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Thread: Cedric Jerome Floyd - Alabama Death Row

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    Cedric Jerome Floyd - Alabama Death Row




    Woman murdered in Atmore

    Atmore Police are investigating the murder of a 44-year old woman shot to death by her boyfriend.

    Cedric Floyd, 28, of Atmore, is accused of shooting Tina Roshell Jones, 43, inside her 5th Avenue residence. Jones called 911 at 12:46 Sunday morning to report that Floyd was breaking into her home. Two minutes later, Atmore Police officers arrived and found Jones lying in the floor of the home with what appeared to be several gunshot wounds, according to Atmore Police. She was transported to Atmore Community Hospital where she was later pronounced dead.

    “Witnesses at the scene said they were asleep, but were waken by Floyd demanding keys to a vehicle. After several moments, Floyd fled the scene on foot,” said Jason Dean, Atmore Police chief..

    “While officers were at the residence, the Escambia County Sheriff’s Office received a 911 call from Cedric Jerome Floyd, 28 years of age, the boyfriend of Jones, stating he wanted to turn himself in. Deputies responded to Freemanville Drive where Floyd met officers. Floyd was then taken into custody,” said Dean.

    Police said Floyd made forcible entry into the home through a Jones’ bedroom window in the rear of the home.

    Floyd is being held without bond on a charge of capital murder in the Escambia County Detention Center in Brewton.

    http://www.northescambia.com/?p=40292

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    County DA taken off murder case

    Nearly two weeks after murder suspect Cedric Floyd escaped the Escambia County jail, he was back in court with his attorneys, who sought to have the local district attorney’s office removed from the case.

    Floyd’s defense attorneys at first requested that charges against him be dismissed — but Circuit Judge Bert Rice dismissed the motion.
    Defense attorneys Charles Johns and Kevin McKinley said communication between their office and the client had been in the possession of the district attorney’s office, marking a violation of the attorney/client privilege.

    “After Floyd escaped, he left behind several legal documents,” Johns told Rice. “It was gathered and delivered to the district attorney’s office and it is no longer in their possession. It is highly inappropriate. At the very least the DA should be excluded from prosecution in the case and at best there should be a dismissal of the cases.”

    Rice asked Johns if he was alleging there had been a professional conduct violation in the case.

    “The DA accepted responsibility for those attorney/client materials,” Johns said. “(Floyd’s) personal belongings should not have been turned over to the DA. The pending cases should be dismissed. Case law says it’s a violation.”

    District Attorney Steve Billy took the stand and declared no information contained in materials belonging to Floyd delivered to his office had been viewed by any personnel or attorneys.

    “The sealed packet was never opened or looked at,” Billy said. “I don’t know what’s in there and I don’t care what’s in there. It was returned to the sheriff’s office in the same condition it was received. It was never opened or tampered with or reviewed.”

    After hearing additional testimony in regard to the packet of documents belonging to Floyd, Rice ruled on the motion to dismiss the case on grounds of a breech in the attorney/client privilege.

    “I see no impropriety,” Rice said. “I see nothing to indicate to this court that shows there was any viewing or tampering. To the contrary. There is no evidence anyone in the D.A.’s office went through it to obtain information.”

    The motion to dismiss the capital murder and other charges in the Floyd case was denied.

    In the motion to have the district attorney’s office excluded from the prosecution of the cases in question, Rice heard evidence regarding contact with the defendant by members of the counselors employed in the office.

    “This is a motion to disqualify because of prior representation of this defendant?” Rice asked.

    Johns and McKinley said yes and began presenting evidence to support their request for the motion to dismiss.

    Johns established employment of Todd Sterns, Jeff White and Eric Coale in the district attorney’s office through testimony from Billy.

    In reference to Sterns, White and Coale, Johns contended the three had each represented Floyd on separate occasions over an eight-year period.

    Each of the attorneys testified they were public defenders at the times they represented Floyd in the past.

    Johns said with that prior contact with Floyd, it would be inappropriate for them to continue to prosecute the capital murder case, since the district attorney’s office would be seeking the death penalty in the case.

