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Thread: David Dewayne Riley, Jr. - Alabama Death Row

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    David Dewayne Riley, Jr. - Alabama Death Row


    Scott Michael Kirtley, 38




    Summary of Offense:

    Riley was convicted in January 2007 of capital murder for the January 10, 2005 shooting death of Scott Michael Kirtley, 38, during a robbery at Dandy's No. 2 Package Store on U.S. 72 in Florence. A Lauderdale Circuit Court jury deliberated for less than an hour before returning the guilty verdict. On March 20, 2007, Lauderdale Circuit Court Judge Mike Jones sentenced Riley to death.

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    Man facing death will get new trial

    FLORENCE - David Dewayne Riley Jr. was moved from death row at Holman Correctional Facility in Atmore to the Lauderdale County Detention Center on Tuesday where he is waiting for a new trial on capital murder.

    Riley, 24, was convicted in January 2007 of capital murder for the Jan. 10, 2005, shooting death of Scott Michael Kirtley, 38, during a robbery at Dandy's No. 2 Package Store on U.S. 72 in Florence. A Lauderdale Circuit Court jury deliberated for less than an hour before returning the guilty verdict. On March 20, 2007, Lauderdale Circuit Court Judge Mike Jones sentenced Riley to death.

    In December, the Court of Criminal Appeals reversed the conviction, citing comments about Riley's juvenile arrest record made by the prosecution during the trial as grounds for the reversal.

    The state attorney general's office asked the Alabama Supreme Court to reverse the appeals court's ruling. The Supreme Court denied the request and refused to hear arguments from the attorney general's office.

    The attorney general's office is considering asking the U.S. Supreme Court to overturn the appeals court ruling. A decision is expected later this week.

    In their opinion, the appeals court justices wrote, "the prosecutor specifically argued that the state of Alabama had tried to help Riley and had tried to rehabilitate him and that it had not worked, thus implying that Riley was a bad person and that he intended to commit this offense because he was a bad person."

    The justices contend Jones should have instructed jurors that Lauderdale County District Attorney Chris Connolly's comment about Riley being a bad person who could not be rehabilitated could not be used in convicting Riley.

    Riley had remained in prison while awaiting a decision by the state Supreme Court. He is being held without bond at the detention center. Suspects charged with capital murder are not eligible to be released on bail in Alabama.

    A new trial date has not been set.

    Connolly said he is confident Riley will again be convicted.

    "The evidence is overwhelming," Connolly said.

    Among the evidence used to convict Riley was a surveillance videotape from the package store that shows Riley leading Kirtley into a back room where a gun shot, followed by a scream, followed by two more gunshots can be heard.

    Defense attorney Steve Aldridge could not be reached for comment.

    file:///C:/Documents%20and%20Settings/Officemax/My%20Documents/Redversed/david%20riley%20FL.htm

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    Shoals man back on trial for murder

    FLORENCE, AL (WAFF) – A Shoals man is back on trial for the 2005 shooting death of a package store clerk.

    David Riley Jr. was already convicted of capital murder and sentenced to death in 2007 by a Lauderdale County jury, but the decision was overturned because the judge failed to tell a jury to ignore a previous felony conviction.

    The 24-year-old is charged in the January 10, 2005 shooting death of Scott Kirtley.

    Security video the night of the murder shows Riley walking into the Florence liquor store and ordering the victim to empty the cash register into a bag. The tape goes on to show Riley ordering the clerk into the back of the store. Investigators said Riley shot Kirtley in the head execution style before walking out the front door.

    Many of the same people are expected to testify during the retrial. If found guilty, Riley could head back to death row.

    The trial is expected to last several days.

    http://www.waff.com/Global/story.asp?S=14212777

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    Lauderdale County Jury Finds David Dewayne Riley, Jr. Guilty of Capital Murder

    The sentencing phase is now underway in the capital murder trial of David Dewayne Riley, Jr. Earlier Thursday, a Lauderdale County jury found him guilty of the 2005 murder of Scott Michael Kirtley.

    Kirtley was shot after a robbery at Dandy's Package Store #2, on Florence Boulevard.

    The jury is hearing testimony from witnesses, and will decide whether to recomment the death penalty or life in prison for Riley. The judge will have the final say.

    It took the jury less than 30 minutes to convict Riley of Kirtley's murder. The jury consisted of three men and nine women.

