MARCH

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

Advertisements

TEXAS – Jesse Joe Hernandez execution – march 28, EXECUTED 6.18 p.m


Jesse Joe Hernandez received lethal injection for the slaying of Karlos Borja (10 months old) 11 years ago.

“Tell my son I love him very much,” the 47-year-old Hernandez said before being put to death. “God bless everybody. Continue to walk with God.”

“Dile a mi hijo que  le quiero mucho”, dijo  Hernández de 47 años de edad, antes de ser condenado a muerte. “Dios bendiga a todo el mundo. Continúe caminando con Dios.”

As the drugs took effect, he repeated his appreciation for those he knew who had gathered to witness the execution. “Love y’all, man,” he said. “… Thank you. I can feel it, taste it. It’s not bad.”

He took about 10 deep breaths, which grew progressively weaker until he was no longer moving. Ten minutes later, at 6:18 p.m. CDT, he was pronounced dead.

———————————————————————-

The U.S. Supreme Court this afternoon rejected Jesse Hernandez’s request for a stay of execution, a court spokesman said.

(Los EE.UU. Corte Suprema de Justicia rechazó esta tarde, Jesse Hernández solicitud de suspensión de la ejecución, comento un portavoz del tribunal.)
The high court ruling came about two hours before the 47-year-old Hernandez, who previously was convicted of a child sex offense, could be taken to the Texas death chamber for lethal injection. The justices’ order was brief and did not include an explanation for their decision.

The Texas attorney general’s office opposed any delay, questioning whether the high court even had jurisdiction in the case because constitutional claims weren’t raised earlier in state courts.

Thomas Jones, an assistant attorney general, said jurors who sent Hernandez to death row probably would not have approved of a trial strategy that attempted to shift blame for the child’s death to the doctors treating him.

“Such an argument smacks of chutzpah,” Jones told the Supreme Court.

The decision clears the way for Texas to put Hernandez to death by injecting him with a series of drugs, including one often used to euthanize family pets. It will be the fourth execution of the year in Texas, the 12th in the United States.

march, 28, 2012 sourcehttp://abclocal.go.com

HUNTSVILLE, TX — The U.S. Supreme Court is considering whether to block the scheduled execution of a convicted child sex offender condemned in the beating death of a 10-month-old boy he was babysitting at a home in Dallas.

Related Content

Forty-seven-year-old Jesse Joe Hernandez is set for lethal injection Wednesday evening in Huntsville for the slaying of Karlos Borjas 11 years ago.

The child was brought to a Dallas hospital in April 2001 with a skull fracture and bruises to his head, thigh and abdomen. A week later, he was taken off life support and died. Hernandez’s DNA was found in Karlos’ blood on a pillowcase and on the child’s clothing.

Hernandez denied beating the children but later acknowledged to a detective he may have hit the boy with a flashlight.

case and court old post  click here

traducion para los hispanicos

Huntsville, Texas (AP) – La Corte Suprema de EE.UU. está considerando la posibilidad de bloquear la ejecución programada de un delincuente sexual sobre menores  condenado a muerte , por golpear  un niño de 10 meses de edad, cuando estaba de  niñera en una casa en Dallas.

Cuarenta y siete años de edad, Jesse Joe Hernández está listo para la inyección letal la noche del miércoles en Huntsville por el asesinato de Karlos Borjas, hace 11 años.

El niño fue llevado a un hospital de Dallas en abril de 2001 con una fractura de cráneo y contusiones en la cabeza, el muslo y el abdomen. Una semana más tarde, se le retirara el respirador artificial y murió. El ADN de Hernández se encuentra en la sangre Karlos ‘en una funda de almohada y en la ropa del niño.

Hernández negó a golpear a los niños, pero más tarde reconoció a un detective que pudo haber golpeado al muchacho con una linterna.

No. 11-9486

Jesse Joe Hernandez v. Texas

from the Court of Criminal Appeals of Texas

Docket Entries

on March 27, 2012

Reply of petitioner Jesse Joe Hernandez filed.

on March 27, 2012

Brief of respondent Texas in opposition filed.

on March 26, 2012

Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.

on March 26, 2012

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)

Parties

Jesse Joe Hernandez, Petitioner, represented by Brad D. Levenson

Texas, Respondent, represented by Thomas M. Jones

Texas, Respondent, represented byFredericka Sargent

Last updated: March 28, 2012

from Us supreme Court :

No. 11-9486      *** CAPITAL CASE ***
Title:
Jesse Joe Hernandez, Petitioner
v.
Texas
Docketed: March 26, 2012
Linked with 11A904
Lower Ct: Court of Criminal Appeals of Texas
  Case Nos.: (WR-62,840-02)
  Decision Date: March 21, 2012
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 26 2012 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2012)
Mar 26 2012 Application (11A904) for a stay of execution of sentence of death, submitted to Justice Scalia.
Mar 27 2012 Brief of respondent Texas in opposition filed.
Mar 27 2012 Reply of petitioner Jesse Joe Hernandez filed.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Brad D. Levenson Director (512) 463-8502
Office of Capital Writs
Stephen F. Austin Building
1700 N. Congress Avenue, Suite 460
Austin, TX  78711
Party name: Jesse Joe Hernandez
Attorneys for Respondent:
Thomas M. Jones Assistant Attorney General (512) 936-1400
Office of the Attorney General of Texas
Post Office Box 12548
Capitol Station
Austin, TX  78711-2548
Party name: Texas

Mississippi – William Mitchell – execution Last 24h


March 22, 2012 Execution of William Mitchell
7:00 p.m. News Briefing 


Parchman, Miss. – The Mississippi Department of Corrections (MDOC) today conducted the mandated execution of state inmate William Mitchell. Inmate Mitchell was pronounced dead at 6:20p.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 William Mitchell case. Mitchell was sentenced to death in 1998 for the crime of capital murder of Ms. Patty Milliken in Harrison County, Miss.

