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  1. #1

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    Alfred Brian Mitchell - Oklahoma Death Row


    Elaine Scott




    Summary of Offense:

    He raped and killed Tulsan Elaine Scott in 1991 at an Oklahoma City recreation center and was convicted in 1992. Mitchell was released from a juvenile detention center about two weeks before the murder. He had raped a 12-year-old in 1988, when he, too, was a teenager. The earlier victim testified during the sentencing phase of Mitchell's 1992 trial. Scott was working part-time at the recreation center when Mitchell entered the center and attacked her.

    Scott was sentenced to death for the third time on January 16, 2008.

  2. #2

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    January 17, 2008

    OKLAHOMA CITY -- Convicted killer Alfred Brian Mitchell was formally sentenced to death for the third time on Wednesday.

    Twice before, appeals courts have tossed out his death sentences for the 1991 slaying of Elaine Marie Scott.

    A third Oklahoma County jury handed Mitchell the death sentence again last month.

    "To the Scott family, I am sorry for any of the things I have done over the years to cause any pain, suffering or bitterness," Mitchell, clad in a bright orange jail shirt and pants and shackled at the wrists and ankles, said at his formal sentencing.

    Scott's parents, Ann and Bruce Scott of Tulsa, and her brother, David Scott of Norman, listened to the proceedings in Oklahoma County District Judge Virgil C. Black's courtroom.

    "I think it is about 17 years too late," said Ann Scott, who was wearing a button bearing a picture of her daughter. "Do I believe him? No."

    Bruce Scott, also wearing a button with their daughter's picture on it, said this was "the first time I've heard him apolo gize."

    He called the apology self-serving and half-hearted, adding that if Mitchell were serious, he would drop his appeals and accept his punishment.

    Scott, a 21-year-old Jenks High School graduate and University of Oklahoma student, was working at the Pilot Recreation Center in Oklahoma City in 1991 when Mitchell stabbed her with a mathematical compass and beat her with a golf club and coat rack.

    Mitchell, 35, was convicted of Scott's murder and sentenced to death in 1992, but that sentence was reversed by a federal appeals court, in part because of false and misleading testimony given by former Oklahoma City forensic chemist Joyce Gilchrist.

    Mitchell was resentenced to death by another jury, but the Oklahoma Court of Criminal Appeals overturned that sentence in May 2006.

    "I'm confident the sentence will stand and this painful chapter (the resentencing hearings) in this family's history will be over," Oklahoma County District Attorney David Prater said. "I fully understand that they will live with this the rest of their lives."

    Additional appeals are expected.

    (Source: newsok.com)

  3. #3

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    On July 1, 2010, the Oklahoma Court of Criminal Appeals upheld Mitchell's death sentence on direct appeal.

    Opinion is here:

    http://www.oscn.net/applications/osc...?citeid=459761

  4. #4

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    July 2, 2010

    OKLAHOMA CITY (AP) - A state appellate court has upheld the third death sentence for a man convicted of the 1991 murder of a University of Oklahoma student.

    The Oklahoma Court of Criminal Appeals on Thursday affirmed the death penalty given to Alfred Brian Mitchell by an Oklahoma County jury in December 2007.

    Mitchell was convicted of first-degree murder and sentenced to death for fatally bludgeoning Elaine Marie Scott at the Pilot Recreation Center in Oklahoma City.

    The 21-year-old victim was found naked in a pool of blood. She had been beaten with a golf club and coat rack and stabbed with a compass.

    While the murder conviction has been upheld, death sentences for Mitchell were overturned in 2001 and 2006 by appeals courts that cited improper evidence, prosecutorial misconduct and judicial bias.

    http://www.kswo.com/global/story.asp?s=12744598

  5. #5
    Administrator
    Heidi's Avatar
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    In today's United States Supreme Court orders, Mitchell's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

  6. #6
    Administrator
    Moh's Avatar
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    On April 19, 2011, Mitchell filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/okl...cv00429/80196/

  7. #7
    This is awkward. If his first death sentence was overturned in 2006 and he was resentenced to death in 2007 with the Oklahoma Court of Criminal Appeals affirming his conviction/death sentence the 2nd time in 2010, then what is the status is Mitchell's Postconviction Relief motion? Those alone usually take anywhere from 3-4 years in the trial courts.

  8. #8
    Senior Member
    JLR's Avatar
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    Done a bit of research and his post-conviction relief was denied by the Oklahoma Court of Criminal Appeals back in 2010.

    http://www.oscn.net/applications/osc...4&db=Appellate

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