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Thread: Isiah Otis Wilmont McCoy - Delaware

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    Isiah Otis Wilmont McCoy - Delaware


    James J. Munford died after being shot in a Rodney Village area bowling alley parking lot in May 2010.




    October 11, 2012

    Judge sentences convicted murderer McCoy to death

    By Craig Anderson
    Delaware State News​

    DOVER – A yawning Isaiah W. McCoy received a death sentence Thursday morning in Kent County Superior Court, though the Dec. 11, 2012 execution date may be delayed by an automatic appeal to the Delaware Supreme Court.

    Resident Judge William L. Witham Jr. concurred with a Kent County jury’s recommendation that the Dover resident should be put to death after his conviction on a first-degree capital murder charge and other offenses last summer relating to the May 4, 2010 shooting death James Mumford of Salisbury, Md. man in a drug deal gone awry at a Rodney Village bowling alley.

    Mr. McCoy has been incarcerated at James T. Vaughn Correctional Center near Smyrna since his arrest for the crime, which also included convictions on first-degree robbery, possession of a firearm during the commission of a felony and second-degree conspiracy counts. Those charges also brought a combined 61 years of incarceration in a decision that was announced Thursday.

    http://delaware.newszap.com/centrald...icted-murderer

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    ISIAH MCCOY v STATE OF DELAWARE

    Opinion Date: January 20, 2015

    Court: Delaware Supreme Court

    Isaiah McCoy was tried by jury and ultimately sentenced to death. Seven counts were submitted for the jury to decide; McCoy was found guilty as to all but Count 7. Following his convictions for first degree murder, the trial court held a capital murder penalty hearing, after which, the jury found several aggravating circumstances. On appeal, McCoy raised five grounds on which his convictions should have been reversed. After review of all five, the Supreme Court concluded: (1) the trial court committed reversible error when it improperly denied McCoy's right to exercise a peremptory challenge to strike a potential juror; (2) it was reversible error when the prosecutor improperly vouched for the credibility of a key witness for the State; and (3) the pervasive unprofessional conduct of the prosecutor that permeated the proceedings compromised McCoy's right of self-representation. The Court found the other two issues McCoy raised on appeal were without merit. The case was reversed and the matter remanded for a new trial.
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    Man moved out of solitary pending murder retrial

    A Kent County man whose conviction and death sentence were overturned by the Supreme Court will be released from solitary confinement as he awaits a retrial.

    A Superior Court judge agreed to move Isaiah W. McCoy, 28, into general population at the James T. Vaughn Correctional Center, according to a spokesman for the Department of Justice.

    McCoy was convicted in the 2010 killing of 30-year-old James Mumford during a drug deal in the rear parking lot of the Rodney Village Bowling Alley in Dover.

    McCoy was on death row in January when Delaware’s highest court overturned his conviction and ordered a retrial. The court cited errors the judge and prosecutor made during McCoy’s trial.

    The prosecutor, R. David Favata, was suspended from practicing law for six months and one day for repeatedly belittling McCoy and lying to the judge during the trial.

    http://www.delawareonline.com/story/...rial/71528772/
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    Ex-death row inmate receives custody hearing by Del. judge

    A state Supreme Court overturned the man's conviction and death sentence last January, citing errors by the trial judge

    By Randall Chase
    The Associated Press

    DOVER, Del. — A Delaware judge is holding a hearing regarding the custody status of a former death row inmate whose conviction and death sentence were overturned last year.

    Wednesday's scheduled hearing comes four months after the judge granted a request by Isaiah McCoy to be released from solitary confinement and transferred into the general prison population while awaiting a retrial for a 2010 drug-related killing outside a Dover bowling alley.

    In a letter sent to Judge Robert Young on Monday, McCoy's attorney, Herbert Mondros, said the state was retaliating against McCoy for challenging the conditions of his pretrial confinement.

    In his August ruling, Young noted that McCoy had spent more than five years in solitary confinement, although during much of that time he was presumed innocent, either awaiting trial or after his conviction was overturned. He also noted that solitary confinement impeded McCoy's ability to meet with his lawyers.

    After Young denied the state's request to reconsider his ruling, prison officials put McCoy in electronic shackles and transferred him from the maximum-security prison in Smyrna to Howard Young correctional institution in Wilmington, according to Mondros. At Howard Young, McCoy was put in solitary confinement for a 24-hour "suicide watch," then placed in administrative segregation for 10 days, Mondros wrote.

    Mondros said the state has continued to restrict McCoy's access to the prison law library, and that defense attorneys have not been allowed face-to-face visits with him outside the earshot of prison guards. On a recent visit, Mondros wrote, he and a defense investigator were on one side of a Plexiglas window while McCoy stood in a cubicle on the other side with prison guards loitering behind him.

