[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., MISS.

[Rick Halperin]

Feb. 28



TEXAS:

Graham man convicted of capital murder for killing 2 sons



A Tarrant County jury deliberated for less than 45 minutes Friday before 
convicting a Graham man of capital murder in the deaths of his 2 young sons in 
2011.

Prosecutors are seeking the death penalty, and the sentencing phase of the 
trial is scheduled to begin Monday. Jurors will be asked to decide whether 
Gabriel Armandariz, 32, should die or go to prison for life.

Bad weather this week occasionally delayed the trial, and Monday's proceedings 
were canceled altogether. On Friday, the courtroom staff had trouble finding a 
restaurant that would deliver lunch to jurors, and witnesses called to testify 
reported long, slow drives through the snowstorm that hit North Texas.

But in the end, things went quickly.

Defense attorney Terri Moore acknowledged to the jury that Armandariz was 
guilty and then said deliberations should not take long because his guilt was 
not in question.

Jurors had yet to hear the whole story of why Armandariz did what he did, she 
said, and they would learn that next week.

"He's crazy, but Gabriel is not insane," Moore said.

In her closing argument, prosecutor Lisa Tanner - in response to Moore - said 
that she knows why Armandariz killed his children.

"This was pure meanness," Tanner said. "I have no doubt that he loved his 
children. But the sad fact is that he hated Lauren Smith more."

Smith, the boys' mother, had a 3-year troubled relationship with Armandariz.

Armandariz strangled 8-month-old Luke and 2-year-old Gatlin on April 13, 2011, 
at his family's house in Graham. He hid their bodies in the crawl space under 
the house.

There was a 2nd man in Smith's life, Jeremy Larramore, the father of her oldest 
child. The hatred between Armandariz and Larramore ended in the deaths of the 2 
brothers, according to testimony Friday.

Larramore, 26, and Smith met in high school, had a daughter together and had 
just recently broken up when Armandariz entered the picture. Larramore 
testified Friday that he and Armandariz got into a fistfight during their first 
meeting and that the animosity only grew.

Larramore married another woman, but Armandariz texted him incessantly and 
threatened to steal his children.

"He was constantly bringing up my wife in a sexual way," Larramore testified. 
"He was saying he was having sex with my wife."

Larramore and Smith had an informal shared-custody arrangement for their 
daughter, but he went to court to reduce her access because she continued to 
involve Armandariz in their visits.

On one occasion, Armandariz got drunk, became angry, and tossed clothes and 
furniture belonging to Smith and her daughter outside, in full view of 
Larramore's visiting relatives.

Smith's time with her oldest was reduced to supervised visits only, Larramore 
told the jury.

Armandariz was 6 years older than Smith, had been in prison on a drug 
conviction and told Larramore that he had been a gang member, Larramore said.

Both men threatened each other, and Larramore once texted that he would "slit 
[Armandariz's] throat" for asserting that he was having sex with Smith, 
according to a text message read into the trial record. Once, Armandariz 
threatened to steal Larramore's children as they played in the yard, Larramore 
said.

Each man told the other that he had fathered the other man's children, 
Larramore testified.

"Sometimes I would get 10, 20, 30 text messages from him a day, and I got tired 
of hearing from him," Larramore said. "My grandmother told me to turn the other 
cheek and let it go. But sometimes I didn't."

The case was moved from Young County to Tarrant County because of extensive 
pretrial publicity. Graham is about 90 miles northwest of Fort Worth.

Weather permitting, the trial will resume Monday. State District Judge Stephen 
Bristow of Young County is presiding. Tanner and Tom Cloudt are assistant state 
attorneys general. Assisting Moore with the defense is Joetta Keene.

(source: Fort Worth Star-Telegram)

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

North Texan could be sent to death row for killing 2 sons



A North Texas man has been convicted of strangling his 2 young sons and hiding 
their bodies in the crawl space under the family's home.

Gabriel Armandariz of Graham could get the death penalty or life in prison 
without parole when the punishment phase begins Monday in Fort Worth.