“The State of Mississippi – Department of Corrections has carried out a court order issued by the state Supreme Court. The role of the MDOC is to see that the order of the court is carried out with decorum,” said MDOC Commissioner Chris Epps. “Through the course of nearly 17 years, death row inmate William Mitchell was afforded his day in court and in the finality, his conviction was upheld all the way to the U.S. Supreme Court. For the second time this week, the cause of justice has been championed.”

“I ask that you join me in prayer for the family of Ms. Patty Milliken. 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/Parchman Penitentiary Superintendent Emmitt Sparkman and the entire Mississippi State Penitentiary security staff for their professionalism during the process.

William Mitchell was pronounced dead at 6:20 p.m. Thursday after a lethal injection

Asked whether he wanted to say anything before the chemicals were pumped into his veins, Mitchell emphatically said, “No.”

Dressed in a red jumpsuit, wearing black-and-white sneakers, Mitchell appeared to lick his lips, took a deep breath and exhaled and then yawned. Moments later he closed his eyes and officials pronounced him dead.

Two members of Milliken’s family — son, Williams Burns; and a sister, Rosemary Riley — witnessed the execution.

Gov. Phil Bryant issued a statement that he would not halt the execution.

“After reviewing the case of William Mitchell and the crime he committed, I will not stand in the way of the scheduled execution. My thoughts and prayers are with the family and friends of Patty Milliken, who fell victim to this horrible act of violence,” Bryant said in the statement.

Mitchell’s body will be turned over to his sister Gerolyn Mitchell and Brinson Funeral Home in Cleveland, Miss.

March 22, 2012 Scheduled Execution of William Mitchell
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 William Mitchell’s activities from 2:00 p.m.
to approximately 4:45 p.m., including telephone calls and visits.
Inmate Mitchell’s Collect Telephone Calls
 Today, Thursday, March 22, 2012
Two calls: Janine Woodard (friend)
One call: Gerolyn Mitchell (daughter)
Two calls: Glenn Swartzfager (attorney)
One call: David Voisin (attorney)
Update to Inmate Mitchell’s Visits
 Family visitors left Unit 17 at 3:00 p.m.
 Attorneys Glenn Swartzfager and Louwlynn Vanzetta Williams visited with Inmate
Mitchell from 3:00 p.m. until 3:30 p.m.
 His spiritual advisor, MDOC Chaplain Imam William Sabree, left Unit 17 at 4:00 p.m.
Activities of Inmate Mitchell:
 Inmate Mitchell ate very little of his last meal,
 Inmate Mitchell does not want to take a shower.
 He has requested a sedative. (Diazepam 5 ml)
 Inmate Mitchell remains under observation. Officers have observed Inmate Mitchell as
still being talkative.
The United States Supreme Court has denied William Mitchell’s
certiorari petition and application for stay of execution.

update march 22, 5.05 pm  source : http://www.wtva.com

PARCHMAN, Miss. (AP) – The U.S. Supreme Court refused to block the execution of a convicted killer, and Mississippi officials were expected to put him to death by lethal injection on Thursday evening.

William Mitchell, 61, was convicted in the Nov. 21, 1995, slaying of Patty Milliken.

Milliken, 38, disappeared after walking out of the Majik Mart convenience store in Biloxi where she worked to have a cigarette with Mitchell.

Milliken’s body was found the next day under a bridge.

She had been “strangled, beaten, sexually assaulted and repeatedly run over by a vehicle,” according to court records.

Mitchell was convicted of capital murder in 1998.

Earlier on Thursday, the Mississippi Supreme Court, in a 5-4 ruling, denied Mitchell’s request for a stay.

uptade march 22  source : MDOC  press release pdf 

Parchman, Miss. – The Mississippi Department of Corrections (MDOC) will hold three news briefings today related to events surrounding the Thursday, March 22, 2012 scheduled execution of death row Inmate William Mitchell, MDOC #31271.

The following is an update on Inmate Mitchell’s recent visits and telephone calls, activities, last meal to be served, and the official list of execution witnesses.

Approved visitation list:
Anthony Mitchell (brother)
Marie Dunn (sister)
Gwendolyn Catchings (sister)
Gerolyn Mitchell (daughter)
Imam William Sabree (MDOC Chaplain)
Glenn Swartzfager (attorney)
Louwlynn Vanzetta Williams (attorney)

Visits with Inmate William Mitchell
Wednesday, March 21, 2012
Louwlynn Vanzetta Williams (attorney)

Visits today, thus far:
Anthony Mitchell (brother)
Marie Dunn (sister)
Gwendolyn Catchings (sister)

Activities of Mitchell
Inmate Mitchell was transferred from Unit 29 to Unit 17 on Tuesday at 6:00 p.m.
This morning, at Unit 17, for breakfast at 5:07a.m., Inmate Mitchell was offered potatoes with beef gravy, 2 biscuits, dry cereal, milk and coffee. Inmate Mitchell did eat all of the breakfast.

Inmate Mitchell was offered lunch today but chose to not eat.

Inmate Mitchell has access to a telephone to place unlimited collect calls to persons on his approved telephone list. He will have access today, March 22th until 5:00 p.m.

