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Thread: Esaw Lee Jackson - Alabama

  1. #1
    Senior Member CnCP Legend JLR's Avatar
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    Esaw Lee Jackson - Alabama



    MONTGOMERY, Ala. (AP) - An Alabama death row inmate is going to get a new trial on capital murder charges.

    The Alabama Supreme Court ruled Friday that improper testimony was permitted against Esaw Jackson during his trial in Jefferson County. Jackson was convicted in 2006 of firing into a vehicle and killing the driver, Pamela Montgomery, and a passenger, Milton Poole III.

    The Supreme Court said Poole's mother should not have been allowed to testify at trial that she thought Jackson had killed her son even though she had no personal knowledge of the identity of the shooter.

    The Supreme Court left intact Jackson's life sentences for two attempted murder convictions. Those convictions stem from Jackson wounding two of Montgomery's children who were riding in her car.

    http://alnotes.com/state-supreme-cou...appeals-court/
    Last edited by JLR; 06-09-2011 at 10:38 AM.

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    Jefferson County jury deliberates sentencing recommendation in 2006 double capital murder

    A Jefferson County prosecutor told jurors today that Esaw "Wolf" Jackson deserves to be executed because he is a multiple murderer who put many others at risk of death when he fired at least 15 shots into a car, killing two and wounding two others in 2006.

    Jurors will begin deliberating today after lunch. Their recommendation of life without parole or death by lethal injection is not binding on Circuit Judge Stephen Wallace.

    During his closing arguments to the jury this morning, Jackson's lead defense lawyer continued to argue his innocence, saying Milton Poole III may have been mistaken when he identified the defendant as the shooter moments before the 16-year-old died of multiple gunshots.

    The lawyer, Erskine Mathis, called for the jury to recommend life without parole, quoting a sentence from the classic book "Lord of the Rings."

    "We don't have the power to bestow life, so we should be very reluctant to take it away," Mathis said. "What you're about to do cannot be undone."

    Jackson was convicted of capital murder Thursday in his retrial for the Feb. 1, 2006, deaths of Poole and Pamela Montgomery, 42. Jackson, 32, also was convicted of attempting to murder two of Montgomery's children, Shaniece Montgomery, then 19; and Denaris Montgomery, then 17.

    The four were stopped in a car at a traffic light at 19th Street and Avenue V in Ensley when a car pulled alongside and opened fire. The prosecutor, Mike Anderton, said 15 bullet holes were found in the car, and more shots probably went through the car windows, which were shattered.

    Anderton said the crime met two of the criteria for imposing a death sentence in Alabama - that two or more people were killed in a single crime and that the crime posed a risk of death to many people.

    "When you have the kind of evil that was out on that street . . . the death penalty is appropriate," the prosecutor said.

    Jackson's sister and mother described him as a silly, non-violent guy who checked on his elderly mother daily.

    He is not mean person or a violent person," Mathis told jurors. "To talk about how evil he is isn't right. You don't know him."

    Jackson also was convicted and sentenced to death for the crime in 2007, but the Alabama Supreme Court overturned the conviction and sentence this year due to improper testimony in the initial trial.

    http://blog.al.com/spotnews/2011/12/..._delibera.html

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    Jefferson County jury recommends death sentence in 2006 double capital murder

    BIRMINGHAM, Alabama -- Esaw Jackson should die by lethal injection for a 2006 shooting in Ensley that killed a woman and a teenager and wounded the woman's teenaged children, a Jefferson County jury recommended today.

    The jury, which convicted him of capital murder and attempted murder Thursday, voted 10-2 for a death sentence.

    The recommendation is not binding on Circuit Judge Stephen Wallace, who will set the official punishment after a presentence investigation. The alternative sentence for capital murder is life without parole.

    Jackson killed Pamela Montgomery, 42, and Milton Poole III, 16, the evening of Feb. 1, 2006 while they were stopped in a car at the intersection of 19th Street and Avenue V. Also in the car were Shaniece Montgomery, then 17; and Denaris Montgomery, then 17; who were wounded. Each still has a bullet in their body from that night.

    Jackson, 32, maintained his innocence during the week-long trial. His lawyer, Erskine Mathis, urged the jury not to impose a death sentence during his closing statement in the penalty phase of the trial this morning.