Armandariz was convicted Friday of capital murder in the 2011 deaths of his 
sons, 8-month-old Luke and 2-year-old Gatlin.

Investigators say Armandariz had a dispute with the children's mother and sent 
her a photo of the baby hanging by the neck.

Graham is about 75 miles northwest of Fort Worth. The case was moved from Young 
County due to extensive publicity about the deaths.

(source: ABC news)








PENNSYLVANIA:

Interest grows in Pennsylvania death penalty committee



The governor's death penalty moratorium, announced earlier this month, brings 
attention to an obscure group that has been quietly examining the use of the 
capital punishment in Pennsylvania for 3 years.

In his announcement, Gov. Tom Wolf said he will reprieve all convicts facing 
execution until a death penalty task force finishes its work. About 1/2 the 
members of that group had unsuccessfully asked former Gov. Tom Corbett for the 
same moratorium.

Critics have lambasted Wolf for removing the ultimate penalty as a form of 
justice needed to punish the worst criminals. Supporters say it's reasonable to 
stay executions pending the task force's findings.

Pennsylvania has executed 3 people since the death penalty was reinstated in 
1978; the last was in 1999. All 3 were convicts who abandoned their appeals and 
voluntarily went to their deaths.

The state now has 186 people on death row - 5th-most in the nation. 
Pennsylvania governors have signed 434 death warrants, but almost all have been 
halted by the courts. 1 inmate has received a date of execution 6 times, with 
each being postponed by judicial intervention.

The log jam was one reason behind the task force's creation in 2011. The group 
faced a daunting charge of considering 17 facets of the capital punishment 
including whether the state's use of lethal injection is constitutional, the 
number of mentally ill or mentally handicapped people on death row, how a 
convict's race factors into a death sentence, the death penalty's costs, and 
the risk of executing innocent people.

It was supposed to finish its work by the end of 2013. One lawmaker leading the 
group says it will more likely be the end of this year - 2 years behind 
schedule.

The delays are due, in part, to foot-dragging by some agencies holding 
information that the task force needed in order to weigh costs and benefits of 
the death penalty, said state Sen. Daylin Leach, D-Montgomery County, a staunch 
opponent of capital punishment.

Leach declined to say who those foot-draggers were, but he added that the task 
force now has the information that it needs.

The task force is composed of 2 Republican and 2 Democratic senators, along 
with a 25-member advisory committee.

The advisors include some death penalty opponents as well as victims' advocates 
and prosecutors including Philadelphia District Attorney Seth Williams, who 
have taken steps to undo Wolf's moratoriium.

Williams filed a legal challenge asking the State Supreme Court to determine if 
Wolf over-reached his authority in staying the sentences.



Unlike some other states, Pennsylvania doesn't give its governor broad power to 
commute death sentences, Williams argued. He points to language in the state 
Constitution, which directs that pardons must come from the Board of Pardons.

Of course, Wolf knows lawyers, too.

His office released a statement from former federal Appeals Court Judge Timothy 
Lewis, arguing that the governor does, in fact, have the authority to issue the 
moratorium.

Lewis said Wolf can legally manage the moratorium by issuing individual 
reprieves each time a convict is due to be put to death.

As the Supreme Court contemplates that legal question, Wolf's moratorium at 
least guarantees that the death penalty task force and its findings, no matter 
what they are, have everyone's attention.

(source: Associated Press)

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

Maybe we should televise an execution or 2 before making up our minds



There may be a moratorium on executions in Pennsylvania, but if last week's 
local poll on the subject is any indication, the fight for the death penalty's 
survival has barely begun.

The conventional wisdom in survey research is that people - Americans 
especially - like to gravitate toward the centrist answers on public opinion 
polls.

We like to think of ourselves as moderate, middle-of-the-road. Extremism is 
downright un-American.

But instead of the bell curve one might expect, our poll on the death-penalty 
moratorium returned a perfect "U" with the answers clustering at the extremes:

1. The governor is wrong. Delaying the execution of convicted killers is unfair 
to the victims and to society (25 votes, 36.23 %).

