance into the ever-expanding brotherhood of Dallas County exonerees. This morning’s double exoneration hearing comes just weeks after the exoneration of three men for one crime.

With dozens of men having come before them and about 10 sitting behind them in the audience, it’s clear that systematic flaws that have lead to so many wrongful convictions. Under District Attorney Craig Watkins, Dallas County has been famously proactive in freeing the wrongfully convicted. But what’s less readily apparent is how deep the problem runs.

“I know for a fact” there are other innocent men in prison, Williams said to the crowd gathered after the hearing. “You will not get the proper representation if you are poor,” he added. “A lot of them had to cop out to cases that they knew they was innocent on because they didn’t want to face the jury.”

He and Jackson never backed down. Both had been released on parole in the past two years. “We knew in our heart and we thank God,” Williams said.

Judge Hawk couldn’t find words strong enough for a suitable apology for what the men had faced.

“To say I’m sorry is not enough,” Hawk told the men. “I hope that you have full and happy lives.” The full courtroom cheered after the judge shook their hands. This was Hawk’s fourth exoneration hearing in her nine years on the bench, she said. All four cases were originally heard in the same 291st district courtroom in front of Judge Gerry Meier.

Former public defender Michelle Moore worked with Watkins’ Conviction Integrity Unit from its 2007 creation until last year. When she left her position, Julie Doucet took over. Moore said Jackson’s and Williams’ cases were initially rejected, until the Conviction Integrity Unit revisited them sometime around 2007 during an intense review of hundreds of cases.

“There was a lot of arguing about this one,” Moore says. “Finally, we found some evidence to test.” The biological evidence not only determined the innocence of Jackson and Williams, but it also revealed two men believed to be the actual perpetrators, both in prison for other crimes. Marion Sayles and Frederick Anderson have since been indicted for attempted capital murder.

As has become tradition on exoneration mornings, District Attorney Watkins addressed the courtroom when the hearing was over. “We are doing something wrong with our criminal justice system and we need to fix it,” Watkins said. He addressed the two men, adding, “I am sorry the criminal justice system was not working for you.”

Jackson wasn’t mad, only thankful. “I hold no grudge against the victim. I’m just thankful that they had DNA and they kept ours,” he said.

But accountability in this case, as in many similar cases, is tough to nail down.

“I think the real thing was just getting you convicted, and they didn’t care whether you was innocent or not,” Jackson said. If a jury sees a distraught victim and she identifies the men in court as having done the crime, Williams said, it’s pretty tough to convince a jury otherwise. He added that the jurors in their cases were all white.

“Back then the system was different,” Jackson said. And while the system “back then” put him in prison, he’s sure glad the system now cleared his name. Williams had a different explination: “See, this is a miracle.”

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