    The prosecutor, Mike Anderton, cited two criteria for imposing a death sentence under Alabama law -- that Jackson killed two people during a single crime and that he put others at risk of death when he fired at least 15 shots into Pamela Montgomery's car at the busy intersection.

    Jackson also was convicted and sentenced to death in this case in 2007, but the Alabama Supreme Court awarded a new trial in September due to improper testimony. The jury in 2007 recommended life without parole in a 10-2 vote, but then-Circuit Judge Gloria Bahakel overrode them and imposed death.

    http://blog.al.com/spotnews/2011/12/...ecommen_4.html

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    Sentencing set in Jefferson County capital murder retrial for 2006 double homicide

    BIRMINGHAM, Alabama -- Esaw "Wolf" Jackson will find out Jan. 20 if he will be sentenced to death for a second time in a 2006 shooting that killed two, which also left two other people wounded.

    Jackson, 32, was convicted of capital murder last week, and the jury recommended a sentence of death by a 10-2 vote that is not binding on Jefferson County Circuit Judge Stephen Wallace. Wallace did not immediately set a sentencing date after the penalty phase of Jackson's capital murder trial.

    The alternative sentence for capital murder is life without parole. Jackson also faces 20 years to life on each of the two attempted murder convictions the jury also returned last week.

    Jackson was convicted of killing Pamela Montgomery, 42; and Milton Poole III, 16; when he fired at least 15 rounds from a military-style rifle from his car into Montgomery's vehicle while both were stopped at a traffic light at the corner of 19th Street and Avenue V in Ensley.

    Two of Montgomery's children, Shaniece Montgomery, then 19; and Denaris Montgomery, then 17; were wounded when they each were struck by several bullets.

    The prosecution contended that Jackson was trying to mentally hurt Poole's mother because of a conflict between the two over Jackson's drug dealing at the public housing project where the mother, Loretta Poole, lived.

    Jackson was convicted of capital murder and attempted murder in a 2007 trial over the shooting, in which that jury also recommended death in a 10-2 vote.

    Then-Circuit Judge Gloria Bahakel followed the recommendation and imposed a death sentence. But the Alabama Supreme Court overturned the conviction and sentence in September, saying improper testimony tainted the original trial.

    http://blog.al.com/spotnews/2011/12/..._in_jeffe.html

  5. #5
    Senior Member CnCP Legend JLR's Avatar
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    I tried to find a formal sentencing update on this one but i had no luck. Anyone got a clue what happened here?

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    He learned absolutely nothing....


    BIRMINGHAM, Alabama -- A 23-year-old Ensley man who survived a 2006 murder attempt that took the lives of his mother and best friend pleaded guilty today to killing one of his own friends four years later.

    Denaris Unte Montgomery was sentenced to 21 years in prison today after admitting that he shot to death Terrez Watkins, 29, on March 16, 2010.

    Montgomery, Watkins and others were working on the defendant's car outside his home in the 1500 block of 18th Street when an argument resulted from a broken bolt, the prosecutor, Ashley Patterson, said during today's plea hearing.

    Montgomery fired a pistol seven times at Watkins, hitting the victim four times. Watkins was pronounced dead on the scene.

    Four years earlier, on Feb. 1, 2006, Montgomery was in a car with his mother, then 19-year-old sister and friend Milton Poole III, 16, when a vehicle pulled up beside them while they were stopped at a traffic light on 19th Street and Avenue V.

    A man in the other vehicle opened fire with a military-style SKS rifle, firing 15 rounds that tore through the car and killed Poole and Pamela Montgomery, 42.

    Esaw "Wolf" Jackson was convicted of two counts of capital murder and two counts of attempted murder in a 2007 trial. He was sentenced to death, but won a new trial in 2010 that is pending in Jefferson County Circuit Court.

    John Amari Jr., Denaris Montgomery's lawyer in the 2010 shooting case, said he did not know if the loss of his mother played a role in his criminal behavior years later.

    "But it's a sad, tragic case," he said. "For all of the families."

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    No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.

  7. #7
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    Mental retardation finding may save convicted Jefferson County murderer from death sentence

    A Jefferson County murderer who served more than four years on Death Row then won a new trial and was reconvicted, may avoid a second death sentence after a state expert found he was mentally retarded, a hearing revealed today.

