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Thread: James Randall Rogers - Georgia Death Row

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    James Randall Rogers - Georgia Death Row




    Facts of the Crime:

    Was sentenced to death in May 1982 in Floyd County for the torture and killing of a 75-year-old woman. On May 21, 1980, Grace Perry died when a rake handle was forced up her vagina so hard it punctured a lung, causing massive hemorrhaging. At the time of the killing, Mr. Rogers was on parole for burglary.

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    Administrator Moh's Avatar
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    No. 07-1025 *** CAPITAL CASE ***
    Title:
    James Randall Rogers, Petitioner
    v.
    Georgia
    Docketed: February 7, 2008
    Lower Ct: Supreme Court of Georgia
    Case Nos.: (S07A1210)
    Decision Date: November 5, 2007

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Feb 4 2008 Petition for a writ of certiorari filed. (Response due March 10, 2008)
    Mar 4 2008 Brief of respondent Georgia in opposition filed.
    Mar 19 2008 DISTRIBUTED for Conference of April 11, 2008.
    Apr 14 2008 Petition DENIED.
    May 9 2008 Petition for Rehearing filed.
    Jun 3 2008 DISTRIBUTED for Conference of June 19, 2008.
    Jun 23 2008 Rehearing DENIED.

    http://www.supremecourt.gov/Search.a...es/07-1025.htm

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    Administrator Moh's Avatar
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    On December 3, 2014, Rogers filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/geo...cv00306/211349

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    Administrator Heidi's Avatar
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    2 Floyd County men on death row; Foster awaiting Supreme Court decision on appeal

    Two Floyd County men are sitting on death row in the state penitentiary in Jackson for crimes committed before the start of this millennium.

    Timothy Tyrone Foster and James Randall Rogers face death by lethal injection, but the U.S. Supreme Court still hasn’t made a decision on Foster’s appeal.

    Awaiting Supreme Court decision

    Foster, 48, tortured and murdered Queen Madge White, a retired school teacher, during a burglary in 1986 and was convicted and sentenced to death in 1987.

    White was found the next morning by her sister. Her jaw was broken and there was a gash on the top of her head. Before she was strangled to death she was molested.

    Although police found the stolen items from White’s house at Foster’s home and the 18-year-old confessed to the crime, the exclusion of black jurors from the trial gave Foster an avenue for an appeal.

    In January 2015, Foster petitioned the U.S. Supreme Court over a racial bias in his murder trial’s jury selection. The hearing occurred in November 2015, but the decision on the appeal hasn’t been announced yet.

    The court must decide if the Floyd County district attorney improperly excluded black jurors from Foster’s trial.

    Then-DA Steve Lanier struck off all four black jurors before the trial. Foster’s lawyers filed an open records request to receive the prosecutors’ notes from the 1987 trial.

    Those notes show the names of each potential black juror highlighted in green and the word “black” circled next to the race question on the questionnaires.

    A hearing in Floyd County Superior Court in 1987 ruled that Lanier provided race-neutral reasons for striking the four black jurors and the Georgia Supreme Court backed that ruling.

    Murdered with a rake handle

    It was May 21, 1980, and a 19-year-old Floyd County man had just raped and murdered his 75-year-old neighbor Grace Perry.

    James Randall Rogers, now 55, is currently housed on Georgia’s death row in Jackson.

    He was first convicted and sentenced to death in 1982 on charges of murder, rape and aggravated assault for raping and then impaling Perry with a rake handle.

    However, Rogers had to be retried, convicted and sentenced in 1985 after he appealed the original conviction because the grand jury pool didn’t include enough women.

    In 2007, the Supreme Court of Georgia upheld a Floyd County jury’s 2005 finding that Rogers wasn’t mentally retarded. The U.S. Supreme Court has banned the execution of mentally retarded criminals.

    One measure of defining mental retardation is consistently scoring less than 70 on IQ tests. Rogers took six tests, with his score falling below 70 only once.

    http://www.northwestgeorgianews.com/...2bceffa5d.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5
    aclay
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    Is he close to execution yet?

