[Deathpenalty] death penalty news----TEXAS, PENN., VA., GA., FLA., ALA.

[Rick Halperin]

February 6



TEXAS:

DNA testing results released on death row case of Larry Swearingen



More than a year after prosecutors agreed to DNA testing on decades-old 
evidence in a Montgomery County death row case, the results are in - and they 
didn't reveal anything new.

Most of the aging evidence sent to the lab didn't show any male DNA at all, 
prosecutors said, while the genetic material pulled from cigarette butts found 
near Melissa Trotter's body only traced back to the hunters who found her.

"Everything (the defense) requested to be tested has been tested at this 
point," said Montgomery County Assistant District Attorney Kelly Blackburn.

Now, with no pending appeals and no new DNA to help validate his claims of 
innocence, convicted killer Larry Swearingen could be one step closer to yet 
another execution date.

"Unfortunately, the testing we did really didn't move the ball," said Bryce 
Benjet, a defense attorney with the Innocence Project. "At the end of the day, 
it was useful to the extent that it can show that we tested every item and none 
of that testing has pointed to Larry Swearingen."

The 47-year-old was sentenced to die two decades ago for the murder of a 
Montgomery College student. In the years since, the Willis man has fended off 
the state's repeated attempts to execute him, lobbing a slew of appeals, 
including multiple pleas for testing on pantyhose and cigarettes found in the 
woods near the slain woman's body.

Prosecutors and defense lawyers finally came to a testing agreement in late 
2017, after years of back-and-forth over various proposals.

In addition to the cigarette butts and some of the slain teen's clothes, the 
lab analyzed hair stuck in a knot tied in the torn pair of pantyhose used in 
the murder. Though the strands looked like they may have belonged to someone 
other than Trotter, the 2-decade-old sample didn't net any DNA for testing, 
Benjet said.

Attorneys also asked for testing on a different piece of pantyhose found near 
Swearingen's trailer after the crime. Whether that's the other half of the pair 
used in the killing has been a point of dispute, but testing on it showed some 
DNA pointing to Swearingen – and nothing pointing to Trotter.

The last time anyone saw Trotter alive was on Dec. 8, 1998, when she and 
Swearingen were spotted together in the community college library. Afterward, a 
biology teacher caught sight of Trotter leaving the school with a man.

Hair and fiber evidence later showed that she'd been in Swearingen's car at 
some point before she vanished.

Swearingen's wife testified that she came home that evening to find the place 
in disarray - and in the middle of it all were a lighter and cigarettes 
believed to belong to Trotter. Swearingen later filed a burglary report, saying 
his home had been broken into while he was out of town.

That afternoon, he placed a call routed through a cell tower near FM 1097 in 
Willis - a spot prosecutors say he would have passed while heading from his 
house to the Sam Houston National Forest where Trotter's decomposing body was 
found 25 days later.

Crime scene investigators recovered biological material from the scene - but 
there was never any conclusive link to Swearingen. Instead, he was convicted 
and sentenced to death based on what courts later described as a "mountain" of 
circumstantial evidence.

Since he was sent to death row in 2000, he's had at least 5 execution dates set 
and canceled.

In 2017, he made national headlines as the result of a plot with another 
condemned prisoner, serial killer Anthony Shore. Shore, who has since been 
executed, was allegedly planning to wrongly confess to Trotter's slaying in the 
final minutes before his death.

But authorities got wind of the supposed scheme, and called off Shore's 
execution date to investigate further. Then, the courts called off Swearingen's 
death date a month later - not because of the plot or any concerns about his 
possible innocence, but because of a clerical error.

Afterward, lawyers on both sides of the case agreed to testing, a process 
that's dragged out for more than a year.

Currently, Swearingen doesn't have any appeals pending, but Benjet – who is 
handling the case along with Houston-based attorney James Rytting – hinted at 
the possibility of more court filings ahead, including claims questioning the 
cell phone forensics used to pinpoint Swearingen's location.

