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Thread: Curtis Giovanni Flowers - Mississippi

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    Curtis Giovanni Flowers - Mississippi






    Summary of Offense:

    After deliberating for about 90 minutes, jurors gave Flowers the death penalty for four counts of capital murder. They had found him guilty after 30 minutes of deliberation. "If anyone deserves the death penalty, Flowers does," said prosecutor Doug Evans. The defense unsuccessfully renewed its request for a mistrial. The sentence comes after Flowers' sixth trial in the shooting deaths of Tardy Furniture store owner Bertha Tardy and three of her employees. Killed were Tardy, 59; bookkeeper Carmen Rigby, 45; delivery worker Robert Golden, 42; and part-time employee Derrick Stewart, 16. The state Supreme Court reversed three earlier convictions against Flowers, and two trials ended in mistrials.

    Flowers was re-sentenced to death on June 19, 2010.

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    June 19, 2010

    1 crime, 6 trials and a 30-minute guilty verdict

    Jury finds Curtis Flowers guilty in his 6th murder trial in Winona, Mississippi

    Relatives of victims say they have grown weary of the case after 6 trials

    3 convictions have been overturned; 2 trials have ended in hung juries

    Flowers was found guilty Friday of killing 4 people at a furniture store in 1996

    The fatigue was palpable by the 8th day of Curtis Flowers' 6th murder trial.

    On the 9th day -- Friday -- Curtis, 40, was found guilty of 4 counts of murder in the July 16, 1996, shooting deaths of 4 people inside the Tardy family's furniture store in downtown Winona.

    The 7 women and 5 men on the jury took just half an hour to resolve a case that has haunted the courts of Mississippi for 13 years.

    "I'm not surprised by the verdict, given the makeup of the jury, but I am a little surprised by the speed," said Alan Bean, who got involved in the case through his non-profit group, Friends of Justice, which examines cases of suspected wrongful prosecutions.

    3 times before, Flowers was found guilty, but the convictions were overturned by the appeals courts. He received 2 death sentences, which also were overturned.

    2 other trials ended with hung juries.

    On Friday, Mississippi justice seemed headed on a swifter course. Jurors heard evidence to help them decide whether Flowers should be punished for his crime with the death penalty.

    But in court on Thursday, some folks seemed worn out by the long-running legal saga. A few jurors stared off into space. Members of the audience dozed off, while others slowly trickled out of the courtroom. Circuit Judge Joseph Loper occasionally wrung his hands as Flowers' attorney questioned a witness.

    Tardy Furniture's storefront, located at the end of a row of dusty, shuttered businesses on Front Street, still bears the last name of its original owner, Tom Tardy, even though the family sold the World War II-era relic in 2004. But Mississippi's courts have been slow to deliver justice for in the deaths of Bertha Tardy, the store's owner, and employees Carmen Rigby, Robert Golden and Derrick "Bobo" Stewart.

    Prosecution's case: A path to murder The passage of time did not make it any easier for relatives of the victims -- or, for that matter, the defendant -- to sit through hours of tedious forensic testimony, illustrated by gruesome crime scene photos.

    "You wonder if there's ever going to be closure. By the time one trial's over, we're getting ready for the next," said Randy Stewart, the father of 16-year-old Derrick Stewart. The star pitcher of Winona High School's baseball team had started a summer job at Tardy's the day before the shootings.

    If history is any teacher, Friday's verdict may not end things.

    The earlier convictions were reversed, based on findings of prosecutorial misconduct in the first two trials and racial discrimination in choosing the jury in the third trial. The fourth trial ended in a hung jury, with panelists split 5-7 along racial lines. The fifth trial, in 2008, also ended in a mistrial after a lone black juror held out for acquittal.

    The previous outcomes raised allegations from the defendant's supporters that the prosecution is racially motivated. They say Flowers cannot get a fair trial in Montgomery County as long as whites outnumber blacks on the jury. This time around, one black juror and two black alternates were chosen.

    The case came under broader national scrutiny after being featured on a blog run by Friends of Justice.