    “Are you asking the D.A.’s office be prohibited from prosecuting your client,” Rice as Johns.

    Johns said yes in response to the judge citing there was no cure for the situation.

    “Capital murder is our biggest concern,” Johns said. “Because information from other cases could be used in that case.”

    After considering testimony from attorneys for the prosecution, Rice came to a decision to dismiss the district attorney’s office in continuing the prosecution in the capital murder case against Floyd.

    “I see no violation or prejudice at this point to the defendant,” Rice said. “However, if (the case against Floyd) gets as far as sentencing, these prior cases could be raised. With these assistant district attorneys involved, there could be a prejudice for the client. Therefore this court makes the ruling that the district attorney’s office no longer be the prosecutional attorneys in these cases.”

    McKinley said the decision on who would be the prosecuting attorney in the capital murder case against Floyd had not been made — but he and Johns plan to do their job in defending the accused man. “We will aggressively continue to defend Mr. Floyd’s rights,” McKinley said. “We are going to do our job.”

    In other instances where a district attorney’s staff has been dismissed from prosecuting cases, district attorneys from other districts or lawyers from the attorney general’s office have been called on to prosecute cases.

    http://www.brewtonstandard.com/2012/...f-murder-case/
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    Change Of Venue Motion On Hold In Atmore Man’s Capital Murder Trial

    A change of venue request in the capital murder trial of an Atmore man is on hold as jury selection in the case is set to begin next month.

    Trial is set for September 16 for Cedric Jerome Floyd in Escambia County, Ala. He is accused of the January 2, 2012, murder of Tina Roshell Jones, 43, inside her 5th Avenue residence in Atmore.

    Floyd was in court Wednesday morning in Brewton as Circuit Judge Bert Rice heard a change of venue motion from his attorneys, Charles Johns and Kevin McKinley. The defense attorneys say it’s not possible for Floyd to receive a fair trial in Escambia County, Ala., due to pretrial publicity.

    Rice said he believes that it will be possible to seat an impartial jury in Escambia County despite pretrial publicity, and he won’t consider the change of venue motion until a jury is seated. Calling the case “complex litigation”, Rice said a large number of potential jurors will be called “from one end of the county to the other”.

    The defense attorneys had subpoenaed several area newspaper publishers for Wednesday’s hearing, but they were dismissed without being called to the stand. Subpoenaed were Kerry Whipple Bean, publisher of The Brewton Standard and former publisher of The Atmore Advance; Joe Thomas, publisher of The Tri-City Ledger in Flomaton, Ala.; William Reynolds, publisher of NorthEscambia.com; and Sherry Digmon, publisher of The Atmore News. Digmon was unable to attend Wednesday’s hearing and had submitted requested information by affidavit.

    http://www.northescambia.com/2013/08...l-murder-trial
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    Murder case to begin after 2 years

    The capital murder trial of Cedric Floyd is scheduled to begin with jury selection Monday, more than two years after the suspect was arrested in connection with the shooting death of Atmore resident Tina Roshell Jones.

    Escambia County Circuit Clerk John Robert Fountain said approximately 500 prospective jurors have been summoned and he expects the process of actually selecting the jury to take the better part of a week, considering a death sentence is a possibility in the case.

    Floyd has spent more than two years detained in the Escambia County Detention Center in Brewton after being arrested in 2011 for allegedly shooting Jones to death in her home on 5th Avenue. Investigators in the case have said they believe Jones was in a “dating” relationship with Floyd at the time of her death.

    In November 2012, the Escambia County district attorney’s office was dismissed from the case, following allegations of improper contact with documents in Floyd’s cell during a 24-hour period the suspect was on the run after escaping the Brewton jail. Floyd was captured in Pensacola one day after his escape.

    In a ruling two weeks after the escape, Escambia County Circuit Judge Bert Rice said he saw “no impropriety” on the part of the district attorney’s office, but removed the members from the case.