2. I have mixed feelings. We should execute convicted killers, but we need to 
make sure no innocent person is ever put to death (10, 14.49 %).

3. The governor is right, but only if the moratorium is temporary, to ensure no 
innocent person could be executed in Pennsylvania (8, 11.59 %).

4. The governor doesn't go far enough. Killing is wrong, and that includes 
state-sanctioned executions (26 votes, 37.68 %).

It's no surprise to me that, for many people, the death penalty is a powerful 
symbol of personal accountability and justice for victims and families. But I'm 
still surprised more death-penalty proponents didn't take one of the middle 
options.

No one, I'm sure, wants to see the innocent executed, so there must be other 
reasons to avoid those middle-of-the-road answers.

Maybe they don't trust the governor's motives, or put too much trust in the 
system to always get the right guy.

Publicity surrounding a disturbing number of cases in which DNA proves they got 
the wrong guy - such as York County's own Ray Krone - have no doubt helped 
erode support for the death penalty.

Gallup's most recent survey of the question 2 years ago indicated 60 % of 
Americans favored capital punishment, down from a historic high of 80 % in 
1994. And there is evidence that support for executions continues to decline.

Still, I'm surprised nearly 40 % of the respondents to our local poll would 
stake the other extreme.

True, if killing is wrong, there is no room for compromise, like there might be 
for a capital-punishment supporter who backs the governor on this.

Still, I'd like to suggest a modest compromise I think both sides ought to 
agree on: If we're going to put people to death, we ought to live-stream the 
executions so the public can watch what is being done in its name.

That should satisfy those who thirst for revenge, and it underlines any 
deterrent effect executions might have.

Back in the day, people took their kids to hangings as an object lesson of what 
can happen when you misbehave.

And those opposed to capital punishment ought to welcome a cold-blooded look at 
the machinery of death.

The father of sociology, Emil Durkheim, talked about what he called the 
"theater of punishment" - that the justice system reflects and reaffirms the 
values of the society that enforces them.

Certainly the images of barbarous terrorist beheadings say plenty about their 
own twisted sense of justice.

I like to think most societies have come a long way since burning at the stake 
and breaking at the wheel were popular entertainments. But I want to know more 
before making up my mind. So speaking for myself only, I'd have to agree with 
the governor.

I think we need to take a hard look at the death penalty, and maybe that 
includes really watching what is being done in our name.

(source: Marc Charisse, York Daily Record)

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

The death penalty doesn't deter crime, but it could help those who need organs



No, Gov. Wolf, the death penalty is not a deterrent to murder ("Wolf Orders 
Freeze on Executions," Feb. 13). Neither is any other punishment a deterrent to 
crime. A person committing a crime never thinks of the consequences. The 
prospect of being caught and sent to jail has never prevented a crime.

A person committing murder should forfeit his right to life. He or she should 
be sentenced to total solitary confinement. The person would be confined for 
the rest of his life and let out of the cell for 1 hour a day, alone, to a 
private enclosure.

Those sentenced to death could agree to be a complete organ donor - death by 
donation. Some say the current method of death by injection is cruel and 
unusual punishment. The person would be put to sleep as in any other operation 
- no pain. All organs would be harvested; the last would be the heart. The 
death penalty is carried out. One person dies, and 5 or 6 people start a new 
life.

RICHARD C. GROVE----Penn Hills

(source: Letter to the Editor, Pittsburgh Post-Gazette)








NORTH CAROLINA:

2 will face the death penalty



2 alleged co-conspirators in a 2012 homicide are now facing the death penalty.

At a hearing Friday in Onslow County Superior Court, with Judge Charles Henry 
presiding, District Attorney Ernie Lee announced the state would pursue the 
death penalty against James Edward Williamson and Larry Forrest, both 23 years 
old. Lee was accompanied by Assistant District Attorney Michael Maultsby.

