Death Penalty Events in NC

From Murder Victims’ Families for Reconciliation:

My Brother’s Keeper: What Would You Do if You Suspected Your Brother of Murder?

David Kaczynski, brother of “Unabomber” Ted Kaczynski, and Bill Babbitt, brother of executed Marine veteran and Purple Heart recipient Manny Babbitt will tell their stories of personal courage and family tragedy throughout eastern North Carolina from May 3-12, 2010.

May 3 – Raleigh (First Baptist Church)
May 4 – Goldsboro (Herman Park Center)
May 5 – Kinston (St. Augustus AME Zion Church)
May 6 – Greenville (St. Paul’s Episcopal Church)
May 7 – Jacksonville (First Missionary Baptist Church)
May 8 – Wilmington (Martin Luther King, Jr. Center)
May 10 – Wilson (Wilson Community College, also speaking – Marie Verzulli, sister of a murder victim)
May 11 – Rocky Mount (Ebenezer Missionary Baptist Church, also speaking – Marie Verzulli, sister of a murder victim)

(all events start at 7:00 PM)

No Federal Death Penalty in Atwater/Carson Case

Demario James Atwater, charged with killing UNC student body president Eve Carson in 2008, has pleaded guilty in federal court.  Had the case gone to trial, he would have faced the death penalty.  A statement from Ms. Carson’s family indicates that they are satisfied with the plea deal.

Atwater still faces charges in state court related to the shooting.

Hennis Sentenced to Death Again

A military jury in Fort Bragg has returned a death sentence for Master Sergeant Timothy Hennis.  Hennis was first convicted and sentenced to death in civilian court for the 1985 murders of Kathryn Eastburn and two of her children.  He was retried and acquitted a few years later.  Hennis went on to retire from the military, but was called back into service to be retried for the Eastburn murders in military court.  Double jeopardy does not apply between civilian and military courts.  Hennis is the only person known to have been found not guilty in civilian court and later convicted and sentenced to death in military court.

Hennis becomes the sixth person on the military’s death row at Fort Leavenworth.  Four of the six hailed from military bases in North Carolina.

Hennis Jury Deliberating

At Fort Bragg, a military jury is now deciding whether Master Sergeant Timothy Hennis will be executed or serve life in prison.

Other NC Capital Trials

DW has been unable to find any media coverage, but believes that as many as three additional death penalty trials are currently underway:

Carlos Antonio Keels, Robeson County

Michael Patrick Ryan, Gaston County

Alfred Young Willard III, Mitchell County

Note that Ryan faced the death penalty in a previous trial, but the jury was unable to unanimously decide whether he was guilty or innocent.

Federal Death Penalty Case Begins in Charlotte

Jury selection will begin this morning in a Charlotte federal court for the trial of Alejandro Umana.  Umana is accused of killing two men in 2007 to advance his position in the MS-13 gang.  This is only the second case in which federal prosecutors have sought death in Charlotte since the federal death penalty was reinstated in 1988.

To learn more about the federal death penalty, click here.

Hennis Convicted, Sentencing Phase Underway

At Fort Bragg, Master Sergeant Timothy Hennis has been convicted of a 1985 triple murder.  Defense attorneys will begin presenting evidence today in the sentencing phase to convince the military jury that Hennis should not be sentenced to death.  If the jury sentences Hennis to death, he will join seven other servicemembers on military death row at Fort Leavenworth.

Morris Death Penalty Hearing Today

In Granville County, a hearing is being held to determine whether William Scott Morris will face the death penalty if convicted of the 2008 murder of his wife.

The proceeding is known as a Rule 24 hearing, after the court rule that governs how such a hearing is conducted.  For a crime to be death-eligible, it must not only meet the standard for first-degree murder, but must also posses certain characteristics which make it worse than the average killing.  These characteristics, which are known as aggravating factors, include things like killing a law enforcement officer in the line of duty or a killing that involves extreme torture.  At the Rule 24 hearing, the prosecutor will state which aggravating factors he thinks applies to the case and what evidence he has to support them.  If the judge agrees, the case will move forward with the death penalty as a potential sentencing option.  If the judge does not find an aggravating factor, the maximum punishment is life without the possibility of parole.

Cooper Sentencing Phase Begins

A Wake County jury found Samuel James Cooper guilty yesterday, convicting him of five counts of first-degree murder.  Opening arguments will take place this morning in the sentencing phase, where jurors will decide whether Cooper should be executed or sentenced to life in prison without the possibility of parole.

Hennis Jury to Begin Deliberations

Closing arguments are scheduled for this morning in the Fort Bragg trial of Master Sergeant Timothy Hennis.  A military jury will then decide whether Hennis is guilty of premeditated murder, guilty of unpremeditated murder, or not guilty of all charges.