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Thread: Robert Bryant Melson - Alabama Execution - June 8, 2017

  1. #11
    Administrator Heidi's Avatar
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    20 years after Gadsden triple homicide, survivor hopes memories don't fade

    It's been 20 years since three people were murdered in an East Gadsden restaurant, but Jimmie Flanagan can't bring himself to go there for a meal.

    "I'm in Gadsden quite a lot," he said. "There's not a time that I pass that place that I don't think about it. But I have such vivid memories of that night."

    Bryant Archer was there when Flanagan and other police arrived. He was clinging to life after being wounded five times during a robbery. After two decades, he says the facts of what happened have largely been forgotten.

    "Some people, over time, have lost the story," he said. "Some people think everybody died. And the story of the people who did die hasn't really been told."

    On April 15, 1994, Flanagan was a member of the Gadsden Police Department, just a few months from retirement, when he was called to Popeye's on East Meighan Boulevard. The call was a robbery with shots fired. When police arrived, they found one employee, Archer, bleeding in the office. In the freezer were his three coworkers, all dead.

    The four had been shot during a robbery around midnight. Cuhuatemoc Peraita, who had been working at Popeye's for only a few weeks, came to the restaurant with another man, Robert Bryant Melson. The two herded the four employees – Archer, then 17, Nathaniel Baker, 17, Darrell Collier, 23, the manager, and Tamika Collins, 18, the assistant manager – into the freezer. After a moment, the two opened the freezer and one began firing.

    Once they left, Archer climbed out of the freezer and reached for the phone in the office, calling for the police.

    Flanagan at that time was captain of the patrol division. He is now the chief of police for the Alabama Port Authority.

    "Right from the start, you could tell how serious this was," he said. "At the time, my son was working in fast food. It was something you tried not to think about."

    One of his most vivid memories of that night was Archer, who calmly told police what had happened. When he identified Peraita by his haircut, police were able to track down his address using the paycheck he hadn't picked up from the office. He and Melson were arrested within an hour.

    Peraita admitting to the robbery but told police Melson did the shooting. Police recovered about $2,000 in cash stolen and a .45 pistol used in the robbery which had been thrown in the Coosa River.

    But police were still at the scene of the restaurant hours later, collecting evidence.

    "I'll always remember the families outside the restaurant, gathered and waiting," Flanagan said. "It took a long time to process the scene, and they were very anxious."

    A horrific robbery in a small town with a significant death toll attracted the attention of news agencies across the globe. Flanagan filled in as public information officer that weekend, and found himself answering calls from reporters in Europe and elsewhere.

    For Archer, though, the story was just beginning. It was days before he learned he was the only survivor, and he began receiving death threats while still hospitalized. For the next few months, it was not uncommon to have a police officer sitting with his family for meals, he said.

    The years since have been hard as well. Archer is 38, but he suffers from frequent muscle and joint pain due to his wounds, along with nervous disorders. He has been diagnosed with post-traumatic stress disorder, which is the reason he says he finds it hard to associate with anyone.

    "I'd rather stay around my family and keep to myself," he said. "It's easier to deal with things. At night, I have a hard time going places since I got shot at night. By 7 or 8 o'clock I'm usually at home. I don't carry a lot of cash."

    Archer hasn't held a full-time job since 2006, mostly because potential employers are hesitant to take on someone in his medical condition for liability reasons. He is married and the father of two teenage children. He has some contact with the families of those who died at Popeye's, but he worries that his coworkers aren't remembered.

    Baker, for instance, was a classmate of his at Gadsden High, who Archer remembers as a jokester. The occasional joshing between Baker and Archer resulted in both being kicked out of an English class. Occasionally, one would fill in for the other during shifts at Popeye's.

    He said Collins was a level-headed person intent on doing the best job possible. "She would make sure we did what we were supposed to," he said. "She was in college and trying to figure out what she wanted to do in life."

    That April night was the first night he had worked with Collier, who was a new father.

    "I can't change what happened," Archer said. "I don't even consider myself a victim. They were young. They had a promising life just like I did."

    What seems hard to believe, Archer said, is that 20 years later, both Melson and Peraita are still on death row. At the end of Melson's April 1996 trial, jurors convicted him of capital murder and recommended the death penalty. That May, a judge sentenced Melson to death. Over the years, Melson has filed numerous appeals through state and federal court.