Both men are accused of conspiring to kill Kim Flournoy a 65-year-old 
Jacksonville resident, December 2012 outside the TNT Bingo Hall on Henderson 
Drive. Both men were arrested and charged with 1st degree murder, among other 
charges, in 2013.

Forrest is accused of shooting Flournoy while Williamson, a corporal aboard 
Camp Lejeune at the time, drove him away from the scene, according to prior 
reports. Flournoy was pronounced dead at the scene.

Lee explained the state is pursuing the death penalty in both cases because the 
incident involved "at least 1 aggravating circumstance," per North Carolina 
statutes. The circumstance the state presented to the court was "pecuniary 
gain." That is 1 of 11 aggravating circumstances in which the death penalty can 
be pursued in North Carolina, according to state statutes.

Forrest was represented by Richard McNeil and Williamson was represented by 
Paul Castle, both of Jacksonville.

North Carolina law requires a defendant in a capital case to have 2 attorneys 
representing them and Castle said he would sit as 2nd chair to an attorney 
obtained by the North Carolina Office of Indigent Defense Services for 
Williamson. That is also per North Carolina law, Castle explained, since he has 
not been council on at least 2 capital cases.

Castle believes pursuing the death penalty against his client isn't a good use 
of the state's resources, calling it "overkill."

Capital cases in Onslow County are rare, Castle and Lee said. 3 people tried 
and convicted in Onslow County - Clifford Ray Miller, Bryan Christopher Bell 
and Johnny Hyde - are currently on death row, according to the North Carolina 
Department of Public Safety. They were all convicted more than a decade ago. 
Miller's case was the latest and he was convicted Oct. 25, 2001. Another man, 
Marcus Douglas Jones, was also on death row after he was convicted on Nov. 9, 
2000, Lee said, but died of natural causes in 2012.

Lee has only tried 8 capital cases since joining the District Attorney's office 
in 1987, he said, the 1st was in 1995.

The last capital case tried in Onslow County was against Angelito Reyes Maniego 
in 2002, according to Lee. Mantiego was found guilty of 1st degree murder, but 
was sentenced to life without parole.

On May 26, 1939, Edward Lee Maddox was the last person tried and convicted in 
Onslow County to be executed, Lee said.

A date was not set for either Williamson or Forrest's trial during the hearing.

Another hearing in an unrelated case was held for William Zachary Parker, a 
28-year-old Sneads Ferry man accused of killing Elmer Lee Hudler, a 60-year-old 
Holly Ridge man, in April 2014. His hearing, to determine if the state will 
pursue a capital case against him, has been rescheduled for the week of March 
23 after he, through counsel, requested "time in which to meet with a potential 
witness known to the defense that may have some bearing on this proceeding."

Members of Parker's family, including his mother, were in attendance during the 
hearing.

(source: Jacksonville Daily News)








GEORGIA----new (and impending) execution date

Man convicted of 2001 Newton County murder scheduled for execution



Brian Keith Terrell, the man convicted of killing 70-year-old John Watson in 
his Covington home in 1992 is scheduled to be executed March 10 at 7 p.m., 
Georgia Attorney General Sam Olens announced Friday.

On Friday, the Superior Court of Walton County filed an order setting the 7-day 
window in which the execution of Brian Keith Terrell may occur to begin at 
noon, March 10, 2015, and ending 7 days later at noon on March 17, 2015. 
Terrell has concluded his direct appeal proceedings and his state and federal 
habeas corpus proceedings.

According to the Georgia Supreme Court Terrell shot Watson outside of his home, 
firing multiple shots, dragged him across the lawn and beat him "so severe that 
bone penetrated into the victim's brain."

Evidence during the trial suggested that Terrell's mother was a close friend of 
Watson, and Terrell stole 10 checks from the victim and began using them. After 
Watson discovered the theft, he agreed with Terrell's mother not to press 
charges if Terrell returned a significant portion of the stolen money by the 
following morning.