    "I became interested in this case because virtually all the problems that have been leading to wrongful convictions are involved in this case, so I wanted to know how this prosecution was put together," said Bean, who has visited Winona 7 times in the past 14 months to reconstruct witness accounts of the shooting at Tardy's.

    A step in the right direction, according to Bean, would be to seat a jury that represents the racial diversity of Montgomery County, where about 45 percent of the population is black. But at the 6th trial, some blacks in the jury pool were dismissed because of personal ties to the defendant and his family, while others were excused because they said they would be unable to consider the death penalty.

    A study released earlier this month by the Equal Justice Initiative, a nonprofit human rights and legal services organization based in Montgomery, Alabama, found that racial discrimination in jury selection is widespread and seemingly tolerated. Two years of research in eight Southern states, including Mississippi, revealed that racially biased use of peremptory strikes and illegal racial discrimination persists in serious criminal cases and capital cases.

    The consequences, according to the initiative, are that "all-white juries tend to spend less time deliberating, make more errors, and consider fewer perspectives."

    Also, longstanding Gallup polling of support for the death penalty has found a consistent schism between blacks and whites, with 70 % of whites favoring it compared with 40 % of blacks.

    Many in Winona, including the victims' families, resent the suggestions that race is playing a role in the only known instance in recent history of a person standing trial six times for capital murder. They blame Friends of Justice for injecting "the race card" into the trial.

    Many Winona residents believe that while the circumstantial evidence against Flowers is strong, their beloved town has moved beyond the era when police picked up civil rights activist Fannie Lou Hamer in 1963 and severely beat her.

    "I would feel just as equally toward a white man as I do toward Curtis Flowers," said Brian Rigby, who played baseball with "Bobo" Stewart and had just graduated from high school when his mother was killed.

    "When someone takes the life of a loved one, you could care less their skin color," he said. "You don't care about their religion, their race. You don't care about anything. You don't look at them as a color, but as a person who took your loved one's life."

    He points out that a black man also died in Tardy's showroom that morning. Robert Golden, a married father of 2 who had taken on a part-time job at Tardy's for extra money, was shot twice in the head, his brother, Willie George Golden, said.

    "It's not easy. I'm sitting on 2 sides of the aisle," he said, referring to the racial dynamics in the courtroom.

    During the most recent trial, the pews behind the defendant have been mostly filled with black people, along with Bean and observers from his group, who are white. The rows behind the prosecution table consist primarily of whites, with the exception of Golden, a local reporter and the occasional member of the public.

    "Curtis' father -- we used to hunt and fish together. When you grow up around people and you're used to speaking to them and saying hello ... This is not an easy thing for me," Golden said outside of court on Wednesday. "No one says, 'I'm sorry you lost your brother.' There's people in this town to this day who act like I haven't lost anything."

    Whether racism is alive and well in Winona depends on who you ask in the small town, where a smile or a nod is customary when you pass someone, and Wednesday night means all-you-can-eat catfish at Willy's off Interstate 52.

    "They don't call you n****r as much," a black retired state employee said outside the courthouse this week. "It's not as open as it was, but they still got their ways of keeping you on a different level." He spoke on the condition that CNN not publish his name.

    Several black people attending the trial said most in Winona's black community believe Flowers is innocent, based on his reputation as an easygoing guy who like his father, the manager of a popular convenience store, sang in a gospel choir.

    They also believe that the circumstantial evidence was not strong enough for a conviction.

    Such debate presumably took place outside the notice of the jury, which was sequestered for the duration of the trial. Jurors were instructed by the judge to limit their knowledge of the case to what they heard from the witnesses in the courtroom.

    Several prosecution witnesses testified that they saw Flowers the morning of the shootings, including a woman who told the jury that she saw him running from the store at about the time of the killings. To rebut her testimony, the defense called the woman's sister, who said she was at her house that morning.