Approved Telephone List
Gerolyn Mitchell (daughter)
Gwendolyn Catchings (sister)
Janine Woodard (friend)
David Voisin (attorney)
Glenn Swartzfager (attorney)

Inmate Mitchell’s Collect Telephone Calls
Wednesday, March 21, 2012
One call: Glenn Swartzfager (attorney)
One call: David Voisin (attorney)
Five calls: Janine Woodard (friend)
One call: Gerolyn Mitchell (daughter)
One call: Gwendolyn Catchings (sister)

Today, March 22, 2012
Thus far today:
Two calls: Janine Woodard (friend)
One call: Gerolyn Mitchell (daughter)
Two calls: Glenn Swartzfager (attorney)
One call: David Voisin (attorney)

According to the MDOC correctional officers that are posted outside his cell, Inmate Mitchell is observed to be talkative.

Mitchell’s Remains
Inmate Mitchell has requested that his body be released to Gerolyn Mitchell (daughter), by Brinson Funeral Home in Cleveland, Miss.

Last Meal
Inmate Mitchell requested the following as his last meal: big plate of fried shrimp and oysters together, big strawberry shake, cup of ranch dressing, 2 fried chicken breasts and a coke.

Execution Witnesses
Spiritual Advisor(s) for the condemned Inmate Mitchell requested no spiritual advisor witness the execution.
Member(s) of the condemned’s family Inmate Mitchell requested no family member witness the execution.
Attorney(s) for the condemned Glenn Swartzfager and Louwlynn Vanzetta Williams
Member(s) of the victims’ family William Burns (son of Patty Milliken)
Rosemary Riley (sister of Patty Milliken)
Sheriffs Sheriff James Haywood, Sunflower County
John Miller, Chief, Biloxi Police Department
Members of the Media Ryan L. Nave, Jackson Free Press
Doug Walker Wineki, WLOX News
Jack Elliott Jr., Associated Press

update March 22, 9.50 am CDT source :http://www.chicagotribune.com

Mitchell’s execution is set for 6 p.m. local time at the Mississippi State Penitentiary at Parchman. If carried out, it will be the third execution this year in Mississippi and the eleventh in the nation.

update March 21, 2012 – 3:09 pm  source : http://www.therepublic.com

JACKSON, Miss. — Inmate William Mitchell was moved to a holding cell next to the execution chamber at the Parchman state prison shortly after Larry Matthew Puckett was put to death Tuesday night, according to Department of Corrections officials.

Barring a reprieve, Mitchell will be executed at 6 p.m. Thursday.

Mitchell was convicted of capital murder in Harrison County in 1998.

On Tuesday, Mitchell asked the U.S. Supreme Court to stop his execution. There had been no ruling issued by the court Wednesday.

Mitchell‘s petition cites issues already dismissed by Mississippi and other federal courts — ineffective counsel during trial, his sentencing hearing and various appeals.

Mitchell argued the Mississippi courts denied his right to due process by failing to address his “well-pled challenge” to his lawyers’ inadequate representation. He said the courts just ignored the issue by saying it had already been adjudicated elsewhere.

On Wednesday, in documents filed with the Supreme Court, Mississippi Attorney General Jim Hood said issues raised by Mitchell have been addressed by other courts and should be rejected.

Hood said Mitchell’s ineffective counsel claim “is simply an attempt to relitigate the merits of these claims.” Hood said Mitchell has no evidence to show how his attorney’s actions, if different, would have changed the outcome of his trial.

“The merits of the claims were addressed, on the merits, by either the state or federal courts in this case,” Hood said in court documents.

Jim Craig of the Louisiana Capital Assistance Center, a nonprofit law office, does not represent Mitchell but has handled other death penalty appeals in Mississippi.

Earlier this week, Craig said Mitchell went through the post-conviction proceedings as if he was just representing himself. Craig said Mitchell has a long history of mental illness and that was never considered in the normal course of his appeals.

According to court records, Mitchell, as a young adult, served in the Army but by the 1990s, he had a long criminal record and had spent much of his adult life behind bars. He was charged twice with beating women in 1973. In 1974, he was charged with killing a family friend and stabbing her daughter.

read the case 

William Mitchell asks US Supreme Court to stop his execution scheduled for Thursday


march, 20 source : http://www.therepublic.com

JACKSON, Miss. — William Mitchell has asked the U.S. Supreme Court to stop his execution now scheduled for Thursday at the state prison in Parchman.

In documents filed Tuesday, the death row inmate said his previous attorneys didn’t do a good job and the Mississippi courts have refused to give him a hearing and an expert to prove his “intellectual disability.”

The Supreme Court had not ruled on his motion Tuesday.

Mitchell, now 61, had been out of prison on parole for less than a year for a 1975 murder when he was charged with raping and killing 38-year-old Patty Milliken.

In documents filed Tuesday with the court, Mitchell says his previous attorneys didn’t do a good job and the Mississippi courts have refused to give him a hearing and an expert to prove his “intellectual disability.”

Milliken disappeared on Nov. 21, 1995, after walking out of the Majik Mart convenience store where she worked in Biloxi to have a cigarette with Mitchell. Her body was found the next day under a bridge. She had been “strangled, beaten, sexually assaulted, and repeatedly run over by a vehicle,” according to court records.

Mitchell was convicted of capital murder in Harrison County in 1998.

Mitchell argues the Mississippi Supreme Court twice refused to consider his ineffective counsel claims stemming from actions by his lawyers during the penalty phase of his trial and during his post-conviction petitions.

He said at no time did his attorneys try to develop evidence of his “intellectual disability” when evidence was available or could be available if he was given a psychological evaluation.

In a post-conviction petition, an inmate argues he has found new evidence — or a possible constitutional issue — that could persuade a court to order a new trial.

Similar arguments from Mitchell were turned down in the federalcourts last year.

