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Daniel Anthony Lucas - Georgia Execution - April 27, 2016
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Thread: Daniel Anthony Lucas - Georgia Execution - April 27, 2016

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    Daniel Anthony Lucas - Georgia Execution - April 27, 2016


    Steven Moss, 37, Bryan Moss, 11, and Kristin Moss, 15




    Facts of the Crime:

    Convicted and sentenced to death in the April 23, 1998 murders of 15-year-old Kristin Moss and 11-year-old Bryan Moss.

    Brandon Joseph Rhode and Daniel Lucas were ransacking the Moss home in search of valuables when 11-year-old Bryan Moss saw them through a front window and entered through a back door armed with a baseball bat. They wrestled Bryan to a chair and Lucas shot him in the shoulder. When they heard 15-year-old Kristin approaching the house, Rhode forced her to a chair and shot her twice with a pistol. Rhode then ambushed Steven Moss when he arrived home, shooting him with the same pistol. Lucas later shot each of the victims again to make sure they were dead.

    Rhode was executed on September 27, 2010. For more on Rhode, see: http://www.cncpunishment.com/forums/...tember-27-2010

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    Litany of appeals filed in Lucas' death penalty case

    A week after Brandon Joseph Rhode was executed for his part in the 1998 murders of three Jones County family members, his accomplice remains on death row.

    Daniel Anthony Lucas, 31, was 19 years old when he was charged with killing Bryan, Kristin and Steven Moss at their Griswoldville Road home during a burglary on April 23, 1998.

    After more than a decade, Lucas’ case is still under appeal. He and Rhode were tried separately, several months apart, but the men were both equally convicted of murder, burglary and kidnapping. Lucas is housed at the Georgia Diagnostic and Classification State Prison just outside Jackson, home of Georgia’s death row.

    During trial, Rhode testified that he shot 15-year-old Kristin twice and dropped his gun. He said Lucas picked up the gun and shot Steven Moss, 37.

    Lucas told investigators a different story. He said he shot 11-year-old Bryan Moss six times while Rhode shot Kristin and Steven Moss in the next room.

    Although separate sets of jurors sentenced both men to death, the facts and circumstances of Lucas’ trial are different from Rhode’s, said Lisa Carey-Davis, a lawyer representing Lucas in his federal appeal.

    “We believe there are strong reasons why Mr. Lucas should receive a new trial or at least a new sentencing hearing,” she said.

    Lucas’ case has been appealed and heard in numerous state courts since his 1999 conviction. The case is now in federal court.

    Among the arguments Lucas’ federal appeal lawyers raise are that his trial lawyers were inadequate, the prosecutor withheld evidence and a juror was incompetent.

    The primary lawyer appointed to represent Lucas had been involved in just two other capital cases. In one of them, he sat at the lawyers’ table but didn’t participate. Two other lawyers also served on Lucas’ defense team. One had no prior direct experience in death penalty trials, and the other was a recent law school graduate who had never tried a case, according to the appeal.

    Among the mistakes the appellate lawyers cite is an argument that the trial lawyers should have worked harder to suppress a videotaped statement that Lucas made after a 17-hour interrogation, and alleged coercion.

    The lawyers argue that there were no eyewitnesses or physical evidence linking Lucas to the crime scene, victims or murder weapons. Because Lucas was “severely intoxicated” on the afternoon of the slayings, he didn’t remember what had happened.

    Investigators supplied Lucas with information about the crime and threatened him with the electric chair if he did not confess, according to the appeal.

    In a pretrial hearing to suppress Lucas’ statement, the trial lawyers failed to present evidence of Lucas’ drug abuse, intoxication on the day of the crime, brain damage that compromised his memory or susceptibility to suggestion, even though the lawyers had interviewed expert witnesses about the subjects, according to the appeal.

    Lawyers for the state say that Lucas’ claims of ineffective assistance of counsel were properly rejected on appeal by a state court, according to federal court records.

    The defense said Lucas’ rights also were violated by the prosecution’s not sharing information in a timely manner about a witness who saw Rhode’s car, or one like it, pull out of the Mosses’ driveway. The evidence was uncovered during a state appeals hearing.

    Tim Bentley was interviewed by the Jones County Sheriff’s Office and an assistant district attorney on Sept. 7, 1999 — the day before Lucas’ trial began. Bentley told investigators that he heard shots coming from the direction of the Moss home and later saw a red car pull out in front of him from the Mosses’ driveway.

    He said the driver “was animated,” but the passenger, assumed to be Lucas, didn’t react when the two cars nearly collided. Bentley described the passenger as “comatose.”

    The defense argued at Lucas’ trial that Lucas was too intoxicated to form the “requisite intent” for a conviction, and that his mental state was relevant during sentencing because it affected his individual culpability for the crime.

    Having Bentley’s testimony at trial would have provided support for the defense arguments, the appellate lawyers argue.

    “Bentley was the closest witness to the crime in both time and place,” according to the appeal.

    State lawyers maintain that Lucas’ lawyers haven’t presented any new evidence pertaining to Bentley’s testimony that should overturn a lower court’s ruling on the issue.

    Another argument raised in the appeal is that a juror deliberating Rhode’s fate was incompetent because she showed signs of confusion and forgetfulness.

    When filling out her juror questionnaire, the woman indicated that she had no children, although she was a mother of two. When questioned during jury selection, the woman said she couldn’t remember filling out the form.