    In February 1996, Peraita was convicted and sentenced to life without parole. He has since been moved to Alabama's death row after he was convicted of killing a fellow inmate while serving his life sentence.

    "They want to live longer, but they didn't really give any of the people who died a chance to live," Archer said.

    Last year, Archer told the story of that night in the restaurant to a group of residents in Etowah County as part of "Run, Hide, Fight" training for active shooter situations. He had hoped more people would be there to hear, since the news often is occupied with reports of a shooting somewhere. Though time has passed, he fears people will lose touch with the memory of April 1994.

    "Twenty years ago, this city was different," he says. "The buildings are the same, but the heart is different."

    Flanagan said he is friends with Archer through social media, but has never asked him about that evening. "I wouldn't want to bring it up," he said. "I know it's been hard for him."

    http://www.al.com/news/anniston-gads...en_triple.html
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  2. #12
    Senior Member CnCP Legend Mike's Avatar
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    Alabama AG seeks execution dates for 3 death row inmates

    The Alabama Attorney General's Office has asked the Alabama Supreme Court to set execution dates for three death row inmates in murder cases from Madison, Etowah and Mobile counties.

    The three inmates that have pending execution motions are Vernon Madison, Robert Bryant Melson, and Ronald Bert Smith, according to the Attorney General's Office. All three inmates are currently on the death row at Holman Correctional Facility in Atmore.

    As of Thursday the Alabama Supreme Court had not set dates for the executions.

    The requests by the Attorney General's Office come about a month after the state executed by lethal injection death row inmate Christopher Eugene Brooks – the state's first execution in more than two years.

    Brooks was among a group of inmates who had challenged Alabama's new lethal injection drug cocktail, which the state says it had to turn to after pharmaceutical companies refused to have their drugs used in executions. Brooks' attorneys and other inmates have claimed the first drug in the cocktail – midazolam - does not put the condemned inmate in deep enough sleep to prevent pain when the other two drugs are administered.

    The Alabama Department of Corrections reported no problems with the execution.

    A judge had ruled that Brooks was too late in filing his challenge to the drug protocol. A hearing is set next month for the remaining inmates on that issue.

    The three inmates for which the Attorney General's Office is seeking execution dates are not a part of that midazolam litigation.

    Vernon Madison

    Madison, who has been on death row since Nov. 12, 1985, was convicted in September 1985 and sentenced to death in Mobile County in the April 18, 1985 slaying of police Officer Julius Schulte, who was responding to a domestic disturbance call. Madison was on parole at the time.

    Madison had three trials, the last one in 1994. State appellate courts twice had sent the case back to Mobile County, once for a violation based on race-based jury selection and once based on improper testimony for an expert witness for the prosecution. He is one of Alabama's longest-serving death row inmates.

    Robert Bryant Melson

    Melson, who has been on death row since May 16, 1996, was convicted in Etowah County, along with another man, Cuhuatemoc Peraita, in the shooting deaths of Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, during the April 1994 robbery at a Popeye's Chicken & Biscuits restaurant in Gadsden.

    The lone survivor, Bryant Archer, was shot four times. Archer identified Melson as the one who fired the shots. Prosecutors said Peraita planned the crime.

    Peraita was sentenced to life in prison but joined Melson on Death Row in 2001 after he was convicted of taking part in the 1999 stabbing death of fellow Holman Prison inmate Quincy Lewis.

    Ronald Bert Smith

    Smith, who has been on death row since Oct. 6, 1995, was convicted in Madison County in the November 1994 slaying of Circle C convenience store clerk Casey Wilson during a robbery. A judge overrode a jury recommendation for life without parole and imposed the death penalty.

    Smith and two others were charged with capital murder in the killing.

    One of Smith's co-defendants, Jay Allen Zuercher, was sentenced to life in prison with parole possible in 10 years. The other, Chad Roundtree, accepted a reduced charge in exchange for his testimony. He pleaded guilty to felony murder and was sentenced to 20 years with parole possible in less than 10.

    John Palombi, Assistant Federal Defender for the Middle District of Alabama, represents Melson and Smith. "We have received the motions to set execution dates and will be responding to them. We believe that these motions are premature in light of the questionable constitutionality of Alabama's death sentencing scheme," he said.

    that capital murder cases of four men she presides over. The ruling only affects her court, unless it were upheld by appellate courts.

