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Thread: Brandon Michael Council - Federal Death Row

  1. #11
    Administrator Helen's Avatar
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    Deadly Conway bank robbery case set for speedy trial

    By Emily Weaver
    The Myrtle Beach Sun News

    The alleged shooter in a deadly Conway bank heist could go to trial in January — less than five months after two women were killed in the robbery, according to a new scheduling order set by the federal court in Florence.

    When asked why the case seems to be moving fast in the courts, Assistant U.S. Attorney Lance Crick said, “The government cannot comment on ongoing investigations.”

    Thirty-two-year-old Brandon Michael Council, of Wilson, North Carolina, was indicted in September on federal charges of armed robbery resulting in death, using a firearm in a violent crime that resulted in murder and being a felon in possession of a firearm.

    Council is accused of shooting and killing Kathryn “Katie” Davis Skeen and Donna Major while robbing the 16th Avenue CresCom Bank in Conway on Aug. 21.

    Skeen and Major were working at the bank during the robbery.

    Two of Council’s federal charges carry the possible weight of capital punishment, but prosecutors have not announced whether or not they will seek it.

    Motions in the case are due Monday with a pretrial conference set for Jan. 8, according to the order. Pleas will be taken on Jan. 9 and jury selection for the trial is scheduled to begin on the morning of Jan. 11, the order states.

    In Horry County, Council also faces two counts of murder for the deaths of Major and Skeen and one count each of armed robbery, entering a bank with intent to steal, possessing a weapon during a violent crime, unlawfully possessing a pistol and grand larceny.

    http://www.myrtlebeachonline.com/new...189593629.html
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  2. #12
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Court date postponed for suspect in Conway bank killings; Feds still deciding whether to seek death penalty

    By Charles D. Perry
    Myhorrynews.com

    A federal judge on Monday postponed a court date for Brandon Council, the man accused of killing two women at a Conway bank in August, because prosecutors and defense attorneys asked for more time to prepare for what could be a death penalty case, according to court records.

    Council, a 32-year-old from Wilson, North Carolina, is charged with armed bank robbery resulting in death, use of a firearm in furtherance of a crime of violence resulting in death, and being a felon in possession of a firearm. If convicted of the first two charges, he could face a death sentence or life in prison without the possibility of parole.

    Although Council’s case had been scheduled for a pretrial conference on Monday morning, the public defender and an assistant U.S. attorney filed a motion on Friday asking for more time to prepare for the case.

    “The Department of Justice is in the process of determining if it will authorize the death penalty in this case,” the motion stated. “Attorneys for Mr. Council are investigating the facts and circumstances of the case. In cases where capital eligible offenses are charged, such as this, it is common for courts to grant continuances so that the parties may discharge their respective obligations.”

    Council also waived his right to a speedy trial, court records show.

    Judge Bryan Harwell agreed to postpone the case until the next term of court, according to an order filed Monday.

    Council is accused of gunning down Donna Major of Conway and Katie Skeen of Green Sea during a robbery of the CresCom Bank in Conway on Aug. 21 . He was apprehended in Greenville, North Carolina, after a two-day manhunt.

    He was also named as a suspect in a strong-arm robbery of a bank in Wilson, North Carolina, just weeks prior.

    When interviewed by investigators, Council confessed to the Conway robbery and the murders, according to federal court records.

    Council was indicted on the federal charges in September.

    In addition to the federal charges, Council faces state charges of two counts of murder, armed robbery, entering a bank with intent to steal, possession of a weapon during a violent crime, unlawful possession of a pistol by an unlawful person and grand larceny.

    https://www.myhorrynews.com/news/cri...c999e8e17.html

  3. #13
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Prosecutors will seek death penalty against man accused of killing two Conway bank employees

    By Brad Dickerson
    WMBF

    FLORENCE, SC – Federal prosecutors announced they will seek the death penalty against the man accused of shooting and killing two employees during a Conway bank robbery last August.

    A notice of intent to seek the death penalty against Brandon Council was filed Wednesday in the U.S. District Court in Florence. He faces two counts of murder in connection with the Aug. 21, 2017 CresCom Bank robbery.

    Council is accused of killing Donna Major, 59, of Conway, and Kathryn "Katie" Skeen, 36, of Green Sea.

    In its notice of intent, prosecutors note the defendant, “displayed particular cruelty and callous disregard for human life by shooting both victims, who were unknown to him, multiple times at close range without warning and without provocation or resistance from the victims, in spite of the fact that such violence was not necessary to successfully complete the robbery of the CresCom bank.”

    Prosecutors also referenced that Council previously robbed a Food Lion store in Wilson, N.C., on Aug. 10, 2017, and a BB&T bank in the same town the next day, according to court documents.

    In an affidavit written by a special agent with the FBI, Council confessed to the CresCom Bank robbery in Conway and told agents that, "he was desperate, he needed money and that he knew that he was going to hurt somebody that day."

    According to the federal court docket, jury selection in Council’s case is set for April 19. That date is subject to change.

    http://www.wmbfnews.com/story/377791...bank-employees
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  4. #14
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    "Exactly what we had hoped would happen," what's next for the case of alleged bank robber

    By Abbey O'Brien
    WBTW - Myrtle Beach and Florence SC

    CONWAY, SC (WBWT) - We're asking what's next for the case of an alleged bank robber after federal prosecutors announced they'll seek the death penalty against Brandon Council.

    Court documents show Council admitted to robbing the CresCom Bank in Conway last August and killing two women, Donna Major and Katie Skeen, who worked there. He was charged with two counts of murder, among other federal and state charges.

    "This is exactly what we had hoped would happen," said Fifteenth Circuit Solicitor, Jimmy Richardson.

    News13's Abbey O'Brien asked Richardson how this could affect the timeline of the case.

    "The federal system is a lot faster than the state system simply because there's a lot fewer cases in the federal system," said Richardson.

    Court documents released on Wednesday show the federal prosecutors will seek the death penalty for several reasons including Council's "escalating pattern of criminal activity," the "targeting of innocent victims" and his "lack of remorse."

    Richardson said, "Every murder is not a death penalty case." However, in this case, documents also show Council confessed to the robbery and murders.

    Richardson said Council and his defense team will probably try to get the confession kicked out.

    "If it's not kicked out he'll have to explain it," added Richardson.

    He also explained what will happen when the jury has to decide on a verdict.

    "In death penalty cases, part one is :guilty or not guilty?" said Richardson. "Part two is: Is this guy the worst of the worst? Is this worthy of the ultimate penalty?"

    Local Chief Deputy Solicitor from the Fifteenth Circuit, Scott Hixson, will help prosecute the federal case in Florence, SC. Hixson is cross-trained to work in state and federal court.

    It is unclear when Council will be in court again.

    http://www.wbtw.com/news/grand-stran...ber/1067244512
    In the Shadow of Your Wings
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  5. #15
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Man offers plea deal in Conway double murder, bank robbery

    By Alex Lang
    The Myrtle Beach Sun News

    Brandon Council offered to plead guilty and serve life in prison without parole for charges related to a double murder and bank robbery at the Conway CresCom in August 2017.

    Council, of Wilson, North Carolina, was indicted in September 2017 for armed robbery resulting in death, using a firearm in a violent crime that resulted in murder and being a felon in possession of a firearm. Police say he shot Kathryn "Katie" Davis Skeen and Donna Major during a robbery at the CresCom Bank in Conway on Aug. 21.

    Last week, federal prosecutors filed their intent to seek the death penalty in the case.

    Council's defense attorneys stated in a court filing that Council "immediately" made the offer to plead guilty and serve life behind bars. Defense attorneys argued that Council is mindful of the victim's families concerns and it is why made the offer.

    The offer's details were included in a court document as the sides argued about whether to delay a hearing scheduled for later this week. A federal judge agreed to hold that hearing in early April.

    The filing does not state when the offer was presented and its current status.

    Jimmy Richardson, 15th Judicial District Solicitor, said the offer only applied to the federal case as Council also faces state charges. Richardson said they still plan to pursue the state case no matter what federal prosecutors decide.

    Richardson said he doubted federal officials would accept the offer.

    Calls to federal prosecutors in South Carolina as well as Council's defense attorneys were not returned in time for this report.

    In the filing seeking the death penalty, U.S. Attorneys noted there were aggravating factors as part of the crime.

    "Brandon Michael Council displayed particular cruelty and callous disregard for human life by shooting both victims, who were unknown to him, multiple times at close range without warning and without provocation or resistance from the in spite of the fact that such violence was not necessary to successfully complete the robbery of the CresCom bank," the filing read.

    http://www.myrtlebeachonline.com/new...206957284.html
    In the Shadow of Your Wings
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    May 3, 2018

    Will Conway bank robbery, homicide suspect undergo a mental evaluation?

    BY ALEX LANG
    myrtlebeachonline.com

    A judge will not force Brandon Council to undergo a mental evaluation as he awaits trial in connection to the double-murder, bank robbery at the Conway CresCom.

    That doesn’t mean Council’s attorneys can’t ask for a competency review in the coming weeks. They have until June 1 to submit a request, but have given few public statements to question Council’s mental state.

    A federal grand jury indicted Council in connection to the robbery and slaying of Kathryn "Katie" Davis Skeen and Donna Major at the Conway CresCom on Aug. 21. He was charged with armed robbery resulting in death, using a firearm in a violent crime that resulted in murder and being a felon in possession of a firearm.

    Both Major and Skeen were employees at the bank.

    Prosecutors said they planned to seek the death penalty in the case, which is set for trial in January 2019.

    In Federal Judge R. Bryan Harwell's recently issued order, he wrote that he did not "have reasonable cause … to doubt defendant's mental competency to stand trial."

    The decisions follows a hearing where he pressed Council’s lawyers and government prosecutors on the topic. Harwell has said he didn’t want competency to become a last-minute issue.

    The judge stated in his order that Council has not shown any unusual behavior during hearings and his attorneys have not suggested Council is incompetent to stand trial.

    In a separate ruling, Harwell determined if Council is convicted, his attorneys will have 12 hours following the verdict’s announcement to provide a list of mitigation factors.

    That was a ruling in Council’s favor as prosecutors sought the information at least three months ahead of his trial. The mitigation factors are used in sentencing phases of proceedings.

    Examples of mitigation include a defendant's ability to appreciate the wrongfulness of their conduct, whether they were under unusual duress and criminal record.

    Council’s lawyers previously said there is a plea offer on the table where he would plead guilty in exchange for life in prison without parole.

    http://www.myrtlebeachonline.com/lat...210373489.html

  7. #17
    Administrator Helen's Avatar
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    Judge orders 2,000 potential jurors be called for Brandon Council death penalty trial

    By WPDE News

    Horry County, S.C. (WPDE) — More than 2,000 people in South Carolina will be sent a jury summons to be a potential juror in the trial for the man charged in the deadly CresCom bank shooting from 2017.

    Brandon Council was federally indicted for armed bank robbery resulting in death, felon in possession of a firearm, and use of a firearm in furtherance of a crime of violence resulting in death of a person in such a manner to constitute murder.

    Police say Council killed Donna Major, 59, of Conway, and Kathryn "Katie" Skeen, 36, of Green Sea, during an armed bank robbery on August 21, in Conway.

    The trial date is set for January 2019.

    The 2,000 people will be asked to immediately complete the standard jury questionnaire. Some jurors, after the questionnaire, will be excused for any number of reasons, according to court documents.

    The Clerk of Court will then divide the remaining jurors into 80-member panels, with the first panel reporting to the Federal Courthouse in Florence at 9 a.m. on Jan. 3. The subsequent panels will be called on that same day. The jurors will watch a video about the federal court system and then fill out another questionnaire.

    The jury selection process will continue until there are 16 jurors available. The first 12 will be seated as regular jurors and there will be four alternates.

    A motion was also filed to allow potential trial witnesses to get a copy of their transcript given before the grand jury. The motion, according to court documents, will help the witnesses prepare to testify during trial.

    https://wpde.com/news/local/judge-or...-penalty-trial
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #18
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    Prosecutors in Brandon Council case don't want their response made public

    Federal prosecutors don’t want their response to a motion filed by attorneys representing Brandon Council to be made public.

    Council is accused of murdering two bank employees on August 21, 2017, in Conway. His attorneys have asked a judge to not allow Council’s confession and items found in a vehicle he was seen driving before his arrest to be allowed as evidence at trial. Before the government presents their argument against Council’s request though, they want a judge to seal their response to keep it from being released publicly.

    The US Attorney’s Office said they want their 14-page response sealed, along with an audio and video recording of Council’s statement, a transcript of the recording, a document executed by Council at the time he gave his statement, a search warrant, affidavit and return related to Council’s vehicle.

    “In defendant’s motions, he argues that his statement was involuntary, and a search warrant incorporating information from that statement was invalid. In order to respond to defendant’s allegation, and to establish the voluntariness of defendant’s statement, the government must fully detail defendant’s confession in their response,” court documents said.

    A jury summons and questionnaire will be sent to 2,000 randomly chosen people from a state wide pool on Oct. 1. Federal prosecutors argue their response could influence that jury pool. They also believe allowing Council’s statement to be made public could allow potential jurors to begin formulating opinions about the evidence prior to Council’s trial, which isn’t supposed to happen until January 2019.

