| July | ||
| 10 | TX | Rigoberto Avila |
| 16 | TX | John Quintanilla |
| 18 | TX | Vaughn Ross |
| 25 | AL | Vaughn Ross |
| 31 | TX | Douglas Feldman |
Category Archives: ALABAMA EXECUTIONS
Executions Scheduled for 2013 June-november
| Month | State | Inmate |
| June | ||
| 18 | OK | James DeRosa |
| 24 | FL | Marshall Gore |
| 25 | OK | Brian Davis |
| 26 | TX | Kimberly McCarthy |
| July | ||
| 10 | TX | Rigoberto Avila |
| 16 | TX | John Quintanilla |
| 18 | TX | Vaughn Ross |
| 25 | AL | Andrew Lackey |
| 31 | TX | Douglas Feldman |
| August | ||
| 7 | OH | Billy Slagle |
| 18-24 | CO | Nathan Dunlap – Stayed |
| September | ||
| 19 | TX | Robert Garza |
| 25 | OH | Harry Mitts |
| 26 | TX | Arturo Diaz |
| October | ||
| 9 | TX | Michael Yowell |
| November | ||
| 14 | OH | Ronald Phillips |
Arizona death-row inmate wants his execution delayed until state has new governor – Samuel Villegas Lopez
Update, June 22 Source :
http://www.azcentral.com
Arizona’s Board of Executive Clemency voted 4-0 Friday not to recommend clemency or a reprieve for convicted murderer Samuel Lopez, who is scheduled to be executed Wednesday.
Also on Friday, Arizona’s Supreme Court denied a request by Lopez’s attorneys for a stay of execution, leaving a pending appeal to the U.S. Supreme Court as his last chance for a reprieve.
Lopez was sentenced to death for the brutal murder of Estefana Holmes in central Phoenix in 1986. After a “terrible and prolonged struggle,” Lopez raped and sodomized her, stabbed her more than 23 times in the chest and head, and slashed her throat, according to court records.
The board’s vote followed impassioned pleas both for and against his execution.
“He didn’t just murder Essie, he murdered our family,” said Denise Evans, Holmes’s daughter-in-law, saying that her devastated husband drank himself to death after her killing.
More than a dozen members of Holmes’s family testified, most describing how the murders continue to affect them, and saying the execution would bring them closure.
“Why should he be allowed more time on this earth than our sister?” asked Sarah Arguijo Bryant.
Assistant Federal Public Defender Kelley Henry expressed her condolences, but told the board that because of poor lawyering, no court had heard the full story of Lopez’s poor and brutal upbringing, or of how his childhood abuse of various substances, as an escape, had left him mentally impaired. Neuropsychiatrist George Wood, describing that upbringing in clinical detail, said Lopez and his siblings essentially were brought up as “feral children.” He noted that two of Lopez’s brothers also faced the death penalty for their own crimes.
That background and impairment should have mitigated his sentence to life without parole, Henry said. Inevitably, when the death penalty is imposed “it’s not for the worst crime, it’s for the worst lawyer,” she said.
State prosecutors had provided the board members with color photos of Holmes and the murder scene. Board member Mel Thomas said he reviewed them closely before the hearing. “I tell you now, when I did this at home, I cried,” he said.
Lopez, who is being held at the Eyman state prison, did not take part in the hearing. He previously had been scheduled for execution May 15, but won a delay after the Arizona Supreme Court agreed that three new members of the clemency board hadn’t had adequate training when they first considered his bid for clemency last month. When Gov. Jan Brewer replaced three of the five board members, including the chairman, in April, the departing members said they had been ousted because she was unhappy with their votes to recommend clemency in certain cases.
Henry had sought another stay, arguing that the new members couldn’t give Lopez a fair hearing because they were improperly appointed and biased against him; but Friday the state supreme court denied her motion without comment. The U.S. Supreme Court had not acted Friday on a separate request for a stay filed by Lopez’s attorneys
June 20, 2012 Source :
PHOENIX — Attorneys for a death-row inmate set to be put to death in Arizona next week want the execution delayed until the state has a new governor, arguing in a Tuesday filing that Gov. Jan Brewer appointed “political cronies” to a clemency board in an unconstitutional, closed-door process.