    Another witness who worked at a now defunct garment factory with Flowers' uncle testified that she saw Flowers in the factory parking lot near his uncle's car before the shootings. The uncle, Doyle Simpson, testified that a .380-caliber pistol was stolen from his car that morning.

    A prosecution firearms analyst told jurors that he was able to match shell casings from the crime scene to spent rounds that Simpson provided to investigators, which he claimed were fired by the stolen gun. A firearms expert for the defense, however, testified that he could not arrive at the same conclusion without having access to the murder weapon or Simpson's gun, neither of which was ever recovered.

    The prolonged legal ordeal has turned those involved into amateur experts in the justice system. Knowing from previous experience that a death sentence triggers an automatic appeal, the victims' families got together before the 4th trial and asked prosecutor Doug Evans to take the death penalty off the table.

    If Flowers were convicted and sentenced to life without parole, they reasoned, he would have to convince a higher court to consider his appeal based on its merits.

    "I support the death penalty, but it's not gonna bring Bobo back," said Stewart's brother, Dale, over lunch Thursday at the Mexican restaurant in Winona.

    "It would be worth it for him to get life so we can move on."

    (Source: CNN)

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    June 21, 2010

    Jury sentences Curtis Flowers to death

    WINONA — Curtis Giovanni Flowers should die for killing four people in a furniture store in 1996, jurors said today.

    After deliberating for about 90 minutes, jurors gave Flowers the death penalty for four counts of capital murder.

    They had found him guilty Friday after 30 minutes of deliberation.

    "If anyone deserves the death penalty, Flowers does," said prosecutor Doug Evans.

    The defense unsuccessfully renewed its request for a mistrial.

    The sentence comes after Flowers' sixth trial in the shooting deaths of Tardy Furniture store owner Bertha Tardy and three of her employees.

    Killed were Tardy, 59; bookkeeper Carmen Rigby, 45; delivery worker Robert Golden, 42; and part-time employee Derrick Stewart, 16.

    The state Supreme Court reversed three earlier convictions against Flowers, and two trials ended in mistrials.

    "All I wanted was justice for my 16-year-old son," said Randy Stewart, father of victim Derrick Stewart.

    http://www.clarionledger.com/article...owers-to-death

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    August 6, 2010

    Judge: Death sentence stands in Winona slayings


    The trial judge in Curtis Giovanni Flowers’ sixth trial has denied his motion to throw out his conviction and death sentence.

    Circuit Judge Joseph Loper Jr. issued a 42-page opinion Friday denying Flowers motion to throw the jury verdict or as an alternative grant him a new trial.

    One of the grounds Flowers cited by Flowers for a new trial was that too few African Americans were among the final jury pool.

    The jury, which was sequestered, was made up of 11 whites and one African American.

    But Loper said in his opinion that Flowers had the option of seeking a change of venue if he was concerned about whether he could receive a fair trial in the county where the crime was committed.

    “On two previous occasions, Flowers sought and was granted changes of venue. He chose not to seek one again,” Loper said. “ Flowers certainly had the constitutional right to be tried in the county where the crimes were committed. However, he should not be heard to complain about the racial makeup of the jury, since the overwhelming majority of the members of his race stated that they could not sit in judgment of him because of kinships, friendships, and family ties.”

    The jury that was drawn represented a fair cross-section of Montgomery County, Mississippi, Loper said.

    “Additionally, given the prominence of the Flowers family in Montgomery County and given their large extended family, it is far from certain that another venire would have resulted in more African Americans serving on the jury,” he said.

    Flowers was convicted and sentenced to death in June for killing Winona furniture store owner Bertha Tardy and three of her employees in 1996.

    Flowers was first convicted in 1997 for killing Bertha Tardy and then in 1999 for killing Derrick Stewart. He received the death penalty in both trials, but the state Supreme Court reversed the convictions on appeal.

    In 2004, Flowers was tried when all four killings were consolidated into one trial, and he again received the death penalty. The Supreme Court reversed that decision as well.

