Later On

A blog written for those whose interests more or less match mine.

How the criminal justice system works in Alabama

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A judge overrides a jury’s decision not to execute a man convicted of murder and orders the death penalty, even though the judge knows that a key witness had been paid $5,000 for her testimony—and the judge makes sure that the jury is not informed of this payment.

Radley Balko has the full story with details:

Last week, an Oklahoma appeals court granted death row inmate Richard Glossip a stay of execution about an hour before he was scheduled to die. There’s plenty of evidence casting doubt on Glossip’s guilt, including new evidence his legal team unveiled just last week. (Much of it came from witnesses who came forward after seeing the publicity surrounding Glossip’s nearing execution.) Whenever a death row inmate claims innocence in the waning hours of his life, there’s inevitably a chorus of death penalty supporters who point out that the condemned was convicted by a jury, by the work of police and prosecutors, that the verdict would need to have been upheld by a judge, and then by multiple appeals courts.

But consider the case of Montez Spradley. As Glossip neared his execution, Spradley was enjoying his second week of freedom after nearly a decade in prison. For most of that time, he was on death row. He had been convicted of robbing and killing a woman, Marlene Jason, in 2004.

At first glance, the case against Spradley seemed strong. The police claimed to have records of the victim’s credit card being used at the gas station and seafood store, and surveillance photos of Spradley at those businesses at the time the card was used. Spradley’s ex-girlfriend, and the mother of his three children, testified that he had confessed to her, then beat her and threatened her if she tried to testify against him. A jailhouse informant also claimed that Spradley had confessed to him, and even claimed to have corroborating evidence to back up the allegation.

Spradley was convicted in 2008, both for the murder and for threatening his ex-girlfriend to dissuade her from testifying. But there were problems with the state’s case. Most notably, there was no physical evidence linking Spradley to the crime. Perhaps that’s why, during the sentencing phase, the jury voted 10-2 to spare Spradley the death penalty.

Unfortunately for Spradley, Alabama is one of three states in which a judge can override the jury’s verdict in a capital case. Judge Gloria Bahakel disregarded the jury’s recommendation and sentenced Spradley to death. (Incidentally, judges and these three states can also go the other way — they could override a jury’s death recommendation to impose a life sentence. But since 1976, they’re 11 times more likely to override life for death than the other way around.)

Over the next few years, the state’s case against Spradley began to fall apart. In 2011, the Alabama Court of Appeals ordered a new trial on several grounds. Most notably, the court found that the state never established that the security camera photos allegedly showing Spradley at the gas station and seafood store were actually taken at the time the victim’s credit card was used. In fact, the state never produced any documents from a bank showing that the card was used at those businesses. Instead, the state relied on the testimony of the police detective who investigated the case, Jefferson County Sheriff’s Office Det. Don Edge. As the court pointed out, this was the only evidence linking Spradley to the victim. The state moved ahead with plans to prosecute Spradley again, led by the man who prosecuted him the first time, deputy district attorney Mike Anderton. But before the second trial started, new information further crippled the state’s case.

The most damning piece of evidence against Spradley was the testimony of his ex-girlfriend and the mother of his children, Alisha Booker, who claimed that Spradley had confessed to her. There were already problems with Booker’s story. She claimed in a recorded interview that Spradley told her he committed the crime with a man named Antonio Atkins. The police already knew about Atkins because witnesses claimed someone in a car matching the one he owned tried to sell them gas purchased with Jason’s credit card. But the police also knew that Atkins had an alibi — he had been working the night of the murder. His attorneys have suggested that Atkins’s brother Sedrick was Jason’s killer. Unfortunately, Sedrick Atkins was shot and killed in 2011. At trial, Det. Edge testified that he couldn’t recall if Booker told him Spradley was with someone on the night of the murder, a convenient memory lapse that saved the jury from hearing a critical detail that cast serious doubt on Booker’s testimony.

After his death sentence, Spradley was represented by Birmingham defense attorney Richard Jaffe and Anna Arceneaux, a staff attorney with the ACLU’s Capital Punishment Project.

In a phone interview, Arceneaux says they had learned of a fund run by the Alabama governor’s office that provides reward money to citizens who help solve serious crimes. On a whim, Spradley’s attorneys asked the governor’s office for any information related to payments to witnesses in the Spradley case. They discovered that Alisha Booker had been paid $5,000 for her testimony. They later discovered that she had been paid an additional $5,000 through a private fund. None of this had been disclosed to Spradley’s defense team, as is required by law.

But it gets worse. They also discovered that the money from the governor’s fund was paid to Booker after Spradley’s conviction but before his sentencing. What’s more, Judge Gloria Bahakel had signed off on the payment. She too never disclosed the payment to Spradley’s defense team.

“That means not only did she know that the state had paid Booker and did nothing about it, she also had knowledge of the payment when she overrode the jury and imposed the death penalty,” Arceneaux says.

Anderton has publicly said that he wasn’t personally aware of the payments to Booker, but Arceneaux points out that the documents came from the office of Anderton’s boss at the time, Jefferson County District Attorney David Barber. If Anderton didn’t know about the payments, then someone in his office was making deals with a witness without his knowledge. “Either scenario is disturbing,” Arceneaux says.

Both Arceneaux and Jaffe say they also believe that Booker received yet more money later, possibly from a Crime Stoppers program. They also learned that shortly before trial, Booker attempted to recant her testimony. . .

Continue reading.

Written by LeisureGuy

21 September 2015 at 2:47 pm

Posted in Law, Law Enforcement

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