(source: Houston Chronicle)

********************

CAPITAL MURDER: Panola Co. officials look at May 2020 trial for father accused 
in 2-year-old's death



A capital murder trial for a father accused in the death of his 2-year-old son 
is not expected to take place until at least May 2020, prosecutors and defense 
officials said Monday.

According to our newspaper partners, the Panola Watchman, that's because both 
the Panola County District Attorney's Office and Braylyn Sheppard's defense 
attorneys will need to line up expert witnesses and testimony in the case.

Sheppard is charged with capital murder of a person under 10 years old in 
connection with the death of his son Kaisyn. He appeared in court Monday for a 
status hearing on the case.

Kaisyn's mother, Brianna Jones, has been charged with abandoning or endangering 
a child criminal negligence in connection with the case. A capital murder 
charge for Jones was dismissed last week.

In Jones' case, the capital murder charge was dismissed "without prejudice" 
based on new information collected by law enforcement, Panola County District 
Attorney Danny Buck Davidson said. Because the charge was dismissed without 
prejudice, that means prosecutors have the option to re-file the charge in the 
future if they choose.

Kaisyn's parents initially told police their son had fallen from a porch, but 
preliminary results from an autopsy and hospital records “indicate that the 
number and severity of the injuries, both internal and external, were not 
consistent with a fall from a porch,” police said at the time.

Sheppard's case is one of several upcoming capital murder trials in Panola 
County, and District Judge LeAnn Rafferty told him Monday that his case will 
take priority over many of the other cases on her docket. May 2020, she noted, 
would be fast for a death penalty trial.

"Even if we set your case in May or June 2020, that would be approximately 2 
years, which is I believe, pretty fast-tracked for a death penalty case if the 
state intends to seek the death penalty," Rafferty said.

Rafferty set a May 1 deadline for the state to decide whether or not it'll seek 
the death penalty for Sheppard.

(source: easttexasmatters.com)








PENNSYLVANIA:

Notice of Execution signed for central Pa. man who killed friend’s ex-wife



Department of Corrections Secretary John Wetzel on Monday signed a notice of 
execution for Timothy M. Jacoby, setting the execution for next month.

Jacoby was sentenced to death on Oct. 9, 2014, by a York County jury for the 
2010 killing of Monica Schmeyer.

In 2017, Jacoby’s death sentence was upheld by the Pennsylvania Supreme Court, 
which automatically reviews all death penalty cases.

Pennsylvania Gov. Tom Wolf issued a moratorium on executions back in 2015, but 
that hasn’t stopped death penalty prosecutions from moving forward. However, 
the last execution in Pennsylvania was Gary Heidnick in 1999. Heidnick was 
convicted of murdering two women he imprisoned and sexually assaulted in his 
home in 1988.

The Department of Corrections states in its release: “The law provides that 
when the governor does not sign a warrant of execution within the specified 
time period, the secretary of Corrections has 30 days to issue a notice of 
execution.”

Jacoby’s execution is scheduled for March 8.

Jacoby was charged after police determined he killed Schmeyer while 
burglarizing her home. Jacoby was friends with Schmeyer’s ex-husband, who was 
in a group that called themselves the Orange Shorts Society because they met at 
Hooters restaurants.

During those meetings, Schmeyer’s ex-husband discussed the $1700 in alimony he 
paid her each month and that she had a habit of keeping her cash in white 
envelopes around the house.

Police determined it was during an effort to steal those envelopes that Jacoby 
struggled with Schmeyer before shooting her in the head.

Jacoby is being housed at the State Correctional Institution-Greene in 
Waynesburg.

(source: pennlive.com)

*****************

Death warrant signed for York County murderer



The state Department of Corrections secretary has signed a notice of execution 
for Timothy Matthew Jacoby, convicted of murdering 55-year-old Monica Schmeyer 
during a home-invasion robbery.