    Flowers' next two trials ended in mistrials, one in 2007 and the other one in September 2008.

    http://www.clarionledger.com/article...06026/1263/RSS

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    Curtis Flowers appealing fourth conviction of 1996 Winona murders

    Over the course of six trials, Curtis Giovanni Flowers has been convicted four times for the 1996 slayings of four workers at a Winona furniture store. Now, he is back before the Mississippi Supreme Court asking that his conviction and sentence be tossed out.

    Two trials in Montgomery County ended with hung juries. Three trials ended in convictions, but the high court reversed them. Flowers' fourth conviction came in 2010. He was sentenced to death.

    In the latest high court case, prosecutors have until Aug. 19 to file a response to Flowers' arguments. Flowers' attorney will then have until Sept. 18 to file a rebuttal.

    Flowers was convicted of capital murder for the July 16, 1996, fatal shootings of Tardy Furniture store owner Bertha Tardy, 59; and employees Carmen Rigby, 45; Robert Golden, 42; and Derrick "BoBo" Stewart, 16. All had been shot in the head.

    Prosecutors described Flowers as a disgruntled employee who'd been fired from his job at the store. They said Flowers didn't receive his last paycheck because the owner kept it as payment for golf cart batteries she believed he had damaged.

    Defense attorneys argued that Flowers was at a relative's home at the time of the murders and that no one saw him go in or come out of the store on the day of the murders.

    In a brief filed June 18, Flowers' attorney, Alison Steiner, argues that the prosecution's evidence is "so flimsy as to be constitutionally insufficient to sustain the convictions."

    "No physical evidence ever linked Flowers to the crimes, but the prosecution presented a series of witnesses intended to show that he could have stolen (a) gun, and was in the vicinity of the furniture store on the morning of the murders," Steiner wrote.

    Among those testifying at Flowers' 2010 trial was a woman who said she saw Flowers running out of the store at the time of the killings. Another witness, a firearms expert, testified that the residue found on Flowers' right hand the day of the slayings was in a spot consistent with firing a handgun.

    "The prosecution supplemented that testimony by attempting to connect Flowers to an empty box that once contained shoes of a make and model that could have produced a bloody print observed at the crime scene," Steiner said.

    http://www.clarionledger.com/viewart...Winona-murders
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    Mississippi attorney general given more time to respond in Death Row inmate's appeal

    The attorney general’s office has been given more time to respond to Curtis Giovanni Flowers’ latest appeal of his conviction for the 1996 slayings of four workers at a Winona furniture store.

    The Mississippi Supreme Court has given Atty. Gen. Jim Hood until Sept. 18 to respond to Flowers’ arguments. Flowers’ attorney will then have until Oct. 18 to file a rebuttal.

    Two trials in Montgomery County ended with hung juries. Three trials ended in convictions, but the high court reversed them. Flowers’ fourth conviction came in 2010. He was sentenced to death.

    Flowers was convicted of capital murder for the July 16, 1996, fatal shootings of Tardy Furniture store owner Bertha Tardy, 59; and employees Carmen Rigby, 45; Robert Golden, 42; and Derrick “Bobo” Stewart, 16. All had been shot in the head.

    Prosecutors described Flowers as a disgruntled employee who had been fired from his job at the store. They said Flowers didn’t receive his last paycheck because the owner kept it as payment for golf cart batteries she believed he had damaged.

    Defense attorneys argued that Flowers was at a relative’s home at the time of the slayings and that no one saw him go in or come out of the store on the day of the deaths.

    In a brief filed June 18, Flowers’ attorney, Alison Steiner, argues no physical evidence links Flowers to the crimes. She said prosecutors presented a series of witnesses intended to show that Flowers could have stolen a gun and was in the vicinity of the furniture store on the morning of the murders, Steiner wrote.

    Among those testifying at Flowers’ 2010 trial was a woman who said she saw Flowers running out of the store at the time of the killings. Another witness, a firearms expert, testified that the residue found on Flowers’ right hand the day of the slayings was in a spot consistent with firing a handgun, according to the court record.

    http://www.commercialappeal.com/news...-more-time-to/
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    Mississippi high court hears appeal in '96 slayings

    Prosecutorial errors resulted in a Montgomery County jury convicting Curtis Giovanni Flowers a fourth time in the deaths of four workers at a Winona furniture store 18 years ago, defense attorneys argued Monday to the Mississippi Supreme Court.

