Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > CAPITAL PUNISHMENT > Death Row & Capital Punishment Discussions
Register Entertainment FAQ Calendar Mark Forums Read

Death Row & Capital Punishment Discussions Discussions relating to inmates on Death Row / facing capital punishment in the United States and abroad that don't fit into any of the other forums

Reply
 
Thread Tools Display Modes
  #1  
Old 02-18-2004, 06:40 PM
softheart softheart is offline
Register
Donation Award 
 

Join Date: Aug 2002
Location: Washington State
Posts: 10,791
Thanks: 30
Thanked 193 Times in 75 Posts
Default Death Row Inmate Retried, Acquitted (North Carolina)

Feb. 18, 2004

North Carolina

Death Row Inmate Retried, Acquitted

ESTES THOMPSON, Associated Press

WINDSOR, N.C. - A prisoner taken off death row after a judge ruled
prosecutors withheld key evidence in his murder trial was found not guilty
Wednesday in a second trial.

Alan Gell, 28, has spent a decade behind bars in the 1995 murder of
retired truck driver Allen Ray Jenkins, who was shot twice during a
robbery. After the verdict, Gell hugged his attorneys and his mother wept
in the courtroom.

He was immediately allowed to go free. When asked what he was going to do,
he responded: "Go home, where I should have been years ago."

The case has led to calls for North Carolina to impose a moratorium on
executions, and the verdict likely will fuel the debate.

Prosecutors who handled Gell's retrial were not seeking the death penalty,
but Gell did face an automatic life term if convicted. Prosecutors left
court without comment.

Asked whether he harbors hard feelings against the state, Gell replied,
"No comment. As you all know, there was some misconduct."

Jenkins' body was found on April 14, 1995, inside his home in Aulander.
Prosecutors built a case against Gell based on the testimony of two
teenagers, Crystal Morris and Shanna Hall, Gell's former girlfriend, who
testified that they saw Gell pull the trigger and kill Jenkins during a
robbery on April 3, 1995.

But prosecutors in Gell's original trial withheld from defense lawyers a
secretly taped phone call in which Morris, who was then 15 years old, did
not answer when her boyfriend asked her twice whether Gell killed Jenkins.
She also told her boyfriend she had to "make up a story" about Jenkins'
death.

Also withheld by prosecutors were statements from more than a dozen
witnesses who said they saw Jenkins alive after April 3. Gell was either
out of state or in jail on a car-theft charge from April 4 until after
Jenkins' body was found April 14.

During the retrial, three scientific experts testified that Jenkins' body
and the scene of his killing were not consistent with the prosecution's
argument that he was killed 11 days prior.

"We finally got the truth," said Gell's stepfather, Joel Johnson. "It was
a hard fight. You can't win a fight when the other side makes up the
evidence."

Investigators found no physical evidence such as hair, blood, fingerprints
or fibers linking Gell to Jenkins' death. Police found the shotgun and
other items in July 1995 after Morris and Hall told them where they had
been hidden.

Both Hall and Morris reached plea bargains with prosecutors in which they
promised to testify truthfully in return for being allowed to plead guilty
to second-degree murder and receive sentences of nearly 10 years in prison.

Gell's acquittal came less than two weeks after Darryl Hunt was cleared of
all charges in a 1984 rape and killing in Winston-Salem. Hunt, who was
found guilty of the murder of Deborah Sykes at two jury trials, was freed
in December after a DNA test pinned the crime on another man, who has
since confessed.

On that same day, Feb. 6, the state Supreme Court overturned two death
sentences, ordering a new trial in one case and a new sentencing in the
other.

The state Senate approved a death penalty moratorium bill last year, but
the bill was never taken up by the state House.

---

Source : Associated Presss
Reply With Quote
Sponsored Links
  #2  
Old 02-18-2004, 09:11 PM
deb's Avatar
deb deb is offline
Yooper Mod on Leave
Donation Award 
 

Join Date: Aug 2002
Location: USA
Posts: 22,802
Thanks: 267
Thanked 799 Times in 248 Posts
Default

Great news....

Deb
__________________


September 10th 2009
Reply With Quote
  #3  
Old 02-18-2004, 09:12 PM
Phil in Paris Phil in Paris is offline
Frenchy Member
 

Join Date: Sep 2002
Location: .
Posts: 20,324
Thanks: 0
Thanked 66 Times in 34 Posts
Default

Just another good reason to be anti DP !!!

I hope the prosecutors will be prosecuted, even though this will never give him back 10 years of his life !!

