KRIS_NC
11-04-2003, 06:12 PM
From Rick Halperin
4th November
NORTH CAROLINA---impending execution
Judge, Easley to hear inmate's case---Lawyers say alternate juror had
improper input in '87 conviction
In Raleigh, a lawyer for a death row inmate scheduled to die Friday for a
1990 Edgecombe County slaying gets a chance today to persuade a judge and
the governor to call off his execution.
The defense lawyer for Joseph Timothy Keel, 39, said the primary issue in
those appeals will be whether an alternate juror improperly helped decide
a conviction.
"We certainly feel the juror claim is a fundamental flaw," said defense
lawyer Jay Ferguson.
The presiding judge, Superior Court Judge Frank Brown, removed himself
from hearing the case because the defense said it may call him as a
witness. Brown presided over the original trials. Judge William Griffin of
Martin County will conduct the hearing.
Ferguson raised the juror issue last week after researchers found that an
alternate juror in another Keel trial claimed to have taken part in
deliberations.
Keel was convicted in 1987 of involuntary manslaughter in the death of his
infant son. That conviction, for which Keel served prison time, was used
by prosecutors as the legal reason, or aggravating factor, to justify a
death sentence in Keel's trial for the 1990 slaying of his father-in-law.
1 of the 2 alternate jurors said in a sworn statement that both alternates
were in the jury room and offered their views on the 1987 case.
The hearing is scheduled to take place at 3 p.m. in Tarboro, several hours
after lawyers for the defense and state present their cases to Gov. Mike
Easley at a clemency meeting. Easley has the authority to change the
sentence to life in prison.
Before the juror issue surfaced last week, Ferguson had planned to argue
to the governor that Keel was mentally retarded and shouldn't be executed.
Attorneys for the state say an alternate juror's participation in
deliberations would nullify the verdict. They deny that happened in Keel's
case.
Neither District Attorney Howard Boney nor Assistant District Attorney
Steve Graham was available for comment Monday
4th November
NORTH CAROLINA---impending execution
Judge, Easley to hear inmate's case---Lawyers say alternate juror had
improper input in '87 conviction
In Raleigh, a lawyer for a death row inmate scheduled to die Friday for a
1990 Edgecombe County slaying gets a chance today to persuade a judge and
the governor to call off his execution.
The defense lawyer for Joseph Timothy Keel, 39, said the primary issue in
those appeals will be whether an alternate juror improperly helped decide
a conviction.
"We certainly feel the juror claim is a fundamental flaw," said defense
lawyer Jay Ferguson.
The presiding judge, Superior Court Judge Frank Brown, removed himself
from hearing the case because the defense said it may call him as a
witness. Brown presided over the original trials. Judge William Griffin of
Martin County will conduct the hearing.
Ferguson raised the juror issue last week after researchers found that an
alternate juror in another Keel trial claimed to have taken part in
deliberations.
Keel was convicted in 1987 of involuntary manslaughter in the death of his
infant son. That conviction, for which Keel served prison time, was used
by prosecutors as the legal reason, or aggravating factor, to justify a
death sentence in Keel's trial for the 1990 slaying of his father-in-law.
1 of the 2 alternate jurors said in a sworn statement that both alternates
were in the jury room and offered their views on the 1987 case.
The hearing is scheduled to take place at 3 p.m. in Tarboro, several hours
after lawyers for the defense and state present their cases to Gov. Mike
Easley at a clemency meeting. Easley has the authority to change the
sentence to life in prison.
Before the juror issue surfaced last week, Ferguson had planned to argue
to the governor that Keel was mentally retarded and shouldn't be executed.
Attorneys for the state say an alternate juror's participation in
deliberations would nullify the verdict. They deny that happened in Keel's
case.
Neither District Attorney Howard Boney nor Assistant District Attorney
Steve Graham was available for comment Monday