Jacoby, 45, formerly of West Manchester Township, is at SCI Greene, a state 
prison in Greene County, according to Susan McNaughton, communications director 
for the Pennsylvania Department of Corrections.

DOC Secretary John Wetzel signed Jacoby's death warrant Monday, Feb. 4, 
according to McNaughton.

The execution date has been set for Friday, March 8, she said.

Gov. Tom Wolf has issued what he calls a moratorium on death sentences in 
Pennsylvania, and has issued temporary reprieves to inmates scheduled for 
execution.

Wolf has said he will not sign death warrants, which is why Wetzel now signs 
them.

"The law provides that when the governor does not sign a warrant of execution 
within the specified time period, the secretary of Corrections has 30 days to 
issue a notice of execution," McNaughton wrote in a news release.

3 people have been executed in Pennsylvania since 1976, when the U.S. Supreme 
Court reinstated the death penalty. All 3 had given up their appeal rights.

Prior to Wolf taking office, death-row inmates' executions in Pennsylvania were 
stayed by appellate courts, primarily by the federal Third Circuit Court of 
Appeals.

The murder: It took a York County jury an hour to sentence Jacoby to death for 
the March 31, 2010, 1st-degree murder of Schmeyer inside her Trone Road home in 
Manheim Township.

He shot her in the head while robbing her, police said.

Jacoby's trial and penalty-phase hearing were held in September and October 
2014.

Trial testimony revealed Jacoby and the victim didn't know each other, but that 
Jacoby heard her ex-husband talk about paying Schmeyer $1,700 a month in 
alimony, in cash.

Dr. Jon Schmeyer had told his group of friends, who met regularly at a former 
Hooters restaurant in York, that his ex-wife kept the cash hidden in her home 
because she didn't trust banks, according to trial testimony.

(source: York Dispatch)








VIRGINIA:

Va. bill aimed at stiffening penalties for killing law enforcement moves 
forward



A bill to stiffen penalties for those who kill law enforcement officers like 
Trooper Dowell is moving forward in the General Assembly.

If the bill becomes law, anyone convicted of the capital murder of a law 
enforcement officer would face the death penalty or spend the rest of their 
lives behind bars.

Widow Jaime Walter is pleading with Virginia lawmakers to pass Senate Bill 
1501.

"He pulled out a 25 and it was one shot to his head that killed him,” she told 
lawmakers during a hearing on the bill.

Her husband Special Agent Michael Walter with Virginia State Police was gunned 
down during a traffic stop in Richmond's Mosby Court back in May of 2017.

"We need to work together to protect those who protect us every day,” she 
testified.

Walter was killed in front of his police partner.

"There was evidence in the case. There wasn't a lack of evidence, there was 
body cam,” she told lawmakers.

Yet, Travis Ball the man who was found guilty of murdering Special Agent Walter 
was sentenced to 36 years in prison. It’s a sentence his widow feels was far 
too light for the crime.

"My faith in the justice system has been lost,” said Walter.

Senator Bill Carrico, a Republican representing Virginia’s 40th District is 
sponsoring the legislation.

It that would make it impossible to amend or reduce the sentence for someone 
charged with the capital murder of a law enforcement officer or fire marshal.

"I am just saying if they are charged with this section of the code they are 
going to get life in prison or death,” says Carrico.

Some argue the legislation would tie the hands of a Commonwealth's attorney.

Yet, even Richmond's Commonwealth's Attorney Michael Herring admitted to 8News 
at the time of sentencing he was shocked by the sentence for Walter's killer.

"I thought the number would at least have a 5 in it somewhere between 50 and 60 
years,” said Richmond’s Commonwealth’s Attorney.

Widows of other fallen law enforcement officers are also pressing lawmakers to 
pass the legislation.

Betty Walker, whose husband Master Trooper Junius Walker was shot and killed on 
Interstate 85 in Dinwiddie in March of 2013 told lawmakers, “fallen heroes gave 
the ultimate sacrifice in service to the Commonwealth, they deserve justice."