    Alabama Attorney General Luther Strange vowed to appeal and have Todd's ruling reversed.

    The attorney for Madison had not responded to a request for comment prior to publication of this story.

    http://www.al.com/news/birmingham/in...ution_dat.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #13
    Senior Member CnCP Legend Mike's Avatar
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    3rd time is the charm

    Alabama Attorney General seeks execution date for Gadsden fast food restaurant killer

    The Alabama Attorney General's Office has asked the Alabama Supreme Court to set an execution date for death row inmate Robert Bryant Melson for the 1994 shooting deaths of three people during a fast food restaurant robbery in Gadsden.

    The request to the Supreme Court came from the Attorney General's office a few days ago, one court official said. The court has not set an execution date.

    If or when the Alabama Supreme Court sets an execution date for Melson it will be the third time one has been set. Two previous execution dates have been set but then delayed by appeals.

    http://www.al.com/news/birmingham/in...ral_seeks.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #14
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    Kudos to Alabama for keeping up the push to carry out justice. It looks like the outcry over Smith's execution has blown over so there's little doubt the state Supreme Court will act. If this is carried out, they better not mess up again or they'll be sidelined.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  5. #15
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    Inmate's lawyers argue last execution went 'horribly wrong'

    MONTGOMERY, Ala. — Lawyers for a condemned Alabama inmate are pointing to problems with the state's last lethal injection as they urge the state to hold off on setting his execution date.

    In a filing with the Alabama Supreme Court, attorneys for inmate Robert Melson argued that the state's last execution went "horribly wrong" after the inmate coughed for the first 13 minutes of the procedure and appeared to move after a consciousness check.

    Melson's lawyers say questions remain about the constitutionality of the state's lethal injection process.

    Corrections Commissioner Jeff Dunn said in December that there was no evidence that the execution went awry.

    Melson was convicted of killing three employees during a 1995 robbery of a Popeye's restaurant in Gadsden. The attorney general's office is seeking an execution date for Melson.

    http://m.startribune.com/inmate-s-la...ong/413967633/
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  6. #16
    Senior Member Frequent Poster Alfred's Avatar
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    Alabama Says Execution Was Not Botched

    MONTGOMERY, Ala. (AP) — Alabama officials say claims that a December lethal injection was badly botched are "highly exaggerated and incorrect."

    Lawyers with the Alabama attorney general's office in a court filing last week urged the Alabama Supreme Court to set an execution date for Robert Melson. Melson was convicted of killing three fast food employees during a 1995 robbery of a Popeye's restaurant in Gadsden.

    State lawyers disputed Melson's contention that there were problems with the state's last execution. The state said "unsubstantiated media reports" were not a reason to delay the execution.

    Melson's lawyers cited witness reports that inmate Ronald Bert Smith coughed and heaved his chest repeatedly for the first 13 minutes of a lethal injection and moved after a consciousness test.

    https://www.usnews.com/news/best-sta...as-not-botched

  7. #17
    Administrator Aaron's Avatar
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    Tommy Arthur's 8th execution date set; one set for Death Row inmate Robert Melson too

    The Alabama Supreme Court has set execution dates two weeks apart for convicted killers Tommy Arthur and Robert Melson.

    For Arthur, May 25 will be his eighth date with an executioner at Holman Correctional Facility in Atmore. Melson is to be executed June 8, according to another Alabama Supreme Court order.

    The orders were issued Tuesday but were served on the inmates Wednesday.

    Arthur's previous seven execution dates have been stayed by appeals courts. His last execution was delayed throughout the night of Nov. 3 - past the appointed hour - by the U.S. Supreme Court before justices finally stayed it to consider whether they would review two appeals by Arthur.

    Arthur, 75, was asked about his eighth execution being set by an AL.com reporter on Wednesday. "It's absurd. There shouldn't have been a first one," he said.

    Arthur was sentenced to death for the 1982 murder-for-hire shooting death of Troy Wicker. Juries at three trials convicted Arthur on charges that Wicker's wife hired him to kill Wicker. Arthur had a romantic relationship with Wicker's wife, according to testimony at his trial.

    Arthur denies he is guilty.