 

   Us. Surpeme Court
No. 11A882
Title:
William Gerald Mitchell, aka William Jerald Mitchell, Applicant
v.
Mississippi
Docketed:
Linked with 11-9373
Lower Ct: Supreme Court of Mississippi
  Case Nos.: (2012-DR-00277)
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 20 2012 Application (11A882) for a stay of execution of sentence of death, submitted to Justice Scalia.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
J. Cliff Johnson II. Pigott & Johnson (601)-354-2121
775 N. Congress Street
P.O. Box 22725
Jackson, MS  39225-2725
Party name: William Gerald Mitchell, aka William Jerald Mitchell
Attorneys for Respondent:
Marvin L. White Jr. Assistant Attorney General (601) 359-3680
450 High Street
P.O. Box 220
Jackson, MS  39205
Party name: Mississippi

Larry Matthew Pucket execution scheduled today march 20, 2012 – updates of the last 24 hours


March 20, 2012 Execution of Larry Matthew Puckett
7:00 p.m. News Briefing
Parchman, Miss. – The Mississippi Department of Corrections (MDOC) today
conducted the mandated execution of state inmate Larry Matthew Puckett. Inmate Puckett was pronounced dead at 6:18 p.m. at Mississippi State Penitentiary at Parchman.
MDOC Commissioner Christopher Epps said during a press conference following the execution that the evening marked the close of the Larry Matthew Puckett case. Puckett was sentenced to death in August 1996 for the Petal, Mississippi capital murder of Ms. Rhonda Hatten Griffis.
“The State of Mississippi – Department of Corrections has carried out a court order issued by the state Supreme Court. The role of the MDOC is to see that the order of the court is fulfilled with dignity,” said MDOC Commissioner Chris Epps. “Through the course of nearly 17 years, death row inmate Larry Matthew Puckett was afforded his day in court and in the finality, his conviction was upheld all the way to the U.S. Supreme Court. The cause of justice has been championed.”
“I ask that you join me in prayer for the family of Rhonda Hatten Griffis. It is our fervent hope that you may now begin 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/Parchman Penitentiary Superintendent Emmitt Sparkman and the entire Mississippi State Penitentiary security staff for their professionalism during the process.

 
 † Larry Matthew Puckett, 35, was put to death by injection and pronounced dead at 6:18 p.m
No,” was the final word from Puckett’s mouth after being asked if he had any final statements.

Epps said Puckett has also requested the opportunity to shower before his execution, but does not want a sedative before the injection.

“I asked him if he wanted one … he said he did not,” Epps said.

read more click here

from Mary Stennett Puckett
We have heard from the Governor and he has declined Matt’s clemency application. We have talked to Matt and he is calm and at peace. He asked that we not worry about him. We prayed that God would free Matt but God has a different definition for free. Matt will finally be free. I told him that he was put on this earth for a purpose and that was to teach us lessons. He asked that we not squander what we had learned and that if we can’t love our neighbor, then we cannot get right with God. We want to thank each and every one of you who joined us in this fight. We appreciate the petition signatures, the prayers and all the encouragement we as a family have received.

4:29 PM

Mississippi governor refuses to stop this evening’s execution

Mississippi Gov. Phil Bryant has refused to stop the execution scheduled for 6 p.m. tonight of a Mississippi man for the sexual assault and slaying of the wife of his former boss.

3;46 pm source : http://www.hattiesburgamerican.com

Puckett has asked for his remains to be released to his mother by way of Glenwood Funeral Home in Vicksburg.

3.29 pm  source : http://www.therepublic.com

 Puckett spent Tuesday visiting with relatives. He requested a last meal of Macadamia nut pancakes, shrimp and grits, ice cream cake, caramel candy and root beer.

Puckett has a petition before the U.S. Supreme Court to block the execution. Thousands have signed an online petition in support of Puckett, insisting he is innocent.

Puckett’s supporters hope to persuade Gov. Phil Bryant to stop the execution.

Puckett has requested that his body be released to his mother, Mary Puckett.

———————————————————————————————–

2.58 pm  source : http://www.hattiesburgamerican.com

Larry Matthew Puckett, set to be executed this evening, is currently visiting with his family.

Mississippi Department of Corrections Commissioner Chris Epps said in a news conference at Mississippi State Penitentiary that six family members were meeting with Puckett as of 2 p.m.

Puckett, 35, was convicted in 1996 of the October 14, 1995 murder and sexual battery of Rhonda Hatten Griffis in Petal.

Epps said Puckett still maintains his innocence.

“He said there was more to the story,” Epps said.

Currently visiting with Puckett are his mother, Mary Puckett, his father, Larry Ross, two brothers, Edgar Puckett III and Paul Michael Puckett, stepmother Janie Ross and uncle Keith Stennett.

Epps said Puckett is reportedly “somber,” according to MDOC officers stationed outside his cell.

For his last meal, Puckett has requested macadamia nut pancakes with butter and maple syrup, shrimp and grits, an ice cream cake from Dairy Queen, a bag of Werther’s Originals caramel candy and an A&W root beer.

He has requested none of his family nor his attorney witness his execution, scheduled for 6 p.m. by lethal injection.

The victim’s mother and father, Cecil and Nancy Hatten of Hattiesburg, are scheduled to witness the execution.

Lamar County Sheriff Danny Rigel, Forrest County Sheriff Billy McGee and Sunflower County Sheriff James Haywood will witness the execution, along with the Hattiesburg American and three other media outlets.

Epps said more updates would be delivered to media soon.
Read more in tomorrow’s Hattiesburg American or later today at hattiesburgamerican.com.