    In six trials, Flowers has been convicted four times for the 1996 slayings of four workers at a Winona furniture store.

    Two trials in Montgomery County ended with hung juries. Three trials ended in convictions, but the high court reversed them. The fourth conviction came in 2010. Flowers was sentenced to death.

    Flowers, now 44, was convicted of capital murder for the July 16, 1996, fatal shootings of Tardy Furniture store owner Bertha Tardy, 59; employees Carmen Rigby, 45; Robert Golden, 42; and Derrick “BoBo” Stewart, 16. All had been shot in the head.

    Sheri Lynn Johnson, a Cornell University law professor and assistant director of the Cornell Death Penalty Project, told the court there were holes in the prosecutors’ case against Flowers and they chose to plug those holes with misstatements to the jury about witness identification, Flowers’ actions on the day of the slayings and misrepresentations about other evidence.

    Special Asst. Atty. Gen. Melanie Thomas said there is testimony from witnesses who put Flowers near the murder weapon, near the crime scene, with the missing money, with gunpowder on his hand, and with a reason to kill the employees of Tardy Furniture.

    And “factually we can say he had a beef with the store, he had problems with the store,” Thomas said.

    Thomas said court records and testimony show Flowers was a disgruntled employee who’d been fired from his job at the store. She said Flowers didn’t receive his last paycheck because the owner kept it as payment for golf cart batteries she believed he had damaged.

    Johnson said there was no evidence to support allegations that Flowers was angry with Bertha Tardy.

    “No one ever said he was mad,” Johnson said.

    Thomas said other family members told prosecutors that Bertha Tardy said she feared Flowers.

    http://www.commercialappeal.com/news...yings_23289081
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    Flowers v. Mississippi

    Court: Mississippi Supreme Court

    Opinion Date: November 13, 2014

    This was Curtis Flowers's fourth direct appeal stemming from the 1996 murders of four employees of a Winona furniture store. A grand jury indicted Flowers on four separate counts of capital murder, with the underlying felony of armed robbery, for the murders of Bertha Tardy, Robert Golden, Carmen Rigby, and Derrick Stewart. In his sixth and most recent trial, Flowers was convicted on all four counts of capital murder and sentenced to death. Flowers appealed his convictions and death sentence. Finding no reversible error, the Supreme Court affirmed his conviction and sentence.
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    Death row inmate appeals to U.S. Supreme Court

    A Mississippi death row inmate is asking the U.S. Supreme Court to hear his appeal of his fourth conviction in the 1996 slayings of four workers at a Winona furniture store.

    An attorney for Curtis Giovanni Flowers filed the petition June 23 with the nation's high court.

    Flowers had been convicted four times for the slayings.

    The fourth conviction came in 2010. The Mississippi Supreme Court upheld his death sentence last fall. The court's majority denied Flowers' arguments that prosecutors made misstatements to the Montgomery County jury about witness identification, Flowers' actions on the day of the slayings and other evidence.

    Flowers was convicted of capital murder in the fatal shootings of Tardy Furniture store owner Bertha Tardy and three employees.

    Prosecutors must respond to the petition by July 29.

    http://www.wapt.com/news/mississippi...court/33957070
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    Key witness in Tardy murders pleads guilty in triple homicide

    By Jeff Amy
    The Associated Press

    WINONA, Miss. - A 12-year-old who narrowly escaped being shot by his father watched in a Mississippi courtroom Wednesday as the man told a judge he killed the boy’s mother, grandmother and another man.

    Odell Hallmon pleaded guilty in Winona to three counts of first degree murder only two weeks after the April 27 shootings. The 40-year-old also pleaded guilty to aggravated assault in the shooting of a man who survived and to being felon in possession of a firearm.