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    Moderator Ryan's Avatar
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    No, still in the courts. When cert is denied, we'll update accordingly.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

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    Senior Member CnCP Legend Mike's Avatar
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    On June 28, 2019, the United States Supreme Court ordered that Rogers' petition for a writ of certiorari and motion for leave to proceed in forma pauperis be DENIED regarding the Supreme Court of Georgia.

    https://www.supremecourt.gov/search....c/18-7594.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

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    Senior Member Frequent Poster Ted's Avatar
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    I was reading about this case the other day and i sincerely hope that Rogers is executed soon.

    With regards to Mike’s last post, does the SCOTUS ruling last June mean his federal appeals are done? Or does the bit about the Supreme Court of Georgia refer to his direct appeal?
    Last edited by Ted; 01-19-2020 at 06:16 PM.
    Violence and death seem to be the only answers that some people understand.

  9. #9
    Moderator Bobsicles's Avatar
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    I think he filed another appeal to GSC while waiting for his habeas petition to be ruled on

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    Administrator Helen's Avatar
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    Testimony: Bite mark evidence in 1985 death penalty case 'junk science'

    By John Bailey
    Rome News-Tribune

    Testimony on the first day of a retrial hearing for a Floyd County man sentenced to death in 1985 concerned forensic evidence, and what experts described as debunked scientific methods used to gain a conviction in the case.

    The attorneys for James Randall Rogers are attempting to prove that flawed evidence examination practices led to his conviction for the rape and killing of his 75-year-old neighbor Grace Perry.

    Testimony concerning a bite mark on Rogers’ arm, a hair that may have belonged to Perry found on Rogers, as well as a partial fingerprint found on the handle of a rake used to kill Perry were key to the prosecutor’s case — and, defense lawyers contend, were all based on flawed forensic examination practices.

    “This evidence was junk science,” Chris Fabricant, the director of strategic litigation at the Innocence Project, told Floyd County Superior Court Judge Bryan Johnson. “This can not be the basis for executing a human being.”

    Investigative practices at that time were highly subjective, he said, and led forensic examiners toward a conclusion predetermined by investigators.

    “False and misleading information was introduced and used in this case,” Fabricant said.

    The hearing Tuesday morning specifically centered on the testimony of Dr. Richard Souviron, a forensic odontologist who testified in 1985 that a bite mark on Rogers was definitively made by the victim. In 2020 he recanted that testimony, saying he would not have come to the same conclusion using modern methods.

    To illustrate how the field of forensic odontology has evolved since 1985, Dr. Adam Freeman testified concerning the process that debunked the perceived science behind bite mark testimony.

    In conducting research to normalize the process of bite mark forensics, Freeman said he discovered “shocking” evidence. In most cases, people who were seen as experts in the field did not agree with the findings of other experts on simple determinations like whether a wound was caused by a bite from a human — much less if it came from a specific person.

    That research led organizations like the American Board of Forensic Odontology to reject the practice.

    “It’s junk. It doesn’t work. It’s a completely subjective field,” Freeman testified.

    The prosecution largely focused on procedural arguments, stating Souviron’s change of heart and new testimony are not grounds for granting a retrial for Rogers.

    During the hearing, Rome Circuit Assistant District Attorney Natalee Staats said another forensic dentist countered Souviron’s claim during the trial that the bite mark was made by Perry.

    Essentially, the state is attempting to show that what the defense is characterizing as new evidence was already introduced in the 1985 trial.

    Prior to the hearing, Rogers objected to proceedings moving forward insisting that his attorneys had not conducted an investigation into fingerprint evidence located on the rake.

    Rogers insisted a fingerprint, entered into evidence in his original trial, was not his and said he wanted the GBI to investigate.

    One of Rogers’ attorneys, Mark Loudon-Brown from the Southern Center for Human Rights, told Judge Johnson they intend to attack fingerprint evidence submitted in the case. In a supplemental motion filed prior to the hearing, Rogers’ attorneys stated a reexamination of a partial fingerprint proves that it didn’t belong to Rogers.

    “I would like to fire my attorney and get the GBI to do an investigation,” Rogers told the judge. “If that’s what it takes, that is what it takes.”

    Their differences were settled after a brief out-of-court discussion and the hearing resumed. Testimony will continue Tuesday morning at 9 a.m.

    https://www.northwestgeorgianews.com...f975ac7af.html
    "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

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