The bill passed in the Senate and has now been referred to the House Committee 
for the Courts of Justice.

(source: WRIC news)








GEORGIA:

Federal judge: Death penalty tossed out due to 'incompetent' counsel----The 
judge said what was even more troubling is that the lawyer 'admitted that he 
might have fallen asleep' during the trial.



A federal judge in Atlanta has thrown out the death penalty that was passed 
down in the August 1999 conviction of Eric Perkinson, for the shooting death of 
16-year-old Louis Nava of Dunwoody in June 1998. Nava and another teen, 
17-year-old Dakarai Sloley, were carjacked by Wilkinson in DeKalb County. After 
forcing Nava to get in the trunk of the car, the car was taken to a secluded 
area of Bartow County.

Perkinson walked Nava into the woods at gunpoint before shooting and killing 
him. He walked Sloley into the woods but before killing him, Sloley ran off.

Perkinson shot at him but only wounded him. Sloley was able to flag down a 
pizza delivery driver and get help. Sloley was later able to identify Perkinson 
both in a photo lineup and in court as the gunman.

A Bartow County jury had sentenced Perkinson to death after convicting him on 1 
count of murder, 3 counts of felony murder, 1 count of aggravated battery, 2 
counts of aggravated assault, 2 counts of false imprisonment, 1 count of theft 
by taking, 1 count of possession of a firearm during the commission of a crime 
and 1 count of possession of a firearm by a convicted felon.

The convictions themselves still stand, however, the questions of penalty are 
what are at issue.

One of the most significant points raised in Perkinson's appeal is that an 
attorney hired by his mother as lead counsel, Alan Medof, was "incompetent and 
a nonentity as far as Petitioner's (Perkinson's) legal representation is 
concerned."

The ruling by US District Judge Amy Totenberg said the trial judge actually 
said during the motion for a new trial hearing, that Medof was not competent as 
a litigant.

"The Court would find as a matter of fact that, not only was Mr. Medof 
ineffective, but he was incompetent," Totenberg's ruling said.

Totenberg said what was even more troubling was that Medof "admitted that he 
might have fallen asleep during Petitioner's trial."

2 years prior to Perkinson's trial, Medof "was suspended by the Florida State 
Bar because of a crack cocaine addiction." He had been reinstated after 
completing an inpatient rehab program 8 or 9 months later.

However, when filing his motion with the trial court to be admitted for the 
Perkinson trial, he claimed he had never been reprimanded by a court. During 
the Perkinson case, Medof was arrested in Florida for soliciting a prostitute.

Another issue raised within the appeal was that Medof's co-counsel, Chris Paul, 
was not given adequate time to prepare.

Totenberg's ruling noted that Paul did not have death penalty experience and 
that the trial judge was well aware of this fact, but allowed the trial to move 
forward regardless.

"This court notes that the trial judge was well aware that Mr. Paul had no 
death penalty experience," Totenberg's ruling said. "Moreover, at the hearing 
on Petitioner's motion for a new trial, the trial judge noted that 'it took 
[him] 5 minutes to figure out' that Mr. Medof was incompetent."

In tossing out the death penalty portion of the conviction, Totenberg says a 
new trial has to be held within 120 days on whether Perkinson is mentally 
retarded. If a new trial is not granted, Perkinson's sentence would 
automatically be shifted to life in prison.

(source: WXIA news)

***************

Pastor shames Atlanta Pride, preaches for death to gays



The pastor of a Norcross church preaches that gay people should get the death 
penalty and that using the correct pronouns for transgender people is 
“disgusting” and “perverted.”

A WSB-TV viewer tipped the station off about Strong Hold Baptist Church after 
seeing one of Pastor David Berzins’ sermons on YouTube titled “Shame on Atlanta 
Pride and its Supporters.”

Berzins called the parade “the sodomite Pride parade” in the video posted days 
after the Pride celebration last October.