    Melson

    Melson, who has been on death row since May 16, 1996, was convicted in Etowah County, along with another man, Cuhuatemoc Peraita, in the shooting deaths of Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, during the April 1994 robbery at a Popeye's Chicken & Biscuits restaurant in Gadsden.

    The lone survivor, Bryant Archer, was shot four times. Archer identified Melson as the one who fired the shots. Prosecutors said Peraita planned the crime.

    Peraita was sentenced to life in prison but joined Melson on Death Row in 2001 after he was convicted of taking part in the 1999 stabbing death of fellow Holman Prison inmate Quincy Lewis.

    Seven of the eight justices concurred in setting an execution date for Melson. Justice Tom Parker recused himself from voting on that order.

    The Alabama Attorney General's Office in February had asked the Alabama Supreme Court to set a new execution date after Arthur lost the two appeals before the U.S. Supreme Court. The Attorney General made the request the day after Arthur had lost the second appeal.

    The Attorney General's Office also asked the Alabama Supreme Court to expedite the request for a new execution date and consider putting it ahead of an earlier request to set an execution date for Melson.

    "For thirty-four years, since his February 1983 conviction of the capital murder of Troy Wicker, Arthur has engaged in nearly constant litigation in every state and federal court available to him, and he has thoroughly exhausted his appeals at every level," the Attorney General stated in its motion. "Arthur has successfully manipulated the state and federal courts with meritless litigation to avoid his execution date seven times."

    Six justices agreed to set the execution date, Justice Glenn Murdock dissented, and Justice Kelli Wise recused herself from the vote.

    Justice Michael Bolin issued a special opinion favoring the setting of another execution date for Arthur.

    Bolin stated that Arthur was convicted of second-degree murder in 1977 for killing the sister of his common-law wife by shooting her in the right eye. Then while out on work release from that crime, Arthur killed his girlfriend's husband, Wicker, also by shooting him in the right eye.

    Bolin noted Arthur's unsuccessful legal challenges to Alabama's lethal injection law since 2007.

    "The citizens of the State of Alabama, through their elected representatives, long ago stated their policy, both definite and clear, that certain acts committed by individuals disqualified them from continuing their lives in a civilized society and that the ultimate price must be paid for the commission of those acts," Bolin wrote.

    Bolin also stated that Arthur has continued to use the courts "as pawns challenging the manner of his execution."

    "I recognize that it is not the mandate of this Court, nor is it even possible for this Court, to bring 'closure,' as that term is commonly used, to Troy Wicker's family and friends at this late date," Bolin wrote. "However, this Court, and the American criminal justice system, can bring "legal" closure and finality when Arthur has had the full benefit of the protections of the United States Constitution and the Alabama Constitution."

    "May God have mercy on both Thomas Douglas Arthur and those from whom the victim, Troy Wicker, was so brutally taken," Bolin wrote.

    Two executions in two weeks isn't a record and no where near the 8 planned by Arkansas this month. Arkansas hasn't had an execution since 2005. But the state recently announced it had a new supply of a lethal injection drug that expired earlier this year, clearing the way for four double executions.

    Alabama had two executions in 2016.

    http://www.al.com/news/birmingham/in...cution_da.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  8. #18
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    Click image for larger version. 

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    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #19
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    Death row inmate set to die in June challenges midazolam ruling

    An Alabama Death Row inmate has asked a federal appeals court to block his execution for the slayings of three people 23 years ago.

    Robert Melson, 45, is set to die by lethal injection on June 8. His attorney, John Palombi with the Federal Defenders for the Middle District of Alabama, filed a motion last week in the 11th District Court of Appeals asking for the execution to be stayed until a judge can review and rule on Melson's appeal.

    A lower court previously dismissed Melson's challenge to Alabama's three-drug lethal injection method of execution because the motion was filed past the deadline, court records show. His appeal to the 11th Circuit states that the court should conduct a hearing on Melson's method of execution challenge, and delay the execution until those issues are resolved.

    Melson was convicted in Etowah County for fatally shooting three people, and injuring another, at a Gadsden Popeye's Chicken & Biscuits restaurant in April 1994. He has been on death row since May 1996.

    Another man, Cuhuatemoc Peraita, was also convicted in the crime. Peraita was originally sentenced to life in prison but was moved to Alabama's Death Row after his conviction for his role in stabbing another inmate to death in 2001.