In their filing in the Arizona Supreme Court, defense attorneys for death-row inmate Samuel Villegas Lopez argue that he can’t receive a fair hearing with the state’s clemency board, often an inmate’s last chance for mercy before an execution.
In their filing, Lopez’s attorneys argued that the new board members are “political cronies” appointed to ensure that they never vote for executions to be delayed or overturned.
The attorneys also argue that the selection committee for the new board members questioned potential members about how they would vote on controversial or high-profile cases in interviews that were closed to the public in violation of open-meetings laws.
“While the Governor may be free to appoint her political cronies to Arizona boards and commissions, and while political patronage may be an accepted part of Arizona government, the law at least requires that those actions be known to the public,” the filing said.
“Offensive to any reasonable notion of fairness, this denial of access to the clemency process would not have occurred in the sunlight of public scrutiny,” they wrote. “Mr. Lopez must now plead for mercy before a board constituted of a majority of members selected by that process.”
Lopez’s clemency hearing is set for Friday.
His attorneys also argue that statements made by Benson and newly appointed board Chairman Jesse Hernandez to reporters display clear bias against Lopez and a prejudgment of his request for mercy.
For instance, Benson told The Associated Press last month that defense attorneys were “attempting to further delay justice for the heinous crimes committed by their client 25 years ago.”
“Throwing together a host of trumped-up charges against a citizen board does not change that fact,” he said.
Hernandez has told the AP that the attorneys were “grandstanding” in filing a lawsuit against Brewer and the board in Maricopa County Superior Court over the new board members.
Hernandez did not immediately respond to a request for comment Tuesday.
The Arizona Supreme Court already delayed Lopez’s execution once, on May 15, to give the new clemency board members time to undergo four weeks of training before they held a hearing about Lopez’s fate.
The court granted the delay on the grounds that Lopez was denied a fair chance for clemency because a majority of the board members had not undergone the training. The court rescheduled the May 16 execution for June 27.
Lopez faces a lethal injection at a state prison in Florence for the 1986 murder of Estefana Holmes. The Phoenix woman was raped, robbed and stabbed in what authorities described as a “terrible and prolonged struggle.
Related articles
- ARIZONA – Arizona death-row inmate’s lawsuit heads to court – Samuel Villegas Lopez (claimyourinnocence.wordpress.com)
- ARIZONA – Samuel Villegas Lopez – Execution June 27, 2012 (may 16, rescheduled ) (claimyourinnocence.wordpress.com)
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.”
read the full article here
Thomas Douglas Arthur new execution date has been set for today at 6pm (Stay)
march 29, 2012 source :
http://www.myfoxal.com
A new execution date has been set for death row inmate Thomas Douglas Arthur.
Officials with the Alabama Department of Corrections say Arthur will be put to death on Thursday, March 29th at 6 pm. That will happen at Holman Correctional Facility in Atmore.
Arthur has served more than 24 years on Alabama’s death row. He was convicted in the contract killing of businessman Troy Wicker in 1982.
Thomas Douglas had challenged his scheduled execution by lethal injection, claiming the state’s use of a new anesthesia did not completely sedate inmates before the lethal drugs were administered. He said the practice was cruel and unusual.
The court on Wednesday declined a request by Alabama’s attorney general’s office to reconsider a March 21 decision allowing Arthur to go forward with his challenge.
Spokeswoman Joy Patterson said the Alabama attorney general’s office was not going to appeal the court decision Wednesday.
State attorneys have pointed to successful executions where the drug — pentobarbital — was used.
The court last week decided to put Arthur’s execution on hold while the challenge was heard. It marked the fifth time that Arthur — who has maintained his innocence for more than 29 years while on death row — was spared execution.
According to court documents filed by the State of Alabama, Troy Wicker’s wife, Judy, testified that she had a sexual relationship with Arthur and paid him $10,000 to kill her husband.