“There are a bunch of pedophiles, perverts, rebrobate, wicked, vile people 
walking, marching up and down the streets of Atlanta with their fag flags out 
and just out and proud in your face,” Berzins said.

He then reads off a list of businesses, politicians, churches and other Pride 
parade participants “to be named and shamed.”

Strong Hold Baptist Church operates in a Gwinnett County-owned building in a 
strip mall near Jimmy Carter Boulevard, according to WSB-TV.

Berzins moved from Arizona to Atlanta last June because he “saw a great need 
for a new church plant in the Atlanta area,” according to the church’s website.

Berzins defended his beliefs to WSB-TV.

“No one is going to prevent me from preaching the word unless they kill me,” he 
said.

(source: projectq.us)








FLORIDA:

Prosecutor working death penalty cases to challenge State Attorney Aramis Ayala



One of the prosecutors handling death penalty cases out of Orange and Osceola 
counties wants to replace State Attorney Aramis Ayala.

2 years ago, Ryan Williams worked in Ayala’s office before moving to a 
different district after she announced she was against the death penalty.

On paper, Williams works for the state attorney’s office in Ocala, but he’s 
never handled a case out of there.

Instead, he’s assigned to more than two dozen cases in Orange and Osceola 
counties that former gov. Rick Scott reassigned to the Ocala office after Ayala 
said she would not pursue the death penalty.

"Ms. Ayala talks about integrity. But her actions tell a different tale,” said 
Williams.

In his home town of Winter Garden, Williams had harsh words for his ex-boss.

"Ms. Ayala's tenure as state attorney is the primary and best example of what 
happens when a prosecutor, cloaked with enormous authority, views victims and 
the law as secondary concerns to personal priorities,” he said.

Since being elected, Ayala has traveled the country speaking about criminal 
justice reform, which Williams likens to being an absentee landlord.

State Attorney Brad King, who is Williams’s new boss, said Williams is the 
reason Ayala’s former death penalty cases have stayed on track after they were 
reassigned to his office.

“He cares about doing what’s right. He cares about leading people to do the 
same thing,” said King.

Ayala released the following statement regarding Williams:

"It is important to avoid distractions and respond to things that are 
legitimate and worthy of a response. I will continue to lead this community in 
seeking justice. I remain in the fight for change and progress. Most 
importantly, I remain focused on the job I have, not the job someone else 
wants."

(source: WFTV news)








ALABAMA----impending execution

Religious Appeals Continue for Alabama Inmate Dominique (Domineque) Ray, 
Scheduled to be Executed on February 7, 2019



Dominique Ray is continuing to request a stay of execution, arguing that his 
religious rights are being violated. Ray has filed a motion before the US Court 
of Appeals, arguing that the Alabama Department of Corrections is violating his 
religious rights by refusing to allow his Muslim spiritual advisor, an imam, to 
be present in the execution chamber during the execution. The imam is allowed 
to view the execution from behind glass. Traditionally, a Christian chaplain 
has been present in the execution, however, the Alabama Department of 
Corrections has agreed that the chaplain does not have to present for Ray's 
execution. In refusing to allow the imam to be in the execution chamber, the 
Alabama Department of Corrections cites security reasons, in addition to it 
being against protocol for a non-employee who is not familiar with the 
execution process to be in the execution chamber.

Dominique (Domineque) Hakim Marcelle Ray is scheduled to be executed at 6 pm 
CST, on Thursday, February 7, 2019, at the Holeman Correctional Facility in 
Atmore, Alabama. 42-year-old Dominique is convicted of murdering 15-year-old 
Tiffany Harville on July 15, 1995, in Dallas County, Alabama. Dominique has 
spent the last 19 years on death row in Alabama.

Dominique’s parents divorced when he was in elementary school because his 
father was having an affair. Growing up, Dominique also witnessed his parents 
physically fighting, as well as other men hitting his mother. Several witness 
produced at his trial testified that Dominique was a good friend and neighbor, 
who was supportive and non-violent.