    During closing arguments, the prosecution talked abut what they called Riley's arrogant attitude. The state said the tearful jailhouse phone calls presented during the trial were not a show of remorse for the victim, Kirtley. Instead, prosecutors said Riley was feeling sorry for himself for getting caught in the act.

    However, the defense strongly disagreed. Riley's lawyer said his client was not a cold-hearted killer. He said Riley never had any intention of shooting Kirtley.

    Prosecutors then refuted that claim. They asked the jury to strongly study the evidence presented, especially the video tape that shows Riley robbing Dandy's Package Store #2 on January 10, 2005. The video then showed Riley motion to Kirtley to go to the back. Moments later, a gun shot, then moaning sounds, followed by two more gunshots.

    The jury decided justice for the victim, Kirtley, will come in the form of that capital murder conviction.

    Riley elected not to take the stand during the trial, allowing his lawyers to speak for him. At one point, Riley's father addressed the jury, expressing his son's sorrow for the deadly decision in 2005.

    http://www.whnt.com/news/shoals/whnt...0,259102.story

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    Jury recommends death for Riley

    A Lauderdale County Circuit Court jury deliberated for about 15 minutes this morning before recommending that David Dewayne Riley Jr. be sentenced to death for the murder of a Florence package store clerk.

    The jury of nine women and three men convicted Riley of capital murder Thursday for the Jan. 10, 2005 shooting death of Scott Micheal Kirtley during a robbery at Dandy's Package Store No. 2.

    The jurors voted 12-0 to recommend the death penalty for Riley.

    Lauderdale Circuit Court Judge Mike Jones will sentence Riley at 1:30 p.m. April 4.

    While Jones is not required to follow the jury's sentencing recommendation, he sentenced Riley to death in 2007 after Riley's first capital murder conviction for Kirtley's death. That conviction was overturned on a technicality by the Alabama Court of Criminal Appeals and a new trial was ordered.

    The only sentencing options for a capital murder conviction in Alabama are life in prison without the possibility of parole or the death penalty.

    http://www.timesdaily.com/article/20...eath-for-Riley

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    Judge sentences David Riley to die by lethal injection

    Lauderdale County Judge Mike Jones formally sentences David Riley to die by lethal injection.

    Riley was convicted on a capital murder charge during a retrial.

    The jury recommended that Riley be executed for killing liquor store clerk Scott Kirtley in 2005.

    http://www.waff.com/Global/story.asp?S=14380277

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    Riley's capital murder conviction, death sentence upheld

    The Alabama Court of Appeals has upheld the murder conviction and sentence of a Lauderdale County man on death row in connection with the January 2005 shooting death of a liquor store clerk, officials said.

    Lauderdale County District Attorney Chris Connolly said Monday he was notified of the appellate court’s decision in the case against David Dewayne Riley Jr.

    The 27-year-old Riley, of Florence, was convicted of capital murder in March 2011 and was sentenced in April 2011 to death by Lauderdale County Circuit Judge Mike Jones.

    Riley is accused of shooting Scott Michael Kirtley, 38, of Florence, during a robbery at Dandy’s Package Store No. 2, on Florence Boulevard.

    In their 147-page decision, the appellate court pointed out that it “searched the entire record for any error that may have adversely affected Riley’s substantial rights and has found none.”

    http://www.timesdaily.com/news/local...04b9f1ff4.html
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    On May 18, 2015, the US Supreme Court DENIED Riley's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-10-0988)
    Decision Date: August 30, 2013
    Discretionary Court
    Decision Date: November 21, 2014

    https://www.supremecourt.gov/search....es/14-9065.htm

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    Death row inmate denied appeal in 2005 Florence murder

    FLORENCE, Ala. – The Alabama Supreme Court has denied the appeal of a man on death row for the murder of a Florence liquor store clerk.

    The court did not issue an opinion in its ruling against David Dewayne Riley, 34.

    Riley has been on death row at Holman Correctional Facility since his 2011 conviction for the murder of Scott Kirtley. Kirtley was working at Dandy’s Package Store in 2005 when authorities said Riley robbed the business, took Kirtley in a back room and shot him.

    Riley’s request for a new hearing claimed he had ineffective counsel during his trial.

    https://whnt.com/2018/08/24/death-ro...orence-murder/
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    On February 25, 2019, Riley filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/al...cv00332/169345

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