    "Suffice it to say, this was no way to prepare for a capital murder trial," Mondros wrote.

    The state Supreme Court overturned McCoy's conviction and death sentence last January, citing errors by the trial judge and "pervasive" unprofessional conduct by prosecutor R. David Favata. Favata's conduct included vouching for a prosecution witness, lying to the court, and making disparaging and threatening remarks intended to be overheard by McCoy, who was representing himself.

    In July, the Supreme Court ordered a six-month suspension for Favata, who had retired in March, and said he would have to establish his rehabilitation before he could practice law again.

    http://www.correctionsone.com/capita...-by-Del-judge/

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    Justices nix ruling on confinement of ex-death row inmate

    DOVER, Del. (AP) - Delaware's Supreme Court has overturned a judge's order transferring a former death-row inmate awaiting retrial from maximum security to the general prison population.

    The court ruled last week that the judge had no authority to order Isaiah McCoy transferred last year. The judged cited the emotional and physical impact of solitary confinement. McCoy's lawyers also argued he was denied access to the law library and was unable to meet privately with them outside the presence of prison guards.

    The justices agreed with prison officials that the judge had no authority under state law to second-guess their inmate housing classification system and order an inmate transferred.

    The Supreme Court previously said McCoy deserved a new trial involving a 2010 drug-related killing in Dover because of errors by the judge and prosecutor.

    http://www.wmdt.com/news/more-local-...nmate/40368506

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    Attorneys meet in advance of ex-death row inmate’s retrial

    DOVER, Del. — Attorneys are meeting with a judge in advance of the retrial of a former death-row inmate for a drug-related killing.

    Monday’s pretrial conference involves the prosecution of Isaiah McCoy, who was convicted in the 2010 death of 30-year-old James Mumford in Dover.

    Delaware’s Supreme Court last year ordered a new trial for McCoy because of errors by the judge and prosecutor at his first trial.

    Last month, the Supreme Court overturned a judge’s order sending McCoy from maximum security to the general prison population pending his retrial, saying the judge had no authority to order McCoy transferred.

    The judge cited the emotional and physical impact of solitary confinement on McCoy. His lawyers also said he was denied access to the law library and was unable to meet privately with them.

    https://www.washingtonpost.com/natio...0e9_story.html
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    Pretrial hearing set in ex-death row inmate's retrial

    DOVER, Del. (AP) - A judge is holding a pretrial hearing to discuss evidentiary issues in the prosecution of a former death-row inmate for a drug-related killing.

    Friday's discovery hearing involves Isaiah McCoy, who was convicted in the 2010 death of 30-year-old James Mumford in Dover.

    Delaware's Supreme Court last year ordered a new trial for McCoy because of errors by the judge and prosecutor at his first trial.

    In July, the Supreme Court overturned a judge's order sending McCoy from maximum security to the general prison population pending his retrial, saying the judge had no authority to order the transfer.

    The judge cited the emotional and physical impact of solitary confinement on McCoy. His lawyers also said he was denied access to the law library and was unable to meet privately with them.

    http://www.wmdt.com/news/more-local-...trial/41792680

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    Dover murder retrial begins for former death row inmate

    A former death row prisoner has rejected a plea offer and will proceed to trial Monday morning on allegations that he killed a man during a Dover drug deal.

    Isaiah McCoy, 29, told Superior Court Judge Robert B. Young that he is innocent and would not take a deal in which he would plead guilty to manslaughter and a gun charge, which would carry a five- to 50-year sentence.

    Instead, a non-jury trial before Young is scheduled to begin at 9 a.m. in the Kent County Courthouse. The trial could last all week.

    McCoy was arrested in May 2010 in connection with the killing of 30-year-old Jeffrey Munford during a drug deal gone awry in the rear parking lot of the Rodney Village Bowling Alley in Dover.

    A jury found him guilty of murder in June 2012, but the Delaware Supreme Court overturned his conviction and death sentence.

    The justice did so because of the prosecutor's conduct at McCoy's first trial. Former Deputy Attorney General R. David Favata belittled McCoy, who was representing himself, and lied to a judge during the trial, leading the Supreme Court to order a retrial and suspend Favata from practicing law for six months and one day, the court said.

    http://www.delawareonline.com/story/...mate/96199288/
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    McCoy declines to testify in murder trial

    DOVER — Prosecutors have banked heavily on accomplice witness testimony about the alleged May 4, 2010, drug deal turned fatal robbery.

    But, at trial on Wednesday the defense pointed to a lack of evidence beyond the witness statements it deemed ever-changing and unreliable.