11th court read the docket click here
Thomas Douglas Arthur Website
case and old post click here
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.
full article click here
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 source :
http://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 |
Utah |
Stay likely |
||
|
4/12/2012 |
Alabama |
DELAYED | ||
|
4/12/2012 |
Oklahoma |
STAY | ||
|
04.12.12 |
Florida |
6:19 p.m | ||
|
4/18/2012 |
Ohio |
10:42 am | ||
|
4/19/2012 |
Georgia |
CLEMENCY | commuted | |
|
4/20/2012 |
Delaware |
2:55 am | ||
|
4/26/2012 |
Texas |
6:25 p.m | ||
|
4/25/2012 |
Arizona |
10:08 a.m | ||
|
|
ALABAMA – Execution – Thomas Arthur – march, 29, 2012 STAYED !
update march 26 source :
http://www.care2.com
Thomas Arthur is a death row prisoner in Alabama who could be exonerated by a DNA test, but the courts are preventing this from happening. Another man has already confessed to the crime. Why is this happening?
The death penalty is immoral. No one has the right to intentionally take someone else’s life. And America’s death penalty system is broken.
30 Years On Death Row
Thomas Arthur was sentenced to death for the murder of Troy Wicker in 1982, so he’s been on death row for 30 years. He has always maintained his innocence, and another man has confessed to the crime. So why are the Alabama courts refusing to allow post-conviction DNA testing in this case?
Three times Alabama tried Arthur for murdering Troy Wicker on February 1, 1982. Three times the state got a conviction and death penalty against him. Three times there were problems at trial.
Arthur was set to be executed on March 29, 2012, but received a stay-of-execution related to his claim that it is cruel and unusual punishment for the state to use a new sedative called pentobarbital as part of the lethal injection.
Victim’s Wife Was Lying
Alabama seems to have based its entire case against Arthur upon the testimony of Judy Wicker, Troy’s wife, who said at the time of the murder that she had been raped by a stranger. Over and over again state investigators asked her if Thomas Arthur was involved in the crime. And over and over again she said no.
From The Atlantic:
What happened was that Judy Wicker was lying. Turns out she had hired someone to murder her husband — and got caught doing so! Several months after her husband’s death, Wicker was convicted of murder and sentenced to life in prison. A few years later, however, she cut a deal with prosecutors. In exchange for a recommended early release from prison, she would change her testimony and accuse Arthur of the crime. And that’s what happened. Wicker’s testimony secured Arthur’s third and final conviction. And this time, for over 20 years now, all of the state and federal courts that have reviewed the case have endorsed that result.
Were this all to the story it would be bad enough. But in 2008 things got worse. A man named Bobby Ray Gilbert confessed under oath to murdering Troy Wicker. In a sworn affidavit, Gilbert said he started an affair with Judy Wicker after they met at a bar and soon agreed that he would kill Troy Wicker, whom Judy Wicker claimed was an “abusive” husband. They agreed, Gilbert said decades later on paper, that he would wear an “Afro wig” and dark make-up as a disguise. After he shot Troy Wicker, Gilbert wrote, he and Judy Wicker had unprotected sex, after which she asked Gilbert to “beat her up” so it would look like rape.
Thomas Arthur Must Be Exonerated
Thomas Arthur appears to be innocent. In fact, both the prosecution and defense agree they have evidence worn by the perpetrator of the crime, and Arthur’s lawyers want that evidence retested with advanced DNA technology.
The defense has offered to pay for the testing, and Alabama should allow it.
If you think this case is outrageous, sign our petition telling Governor Bentley of Alabama to allow the DNA testing that could save Arthur’s life.
Update march 23 source
http://blog.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.
update march 21 : source
ATLANTA — A federal appeals court has revived an Alabama death row inmate’s challenge of his state’s new three-drug lethal injection protocol.
The 11th U.S. Circuit Court of Appeals on Wednesday reversed a judge’s decision that dismissed Thomas Arthur’s appeal.