    Employees Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, were killed in the shooting. Bryant Archer was the only survivor and identified Melson as the shooter. Prosecutors said Peraita planned the crime.

    Melson's previous two appeals were denied. He has exhausted his direct appeal, state postconviction remedies, and federal habeas remedies, the Alabama Attorney General's Office previously stated.

    Court documents filed in Melson's case argue the switch to midazolam from pentobarbital has caused a "method of execution that has failed to work properly in four states, including Alabama."

    The documents state the district court that denied Melson's case on the midazolam switch must hold a trial on the issues raised in his motion. It continues, "Mr. Melson's execution should be stayed pending the resolution of his and the other challenge to Alabama's method of execution."

    The filing seeking a halt to the execution states a list of reasons why the stay should be granted: Melson meets the standard for being granted a stay, would likely be successful on appeal, his motion should not have been dismissed in the lower courts, Melson is not required to suggest a three-drug alternative method of execution, and he will suffer "irreparable harm" if a stay is not granted.

    The ducument also states Melson's attorneys should be able to use either cell phones or landline phones during the time of his execution, should something go wrong. According to court documents, prohibiting phones in the prison and witness rooms violates Melson's "right to access to the courts."

    Former Death Row inmate Tommy Arthur raised similar claims about phones and method of execution in his appeals, but courts - including the U.S. Supreme Court - denied his motions. He was executed on May 25.

    The Attorney General's Office stated in its Jan. 18 motion to the Alabama Supreme Court, "Melson committed his horrific crime many years ago, and his conventional appeals have been completed for several years."

    The office declined to comment on the newest motion.

    http://www.al.com/news/birmingham/in...to_die_in.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #20
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    Alabama Attorney General responds to death row inmate's request for stay of execution

    The Alabama Attorney General's Office filed a response yesterday to a death row inmate's request for a stay from execution.

    The AG's Office filed their response Wednesday with the U.S. 11th Circuit Court of Appeals, days after Robert Melson's attorneys asked that same court to stay Melson's execution until an appeal can be heard.

    "Melson's motion for a stay of execution pending his appeal is due to be denied. ... The claims that give rise to his appeal are virtually identical to the claims raised by co-plaintiffs Ronald Bert Smith and Christopher Eugene Brooks and rejected by this Court. Melson's claims do not lead this Court to a different result. As such, he cannot satisfy his burden of demonstrating that he has a substantial likelihood of success on the merits of his claims," the AG's filing states, referring to two other death row inmates who were executed.

    The document was filed by Alabama Attorney General Steve Marshall and Alabama Solicitor General Andrew Brasher.

    The document states Melson's claims are meritless and says he does not have a likelihood of success upon appeal. Therefore, the AG's Office is asking the appellate court to deny Melson's stay.

    Melson's attorney, John Palombi with the Federal Defenders for the Middle District of Alabama filed a motion last week in the 11th District Court of Appeals asking for the execution to be stayed until a judge can review and rule on Melson's appeal regarding his challenge to Alabama's three-drug lethal injection method of execution. A lower court denied Melson's motion because it was filed past the deadline, records show.

    The AG's response filed Wednesday states Melson cannot establish any alternative to the state's three-injection execution method. It stated, "Finally, Melson cannot establish any of the other requirements for a stay of execution because he unreasonably delayed in seeking a stay and because the State and the victims in this case have a strong interest in carrying out Melson's sentence."

    Melson was convicted in Etowah County for fatally shooting three people, and injuring another, at a Gadsden restaurant in April 1994. Employees Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, were killed in the shooting. Bryant Archer was the only survivor and identified Melson as the shooter, while prosecutors said another man planned the crime.

    The filing from Palombi seeking a halt to the execution stated a list of reasons why the stay should be granted, claiming Melson meets the standard for being granted a stay, would likely be successful on appeal, and that he is not required to suggest a three-drug alternative method of execution.

    The response filed by the AG stated, "Melson has been on death row for over twenty-one years for a crime he committed in 1994. His crime was particularly heinous, his conviction is valid, and a competent state court with jurisdiction over his case properly set his execution date according to Alabama law. At a minimum, this Court should strongly consider Alabama's interest in enforcing its criminal judgment in weighing the equities against the grant of a stay."

    http://www.al.com/news/birmingham/in...ral_respo.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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