On July 15, 1995, Tiffany Harville was left home alone, while her mother 
attended a workshop. When her mother returned home the following afternoon, 
Tiffany was not there and had not been seen since the previous evening. 
Tiffany’s mother made efforts to locate her daughter, with Dominique Ray 
offering his assistance in locating her by posting fliers and even offering 
reward money.

On August 16, 1995, Tiffany’s remains were found by a farmer working in the 
field. Police continued to follow leads and search for suspects, eventually 
arresting and charging Rod Suttle at the end of 1995. However the charges 
against Suttle were later dismissed.

On April 18, 1997, Ray, who was in custody at a local jail for an unrelated 
crime, revealed to investigators that he had witnessed Tiffany’s murder. Ray 
identified Suttle as the man who murdered Tiffany and 3 female associates as 
complicit in the crime. Ray later picked Suttle out of a police line-up.

On August 18, 1997, Marcus Owden, after experiencing a spiritual awakening, 
voluntarily approached the police and implicated himself and Ray in the murder 
of Tiffany. Upon questioning, Ray admitted that his earlier statements had been 
false.

On the night of July 15, 1995, Ray and Owden picked up Tiffany. The 2 men had 
allegedly agreed to ask her for sex, and if she refused, to “take it.” Each of 
the men raped her, although Ray insists he just acted like he did and that he 
had never agreed to rape her. After raping her, they killed her. According to 
Owden, Ray slit her throat and then stabbed her, with himself joining in. Ray 
claims that Owden produced the knife and killed Tiffany, after she threatened 
to report the sexual assault. Ray claims he did not inflict many stab wounds.

Owden testified substantially at Ray’s trial, including the following reason 
for his decision to come forward about the crime: “I began to read my Bible, 
and I began to seek the Lord. And my heart started to hurting because of what 
we had did, because of what God put in my heart. And that’s what brought me 
forward because my heart was hurting.”

Ray was convicted and sentenced to death for the murder of Tiffany. In February 
1999, Ray also was tried for the February 4, 1994, murder of Earnest and 
Reinhard Mabins, two brother ages 13 and 18, who were shot to death in their 
home. Owden also participated in the Mabins’ murder and confessed to the police 
when he told them about Tiffany’s murder. Ray received a life sentence for the 
murder of the 2 Mabins’ children. For his role in the murders Owden is serving 
a life sentence without the possibility of parole. Ray is seeking to have his 
execution stayed, as his request to have his Muslim spiritual advisor with him 
in the execution chamber has been denied. Ray has also asked that the Christian 
chaplain not be present in the execution chamber. That request has been granted 
by the Alabama Department of Corrections. Ray is also claiming that requiring 
him to have an autopsy after his execution violates his religious beliefs. Ray 
is professed Muslim. In the court filing, his lawyers are arguing that refusing 
his religious requests is a violation of his First Amendment rights, along with 
the Religious Freedom Restoration Act and the Religious Land Use and 
Institutionalized Persons Act. Chief U.S. District Judge Keith Watkins of the 
Middle District of Alabama has rejected Ray's request for a stay of execution. 
In his decision, Judge Watkins criticized Ray's lawyers for not filing the 
appeals months ago, when the execution was first scheduled. Attorneys for Ray 
plan to appeal Judge Watkins' decision to the 11th Circuit Court of Appeals.

Ray also filed an additional appeal for a stay of execution, arguing that he 
wished to be executed by nitrogen-hypoxia, which was made legal in Alabama last 
year. Inmates were given until July 1, 2018, to request execution by 
nitrogen-hypoxia. Ray waited until just days before his scheduled execution to 
make his request. Judge Watkins dismissed the request.

Please pray for peace for the family of Tiffany Harville. Please pray for 
strength for the family of Dominique Ray. Please pray that if Dominique is 
innocent, lacks the competency to be executed or should not be executed for any 
other reason, that evidence will be presented prior to his execution. Please 
pray that Dominique may come to find peace through a personal relationship with 
Jesus Christ, if he has not already.