Arthur is set to be executed on March 29 for the 1982 murder-for-hire killing of Muscle Shoals businessman Troy Wicker. It is unclear whether Wednesday’s decision will postpone his execution.
His attorneys claimed that Alabama’s decision to use a new sedative called pentobarbital as part of its three-drug execution combination could be cruel and unusual punishment. State attorneys pointed to successful executions where pentobarbital was used.
The three-judge panel’s decision said the judge who dismissed Arthur’s appeal should have considered whether the swap constituted a “significant change” to Alabama’s execution protocol.
update march, 13, 2012 source :
http://www.timesdaily.com/
MONTGOMERY, Ala. — A lawyer for death-row inmate Tommy Arthur says she wants a chance to argue in court that the procedure the state plans to use this month to execute her client may be unconstitutional.
An April 2011 change in Alabama’s execution procedure is at issue in the case, The TimesDaily of Florence reports (
http://bit.ly/wu60LY
).
The change involved a switch in the first of three drugs administered during lethal injections. The state switched to the drug pentobarbital in 2011, when supplies for sodium thiopental ran low.
Arthur’s lawyer, Suhana Han, argued in federal appeals court this week that the change in procedure might result in an inmate suffering cruel and unusual punishment, which is prohibited by the Eighth Amendment to the U.S. Constitution.
The second injection in the trio causes paralysis, so even if an inmate were still conscious, they may not be able to communicate that they can feel pain, Han said.
Arthur’s lawyer, Suhana Han, argued in federal appeals court this week that the change in procedure might result in an inmate suffering cruel and unusual punishment, and should have been significant enough to trigger an appeals process.
The change should have been significant enough to trigger an appeals process, she maintains.
Assistant Attorney General Clay Crenshaw argued Monday that the switch in drugs was not a significant change to the state’s lethal injection procedure and that safeguards are taken to ensure an inmate is unconscious.
Those safeguards include saying his name, waving a hand close to his eyes and pinching him, Crenshaw said.
Crenshaw said he expects the three-judge panel to make a decision later in the week or early next week.
Arthur was sentenced to death for the Feb. 1, 1982, contract killing and robbery of Troy Wicker Jr. in Muscle Shoals. He is scheduled to die March 29.
Man on Alabama death row makes appeal for new DNA test
Lawyers for a convicted murderer who has spent the last 30 years on Alabama’s death row and is due to be executed on March 29 are asking for a new DNA test to prove his innocence.
Thomas Douglas “Tommy” Arthur, 70, has spent nearly half his life on death row for his role in the 1982 contract killing of Muscle Shoals businessman Troy Wicker Jr. Arthur’s lawyers say no physical evidence linked him to the crime. “We do believe that reasonable doubt exists here, and advanced DNA testing could resolve any doubt,” Arthur’s lead attorney, Suhana Han, said in an email statement.
The state plans to go ahead with the lethal injection barring a last-minute reprieve by the courts. Arthur’s argument for the testing is based on testimony already found by a court to be untrue and has no bearing on the death row inmate’s pending execution, said Assistant Attorney General Clay Crenshaw.
http://www.chicagotribune.com/sns-rt…,7803317.story
Case from Arthur’s website
The following is not provided by the Innocence Project. Information is based on facts from case documents.
1. Thomas Arthur has sat on Alabama’s death row for over 25 years for the murder of Troy Wicker. He has always maintained his innocence.
2. He has been scheduled for execution 4 times. Hair and finger prints found at the crime scene did not match him. No physical evidence linked him to the murder. No murder weapon was ever found. Eye witnesses said he was 75 miles away when the murder was committed. Recent DNA testing in 2009 of the crime scene evidence came back negative for Thomas Arthur. See DNA Test Results
Thomas Arthur’s DNA Was Not Present On Crime Scene Evidence
3. The state’s key witness, the victims wife, Judy Wicker (Mary Turner now) was convicted of murdering her husband for $90,000.00 of insurance money. She was given a life sentence. In her first 7 sworn statements while under oath, Judy Wicker testified Thomas Arthur had nothing to do with the murder.