    “I see no violation or prejudice at this point to the defendant,” Rice said. “However, if (the case against Floyd) gets as far as sentencing, these prior cases could be raised. With these assistant district attorneys involved, there could be a prejudice for the client. Therefore this court makes the ruling that the district attorney’s office no longer be the prosecutorial attorneys in these cases.”

    In March, Rice revoked a previous probation held by Floyd after he was convicted on charges of rape, sodomy and criminal mischief, all in the first degree, and sentenced him to a 15-year term in prison, with time already served taken into account.

    Last month, Floyd’s attorneys filed a change of venue motion, arguing their client could not receive a fair trial in Escambia County, due to extensive media coverage, but Rice dismissed the motion until a jury could be struck. Rice told the attorneys that changing the venue for the trial likely would not happen — unless potential jurors questioned in the selection process indicated that a fair and impartial conclusion could not be made in the case against Floyd.

    Floyd’s case has been continued a number of times, but, in August, Rice said it would begin in September.

    “We will not be constrained by time,” Rice said. “This case will be tried Sept. 16 and we will not be confined to a two-week trial in this case. If there are any problems in this case, I want to know as soon as possible so that we don’t get to the eve of the trial and have problems.”

    http://www.atmoreadvance.com/2013/09...after-2-years/
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    Floyd trial begins after 10 days of jury selection

    After taking a week and a half to select jurors, attorneys in the Cedric Floyd capital murder case began opening arguments Thursday morning.

    Floyd, of Atmore, is charged with the murder of his girlfriend, Tina Roshell Jones, in 2011. She was shot at her Atmore apartment.

    Floyd has already been in prison since March, sentenced on a promoting prison contraband conviction.

    He is also charged in an incident in which he escaped from the Escambia County Jail in October 2012. He was captured a day later in Pensacola.

    The Escambia County District Attorney’s office is recused from the case; the attorney general’s office is prosecuting. Local attorneys had represented Floyd in the past as public defenders.

    http://www.atmoreadvance.com/2013/09...ury-selection/
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    Floyd capital murder trial continues

    As testimony continued Thursday in the capital murder trial of Cedric Floyd, the Alabama Court of Criminal Appeals sent his revocation of parole order back to the Escambia County Circuit Court.

    The appeals court voted 4-1 to send the case back to circuit court, ruling the circuit court simply did not provide the evidence for the revocation order.

    “Accordingly, this Court must remand this cause to the circuit court with instructions that it enter a written order specifically stating its reasons for revoking Floyd’s probation and the evidence upon which it relied,” the appeals court’s decision states.

    Floyd’s probation on rape and sodomy charges was revoked because he was charged with capital murder in the shooting death of his girlfriend, Tina Roshell Jones, in January 2011.

    Defense witnesses took the stand Thursday as the capital murder case was winding down. Jack Remus, a forensic scientist, testified about how he might have handled evidence in the case differently, including taking more photos and taking photos from different angles at the crime scene. Remus also said he might have done a swab of the suspect for gunshot residue.

    “Based on a review of the items submitted to me, there are some things we’ve been talking about that I would have done,” he said.

    Also, two acquaintances of Floyd testified about spending time with him the day before and the day of the murder. The friend who was with Floyd the day before the murder said the two spent most of their time drinking and doing drugs, and that Floyd was talking about a girl in Brewton with whom he was expecting a baby.

    http://www.brewtonstandard.com/2013/...ial-continues/
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    Closing arguments Monday in Floyd case

    The defense rested its case Friday in the capital murder trial of Cedric Floyd, and closing arguments are expected Monday.

    The case has lasted just over a week — a day shorter so far than it took to seat a jury.

    Floyd is accused of the shooting death of his girlfriend, Tina Roshell Jones, in January 2011.

    Floyd has already been in prison since March, sentenced on a promoting prison contraband conviction.

    He is also charged in an incident in which he escaped from the Escambia County Jail in October 2012. He was captured a day later in Pensacola.

    The Escambia County District Attorney’s office is recused from the case; the attorney general’s office is prosecuting. Local attorneys had represented Floyd in the past as public defenders.