30 min ago  12:30 pm source : Inmates rights miles apart

From Mary Stennett Puckett
I would like to ask that anyone that calls, emails or otherwise contacts Governor Bryant about Matt’s clemency to please be courteous and respectful. The Governor has a heart wrenching decision to make that will change the lives of many people and being unkind is not something that Matt or I would want his supporters to be. Thank you for all of your support and prayers. We are on the road now going to see Matt and we are praying for strength and mercy. Blessings to all of you…

Toll Free: 1-877-290-9487
601.359.3150
601.359.3741
info@governorbryant.com

update march, 20, 3.20 am  source http://www.wlox.com

watch the new video  click here 

Gov Bryant of Mississippi. Ask him to commute Matthew Puckett’s sentence to Life With Out Parole. He is scheduled to be put to death at 6pm. His phone number is 601-359-3150 His fax is 601-359-3741

march, 19 , 10.05 pm source : http://www.clarionledger.com

Mary Puckett, mother of convicted killer Matt Puckett, talks to the media at a protest against the death penalty. Puckett and others feel the judicial system failed on several levels and wrongly put her son on death row. Puckett is scheduled for execution today.

An anti-death penalty group says the testimony of a controversial forensic dentist helped put Larry Matthew Puckett where he is today: facing death by lethal injection in a matter of hours.

But the state attorney general’s office and others say Puckett will pay with his life for the life he took more than 15 years ago. Puckett, 35, is scheduled to be put to death today a little after 6 p.m. for the 1995 sexual assault and murder of Rhonda Hatten Griffis, 28, a mother of two from Forrest County.

In a rally Monday at the state Capitol , Mississippians Educating for Smart Justice, which opposes the death penalty, asked Gov. Phil Bryant to commute Puckett’s death sentence to life in prison without parole.

The group said it is also making a similar request for William Mitchell, who is scheduled to be put to death Thursday for the 1995 rape and murder of store clerk Patty Milliken, 35, who was killed in Harrison County.

The anti-death penalty group said it has collected more than 5,000 signatures on a petition asking Bryant to commute the sentences.

“The governor and his staff are currently reviewing the facts in these cases and have no further comment at this time,” Bryant’s spokesman, Mick Bullock, said Monday after the anti-death penalty rally.

About 50 people gathered in the first floor rotunda of the state Capitol for the rally.

“We are here to oppose as a whole the death penalty,” said Benjamin Russell of MESJ.

But Jackson resident Ann Pace, whose 22-year-old daughter, Charlotte Murray Pace, was killed by serial killer Derrick Todd Lee in 2002 in Louisiana, said the death penalty isn’t something that is morally wrong.

Pace said if she would have known the rally was taking place she would have been there with her signs in favor of the death penalty when it is judicially used.

“It’s not a good thing, it’s a tough thing you do to protect innocent people,” Pace said of carrying out executions.

Jim Craig, an attorney for death row inmates, said at the rally that Puckett and Mitchell didn’t get fair trials. Craig also criticized one of the state’s expert witness at Puckett’s trial, forensic dentist Michael West. Puckett’s attorneys have filed an appeal to the U.S. Supreme Court in hopes of blocking the execution.

read more click here

march 19, source :http://www.wlbt.com

Advocacy group calls for clemency in Puckett execution

watch the video click  here

Update : march 19 ,2012 source : http://www.wtok.com

Group Protests Executions
Jackson, Miss.
A group that opposes the death penalty protested two executions scheduled in Mississippi this week.

Thousands of people have signed an online petition seeking to block the execution of death row inmate, Larry Matthew Puckett.

He is scheduled to die by lethal injection Tuesday at 6 p.m.

Puckett was convicted of sexually assaulting and killing his former boss’ wife when he was 18 years old.

His lawyers petitioned the U.S. Supreme Court last week to block the execution.

A group opposed to capital punishment spoke out Monday at the state capitol.

Mississippians Educating for Smart Justice want Gov. Phil Bryant to grant clemency to Puckett, as well as condemned killer, William Mitchell, who is also scheduled for execution this week.

“Neither of these men, William Mitchell or Matt Puckett, have had a fair trial,” said attorney Jim Craig. “Neither of them have had a real appeal. It’s time to quit hiding behind this fraud and accept the fact that our system is deeply flawed. And these two cases prove it.”

As of Monday, there were nearly 4500 electronic signatures on a petition called ‘Save Matt Puckett: stop an innocent man from being executed.’

click here for read more about case and updates

TUESDAY, MARCH 20, 2012
CERTIORARI DENIED
11-9290 PUCKETT, LARRY M. V. MISSISSIPPI
(11A875)
The application for stay of execution of sentence of death
presented to Justice Scalia and by him referred to the Court is
denied. The petition for a writ of certiorari is denied.

Usa Supreme Court, march 14

No. 11A875  
Title:
Larry Matthew Puckett, Applicant
v.
Mississippi
Docketed:  
Linked with 11-9290
Lower Ct: Supreme Court of Mississippi
  Case Nos.: (2012-DR-00278)
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 14 2012 Application (11A875) for a stay of execution of sentence of death, submitted to Justice Scalia.
Mar 16 2012 Response to application from respondent filed.
 

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:    
Keir Michael Weyble Cornell Law School (607) 255-3805
  103 Myron Taylor Hall  
  Ithaca, NY  14853  
Party name: Larry Matthew Puckett
Attorneys for Respondent:    
Marvin L. White Jr. Assistant Attorney General (601) 359-3680
  450 High Street  
  P.O. Box 220  
  Jackson, MS  39205  
Party name: Mississippi

ALABAMA – Execution – Thomas Arthur – march, 29, 2012 STAYED !


official website

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 
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. 
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!!!
  1. 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. 
  2. 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 
  3. 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
  4. 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.
  5. 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 .
  6. 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. 
  7. 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.
  8. Holman Prison lacks a law library for death row prisoners or information about how to qualify for a state or federal post-conviction lawyer. 
  9. 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
  10. Several jury members have made statements that if they had seen all of the evidence, they would not have found him guilty.
  11. 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.
  12. 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

OK – Timothy Shaun Stemple’s death at 6:11pm


When the execution procedure began at 6:04 p.m., and the blinds covering the window between the execution chamber and the viewing area were raised, OSP Warden Randy Workman asked Stemple if he had a last statement. Stemple, with his eyes closed, simply nodded his head from left to right, indicating he would have no last words. At 6:05 p.m. Workman said, “Let the execution begin.”