    Months after the trial, the woman told an investigator she went along with the decision of the other jurors, according to the appeal.

    Lawyers for the state argue that Lucas’ lawyers have not presented “concrete evidence” that the juror had been diagnosed with dementia or that she was confused during the trial, according to court records.

    It’s unclear when a federal judge will rule on the pending appeal.

    http://www.macon.com/2010/10/04/1289...#ixzz13msYBxQn

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    Administrator Moh's Avatar
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    On March 25, 2013, Lucas' habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...0289/77542/66/

    On April 26, 2013, Lucas filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    http://dockets.justia.com/docket/cir...ca11/13-11909/

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    On October 30, 2014, oral argument will be heard in Lucas' appeal before the US Court of Appeals for the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...S%20PUBLIC.pdf

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    On November 12, 2014, the Eleventh Circuit DENIED Lucas' appeal.

    http://media.ca11.uscourts.gov/opini.../201311909.pdf

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    On January 20, 2015, the US Court of Appeals for the Eleventh Circuit DENIED Lucas' petition for en banc rehearing.

    http://www.supremecourt.gov/Search.a...es\14-1498.htm

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

    Docketed: June 22, 2015
    Linked with 14A1010
    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (13-11909)
    Decision Date: November 12, 2014
    Rehearing Denied: January 20, 2015

    http://www.supremecourt.gov/search.a...es/14-1498.htm

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    Execution Date Set for Jones County Murderer

    Daniel Anthony Lucas to be executed on April 27


    FORSYTH, Ga. – The Jones County Superior Court has ordered the execution of convicted murderer Daniel Anthony Lucas. The court ordered the Georgia Department of Corrections to carry out the execution on a date between April 27 and May 4, 2016. Commissioner Homer Bryson has set the date for Wednesday, April 27, at the Georgia Diagnostic and Classification Prison in Jackson at 7 p.m.

    Daniel Anthony Lucas was convicted in 1999 for the murders of Bryan, Kristin, and Steven Moss. If executed, Lucas will be the 42nd inmate put to death by lethal injection.

    http://www.dcor.state.ga.us/NewsRoom...R_160407c.html
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    Condemned man requests Italian for last meal

    By Ronda Cooke
    The Atlanta Journal-Constitution

    Daniel Anthony Lucas has asked for an Italian meal to be the last one he eats before his execution set for next week for the murders of a Jones County father and his two children.

    According to the Department of Corrections, Lucas requested meat pizza, steak and cheese calzone, a stuffed portobello mushroom, chef salad with ranch and honey mustard dressings and orange juice.

    Lucas, 37, will be given his last meal about three hours before the scheduled hour for his lethal injection, which is 7 p.m. on April 27.

    If he is put to death, Lucas will be the fifth person Georgia has executed this year. Only twice since the death penalty was reinstated in 1976 has Georgia put executed five killers in a year — in 2015 and in 1987.

    Lucas, then 19, and Brandon Rhode were burglarizing the Moss family home the afternoon of April 23, 1998, when the first of two children came home from school.

    The younger of the two got home first.

    Bryan Moss saw Lucas and Rhode through the front window, ransacking his family’s house, so the 11-year-old armed himself with a bat and went inside. Lucas shot the boy.

    Kristin Moss came home next. The two men also shot the 15-year-old girl.

    Rhode shot the father, Steven Moss, when he got to the house on Griswoldville Road in middle Georgia.

    Then Lucas shot the children again to be sure they were dead.

    Rhode was executed on Sept. 27, 2010.

    http://www.ajc.com/news/news/local/c...st-meal/nq7FR/
    "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."
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    Clemency hearing set for condemned Jones County killer

    Clemency hearing for condemned Jones County killer Daniel Anthony Lucas has been set.

    Representatives for Lucas, 37, are scheduled to meet at 9 a.m. April 26 with the State Board of Pardons and Paroles.

    The meeting is expected to be closed, with no comments from the public, according to a news release from the parole board.

    Lucas is scheduled to be executed by lethal injection at 7 p.m. April 27 at the Georgia Diagnostic and Classification Prison in Jackson.

    Lucas was convicted of murdering 11-year-old Bryan Moss, 15-year-old Kristin Moss and their father Steven Moss during a burglary of their Jones County home in 1998.

    A jury found Lucas guilty in September 1999 on three counts of malice murder, three counts of felony murder, two counts of burglary and one count of kidnapping with bodily injury.

    He was sentenced to death by the jury.

    Lucas’ direct appeal proceedings and his state and federal habeas corpus proceedings have been concluded.

    The U.S. Supreme Court denied Lucas’ request to appeal on October 5, 2015. The Superior Court of Jones County issued the execution order.

    In Georgia, the parole board has the sole constitutional authority to grant clemency and commute, or reduce a death sentence to life with the possibility of parole or to life without the possibility of parole. Only after an inmate appears to have exhausted all judicial avenues of relief will the parole board consider granting a commutation to a death-sentenced inmate.

    The board maintains a comprehensive file on each inmate on death row. The file includes the history of the life of the condemned inmate, the inmate’s criminal history and the circumstances of the offense that was committed resulting inthe death sentence.

    http://www.macon.com/news/local/crim...e72693847.html
    Judicial Review isn't in the Constitution.

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