The next morning, it was testified that Terrell and his cousin Jermaine 
Johnson, drove to Watson's house. Terrell got out of the automobile at Watson's 
house carrying a pistol. When Johnson returned from dropping off Terrell, 
Terrell reportedly told Johnson he had shot someone. Terrell then took his son 
to the zoo, where he disposed of the pistol.

When Watson missed his dialysis appointment, a search began for the Newton 
County resident.

Evidence found at Watson's house showed that Terrell hid at the corner of his 
house waiting for Watson to drive to his dialysis appointment. Terrell then 
fired repeatedly at Watson, with initial shots striking the driveway, including 
one that ricocheted into the victim's thigh. Terrell then continued to attack 
and overtook Watson, shooting him 3 more times before dragging him to a 
secluded area.

Evidence in the sentencing phase showed that Terrell had previously 
participated in a home-invasion robbery against drug dealers at an apartment in 
DeKalb County in 1990. According to Terrell's confession in that case, the 
robbery involved use of guns and the female victims were ordered to strip and 
were bound in a closet while the male victim was placed underneath a sofa.

In a separate incident, Newton County Sheriff's Department deputy testified 
that in 1994 Terrell approached him and said he was going to rape the officer's 
daughter and smiled. Testimony also showed that Terrell set a fire at the 
Newton County Jail in 1994.

Terrell was indicted in the Superior Court of Newton County for 1 count malice 
murder and 10 counts of 1st degree forgery. The 1st trial ended in a mistrial, 
and the 2nd resulted in a conviction and death sentence. However, the Georgia 
Supreme Court reversed the conviction due to an error in jury selection. 
Terrell's 3rd trial was held in Walton County and on Feb. 6, 2001, a jury 
convicted Terrell as charged in the indictment and recommended a death 
sentence.

(source: covnews.com)

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

Attorney, supporters throw Hail Marys for Kelly Gissendaner



As the state's needle approaches, last-ditch efforts are increasing for Kelly 
Gissendaner.

Attorneys for the former Auburn woman, convicted of having her lover kill her 
husband in 1997, have filed arguments trying to halt her Monday night 
execution.

The filings allege, among other things, that Georgia has questionable methods 
of selecting and obtaining lethal injection drugs and that those drugs could 
cause excessive pain in the 46-year-old's death. The attorneys also argue that 
she doesn't deserve to die because she didn't physically kill Doug Gissendaner.

The state's legal teams have in turn filed responses denying the claims and 
accusing those in Gissendaner's corner of trying to stall by rehashing issues 
that have long been decided in court.

As usual, the legal back and forth is likely to continue until shortly before 
the execution's scheduled time, 7 p.m.

Meanwhile, supporters and death penalty abolitionists continue speaking out, 
pleading for mercy.

The Georgians for Alternatives to the Death Penalty organization is holding 12 
vigils around the state in a show of solidarity for Gissendaner at 6:30 p.m. 
Monday.

By 7 p.m. Friday, more than 1,400 signatures were also logged on a petition on 
Change.org begging the Georgia parole board to step in and save the woman.

The board, however, has already spoken. After a lengthy hearing Tuesday, the 
board declined to grant her clemency.

A group of clergy members have also created a petition, calling for the state 
to commute Gissendaner's death sentence to life without parole. Nearly 40 
pastors and priests from all over Georgia - Macon, Atlanta, Norcross - had 
reportedly signed on by early Friday night.

The petition asks clergy members to sign agreeing with statements about the 
inmate's reformation and strong Christian faith. The petition's text also 
purports to quote her accepting responsibility for her actions, saying "it is 
impossible to put into words the overwhelming sorrow and remorse I feel ... I 
would change everything if I could."

Gissendaner's regret and attempts to get right with God have been the source of 
much of the sympathy she's won.

Her children have spoken of the change in pleas to save her life. Dozens of 
supporters - fellow inmates, at-risk youths she's helped, religious leaders and 
even a retired warden - have written to the parole board on Gissendaner's 
behalf.

Former inmate Hazel Williams told the Daily Post on Friday that she saw the 
good in the condemned woman firsthand.