 † Stemple’s time of death was announced by an attending physician at 6:11 p.m. His execution was witnessed by seven members of the media; members from the Oklahoma Attorney General’s Office; Tulsa Police Chief Chuck Jordan; Sheriff Glands from Tulsa; OSP and Oklahoma Department of Corrections staff; Stemple’s mother and father, his two sisters and his daughter; and 12 members of the victim’s family. Other victim’s family members were present, however, they watched the execution via live video feed outside of the execution chamber.

Trisha Stemple’s sister, Deborah Ruddick-Bird, made a statement to the media following the execution. “Today is not about Shaun,” she said. “Today is about justice, finality and closure for my beautiful sister Trisha. … Today we say it is finished.”

A written statement was provided by Michael Steen on behalf of Trisha Stemple’s father, Morris Ruddick, who was unable to attend the execution as he is out of the country on a missionary assignment. “The media often speaks of closure during tragic events such as those witnessed today,” the statement reads. “I think it more appropriate to say we think of this as a foreclosure. The State has collected his body and his mind as compensation for his transgressions. Before the judgment seat of Christ, the Lord will determine the eternal outcome for his soul.”

source : http://mcalesternews.com

———————————————————————————————————————————–

update : 5.32 pm usa time.

5:32 PM

McALESTER – The execution Thursday night of Tulsa County killer Timothy Shaun Stemple appears to be on schedule after Gov. Mary Fallin’s office confirmed earlier today that she will not issue a stay.

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=12&articleid=20120315_12_0_McALES804866

update 10 min ago : source http://www.krmg.com

Time running out for convicted killer

Tulsa, Okla.

The Tulsa cop who helped convict him says he’s evil.

His family is still convinced he is innocent.

Either way, the clock is ticking down for Timothy Shaun Stemple, convicted of killing his wife with a baseball bat in 1996.

His brother-in-law, John Smucker, will be leading a rally outside the Governor’s Mansion in Oklahoma City right up until the last minute, hoping to convince Mary Fallin to issue a stay of execution.

“I voted for her, and I believe she is an agent of change and will honestly look at this,” Smucker said.  “There’s still hope.”

Fallin however has already been quoted as saying that she will not intervene.

Smucker says his family has evidence that has not been considered by the courts, that shows Stemple is innocent.

He also says the Oklahoma City University chapter of the Innocence Project, a non-profit group dedicated to proving the innocence of people who are wrongly-convicted, is asking the Governor to stay the execution.

Prosecutors say Stemple and a teenaged accomplice beat Trisha Stemple with baseball bats along Highway 75 between 81st and 91st streets and also ran over her with a truck to make it look like a hit-and-run accident.

Smucker believes it was in fact a hit-and-run accident, and that the driver who hit Trisha Stemple is still out there somewhere.

He said if people want to contact the Governor’s office about the execution, they can call (405) 521-2342

The Office of Governor Mary Fallin

Oklahoma State Capitol
2300 N. Lincoln Blvd., Room 212
Oklahoma City, OK 73105

Local: (405) 521-2342
Fax: (405) 521-3353

…………………………………………………………………………………………………………………………………………………………………………..

Oklahoma is preparing to execute Timothy Stemple for the killing of his wife.

The 46-year-old Stemple is to die at 6 p.m. Thursday He was convicted of plotting with a relative of his mistress to kill 30-year-old Trisha Stemple and collect insurance money. She died Oct. 24, 1996, along U.S. Highway 75 in Tulsa. Prosecutors said she was beaten in the head with a bat and run over with a pickup truck.

Stemple’s family requested Gov. Mary Fallin stay the execution so medical testimony disputing his accomplice’s account of the crime could be heard in court. The Pardon and Parole board last month denied Stemple’s plea for clemency.

Stemple requested a last meal of a large stuffed crust pizza topped with half-pepperoni, half-Canadian bacon and extra cheese, and orange soda.

source : from usa today

From his website : 

Timothy Shaun Stemple Final Letter

This letter is written by Timothy Shaun Stemple as his final letter.  We believe that this letter should be made available for anyone to read.

March 5, 2012

To whom it may concern,

When my wife and best friend Trisha Stemple was killed, it devastated me. I found some strength in our combined families, but I was still lost. When I was accused of her killing and learned that the police ignored (as I wrongly believed) the eyewitness’ testimony and the lies told by my accusers, I broke.

As I write this, I am certain that I will soon join Trisha & my son – our son – Shane. My two great hopes are that Trisha’s family learn that Trisha was killed almost instantly and that my family never did or would abandon Trisha – even in memory.

For either hope to be realized, it must become publicly acknowledged, that while no police officer or prosecutor set out to do wrong – a simple mistake, compounded by a flawed process has resulted in final injustice. The inevitable errors which occur when human beings must sift through lies & conflicting evidence are always denied by the State. While this is not important now for me at this moment, I and my family, as well as Trisha’s family, though they have yet to learn it – are the “collateral damage” in the war on crime.