4. Judy and her sister Theresa were both found at the crime scene with blood on their clothes. Neither woman were tested for GSR (Gun Shot Residue) to see if they had fired a weapon. The bloody clothes have never been DNA tested to see if Troy Wicker’s blood was on them.
5. After serving 10 years in prison Judy Wicker was released from prison in exchange for a new testimony to say Thomas Arthur killed her husband. She also changed her testimony to say it was Thomas Arthur that beat her up and killed her husband. In the original interviews, Judy Wicker now stated Thomas Arthur had sex with her
after killing her husband. This version changed after the interviews and police never charged Thomas Arthur with rape. Originally Judy has said a black man beat her up and raped her. Judy Wickers statements disappeared from the records along with much of the physical evidence including the rape kit.
6. Investigators ignored key evidence and did not disclose key evidence that could of proven Thomas Arthurs innocence. This conviction was based on very weak circumstantial evidence and the key witness is a convicted murderer and has committed perjury.
7. Thomas Arthur has never had his 1st habeas corpus review.
8. Thomas Arthur’s most recent execution scheduled for July 31, 2008 was stayed by the Alabama Supreme Court after the stay had already been denied by the Alabama Supreme Court. Another man, Bobby Ray Gilbert said that he committed the murder not Thomas Arthur. Read Confession
The July 31st, 2008 execution was stayed based on the confession of Bobby Ray Gilbert. A hearing was scheduled
for April 15th, 2009 in Jefferson County Circuit Court before Judge Theresa Pulliam. After hearing testimony from Bobby Ray Gilbert and several others, Judge Pulliam ordered DNA testing on 3 pieces of physical evidence that was collected at the crime scene in 1982. The three pieces of evidence were clothing worn by the victims wife, Judy Wicker, a wig prosecutors and Judy Wicker said Thomas Arthur wore before, during and after the murder, and a single strand of hair found at the crime scene on Judy Wickers shoe. Other key pieces of physical evidence were not available for testing, including a rape kit, because the State had lost them. On July 10th, 2009, DNA test results were turned over to Judge Pulliam.
See DNA Test Results
9. Judge Pulliam “sealed” the test results and prevented the defense from disclsoing results.
10. August 10, 2009, Judge Pulliam ruled Bobby Ray Gilbert lied and that DNA test results proved he was not at the crime scene and could not have committed the murder. She also ruled Thomas Arthur perpetrated fraud against the court and provided Bobby Ray Gilbert with information to aid in his confession. There was no evidence to prove Thomas Arthur provided information to Bobby Ray Gilbert. However, lets assume he did provide information to Gilbert. What would this prove? It would prove Thomas Arthur was attempting to prove his innocence in the only way he could, to have the DNA tested. The courts would not allow him to test the DNA evidence simply because of his claims of innocence. The United States Supreme Court has ruled DNA testing to prove your innocence is not a constitutional right.
11. The most crucial piece of evidence, the wig worn by the killer could not be DNA tested by Alabama’s Forensic Department becuase they lack the advanced equipment needed for the test. Arthur requested that the wig be tested by a more advanced lab at the defense’s expense. Pulliam denied the request.
12. April 15th, 2011, the State of Alabama files a motion to set a new execution date.
****Bobby Ray Gilbert’s DNA was not present at the crime scene.
Neither was Thomas Arthur’s.
****That is a fact that cannot be ignored.***
13. June 22nd, 2011 The Supreme Court of Alabama denied the State of Alabama’s Motion to set a new execution date. (click on “links to motions filed” tab on left of home page to see copy of order)
It makes one wonder, if DNA test results prove one man was not at the crime scene and is lying about committing this murder, then how is it possible those same DNA test results cannot confirm Thomas Arthur was not at the crime scene? How can the same DNA test results say one man was not there and then say the other man was there? DNA test results were the same for both men… negative.
Additional DNA Evidence that includes blood, hair and semen was recovered and still exists, but it has never been DNA tested !!! Yet the State of Alabama not only REFUSES to DNA test the crime scene evidence –but it is refusing to allow Arthur to have the evidence DNA tested at HIS EXPENSE!!!