    Floyd’s defense attorneys, despite motions earlier in the week to be removed from the case, will represent him for the duration of the trial.

    http://www.brewtonstandard.com/2013/...in-floyd-case/
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    Floyd guilty of murder

    A jury took little time Monday to find Cedric Floyd guilty of capital murder in the shooting death of his girlfriend, Tina Jones.

    The case was the longest criminal case in the history of Escambia County, according to defense attorney Chuck Johns. It took almost as long to seat a jury as it did for the actual trial.

    Floyd is already in prison for a promoting jail contraband charge.

    Prosecutors said Floyd climbed into girlfriend Tina Jones’ window on the night of Jan. 2, 2011, and shot her three times with a gun he bought earlier that day after selling his car.

    He is charged with capital murder because he allegedly shot Jones while committing burglary for breaking and entering her house.

    Defense attorneys argued that Atmore police officers did not handle the evidence properly and that Floyd was “convicted in the minds of the Atmore Police Department” that night.

    But police testified that Floyd turned himself in and said he shot Jones, prosecutors said.

    http://www.atmoreadvance.com/2013/10...lty-of-murder/
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    Floyd allowed to represent himself during sentencing

    As family and friends of Tina Jones tearfully testified on Tuesday afternoon about the effects of her murder on her loved ones, Cedric Floyd — the man jurors convicted in her death a day earlier — sat silent.

    Granted permission by Circuit Judge Bert Rice to represent himself for the sentencing phase, Floyd chose not to question any of the prosecution witnesses, nor did he call any of his own.

    Several members of the jury were moved to tears as well. They will return to court this morning to decide whether to recommend that Floyd be sentenced to death.

    In her opening statement in the penalty phase Tuesday, Assistant Attorney General Ternisha Miles asked the jury to advise Rice to grant the death sentence.

    “The facts support it. Justice demands it. He deserves it,” she said, pointing to the defendant.

    Jones’ daughter, Kytoria Lawson, testified that her mother “would give her last for her kids and anyone she loved.”

    “She was just everything to me,” said Lawson, who was an 18-year-old senior in high school when her mother was killed.

    Sara Marshall testified that Jones “took care of everybody” — even Floyd’s son.

    “He wasn’t allowed near him,” Marshall said. “She fed her kids; she fed his kids.”

    Then, turning to look at Floyd in the courtroom, she said, “She clothed your baby. … It was her, loving you to the death. It’s just not fair the way she died.”

    The trial — which included a 10-day voire dire to seat 12 jurors and four alternates — has been the longest criminal trial in Escambia County history, defense attorney Chuck Johns said.

    Prosecutors said Floyd climbed into girlfriend Tina Jones’ window on the night of Jan. 2, 2011, and shot her three times with a gun he bought earlier that day after selling his car.

    He was charged with capital murder because he shot Jones while committing burglary for breaking and entering her house. He crawled into her house through a window, after he apparently spent a day sending threatening text messages to her and to her daughter.

    During the sentencing phase Tuesday, Miles told jurors that prosecutors believe Floyd first shot Jones in the back as she fled — an injury a pathologist testified was survivable. He then shot her through the bridge of her nose and then point-blank in the back of her head, Miles said.

    “It was an execution,” she said.

    Johns argued in his closing statement Monday that Atmore police officers did not handle the evidence properly and that Floyd was “convicted in the minds of the Atmore Police Department” that night. A defense witness testified that he would have handled evidence at the scene differently and with more care.

    But police testified that Floyd turned himself in and said he shot Jones, prosecutors said.

    http://www.cncpunishment.com/forums/...loyd#post52043
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    Jury recommends death for Floyd

    An Escambia County jury recommended Wednesday, by a 11-1 vote, for convicted murder Cedric Floyd to receive the death penalty.

    Circuit Judge Bert Rice will make the final decision on Floyd’s sentencing at a hearing, tentatively scheduled for sometime in January 2014.

    Floyd was convicted Monday of fatally shooting his girlfriend, Tina Jones, at her home on Jan. 2, 2011.

    http://www.atmoreadvance.com/2013/10...ath-for-floyd/
    An uninformed opponent is a dangerous opponent.

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