To those who experience the State’s adamant refusal to acknowledge the in defendable – evil is done. The wrong done: Trisha’s death and mine – contains no confusing issues, no difficult forensic concepts – all anyone need do is look – the State now publicly admits that the actual murderer – who escaped the death penalty in exchange for these lies – could not truthfully include me in the crime – even to save his life. If the Attorney General knows this, why am I to die? Why then does the state continue to emotionally rape Trisha’s family by allowing them to continue believing Trisha was essentially tortured to death when they know she must have died instantly? The adversarial process demands its collateral damage, and perhaps those involved do all they can to limit such damage. But to those who experience it and will die in the name of “Public Confidence” – those who know best – and stand silently by in noble pose – Do True Evil. The powerless who do nothing are forgiven; the powerful who do nothing are condemned.

My death is a small thing, I go to God and my wife and son, and we will watch. I do hope that both our families find some peace, and that the great wrong done to us all can somehow be used to fix a thing so broken as to allow this.

Timothy Shaun Stemple

Mississippi – Upcoming execution William Gerald Mitchell, march 22. 2012


On the evening of November 21, 1995, near the end of her shift, Patty Milliken told her co-worker at a Biloxi convenience store that she was going to go outside with Mitchell to smoke a cigarette and talk.   She left her purse and car keys in the convenience store.   When she did not return, her co-worker reported to the police that she was missing.   Milliken had written Mitchell’s telephone number on a piece of paper that the police found in her purse.   The police cross-referenced the telephone number to an address.   When they arrived at that address, Mitchell, who was in the yard, ran from them.   The police later spotted Mitchell at a gas station, and pursued him when he fled from the gas station in his car.   He was arrested for traffic violations.

Milliken’s body was found the following morning under a bridge.   She had been beaten, strangled, sexually assaulted, and crushed after having been run over by a car.   After the police searched Mitchell’s car, he was charged with Milliken’s murder.   At the time of Milliken’s murder, Mitchell was under a sentence of life imprisonment for a previous murder, and had been on parole for approximately eleven months. The jury found Mitchell guilty of capital murder. 

The jury did not find Mitchell’s mitigating evidence to be persuasive, and he was sentenced to death.   The Mississippi Supreme Court affirmed his conviction and sentence on March 29, 2001, and denied rehearing on August 23, 2001.   Mitchell v. State, 792 So.2d 192 (Miss.2001).   The Supreme Court denied certiorari.  Mitchell v. Mississippi, 535 U.S. 933 (2002).

  • On March 31, 2010, Mitchell filed an appeal in the Fifth Circuit over the denial of his habeas petition in Federal District Court.

            http://dockets.justia.com/docket/circuit-courts/ca5/10-70006/

  • 05/16/2011 Mitchell filed an appeal in the Fifth Circuit, DENY Mitchell’s request for a COA

United States court of appeals for the fifth circuit

  • Mississippi Supreme  Curt decision march, 2012
    William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi
    Motion for rehearing filed by counsel for William Gerald Mitchell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.
    2012-DR-00277-SCT 03/15/12

OKLAHOMA – Timothy Shaun Stemple – execution march 15 2012 – EXECUTED


case and appeal

official support website

Update : 14 march source : http://www.tulsaworld.com

OKLAHOMA CITY – Gov. Mary Fallin’s office said Tuesday that she does not intend to issue a stay of execution for Tulsa County killer Timothy Shaun Stemple.

Stemple, 46, is set to be executed Thursday for the 1996 killing of his wife, Trisha Stemple, 30.

His family met Tuesday with the Governor’s Office to seek a stay to pursue evidence of his innocence.

They held a news conference with the Oklahoma Coalition to Abolish the Death Penalty to urge a stay.

The Pardon and Parole Board last month voted 4-1 to deny clemency to Stemple.

“We don’t have the power to grant clemency without a recommendation from the (Pardon and Parole) board,” said Alex Weintz, a spokesman for Fallin.

“The governor does have the power to issue a stay, but she does not plan to do that.”

Jenae Matland Smucker, Stemple’s sister, said her brother is innocent. She said her sister-in-law died as a result of a pedestrian-motor-vehicle collision.

“Sean himself has maintained his innocence from time of arrest until today,” Smucker said.

Stemple was sentenced to death in 1997 for beating Trisha Stemple and running over her with a pickup so he could collect $950,000 in life insurance.

Attorney General Scott Pruitt’s office pointed out that a jury found Stemple guilty 14 years ago and that his appeals have been denied by the courts and the Pardon and Parole Board.

“The evidence in this case is strong and showed beyond a reasonable doubt that Stemple committed this murder,” Pruitt spokeswoman Diane Clay said. “It would be a travesty of justice to further delay his punishment.”

Update : 13 march  source : http://www.kfor.com (full article and video)

OKLAHOMA CITY — Timothy Shaun Stemple’s family met at the Capitol on Tuesday hoping to get a last minute stay of execution. In less than 48 hours the State of Oklahoma will execute the 46-year-old man for the brutal murder of his wife back in 1996.

Court documents reveal the victim, Trisha Stemple, had fractured bones all over her body, including her skull, and appeared to have been intentionally run over. 

Led by the Oklahoma Coalition to Abolish the Death Penalty, the Stemple family gathered at the State Capitol pleading for a stay of execution.

The family says there are theories from forensic pathologists who say the death of the victim was by car accident, not from murder. 

The family says that evidence, as well as other items, never made it into court.

“When my sister in law died, my brother didn’t even get to grieve her death. Within a few days, all fingers were pointing to him because he had life insurance and he had an affair,” Janae Smucker said.

She says her brother is no killer.

“There is too much doubt,” Sen. Consatnce Johnson said.

Even those who’ve lost loved ones to murderers stood by the family’s side.