(source: theforgivenessfoundation.org)

*******************

Huntsville man convicted of capital murder in 2013 slayings of wife, young son



Stephen Marc Stone was convicted of capital murder today in the 2013 Huntsville 
slayings of his wife and young son.

A Madison County jury found Stone, 39, guilty in the choking death of 
32-year-old Krista Stone and the choking and drowning death of 7-year-old 
Zachary Stone.

Prosecutors will seek the death penalty when the sentencing phase of the trial 
begins Wednesday morning.

The jury will issue an advisory verdict on whether Stone should face execution 
or life in prison without the possibility of parole. The final sentencing 
decision is up to Madison County Circuit Judge Donna Pate.

The jury deliberated for around 2 hours Tuesday afternoon.

“This is a difficult case and we’re very happy with the work the jury put in," 
Gann said. "It’s been almost six years since it happened. There were times we 
didn’t even know if we would get here.”

Defense attorney Larry Marsili said it’s a “difficult day" when a client gets a 
guilty verdict.

“But you know going in it’s a possibility," Marsili said. “It doesn’t take the 
sting out of it or make it any easier to deal with.”

Jurors on Tuesday morning heard about 2 1/2 hours of closing arguments from 
prosecutors and the defense.

Stone pursued an insanity defense. The jury had 3 choices for the verdict: 
guilty, not guilty or not guilty by reason of mental disease or defect.

“Even though this is not a run-of-the-mill murder case, it’s not legal 
insanity,” said Madison County District Attorney Rob Broussard in closing 
arguments.

The trial began with jury selection Jan. 28. Testimony began Thursday after the 
jury was selected.

The jury heard testimony from several witnesses, including defense experts who 
determined Stone was insane at the time he killed his wife and young son. The 
defense argued that because he was suffering from paranoid schizophrenia, Stone 
isn’t legally accountable for the killings.

Defense attorney Brian Clark in closing arguments asked the jury to put their 
heads over their hearts as they considered the evidence. Clark said there 
wasn’t motive for Stone to kill his wife and son.

But Madison County Chief Trial Attorney Tim Gann told the jury that Stone hated 
his life and was angry with his wife when he committed the killings. Gann said 
the Stone marriage was in trouble, and there was evidence Marc Stone was 
addicted to pornography. He said Stone had no history of mental illness.

“That’s not a compulsion,” Gann said. “That’s called motive.”

Stone killed his wife and son in February 2013 — a fact that the defense didn’t 
dispute. Stone confessed to police that he committed the killings. Gann said 
Stone told police “something broke inside of me,” and that after the killings 
he “felt free.”

Before the February 2013 killings, the Stone family was expecting Marc Stone’s 
parents to come for a visit from their home in Leeds. But Marc Stone left home 
that day, leaving only a note that he was going for a drive. Marc Stone 
returned home around midnight — after his parents were gone.

That’s when, prosecutors say, Krista Stone wanted answers about where her 
husband had been that day, and the couple argued.

Stone strangled his wife to death on the couch in their Chicamauga Trail home 
in southeast Huntsville. Stone then went into the bedroom of his sleeping 
7-year-old son Zachary, a first-grader at Mt. Gap Elementary. Stone covered the 
boy’s face and grabbed his neck. Zachary started convulsing, so Stone when into 
the bathroom, plugged the tub and turned on the water, prosecutors said. Stone 
held his son’s head under the water and killed him, Gann said.

The morning after the killings, Marc Stone took the couple’s two other children 
— ages 2 and 4 at the time — and drove to Leeds, where his parents lived. He 
eventually went to the Leeds Police Department to report he’d killed his wife 
and son in Huntsville.

Huntsville police went to the Stone home on Feb. 24, 2013 and found the bodies 
of Krista and Zachary lying covered, next to each other in bed.

(source: al.com)