See all the Evidence Collected By The State of Alabama
See all the Evidence Collected By The State of Alabama
Note:
The same day as the confession and the stay of execution the state of Alabama’s attorney general, Troy King and Clay Crenshaw claimed a rape kit and other physical evidence collected at the crime scene in 1982 is missing. After all these years of Thomas Arthurs defense team trying to obtain it, it is now missing. Troy King also stated to the media the DNA would not have matched Thomas Arthur anyway. King said Arthur had planted all the DNA evidence. This stunned legal professionals especially since DNA testing was not around in 1982 when the murder was committed.
The Innocence Project based in New York is involved in Thomas Arthurs case. They are assisting Thomas Arthurs attorneys and have written numerous letters and filed several motions on Arthurs behalf. Click on the Innocence Project link for more information. There are many prominent organizations that have requested additional DNA testing in Arthur’s case. The Innocence Project in New York, Amnesty International, The Saint ‘Egidio Community, The Justice Institute, for the wrongfully convicted, DER/SPIEGEL, former Governor Jim Petro, Alabama Senator Hank Sanders, Equal Justice Initiative of Alabama, Sister Helen Prejean. There are many other organizations involved in demanding additional DNA testing in Arthur’s case. Project Hope to Abolish the death penalty, National Coalition to Abolish the death penalty, Florida support groups, The Patrick Crusade, are among the many organizations that have been involved. There are many individuals who are helping on a personal level. There are to many to name them all. Literally tens of thousands of United States Citizens, and people around the World have written or called on Arthur’s behalf.
The same day as the confession and the stay of execution the state of Alabama’s attorney general, Troy King and Clay Crenshaw claimed a rape kit and other physical evidence collected at the crime scene in 1982 is missing. After all these years of Thomas Arthurs defense team trying to obtain it, it is now missing. Troy King also stated to the media the DNA would not have matched Thomas Arthur anyway. King said Arthur had planted all the DNA evidence. This stunned legal professionals especially since DNA testing was not around in 1982 when the murder was committed.
The Innocence Project based in New York is involved in Thomas Arthurs case. They are assisting Thomas Arthurs attorneys and have written numerous letters and filed several motions on Arthurs behalf. Click on the Innocence Project link for more information. There are many prominent organizations that have requested additional DNA testing in Arthur’s case. The Innocence Project in New York, Amnesty International, The Saint ‘Egidio Community, The Justice Institute, for the wrongfully convicted, DER/SPIEGEL, former Governor Jim Petro, Alabama Senator Hank Sanders, Equal Justice Initiative of Alabama, Sister Helen Prejean. There are many other organizations involved in demanding additional DNA testing in Arthur’s case. Project Hope to Abolish the death penalty, National Coalition to Abolish the death penalty, Florida support groups, The Patrick Crusade, are among the many organizations that have been involved. There are many individuals who are helping on a personal level. There are to many to name them all. Literally tens of thousands of United States Citizens, and people around the World have written or called on Arthur’s behalf.