    The defendant, Isaiah W. McCoy, 29, of Dover, is charged with first-degree murder in the death of Salisbury, Maryland resident James J. Munford, 30, after allegedly driving to meet him in a Rodney Village area bowling alley parking lot.

    He also faces charges of first-degree robbery, possession of a firearm during the commission of a felony, and second-degree conspiracy.
    Deputy Attorneys General Stephen Smith and Greg Babowal are prosecuting the case.

    Superior Court Judge Robert B. Young will decide Mr. McCoy’s fate in the bench trial. Closing arguments are scheduled for 9 a.m. today.

    At the end of the fifth day of proceedings, Mr. McCoy chose not to testify, which Judge Young noted was his right and would not be held against him.

    The defendant indicated he initially wanted to take the stand before attorneys Michael Wiseman and Herb Mondros convinced him not to. Mr. McCoy said he fully understood the ramifications of his decision.

    “They kind of out-voted me and I agreed after the vote was taken …,” Mr. McCoy said. He wore glasses with a dress jacket and slacks while standing at a podium before Judge Young. “In collaboration with my counsel I have chosen not to testify.”

    The defendant’s testimony from the first trial was entered into evidence. Mr. McCoy denied receiving a stolen firearm shortly before the incident.

    The defendant has served more than 6 1/2 years. The Delaware Supreme Court declared a mistrial following a 2012 conviction based on the actions of a prosecuting attorney and judge.

    Mr. McCoy was housed on death row after the eventually vacated conviction and removed as the Supreme Court discussed the constitutionality of the state’s death penalty statute.

    State Police investigation

    On Wednesday morning, Delaware State Police Detective Mark Ryde testified that a high school-age witness earlier claimed he gave someone named “Isaiah” a stolen gun from the Camden area within approximately 24 hours prior to the shooting,

    Det. Ryde testified there was no evidence showing Mr. McCoy being at the scene other than the accomplice witness testimonies of Mr. Munford’s girlfriend and Mr. McCoy’s nephew.

    Besides the two accomplice testimonies, investigators said there was no other confirmation that Ecstasy pills were forcibly taken. Mr. Munford had parked his SUV at the bowling alley and met two persons before a deadly incident, according to their testimony.

    No fingerprint or DNA evidence was recovered, Det. Ryde testified. No cell phone records showed Mr. McCoy bragging or making an admission of guilt. Det. Ryde said an interview ploy included telling Mr. McCoy investigators had his phone records when they were to be subpoenaed.

    While Det. Ryde testified that he couldn’t be certain Mr. McCoy was seen on any crime scene video, he based his opinion on the defendant’s nephew and Mr. Munford’s girlfriend indicating he was there.

    An original kidnapping charge against Mr. McCoy was dropped after Mr. Munford’s girlfriend was found to be untruthful about the circumstances, Det. Ryde testified.

    No gunshot residue was collected from the SUV, clothing or hands of Mr. Munford, the detective said. No forensic evidence showed bullets were fired inside the vehicle. Also, according to police, no crime scene reconstruction was conducted.

    While Mr. McCoy’s nephew testified that he had met him at Autumn Run Apartments while visiting his girlfriend before the alleged incident, Det. Ryde said no interview of the girlfriend was conducted and it was not determined whether she was an actual person.

    Questioned by Mr. Wiseman, Det. Ryde agreed that the bowling alley motion-activated video system wasn’t fully reliable. The defense questioned a 17-minute gap in video regarding the purported events.

    Reviewing past testimony


    A high school-age witness testified at the first trial that she was nearby when the shooting occurred. But she didn’t pick Mr. McCoy out of a photo lineup.

    The detective couldn’t recall why the person who was picked was not investigated further.

    The witness could not be located on Wednesday and testimony from the previous trial was read into the record.

    Previously, the witness testified to seeing two men, one taller and wearing a black hat with a red insignia acting “oddly” while talking to occupants in the SUV. She got only a partial look at their faces during the one to two seconds as they acted like they wanted the girl to stay out of their business, according to testimony.

    Det. Ryde reported that investigators located a black hat with a red insignia in the basement of the home that Mr. McCoy had access to. The witness testified it was what she saw.

    At the first trial when Mr. McCoy represented himself the witness said he was not the person she had seen in the bowling alley parking lot.

    Det. Ryde said that somewhere between 10 to 40 .22 caliber rounds were found in the SUV’s center console between the driver and passenger bucket seats and he didn’t recall if they were loose or in a box. The detective described them as long rifle bullets. He also said they could be fired from a revolver.