    Esaw Jackson, 33, was convicted and sentenced to death in 2007 for a shooting the year earlier in Ensley that killed a woman and a teenager and wounded the mother's two teen children.

    A Jefferson County jury also convicted him of capital murder in 2011, and recommended a sentence of death in a 10-2 vote.

    Pre-sentence testing ordered by Circuit Judge Stephen Wallace, the judge in the current trial, determined Jackson had an IQ of 56, well below the normal legal threshold for mental retardation, which is a 70 IQ.

    The U.S. Supreme Court has banned executing mentally retarded murderers.

    In today's hearing, prosecutor Mike Anderson asked for more time to obtain and examine Jackson's school records for evidence of mental retardation, another indicator courts use to determine if the death penalty should be barred.

    Wallace set a July 13 hearing, and said he wants to set the final sentencing after Anderson reports back.

    If the assessment holds that Jackson is mentally retarded, "the sentence would have to be life without parole," said one of Jackson's lawyer, Erskine Mathis.

    Judges in capital cases are not bound by the jury's sentencing recommendation, but in most cases Alabama judges have overridden the jury's recommendation of life without parole and imposed death instead.

    Fewer than 10 percent of the judicial overrides have resulted in the lesser capital sentence, according to the Equal Justice Initiative in Montgomery.

    Jackson was 27 when he fired a rifle at least 15 times into a car stopped at a traffic light on 19th Street and Avenue V. Killed were Pamela Montgomery, 42, and Milton Poole III, 16. Montgomery's children, Shaniece Montgomery, then 19, and Denaris Montgomery, then 17, were wounded.

    The jury in Jackson's original trial also recommended death in a 10-2 vote, and then-Circuit Judge Gloria Bahakel sentenced him to death. The Alabama Supreme Court overturned his conviction and sentence in 2011, citing improper testimony in the 2007 trial.

    Four years after watching his mother and best friend die, Denaris Montgomery committed a murder himself, and now is serving a 21-year prison term.

    http://blog.al.com/spotnews/2012/06/...ing_may_1.html
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    Jefferson County judge rules Birmingham man is mentally retarded and can't be executed

    Esaw "Wolf" Jackson won't be sent back to Alabama's Death Row a second time after a Jefferson County Circuit Court Judge ruled today that he was mentally retarded.

    Instead, the 34-year-old man was ordered by Jefferson County Circuit Court Judge Stephen Wallace to life in prison without the possibility of parole.

    Wallace wrote in his 13-page ruling that after considering evidence presented regarding Jackson's mental condition he finds "that Jackson is mentally retarded or otherwise intellectually disabled and that U.S. Supreme Court precedent mandates that he cannot be executed."

    Pre-sentence testing ordered by Wallace had determined Jackson had an IQ of 56, well below the normal legal threshold for mental retardation, which is 70.

    Jackson had been convicted and sentenced by a judge - at the recommendation of the jury - to death at a 2007 trial for the 2006 shooting deaths of Pamela Montgomery, 42, and Milton Poole III, 16. Montgomery's children, Shaniece Montgomery, then 19, and Denaris Montgomery, then 17, were wounded. The four were shot when Jackson fired 15 shots from a rifle into a car stopped at a traffic light on 19th Street and Avenue V in Ensley.

    The Alabama Supreme Court overturned his conviction and sentence in 2010, citing improper testimony by a witness at his 2007 trial.

    A new trial was held in November-December 2011 and Jackson was convicted. The jury in that trial, in a 10-2 vote, also recommended that the judge impose a death sentence against Jackson. Wallace was only the judge at the second trial.

    Wallace wrote in today's ruling that before his planned final sentencing of Jackson in February of this year, a probation officer conducting a presentencing report informed him that Jackson "seemed to have mental retardation ... nor could did (sic) he have the capability to answer my questions in a competent manner."

    As a result, Wallace ordered testing on Jackson and later held a hearing.

    "This court certainly respects the jury's advisory verdict," Wallace wrote in his order. "Furthermore, based on the limited evidence presented to the jury at the penalty phase, the court does not necessarily disagree with the jury's verdict. In fact, absent the matters presented at the sentencing phase relating to Jackson's mental retardation, the court would likely have agreed with said verdict and imposed such."

    http://blog.al.com/spotnews/2012/12/...rules_b_1.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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