Phil
Reply With Quote
  #4  
Old 02-18-2004, 11:36 PM
Kyla's Avatar
Kyla Kyla is offline
Registered
 

Join Date: Oct 2003
Location: QLD,Australia
Posts: 5,424
Thanks: 0
Thanked 16 Times in 13 Posts
Default

This is great news, softie, whats this rumour about a moretorium in NC? They certainly need to relook into some of these cases.
__________________

"It takes a minute to find a special person, an hour to appreciate them,
a day to love them and a lifetime to forget them."
Reply With Quote
  #5  
Old 02-19-2004, 12:14 AM
softheart softheart is offline
Register
Donation Award 
 

Join Date: Aug 2002
Location: Washington State
Posts: 10,791
Thanks: 30
Thanked 193 Times in 75 Posts
Default

Kyla The bussle says NC is holding steady to not have one. If enough of the people kick their heels up the lawmakers will have to take another look. My personal opinion is NC may be next to call a moretorium, they got a lot of public presser there to do so. We will see with the next session.

softie
Reply With Quote
  #6  
Old 02-19-2004, 12:21 AM
softheart softheart is offline
Register
Donation Award 
 

Join Date: Aug 2002
Location: Washington State
Posts: 10,791
Thanks: 30
Thanked 193 Times in 75 Posts
Default

We need to get the DP back on the ballots in these States.
I have a meeting next week with the Senate head of corrections here. LOL....I use to play softball with him when he was a Congressman and use to laugh and call him Senator, he always said no way not me. Well I just found out he is head of corections here.

That is what we need to do get with the lawmakers, change their minds give them facts. Not just tell them we don't want it, we have to give them reasons why and real facts. An Election year is a perfect year to do that.

Off my soap box now.....
softie
Reply With Quote
  #7  
Old 02-19-2004, 01:15 AM
Kyla's Avatar
Kyla Kyla is offline
Registered
 

Join Date: Oct 2003
Location: QLD,Australia
Posts: 5,424
Thanks: 0
Thanked 16 Times in 13 Posts
Default

Softie, no stay on the soap box, and make sure you post us how everything went.
Its people like you that make a huge difference in this nightmare.
__________________

"It takes a minute to find a special person, an hour to appreciate them,
a day to love them and a lifetime to forget them."
Reply With Quote
  #8  
Old 02-19-2004, 12:17 PM
Slainte's Avatar
Slainte Slainte is offline
Green Monster Admin
Donation Award 
 

Join Date: Aug 2003
Location: Red Sox Nation
Posts: 6,376
Thanks: 9
Thanked 103 Times in 30 Posts
Default

I read about this in the paper today. Out of curiousity... will charges be brought against the prosecutors for withholding evidence or is that not typical? I just feel that they should be punished for their wrongdoing.
__________________
"How wonderful it is that nobody need wait a single moment before starting to improve the world."
– Anne Frank
Reply With Quote
  #9  
Old 02-19-2004, 03:31 PM
softheart softheart is offline
Register
Donation Award 
 

Join Date: Aug 2002
Location: Washington State
Posts: 10,791
Thanks: 30
Thanked 193 Times in 75 Posts
Default

Jess I only wish that was true, maybe if it was these prosecutors would think twice about what they do. But they are not held accountable for their actions.

Maybe if they were there wouldn't be cases like this or cases like Nicky's.
But when you don't have to answer for your actions and are allowed to run amok, you do what ever.

softie
Reply With Quote
  #10  
Old 02-19-2004, 10:05 PM
Slainte's Avatar
Slainte Slainte is offline
Green Monster Admin
Donation Award 
 

Join Date: Aug 2003
Location: Red Sox Nation
Posts: 6,376
Thanks: 9
Thanked 103 Times in 30 Posts
Default

That is just soooooo wrong... if I were to "withhold evidence" I'd get busted for getting in the way of justice, but if prosecutors withhold evidence, they get to go on their merry way?!?!?! Grrrrrrr.... the more I learn about this country's system, the less I like it. This whole experience has certainly been a wake up call for me in some aspects...
__________________
"How wonderful it is that nobody need wait a single moment before starting to improve the world."
– Anne Frank
Reply With Quote
  #11  
Old 02-20-2004, 10:47 AM
susan the finn's Avatar
susan the finn susan the finn is offline
yeah...having snow
 

Join Date: Jun 2003
Location: kokkola, Finland
Posts: 2,089
Thanks: 0
Thanked 2 Times in 1 Post
Default

Oh what a great news!! I hope this helps all DR inmates in NC!!

Susan
__________________




Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
CNN Death Penalty on Trial (long) Kyla Death Row & Capital Punishment Discussions 7 12-27-2004 02:42 PM
Work Release, Merit Time Sam's girl New York Parole, Probation & Release 9 12-11-2004 04:53 PM
More murderers go to death row in Keystone State than Garden State, Texas. softheart Death Row & Capital Punishment Discussions 1 04-19-2004 01:26 PM
Study criticizes Lawyers in Texas Death Row Cases Joy Death Row & Capital Punishment Discussions 2 12-08-2002 12:49 PM


All times are GMT -6. The time now is 10:45 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics