Facts of the Crime:
Sentenced to death on May 3, 1994 for the murder of Brandie Jean Freeman ("Brandie"). Brandie Jean Freeman was two years old at the time of her death. Elliott was the boyfriend of Brandie's mother, Bobbie Linker. Soon after moving into their home in November of 1992, Elliott began taking care of Brandie while her mother was at work. Ms. Linker permitted defendant to discipline Brandie; and the evidence suggested that Brandie sustained bruises, black eyes, and other injuries while in Elliott's care. After Ms. Linker became concerned that Elliott was spanking Brandie too hard, Elliott began using the "punishment position," a form of discipline described by witnesses as requiring Brandie to lie on her stomach with her arms and legs raised for ten to twenty minutes.
On the morning of January 3, 1993, Bobbie Linker went to work and left Brandie in Elliott's care. Several hours later Brandie woke Elliott and told him that she had "poopied" in her pants. This made him angry. He cleaned and changed the victim and told her to assume the punishment position. he went to the kitchen to get a glass of water for himself. When he returned Brandie was in the punishment position with her head raised. He grabbed Brandie by the hair on the back of her head and slammed her head to the floor six or seven times. He asked the child if she was okay, and Brandie attempted to raise her arm and put it around defendant's neck. When he failed to get any further response from Brandie, he shook her, slapped her, and hit her in what he claimed was an effort to obtain a response.
As part of this effort, defendant took Brandie to the bathroom, where he ran water over her and continued to hit and slap the child repeatedly. At 11:45 a.m., forty-five minutes after slamming Brandie's head to the floor, Elliott called Bobbie Linker and asked her if she could come home. He explained that Brandie had "fallen again." When Ms. Linker arrived at her house, Brandie appeared lifeless. Defendant told Ms. Linker that Brandie had fallen off a bed. Elliott and Ms. Linker drove Brandie to Rowan Memorial Hospital. Because of the severe nature of her injuries, Brandie was transferred to Baptist Hospital in Winston- Salem, where she died the following day.
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