The Pardon and Parole Board voted 4-1 to deny Stemple’s clemency.

All Stemple’s legal appeals have also been denied. 

“We don’t have the power to grant clemency without a recommendation from the (Pardon and Parole) board,” Alex Weintz said, Gov. Fallin’s spokesman. “The governor does have the power to issue a stay but she does not plan to do that.”

Stemple is scheduled for execution by lethal injection Thursday at 6 p.m. 

The Oklahoma Coalition to Abolish the Death Penalty says the state has released 10 people from death row who were wrongfully convicted.

                 ————————————————————————————————————————-

Update : 13 march. source http://www.ardmoreite.com

Oklahoma City

The Oklahoma Coalition to Abolish the Death Penalty is asking Governor Mary Fallin for a Stay of Execution for Timothy Shaun Stemple so the family can pursue his legal rights in the courts.

OK-CADP representatives and Shaun’s sister, Jenae Mudock Stucker, met with Governor Fallin’s Deputy Counsel Rebecca Frasier today.  Stemple is set to be executed at 6 p.m. Thursday.

Timothy Shaun Stemple was convicted in February 1998 of the 1996 murder of his wife Trisha Stemple.  He was sent to death row and has remained there since then. Shaun and his family have maintained his innocence since he was charged.

“Since our state has released 10 people from death row who were wrongly convicted, we know the possibility of executing an innocent is real. We hope Governor Fallin will not want us to take that risk in the face of so much doubt,” said OK-CADP Co-Chair Lydia Polley.

The family has been pursuing his exoneration since the conviction and has hired forensic experts to provide testimony to counter the state’s evidence that convicted him.

All of Mr. Stemple’s appeals have been denied, and the state Pardon and Parole Board denied clemency at a February hearing.

The family of a death-row inmate who is to be executed next week is asking Gov. Mary Fallin to spare his life.

Timothy Shaun Stemple’s family has hired forensic experts to provide testimony to counter the state’s evidence that convicted him of murdering his wife in 1996.

Shaun Stemple was sentenced to death in 1997 for beating his wife, Trisha Stemple, and running over her with a pickup so he could collect $950,000 in life insurance.

All of Stemple’s appeals have been denied, and the state Pardon and Parole Board did not recommend clemency at a February hearing.

Barring intervention by Gov. Mary Fallin, Stemple, 46, will be executed March 15 at the Oklahoma State Penitentiary in McAlester.

On Thursday, Stemple’s family spoke at the law offices of Brewster & De Angelis about why they believe that he is innocent.

Janae Matland Smucker said her family believes that the evidence shows that Trisha Stemple died from an auto-pedestrian collision, not from “blunt force trauma to the head,” as a state medical examiner testified during Shaun Stemple’s trial.

Andre Stuart of 21st Century Forensic Animations was hired by Stemple’s family to reconstruct the accident scene using animation technology.

He said his models show that there is “no basis” for evidence that Trisha Stemple died because of multiple hits from a baseball bat instead of being run over by a pickup.

The animation and other testimony and documents can be viewed online at tulsaworld.com/freeshaun, a website the family has set up to garner support for Shaun Stemple.

According to court testimony, Shaun Stemple hired a teenage accomplice, Terry Hunt, to wait in the woods by the highway.

Stemple then reportedly feigned car trouble so he could stop at a preselected spot nearby. He and Hunt took turns beating Trisha Stemple with a cellophane-wrapped baseball bat and ran over her body with a pickup, prosecutors said.

Trisha Stemple’s skull, neck bone and pelvis were crushed, and 17 ribs were broken. Her body was found alongside the highway after Shaun Stemple reported her missing.

Her death originally was investigated as a hit-and-run auto-pedestrian collision, but investigators reportedly suspected foul play as they examined the evidence.

Hunt, the cousin of Shaun Stemple’s then-girlfriend, testified for the prosecution and is serving a life sentence for first-degree murder.

“All of the state’s witnesses against my brother had perjured themselves” during the trial, Smucker said.

But court records show that the judge who presided over the case noted that despite discrepancies in Hunt’s earlier testimony, he “consistently reported and testified that Stemple approached him about helping kill Trisha Stemple in exchange for $25,000 to $50,000,” among other details.

At his clemency hearing last month, Shaun Stemple spoke briefly and refused to answer questions from board members.

source : Tulsa world

CLEMENCY SCHEDULE

Meeting Notice Confirmation (Click Here)

Name: Date: Time: Location: City, State: DOC #
Timothy Shaun Stemple 02/24/2012 09:00am Hillside Community Corrections Center3300 Martin Luther King Ave. Oklahoma City, OK 261686

You may view and print the web postings of your body’s meeting notices by visiting our website at: your meetings page.

For more information contact:

Tracy George, General Counsel–(405) 602-5863

Supreme court of United states

No. 11-7143      *** CAPITAL CASE ***
Title:
Timothy Shaun Stemple, Petitioner
v.
Randall G. Workman, Warden
Docketed: November 1, 2011
Linked with 11A222
Lower Ct: United States Court of Appeals for the Tenth Circuit
  Case Nos.: (09-5097)
  Decision Date: April 4, 2011
  Rehearing Denied: May 31, 2011
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Aug 19 2011 Application (11A222) to extend the time to file a petition for a writ of certiorari from August 29, 2011 to October 28, 2011, submitted to Justice Sotomayor.
Aug 23 2011 Application (11A222) granted by Justice Sotomayor extending the time to file until October 28, 2011.
Oct 28 2011 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2011)
Nov 30 2011 Brief of respondent Randall G. Workman, Warden in opposition filed.
Dec 15 2011 DISTRIBUTED for Conference of January 6, 2012.
Jan 9 2012 Petition DENIED.