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Thread: David Phillip Wilson - Alabama Death Row

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    David Phillip Wilson - Alabama Death Row




    Facts of the Crime:

    In 2008, Wilson was convicted of killing Dewey Walker inside his home in April 2004. Wilson beat Walker with an aluminum baseball bat, then choked him with a computer mouse cord along with an extension cord during the burglary.

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    January 10, 2008

    Death penalty ordered for Dothan man in beating death

    A 23-year-old Dothan man has been sentenced to death for killing a 64-year-old resident by beating and choking him, all part of a burglary to steal the victim's valuables.

    David Phillip Wilson was sentenced to death by Circuit Judge Edward Jackson shortly after 1:30 p.m. Tuesday.

    He was convicted last month of killing Dewey Walker inside his home in April 2004.
    Wilson beat Walker with an aluminum baseball bat, then choked him with a computer mouse cord along with an extension cord during the burglary.

    Three others were also charged with capital murder in Walker’s death, including Matthew Marsh, Catherine Corley and Michael Ray Jackson, all 24. Marsh, Corley, and Jackson all previously pleaded guilty to their involvement in the murder.

    http://www.dothaneagle.com/dea/news/...08_0008/15460/

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    Ala court orders new hearings on reasons blacks were struck from juries in 2 death cases

    MONTGOMERY, Ala. (AP) — A state appeals court has ordered judges to hold new hearings for two death row inmates to determine if blacks were properly struck from juries in their capital murder cases.

    The Alabama Court of Criminal Appeals issued the decision Friday in the death penalty cases of Andrew Reid Lackey and David Phillip Wilson. Prosecutors in both cases must show that blacks were struck for reasons not based on their race.

    Lackey was convicted in the Halloween night 2005 murder and robbery of 80-year-old Charles Newman in Limestone County. Wilson was convicted in the 2004 killing of a Dothan man who was strangled with a computer mouse cord in a robbery at his home.

    http://www.whnt.com/news/sns-ap-al--...,1170571.story

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    Senior Member CnCP Legend JLR's Avatar
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    On March 23, 2012, affirmed by the Alabama Court of Criminal Appeals on direct appeal after remand.

    http://law.justia.com/cases/alabama/...r-07-0684.html

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    In today's United States Supreme Court orders, Wilson's petition for writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

    http://www.supremecourt.gov/Search.a...es/13-8510.htm

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    Death sentence challenged in 2004 Dothan capital murder case

    By Lance Griffin
    The Dothan Eagle

    A man convicted of capital murder in the 2004 beating death of a 64-year-old cancer patient is challenging his death sentence on multiple grounds, but state prosecutors believe a judge and jury relied on overwhelming evidence in seeking death and that the challenge should be dismissed.

    Hearings were held Tuesday in the case of David Phillip Wilson, who was convicted and sentenced to death in 2008 for the killing of Dewey Walker in April 2004. Wilson and others were convicted in connection with Walker’s death, but prosecutors alleged it was Wilson who beat Walker with a baseball bat and used a cord to strangle Walker during the murder.

    Wilson was charged with murder in the course of a robbery and murder in the course of a burglary, both of which made Wilson eligible for the death penalty. Prosecutors also argued at trial that the circumstances surrounding Walker’s death were particularly heinous, atrocious and cruel, an aggravating factor juries and judges can use when considering death for a defendant.

    Wilson, through his attorney David Schoen of Montgomery, argued there were significant arguments that could have been made at trial by Wilson’s then-defense attorneys that may have persuaded a jury and/or judge to conclude the death penalty was not applicable or reasonable.

    Schoen made several arguments Tuesday, including:

    A co-defendant, Catherine Corley, wrote a letter from jail claiming she – and not Wilson – may have delivered the fatal blows to Walker. Schoen argued that defense counsel did not have Corley’s letter at the time of the 2008 trial and certainly would have used it to craft a defense that may have allowed Wilson to avoid the death penalty.

    Alabama Assistant Attorney General Richard Anderson argued that defense counsel did have a police report that alluded to the Corley letter, and the mere receipt of the police report by defense counsel barred Wilson from being able to make a post-conviction claim.

    Schoen recited several instances in which Wilson’s attorneys should have made arguments beneficial to the case. Schoen cited trial testimony about blood spatters from a Dothan police sergeant who worked the crime scene. Schoen said counsel should have objected to the blood splatter testimony because a police sergeant is not a blood splatter expert. Schoen said the testimony was used by prosecutors to argue the crime was particularly heinous, atrocious and cruel.

    Further, Schoen argued that counsel should have challenged the police sergeant about the blood testimony itself. Schoen said defense counsel should have asked if samples of the blood were collected and tested to indicate if, in fact, the material believed to be blood was actually blood.

    Schoen also said counsel should have hired a DNA expert to test the bat used in the crime as well as gloves Wilson wore during commission of the crime to determine whether any of Wilson’s DNA could be found on the bat.

    Schoen said the arguments that should have been raised go to the heart of the case against Wilson.

    “Did he kill Walker? Did he intend to kill Walker? Did he act in a heinous, atrocious and cruel manner?” Schoen said during arguments in front of Circuit Judge Kevin Moulton on Tuesday.

    Schoen further argued Wilson’s statement to police should have been suppressed because of his mental state at the time and that police did not have probable cause to come into Wilson’s home to detain Wilson after the crime.

    Anderson argued that preceding case law favors the prosecution and that, even if some of Wilson’s claims survive, there is overwhelming evidence to suggest Wilson participated in the murder and that it occurred during a robbery and burglary, which would make him eligible for the death penalty.

    A police investigation revealed Walker's custom van, replete with stereo equipment estimated to be worth $20,000, was missing. A search for the van and the stereo equipment led investigators to Matthew Marsh. Investigator Tony Luker interviewed Marsh, and then interviewed Catherine Corley and another person named Michael Jackson. These interviews led Luker to Wilson.

    Marsh, Corley and Jackson all pleaded guilty to their roles in the murder.

    Walker was suffering from cancer at the time of the murder.

    http://www.dothaneagle.com/news/crim...d6eb335b1.html

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    Senior Member CnCP Legend Mike's Avatar
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    Alabama death row inmates elect alternate method of execution, drop lethal injection suit

    By Ivana Hrynkiw
    AL.com

    The attorney for several Alabama death row inmates and the Alabama Attorney General's Office have asked a judge to dismiss a lawsuit challenging the state's lethal injection method because the inmates want to be executed a different way.

    Court records show John Palombi, a federal public defender for the Middle District of Alabama, and Deputy AG Thomas Govan filed a motion to dismiss the case on Tuesday because the inmates named in the lawsuit have elected a new form of execution, which was made legal last month. Because they've now opted to die by nitrogen hypoxia instead of lethal injection, their claims in the lawsuit are moot.

    The case was originally filed in 2012 by multiple death row inmates, including several who have been executed since that time. The case focused on what the inmates said were challenges to the constitutionality of Alabama's current three-drug method of execution, which includes the sedative midazolam.

    According to the joint motion, Gov. Kay Ivey signed into state law on March 22 a bill that approved nitrogen hypoxia as a method of execution. Under the amended law, lethal injection will remain the primary method of capital punishment, but inmates sentenced to die will be provided an opportunity to choose nitrogen hypoxia instead.

    Inmates who were already on death row had the option to pick the nitrogen method and notify the Department of Corrections of their choice by June 30.

    The motion shows each surviving plaintiff in the suit-- Carey Dale Grayson, Demetrius Frazier, David Lee Roberts, Robin Dion Myers, Gregory Hunt, Geoffrey Todd West, Charles Lee Burton, and David Wilson-- chose the method of nitrogen hypoxia and alerted the DOC last month.

    The Federal Defender's office released a statement Tuesday afternoon: "These plaintiffs pled nitrogen hypoxia as an alternative method of execution, and the state's adoption of nitrogen hypoxia as an authorized method rendered the suit moot. The plaintiffs in this case, and anyone else who elected the new method, cannot now be executed by lethal injection...While the best way to reduce the risks of botched executions would be to abolish the death penalty, if the death penalty does exist, it must be carried out in a constitutional manner with the respect and dignity that is required of such a solemn event. We urge the Department [of Corrections] to make any new execution protocol public, as virtually all other death penalty states do, so that the people of the state of Alabama know what is being done in their name."

    The office also said the inmates in the lawsuit have not waived the right to challenge the details of nitrogen hypoxia in the future, and they should be able to do so "to ensure that Alabama carries out this method in a humane manner."

    The AG's office has not returned AL.com's request for comment.

    https://www.al.com/news/birmingham/i...ates_elec.html

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    Alabama Supreme Court denies petitions from death row inmates

    The state's highest court won't hear the cases of three Alabama Death Row inmates.

    The Alabama Supreme Court announced Friday in its weekly order list that it has denied writs of certiorari--or requests to review--the cases of David Phillip Wilson, Michael Brandon Kelley, and David Dewayne Riley. All three men are currently awaiting execution at Holman Prison in Atmore.

    Wilson, 34, was convicted and sentenced to death in Houston County for the death of Dewey Walker in 2004. Walker, a 64-year-old suffering from cancer, was found dead in his Dothan home after he failed to show up for work for several days.

    Kelley was convicted in St. Clair County on two counts of capital murder and one count of sexual torture. He has been on death row since 2010. In January, the court denied a writ of certiorari for the inmate, but he petitioned to the Criminal Court of Appeals. That court denied his application for rehearing in June.

    Kelley was 29 at the time he was convicted of killing 23-year-old Emily Lynn Milling, whose body was found off River Road in Leeds in November 2008. Witnesses testified at Kelley's trial that Milling had been choked and beaten to death.

    Riley's request to the Alabama Court of Criminal Appeals was denied in March. Riley is on death row for his convictions in the 2005 slaying of 38-year-old Scott Michael Kirtley, who was shot to death during a liquor store robbery.

    Riley was convicted for a second time in 2011, after the Alabama Court of Criminal Appeals threw out his original 2007 case. The court's order is based on a 2015 petition filed by Riley, which claims he had ineffective counsel at his second trial. That appeal was denied by the circuit court in 2016.

    https://www.al.com/news/birmingham/i..._denies_p.html

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    In today's orders, the United States Supreme Court declined to review Phillip's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Numbers: (CR-16-0675)
    Decision Date: March 9, 2018
    An uninformed opponent is a dangerous opponent.

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    Administrator Moh's Avatar
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    On April 22, 2019, Wilson filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/al...9cv00284/69523

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