    “There are specific reasons that mandate sealing in this case, particularly the risk of harm to the jury pool and the risk that jurors will come to an opinion about the case should they be exposed to the evidence discussed in the government’s response brief,” court documents said.

    Council faces the death penalty for the murders of Donna Major, 59, and Kathryn “Katie” Skeen, 36, during an armed robbery of the CresCom Bank.

    According to an affidavit written by an FBI special agent, Council confessed to the robbery and told agents “he was desperate, he needed money, and he knew that he was going to hurt somebody that day.”

    Prosecutors have said Council “displayed particular cruelty and callous disregard for human life by shooting both victims, who were unknown to him, multiple times at close range without warning and without provocation or resistance from the victims, in spite of the fact that such violence was not necessary to successfully complete the robbery of the CresCom bank.”

    Council’s attorneys have until August 21 to respond to the government’s motion to seal. The date will mark one year since the deadly bank robbery.

    http://www.wmbfnews.com/story/388305...se-made-public
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    Defense argues inmate interview could be used to get ultimate punishment for Brandon Council

    By Kaitlin Stansell
    wmbfnews.com

    FLORENCE, SC (WMBF) – The U.S. Attorney’s Office has obtained an interview with an inmate who claims Brandon Council told him about the deadly robbery of Conway’s CresCom Bank last August.

    Kenneth Ward also claimed in new court documents filed Thursday that Council expressed his feelings about his actions to Ward.

    Because the U.S. Attorney’s Office already has his confession, security video from the bank and physical evidence tying him to the crime, Council’s defense argued that the only possible reason the government would need to use this interview is to establish a lack of remorse on Council’s part to show why he may deserve the death penalty.

    The defense is also asking a judge to require the government to produce notes and documents that could expose any issues with the reliability or credibility of Ward’s testimony, including his criminal record and any agreements or plea deals.

    Because the government is seeking the ultimate punishment in this case, the defense said this information is even more relevant and important due of the possible outcome of Council’s trial.

    "It follows from this concept that if the Government intends to elicit testimony from Ward as to an aggravating factor, in this case lack of remorse, Due Process requires that the Government turn over to the defense any information it has tending to negate that evidence or testimony," court documents said.

    Council’s trial date is tentatively set for January 2019. He is accused of murdering Donna Major and Katie Skeen at the CresCom Bank on Aug. 21, 2017.

    http://www.wmbfnews.com/story/389570...randon-council

  10. #20
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    Defense: Brandon Council will plead guilty if the government drops the death penalty

    FLORENCE, SC (WMBF) - New court documents in the case against Brandon Council outline several new developments, including Council’s willingness to plead guilty if prosecutors drop the death penalty, which the defense claims is “irrational” and unconstitutional due to racial discrimination. Other documents ask the court to continue the trial, saying the prosecution needs more time to prepare.

    Council is accused of shooting and killing Donna Major and Katie Skeen while robbing the CresCom Bank in Conway in August 2017.

    In a motion filed September 18, the defense moves to strike the death penalty as a possible punishment in this case, claiming this case is only going to court because the government wants to seek Council’s death rather than accepting his guilty pleas. The documents say the prosecution doesn’t want to accept his “willingness to die in prison while serving multiple sentences of life imprisonment without possibility of release.” The defense says Council will withdraw this motion and plead guilty to all counts if the prosecution withdraws the death notice.

    In a second motion filed the same day, the defense also says the death penalty is applied “unconstitutionally and disproportionately to those charged with the murder of white, female victims.” Council’s attorneys say the court must strike the death penalty due to racial discrimination. The documents say the combination of a black defendant and white victims has resulted in “grossly disproportionate death sentences.” It also says the race and gender of victims, particularly when those victims are white females, plays a strong role in the application of the death penalty. Additionally, the attorneys argue the death penalty hasn’t been sought for the murder of minority victims during bank robberies, and its application in this case shows racial discrimination in the targeting of minority defendants.

    The documents go on to outline why the defense feels the death penalty would not be legal. Attorneys for Council say the court must closely examine the Federal Death Penalty Act to decide whether capital punishment is legal. The defense claims the death penalty is arbitrary and more aggravated cases have resulted in life sentences rather than capital punishment. The documents also claim Council should not be executed because of the Eighth Amendment and “evolving standards of decency that mark the maturation of a civilized society.”

    One day after these motions were filed, the judge ordered the prosecution to file responses to these motions by October 9.

    http://www.wmbfnews.com/2018/09/25/d...death-penalty/

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