Thursday, December 02, 2004

Charles Walker's execution stayed.

Charles Walker's execution date was stayed on December 2nd, 2004.

http://www.doc.state.nc.us/dop/deathpenalty/walker_chronology.htm
http://www.newsobserver.com/news/story/1895086p-8230821c.html



Walker has at least two convictions in his record, one for the first-degree murder and another for conspiracy to commit murder of Elmon Tito Davidson, Jr. He was in disciplinary segregation (10/16/2004) at Central Prison in Raleigh.

http://webapps6.doc.state.nc.us/apps/offender/offend1?DOCNUM=0420511&SENTENCEINFO=yes&SHOWPHOTO=yes&numtimesin=2


On 12 August 1992, Walker, Sabrina Wilson, Antonio Wrenn, Pamela Haizlip, Rashar Darden, and Jesse (Jay) Thompson were at Nicki Summers' apartment, directly across from Haizlip's apartment. Summers and Wilson told Walker and Haizlip that Davidson attempted to take money and drugs from Haizlip's apartment the preceding night. Walker told Haizlip to lure Davidson into her apartment and keep him there. Thereafter, Walker, Darden, and Thompson entered Haizlip's apartment through the back door and found Davidson sitting on the couch. As they entered, Walker said that they were going to kill Davidson. Walker and Darden were armed with pistols, and Walker told Haizlip to leave.

Walker and Darden then pulled their guns, pointed them at Davidson, and made him sit down on the floor. Thompson tied Davidson's hands with duct tape and radio wire. Walker talked to Davidson; then Davidson's mouth was taped, and his feet were tied with rope or string. Walker hit Davidson on his kneecaps at least three times with a hammer. Davidson's hands came loose and were then secured by handcuffs. Walker gave a .380-caliber pistol to Thompson and left the apartment. Davidson was laid on the floor. Thompson cut Davidson's throat three times and then shot him through a pillow in the little finger and in the arm. Darden also shot Davidson several times with a .22-caliber pistol. Afterwards, Darden left and talked with Walker at Summers' apartment. Darden told Walker, "He ain't dying." Walker then reentered Haizlip's apartment, took the gun from Thompson, and shot Davidson in the neck. After the shooting and when Davidson ceased to move, Walker left the apartment.

North Carolina Supreme Court Opinion
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=nc&vol=1996%5Csupreme0510%5C&invol=walker

Fourth Circuit Court Opinion
http://pacer.ca4.uscourts.gov/opinion.pdf/0311.U.pdf

Walker’s infraction record during his incarceration includes at least 94 infractions, which include:

FIGHT INVOLVING WEAPONS, SUBSTANCE POSSESSION, INVOLVEMENT W/GANG OR STG, ATTEMPT CLASS A OFFENSE, WEAPON POSSESSION, PROVOKE ASSAULT, HIGH RISK ACT, DAMAGE STATE/ANOTHERS PROPERTY, UNWANTED COMMUNICATE W/VICTIMS, ATTEMPT CLASS B OFFENSE, MISUSE MEDICINE, PROFANE LANGUAGE, DISOBEY ORDER, FIGHTING, OFFER/ACCEPT BRIBE ANOTHER, VERBAL THREAT, THEFT OF PROPERTY, BARTER/TRADE/LOAN MONEY, MISUSE/UNAUTH-USE PHONE/MAIL, THREATEN TO HARM/INJURE STAFF, ATTEMPT CLASS C OFFENSE, NO THREAT CONTRABAND, ILLEGAL CLOTHING, PROPERTY TAMPERING, UNAUTHORIZED FUNDS, and ATTEMPT CLASS D OFFENSE.

http://webapps6.doc.state.nc.us/apps/offender/raw1?DOCNUM=0420511&INMV9CF1=on&SEARCH=Search

Currently his attorneys claim that no physical evidence links Walker to the 1992 murder and that no body, blood or forensic evidence links their client to a crime. They also attack the credibility of witnesses who testified against him.

WRALTV: Attorneys: No Evidence To Link Client To Murder, http://www.wral.com/news/3939581/detail.html Viewed on the Internet November 22nd, 2004

Raleigh News and Observer, Former justices urge mercy, Andrea Weigl, November 24th, 2004.

http://newsobserver.com/news/story/1858025p-8192406c.html

Former N.C. chief justice James G. Exum Jr. and former justice J. Phil Carlton have asked Easley to grant a life sentence for Walker based on his history of paranoid schizophrenia..
Exum's letter said that Walker's mental illness made him unable to fully understand the consequences of rejecting a plea bargain.

In a letter to The News & Observer in 2003, Walker proclaimed his innocence and volunteered to take a lie-detector test, which his lawyer, Megerian said hasn't occurred. Walker has consistently denied any involvement in the crime.

Carlton and Exum both favor a moratorium on executions.

Walker qualified for the death penalty on two factors: his prior conviction for attempted murder and the violence of the killing. Davidson was shot, beaten and had his throat slit with a Ginzu knife. The jury further determined that Walker did not personally commit the killing, though it was convinced that he had prompted it.

In issuing the stay, Guilford County Superior Court Judge John Craig found the case unusual and wrote that "a fundamental miscarriage of justice would result from the court's failure to consider these claims." Prosecutors and defense lawyers are crafting further arguments on issues related to the reliabitity of witness testimony and Walker's role in the cruelty of the murder which will be explored in more detail next year.