| This page has the basic history of Thomas Arthur’s case. This case is very complex and has many files.The murder of Troy Wicker occurred February 01, 1982. Thomas Arthur has been convicted in 3 separate trials. Most assume that if he has had three trials, he must be guilty if he was convicted three times. The attorneys appointed to represent him at all three trials had never tried a capital murder case before and were subjected to a $1,000.00 cap on fees paid to them by the State of Alabama. Recent Article Thomas Arthur even produced documents showing that his attorney’s had told him they were not prepared or qualified to defend him. He also showed he was not able to communicate with them. Several jury members have since made statements that if they had been allowed to view all of the evidence, they would not have found him guilty. By the time he found a law firm to represent him pro-bono, (2001) , based in New York, they, with a private investigator found many new pieces of new evidence. However, because Arthur had no attorney during his post-conviction appeals,(Alabama is the only State in United States that does not provide a death row inmate an attorney during this post-conviction appeal process) his rule 32 was filed late. Therefore, none of the new evidence has ever been allowed to be shown to a Court of Law.Thomas Arthur, Alabama death row inmateZ-427 has sat on death row for over 20 years. He has been denied DNA testing of crime scene evidence, and his claim of innocence, nor any of the irregularities related to the investigation of the murder, has EVER been considered by a state or federal habeas court for how they affected his constitutional right to due process, a fair trial, effective assistance of counsel. the State of Alabama states he has “exhausted all of his appeals”. When in fact he has never had any of his post-conviction appeals heard by any court.We have added an additional page for the media (click on the link to motions filed) to find all the past and current motions filed. If you have questions or request more file information, go to the contact us page and contact Sherrie Stone for any media information or call Arthur’s Attorneys SuHana Han 212-558-4647 or Jordan Razza 212-558-3496 for legal issues. The following is the background information : |
| The following are “facts” in Thomas Arthur’s Case:DNA Evidence that includes blood, hair and semen was recovered and still exists, but it has never been tested!!! Yet the State of Alabama not only REFUSES to DNA test the crime scene evidence—but it is refusing to allow Arthur to have the evidence DNA tested at HIS EXPENSE!!! |
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DNA Evidence that includes an untested rape kit, bloody shirts, and hair has never been tested. The State of Alabama has denied Thomas Arthur the right to evidence that could conclusively prove Thomas Arthur’s innocence and that Thomas Arthur was never at the crime scene. Because of an act called the AEDPA act, Read the ADEPA Act , this evidence is not being allowed because it is based on a 1 year time limit on filing your petition within a year. Very hard for a death row prisoner to file this if they have no attorney. Arthur had no attorney. The State of Alabama is the only State that does not guarantee a Death Row Inmate the right to an attorney during the post conviction appeals.
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No physical evidence links him to the crime. His conviction was based almost exclusively on the testimony of a convicted murderer. Although DNA testing was not available when the crime was committed, hair and fingerprints found at the scene of the crime did not match Thomas Arthur. See all the Evidence Collected By The State of Alabama
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Two eyewitness gave statements (exculpatory affidavits) placing Thomas Arthur 75 miles away at the time of the crime. These eyewitnesses were visited by the State of Alabama and under suspicious circumstances changed their statements. However, one of the witnesses changed his story back to the original story, then recently was visited by the State and changed his story again under very “pressured circumstances”. The other witness has made statements that he is frightened of losing his business and “other” things. The first time these witnesses gave their statements, they came forward on their own, under no pressure. See Witnesses 1st Statements See Witnesses 2nd Statement After State Visited Them You can view additional statements made by the attorney and private investigator that were present during the first statements made by the witnesses. See Attorney And Investigator Statements
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The victim’s wife Judy Wicker was charged with the murder and originally stated under oath Thomas Arthur was not the murderer, but she did name two other people that assisted her with committing the murder. Judy wicker stated she had paid her sister , Theresa Rowling $6000.00 and Theresa’s boyfriend Theron McKinney had received a Trans Am. Theresa had cashed a check in the amount of $6,000.00 from Judy. They were never charged with a crime, regardless of Theresa being found at the crime scene with her sister Judy and both had blood on their clothes. Neither Judy or Theresa were tested to see if they fired the gun that killed Troy Wicker. Numerous Law Enforcement Officials were on the scene with the equipment to perform such a test. See Writ of Certiorari With All Information A recent statement made by the Alabama Attorney General Troy King is ”he was aware of an affair Judy Wicker was having with one of the police officers at the crime scene and the untested semen could belong to anyone”. He went on to state “Judy was known for her promiscuous behavior”. This could be why Judy or her sister Theresa were never tested to see if they fired the gun that killed Troy Wicker.