"The Kelly I know is nothing but a very kind-hearted person who is always 
helping other people," said Williams, who says she knew Gissendaner when they 
were both at Metro State Prison. "Many (women were) about to commit suicide in 
lockdown and she talked them out of it. For me personally, she inspired me to 
have a closer (connection) with God."

Gissendaner's path to salvation is also detailed in exhibits attached to her 
attorneys' motions. The attorneys presented 141 pages of letters from 
supporters and notes from instructors who worked with her in religious courses 
she's taken behind bars.

She passed most of the courses with strong marks. The documents say Gissendaner 
learned in detail about the life and teachings of Christ and how to come back 
from grievous transgressions.

One of the classes was titled, "You Can Live Forever."

Gissendaner got a 91.

(source: Gwinnett Daily Post)








FLORIDA----new death sentence

Jury recommends death for Wood



Jurors unanimously recommended Friday that 24-year-old Zachary Taylor Wood be 
put to death for the murder of James 'Coon" Shores.

If Circuit Judge Christopher Patterson goes along with the jury's 
recommendation, Wood will be the 1st person to be sentenced to death in 
Washington County's modern judicial history.

The same jury of 6 men and 6 women had found Wood guilty Thursday of 1st-degree 
murder, burglary of a structure while armed with a firearm and robbery with a 
firearm.

During Friday's sentencing hearing, 6 people testified on Wood's behalf.

Heather Griffin, his older sister, pleaded with jurors to recommend a life 
sentence without parole. She read a typed letter that described Wood's 
tumultuous childhood.

Griffin, who is 15 years older than her brother, recounted how she helped raise 
Wood from the day he was born until that job became full time after their 
mother died from colon cancer when Wood was 8 years old.

"Zach has had a very difficult life. None of this is an excuse, but I did my 
best to raise him," Griffin said. "I feel in my heart that this is my 
responsibility."

Griffin then looked to Shores' family and apologized.

"I would do anything to take away their suffering," she said. "My family has 
suffered, too. This tragedy not only destroyed Mr. Shores' family, but also 
mine."

Griffin described Wood as a helpful younger sibling who had been exposed to 
factors of abuse and "destructive drug use." She said Wood had hoped to get 
clean and away from the influence of his co-defendant in the killing, 
21-year-old Dillon Scott Rafsky.

It came to light during the trial that Wood and Rafsky had been in a romantic 
relationship. Walter Smith, Wood's attorney, told jurors that his client was 
coerced into participating in Shores' killing because he was afraid for his own 
safety if he didn't go along with Rafsky.

Washington County sheriff's deputies found the 66-year-old Shores shot to death 
on his property April 20. Deputies arrived after they received information from 
Alabama lawmen that a vehicle connected to the shooting of a state trooper was 
registered to Shores.

Testimony during the trial indicated that Shores returned to his home to find 
Rafsky and Wood there. They had been riding in a stolen Jeep on the property 
when it got stuck. They then burglarized Shores' home, according testimony 
presented at Wood's trial.

After Shores told the men to get off his land, prosecutors said Wood and Rafsky 
allegedly beat, bound and shot him execution-style. They also allegedly dowsed 
him with him with solvent and tried to set him on fire.

Smith maintained Friday that that his client did not pull the trigger that day.

"It (the death penalty) should be reserved for persons we know beyond a 
reasonable doubt are capable of taking a human life and have taken a human 
life," he said.

"He's guilty because he helped another individual, but he did not do it," Smith 
added.

Assistant State Attorney Larry Basford told the jury the murder met 3 
aggravating factors worthy of the death penalty: It was committed to avoid 
arrest, during a burglary or a robbery, and was cold, calculated and 
premeditated.

After the jury returned with its recommendation, Josiah Shores, James Shores' 
son, thanked investigators and the prosecutors of the case.

"They all did a good job," Shores said.

Patterson will consider more mitigating and aggravating factors during a 
hearing April 17 before he hands down Wood???s sentence. He is not required to 
follow the jury's recommendation but must give it great weight.