    Hallmon had already spent more than 15 years in state prison on three felony convictions. Under Mississippi’s habitual offender law, Hallmon will never be eligible for parole. Montgomery County Circuit Judge Joey Loper sentenced him to three life terms for the slayings, plus 20 years for the assault and 10 years for the gun charge.

    “It’s hard for the court to understand the hatred in someone’s heart and the darkness and evil in someone’s soul that would cause you to do this,” Loper said.

    Hallmon himself offered no explanation, occasionally answering Loper in a whisper, and his lawyer declined comment.

    “He just said he got mad and flipped out,” Montgomery County District Attorney Doug Evans said.

    Montgomery County Sheriff Jerry “Bubba” Nix said the crimes appeared to be the product of domestic jealousy and drug dealing, and Hallmon told investigators he had planned to shoot others as well.

    “He said he was going to kill them all and kill more,” Nix said.

    The victims included Hallmon’s former girlfriend, 32-year-old Marquita Hill, and her mother, 59-year-old Carolyn Ann Sanders. Nix said Hallmon fired a shot into a closet where his and Marquita Hill’s 12-year-old son was hiding, but the boy wasn’t physically injured. Nix said Marquita Hill had thrown Hallmon out of their Kilmichael home less than a month before the shootings and Hallmon told investigators he believed she was seeing another man.

    After that shooting, about 2 a.m. April 27, Nix said Hallmon went to Marcus Brown’s Kilmichael home and shot him five times. Brown survived, attending Wednesday’s hearing in a wheelchair. Hallmon then drove 11 miles to Winona and shot 32-year-old Kenneth C. Loggins once, killing him, Nix said. The sheriff said that he believed both those crimes were related to drug dealing and that Hallmon told investigators someone had fired a gun into his trailer earlier in April. Hallmon had been released from prison in August after a 10-year term for cocaine possession.

    Evans said in court that besides the son and Brown, witnesses included others at the homes of Brown and Loggins. He also said evidence from Hallmon’s vehicle was recovered at Loggins’ home. Nix said deputies were still looking for the gun, believed to be a Glock 9mm pistol.

    Relatives of Marquita Hill said after the sentence that they were still stunned at Hallmon’s acts.

    “How could you do this, you know, to commit such a horrific crime in front of your son?” asked Ashley Hill, a sister of Marquita Hill. “We don’t know what triggered it, what he was thinking, any of that.”

    They expressed satisfaction at Hallmon’s life-without-parole sentence.

    “We’re glad, so he can’t hurt nobody else,” said Kristy Hill, another sister. “He’s hurt our family enough. I can’t call my mama anymore on a Sunday and say ‘What are you cooking?’”

    Hallmon turned himself in within hours of the shootings, and Nix said that by the next day, he was telling investigators that he wanted to plead guilty.

    “He was ready to sign a life sentence and get out of here,” Nix said.

    In this 11,000-resident county, the next grand jury wasn’t supposed to meet until October. But Evans recalled a grand jury that met earlier in April, and it indicted Hallmon hours before he appeared in court. Evans emphasized in court that he’d shared his case file with the defense to make sure the lawyer and Hallmon made an informed decision.

    Hallmon faced the judge in the same courthouse where he testified as a jailhouse informant against a suspect in the killing of four people at a Winona furniture store. That case drew wide attention because the suspect stood trial six times.

    In the second trial, Hallmon testified for the defense of Curtis Giovanni Flowers, but later flipped, claiming his earlier testimony was a lie. He then testified in the last four trials that Flowers had confessed to the killings while they shared a cell at the Mississippi State Penitentiary at Parchman. After three convictions were overturned on appeal and two hung juries, Flowers was finally convicted in the killings of four people in a furniture store and now sits on death row.

    In at least one of those trials, Hallmon testified that he had AIDS.

    Evans, the lead prosecutor in the Flowers trials, said Hallmon hadn’t gotten out of prison early because of his testimony.

    http://www.clarionledger.com/story/n...plea/84245464/

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