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Judy Wicker never testified at Thomas Arthur’s 1st and 2nd trials. However, she did sign statements that he had nothing to do with the murder , and made numerous written statements(7 times) that Thomas Arthur was not the murderer. She did tell investigators Mays, and Aycock she paid her sister Theresa and Theresa’s boyfriend to help her with the murder. However, after serving 10 years in Tutwiler prison, she changed her testimony by force from the DA in exchange for freedom. She then stated that she had sex with Arthur and he then killed her husband . (There is a rape kit the State refuses to DNA test). After signing the statement, they did not release her. The State then told her she would have to wait and see if Thomas Arthur got a new trial and he did. The State lied to her and did not release her. They made her wait four more years. Then Judy Wicker was forced to testify at Thomas Arthur’s 3rd trial to say he was the murderer. She was released from prison in exchange for her testimony. The prosecutor during Arthur’s 3rd trial, when Judy Wicker changed her testimony in exchange for early parole, had represented Wicker as her defense attorney during her previous unsuccessful parole hearing. She also stated at first she was raped by an Intruder then he killed her husband. That was her statement 7 different times. The final statement, the one she gave in exchange for parole, she said Thomas Arthur had sex with her, then killed her husband. The untested rape/sex kit could be compared to the FBI data base to see if it matches someone else that could have murdered Troy Wicker. After the recent statement made by the Alabama Attorney General, Troy King, that untested kit could match the police officer at the crime scene with Judy Wicker that morning. It seems as if it would match anyone other than Thomas Arthur. If you click on the link , look at pgs 2,3,4 & 5 See Writ of Certiorari With All Information .
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Alabama is the only State that does not provide death row inmates the right to an attorney during post-conviction petitions. Read Recent New York Times Article The inmates are supposed to have the right to a law library to research and file their own petitions. Thomas Arthur did not have an attorney and was given access to a “day” room with no law books. See Statement From Holman Prison Official He was told he could request the law books. By the time he found a voluntary attorney, his petition was denied for being filed late. Therefore he is denied his FIRST HABEAS CORPUS review. He has been turned down for the right to the reviews that will prove his innocence. He will be executed without receiving ANY State or Federal reviews.
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The Holman Prisons Warden denied visitation by an investigator who was willing to try and ferret out the facts that would enable an lawyer interested in Arthur’s case to decide to represent him.
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Holman Prison lacks a law library for death row prisoners or information about how to qualify for a state or federal post-conviction lawyer.
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Thomas Arthur made many unsuccessful efforts to interest a pro bono lawyer in his case, including an article in Justice Denied (Aug-Sept. 1999) Read Article
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Several jury members have made statements that if they had seen all of the evidence, they would not have found him guilty.
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The victim, Troy Wicker’s sister has signed an affidavit that she does not believe Thomas Arthur Killed her brother. She is asking that Governor Riley stay the execution until the crime scene evidence can be DNA tested . See Wickers Sister Statement.
- The State has made numerous statements that the DNA testing of the crime scene evidence would not prove Arthur’s innocence. The Innocence Project based in New York, is the Nations leading experts in DNA testing, and wrongful convictions have strongly disagreed. The Governor of Alabama’s legal advisors even requested Post-Conviction DNA testing information from the Innocence Project. See Letter From Innocence Project Now with a confession from a man that says he committed the murder, with the leading experts in DNA testing stating that DNA testing the evidence could prove Arthur’s innocence, and prove if the confession of the man that claims to have killed the victim, is in fact the killer. The State still insists on executing Arthur without allowing DNA testing at Arthur’s expense.
CLICK ON “LINKS TO MOTIONS FILED” TO THE LEFT TO SEE ALL
RECENT MOTIONS FILED & ALL FACTS IN CASE
US – Execution scheduled march 2012
Dates are subject to change due to stays and appeals
March
- 6 NE Michael Ryan - Stayed
- 8 AZ Robert Towery †
- 8 PA Dustin Briggs – (Stay Likely)
- 15 OK Timothy Stemple †
- 17 OK Garry T. Allen Execution Date:
February 16, 2012- Stay Issued UntilMarch 17, 2012 , again delayed april 12 - 18 SD Briley Piper – (Stay Likely)
- 20 MS Larry Puckett †
- 22 MS William Mitchell †
- 28 TX Jesse Hernandez †
- 29 AL Tommy Arthur (Stay)