(source: Panama City News Herald)

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

Defendant continues fight for his own death penalty



Prosecutors say 39-year-old Craig Wall should die for his crimes, and Wall 
himself says he wants to be executed.

All week in court, he has been defending himself on double murder charges.

Now, Pinellas Circuit Judge Philip Federico wants special independent counsel 
involved before deciding how to sentence Wall.

Earlier this month, Wall pleaded guilty to the February 2010 stabbing death of 
his estranged fiancee and pleaded no contest to the murder of their newborn son 
a couple of weeks before Laura Taft's death.

Prosecutors are seeking the death penalty, Wall wants the same punishment, but 
he chose to act as his own attorney in the penalty phase of his murder trial.

Presumably, that required him to present evidence to counter the prosecution's 
arguments supporting a death sentence. Wall denies killing the baby and 
presented photos and videos intended to show his love for the infant.

However, he offered no mitigating evidence for murdering Taft, instead saying 
he felt capital punishment was appropriate.

After the defense and prosecution rested their cases, Judge Federico called 
Wall's presentation a "red flag" for probable reviews by higher courts. The 
independent counsel will review the case and tell the court whether all of the 
possible mitigators were offered.

In the meantime, the usual pre-sentencing investigation will be conducted. 
Judge Federico scheduled an April hearing to consider the findings before 
sentencing Wall.

(source: Fox News)








MISSISSIPPI:

Mississippi court sets arguments in rape conviction appeal



Attorneys for death row inmate Charles Ray Crawford will argue before the 
Mississippi Supreme Court March 23 that the man's 1994 rape conviction should 
be tossed out because he received poor legal representation at his trial.

The result of the appeal could mean the difference between life and death for 
Crawford.

Crawford, now 49, is on death row for the 1992 slaying of Kristy Ray in the 
Chalybeate community in Tippah County. Crawford argues he received ineffective 
counsel to defend himself against the rape charges, which were used by 
prosecutors to seek the death penalty. Few details of the rape conviction are 
discussed in earlier briefs in the death penalty case.

The Supreme Court refused in December to throw out Crawford's appeal of his 
1994 rape conviction. Prosecutors had argued in requesting the dismissal that 
Crawford got a fair trial and that if there was any error, it was Crawford's 
for waiting 20 years to file an appeal.

Glenn Swartzfager, Crawford's lawyer, has argued there were numerous errors in 
Crawford's rape trial including poor performance by the defense, prosecutorial 
misconduct, and questionable rulings and jury instructions from the trial 
judge.

"A more error-ridden case may never have come before this court," Swartzfager 
wrote in the brief to the Supreme Court.

Crawford was arrested in 1992 and charged with rape and aggravated assault. 
While free on bond, he was arrested on murder charges in the death of a young 
woman. He was convicted of rape in 1993 and sentenced to 66 years in prison. He 
was then found guilty of murder in 1994 and sentenced to death. Prosecutors had 
argued for the death penalty, saying it was justified because Crawford's past 
as a rapist constituted an aggravated factor and called for the harshest of 
punishments.

According to his lawyers, Crawford could get off death row - where he now 
resides on the unrelated murder conviction - if his appeal in the rape case is 
successful.

The Supreme Court said it would not set an execution date for the murder until 
the rape appeal is resolved.

If the Supreme Court upholds Crawford's conviction in the rape case, Attorney 
General Jim Hood could again petition the court to set an execution date. 
Crawford's lawyers argue that the death sentence would be negated if the 
conviction is reversed.

In 1993, Crawford was out on bond awaiting trial on charges of aggravated 
assault and rape. 4 days before his trial, the 20-year-old Ray, a student at 
Northeast Mississippi Community College, was abducted from her parents' home in 
Chalybeate.

After his family and attorney notified police that they feared Crawford was 
committing another crime, he was arrested. Crawford told authorities he did not 
remember the incident but later led them to Ray's body, buried in leaves in a 
wooded area.

(source: Biloxi Sun Herald)