    According to the detective, Mr. Munford was felled by a .38 caliber bullet. An identical round was located in the parking lot.

    While a police radio transmission reported a small person had been seen fleeing from the vehicle, Det. Ryde said it was unknown if Mr. Munford was the person.

    It was mutually agreed that Mr. McCoy stands approximately 6-feet tall, his nephew just under 5-11 and Mr. Munford 5-8.

    Inmate takes stand

    An inmate at James T. Vaughn Correctional Center near Smyrna testified in the afternoon. He said Mr. McCoy’s nephew had taken responsibility for the shooting during a prison conversation. He said he had passed that information along to the defendant’s previous counsel.

    The inmate said he didn’t inform police, the nephew or the attorney general’s office about the alleged disclosure.

    The judge determined that the testimony was not allowed to show proof or guilt, only to possibly impeach the nephew’s earlier stance that he was not the shooter.

    The inmate, awaiting trial on a weapon by person prohibited and assault allegations, acknowledged being on suicide watch in the prison infirmary the night before. But he said he only claimed self-harm worries to observe females in that section of the prison known as “Cocoa Beach” and being a prison-style “vacation” destination.

    The inmate said he believed he would return to his regular cell on Wednesday night. He said he was focused on being back in time to watch the Packers-Falcons and Steelers-Patriots National Football League conference championships on Sunday, which wasn’t possible in the infirmary.

    Mr. Munford described

    A man who described Mr. Munford and himself as best friends at the time of his death in 2010 testified to often accompanying the late man on Ecstasy pill deals. The late man was always armed with a firearm when dealing, he said.

    The witness has served approximately 18 months at JTVCC on racketeering and drug dealing convictions. He testified to also having numerous burglary, theft, shoplifting, theft by false pretense, and bad check cases on his record.

    When he knew Mr. Munford, they worked together on a trash truck in the Seaford area. They spent much time together even after hours, going to the beach, partying and drinking, according to testimony.

    Regarding Ecstasy pills, he said Mr. Munford “always had them, we always had them.” The pills were sold at clubs and bars and in the man’s hometown, he said, sometimes when they were working.

    “I was with him a lot,” he said. “We were together a lot.”

    The man testified to last seeing Mr. Munford on the night of his death when he declined joining him on the trip to the bowling alley with him and his girlfriend.

    “He wanted me to go with him [and said] he was meeting some people he didn’t know,” the man said.

    The man declined to go because he had been away from home for three days and “my wife wouldn’t have it.”

    The prosecution focused on inconsistencies in the man’s testimony regarding police interviews and what caliber firearms Mr. Munford possessed. The man said he had not told the truth at times, and noted he was often under the influence of a lot of drugs during that period.

    “My best friend had just gotten shot and I didn’t want to put anything more on him,” said the man. He added that he typically did not talk to police and was trying to help Mr. Munford out.

    The man said he would have been surprised if no .22 caliber weapon was found in the SUV at the time of the shooting.

    Mr. Munford’s mother, who traveled from North Carolina to attend the trial’s opening last week and hasn’t missed a day since, sat in the gallery with her eyes mostly closed and occasionally tearing up slightly, turning away from the front of the court and sometimes trying quietly to maintain her composure.

    http://delawarestatenews.net/news/mc...-murder-trial/

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    Not guilty: Former death row inmate to go free

    A judge has found Isaiah McCoy, an inmate on death row for years before he was granted a retrial, not guilty of killing a man during a drug deal in a Dover bowling alley in 2010.

    McCoy, 29, is expected to go free just hours after Kent County Superior Court Judge Robert B. Young issued the verdict Thursday afternoon.

    "He is extremely emotional," McCoy's attorney, Herbert Mondros, said. "Imagine a guy who had just spent the last six-and-a-half years on death row, in isolation, to now be essentially exonerated."

    Prosecutors accused McCoy of shooting to death 30-year-old James Munford during a drug deal in the rear parking lot of the Rodney Village Bowling Alley on May 4, 2010. The deal was supposed to be for 200 ecstasy pills and crack cocaine, but during the transaction, McCoy pulled out a gun and shot Munford, according to White.

    A jury found McCoy guilty of murder in June 2012, but the Delaware Supreme Court later overturned his conviction and death sentence. The court did so because a former deputy attorney general belittled McCoy, who was representing himself, and lied to a judge during the trial, the court said.

    A spokesman for the Department of Justice called the latest verdict disappointing.

    “While we are disappointed with the outcome of this case, we respect the decision of this court. This was a difficult case and the court indicated the basis for its decision at the time of the verdict," Carl Kanefsky said.

    http://www.delmarvanow.com/story/new...free/96786930/
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