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Thread: Anthony Vinh Nguyen Gets LWOP in 2013 NC Slaying of Shelia Pace Gooden

  1. #1
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    Anthony Vinh Nguyen Gets LWOP in 2013 NC Slaying of Shelia Pace Gooden


    Shelia Pace Gooden




    Death penalty sought in Ardmore killing

    By Michael Hewlett
    The Winston-Salem Journal

    A 22-year-old Winston-Salem man will face the death penalty on charges that he shot a woman living in the Ardmore neighborhood and then robbed her last fall.

    Judge John O. Craig of Forsyth Superior Court granted prosecutors’ request Thursday to seek the death penalty against Anthony Vinh Nguyen, one of three men charged in the fatal shooting of Shelia Pace Gooden, 43, on Oct. 11. A grand jury indicted Nguyen and two others – Daniel Aaron Benson, 23, and Steve George Assimos, 22 — in May on charges of first-degree murder, first-degree burglary, first-degree kidnapping and robbery with a deadly weapon. The grand jury also found a sentencing enhancement against Nguyen for displaying a firearm during a felony.

    Based on court filings, it appears Forsyth County prosecutors believe that Nguyen was the shooter. Prosecutors have not indicated publicly any intent to pursue the death penalty against Benson and Assimos.

    Assistant District Attorneys Ben White and Jennifer Martin said that they were pursuing the death penalty based on three aggravating factors: that Gooden’s killing was “especially heinous, atrocious and cruel;” that Nguyen killed Gooden during the commission of another felony; and that the killing was done for “pecuniary gain.”

    State law provides prosecutors 11 aggravating factors from which to choose in order to pursue the death penalty.

    Nguyen is being represented by attorneys David Botchin and John Bryson. Botchin said Thursday that no trial date has been set.

    All three men are in the Forsyth County Jail with no bond allowed.

    http://www.journalnow.com/news/crime...7a43b2370.html

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    Unanalyzed evidence sticking point in murder case

    By Michael Hewlett
    The Winston-Salem Journal

    Attorneys for a man facing the death penalty in a fatal shooting last year in Ardmore said in court Tuesday that they can’t accept a plea offer because none of the physical evidence in the case has been analyzed.

    Anthony Vinh Nguyen, 22, is charged with first-degree murder, first-degree burglary, first-degree kidnapping and armed robbery in the death of Shelia Pace Gooden, 43. Authorities say Nguyen and two other men — Daniel Aaron Benson, 23, and Steve George Assimos, 22 — broke into Gooden’s house at 700 Magnolia St. on Oct. 11, 2013, held her against her will and stole a flat-screen television valued at $200.

    Prosecutors allege that Nguyen, the only one of the three facing the death penalty, shot Gooden in the head. Benson and Assimos are also charged with first-degree murder.

    Assistant District Attorneys Jennifer Martin and Ben White made an offer for Nguyen to plead guilty to first-degree murder in exchange for receiving a sentence of life in prison without the possibility of parole. David Botchin, one of Nguyen’s attorneys, said that he and his colleague, John Bryson, have not received much information about the physical evidence in the case.

    “My client is not in a position to request or accept,” he told Judge William Z. Wood of Forsyth Superior Court on Tuesday afternoon.

    White said in court that prosecutors are not required to make plea offers. He said he wanted to have the hearing Tuesday to get on the record whether Nguyen would accept or reject the offer. The offer was supposed to have expired Sept. 15.

    Martin filed a motion Sept. 16 asking that the state Crime Lab waive a policy restricting items of evidence that are submitted for analysis.

    According to Martin’s motion, the State Crime Lab will “only analyze fifteen (15) individual items of evidence per discipline of analysis.” The crime lab won’t analyze anything else until it completes work on the initial 15, according to Martin’s motion.

    Martin said in the motion prosecutors believe that policy would cause lengthy delays in the prosecution of this case and could potentially prejudice both prosecutors and Nguyen’s attorneys.

    Botchin said in court he has written a number of letters to prosecutors asking that physical evidence in the case be submitted to the State Crime Lab. He said that so far, nothing has been sent.

    Noelle Talley, a spokeswoman for the State Crime Lab, told the Winston-Salem Journal in an email that the policy was put in place last year as a way to prioritize the most important items of evidence that need to be analyzed. The lab has 124 scientists working cases and averages 36,000 cases a year. According to the Crime Lab’s guidelines, homicides are limited to 10 items of evidence for the first submission and five items for subsequent submissions.

    The lab has been criticized in the past for having too few analysts to handle a backlog of requests from law enforcement to review evidence.

    Wood set a hearing for Martin’s motion for the week of Oct. 27.

    http://www.journalnow.com/news/crime...a4bcf6878.html

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    Judge orders that attorneys for man facing death penalty have access to electronic evidence

    By Michael Hewlett
    The Winston-Salem Journal

    A Forsyth County judge ordered that attorneys for a man facing the death penalty in the fatal shooting of an Ardmore woman have access to cellphones and computers that were seized in the criminal investigation.

    Anthony Vinh Nguyen, 22, is charged with first-degree murder, first-degree burglary, first-degree kidnapping and armed robbery in the death of Shelia Pace Gooden, 43. Authorities say Nguyen shot Gooden in the head after he and two other men — Daniel Aaron Benson, 23, and Steve Gorge Assimos, 22 — broke into Gooden’s house at 700 Magnolia St. on Oct. 11, 2013. Authorities say the men held Gooden against her will and stole a flatscreen television valued at $200.

    All three men are facing first-degree murder charges, but Nguyen is the only one facing the death penalty.

    David Botchin and John Bryson, attorneys for Nguyen, had filed a motion Monday alleging that Forsyth County prosecutors had failed to provide access to electronic equipment seized during the investigation. Botchin said in the motion that he had made arrangements for an expert to analyze the equipment but had to cancel after Assistant District Attorney Jennifer Martin sent an email saying the attorneys would need a search warrant, a court order or consent of the property owners.

    Judge William Z. Wood of Forsyth Superior Court ruled that Bryson and Botchin can examine the electronic equipment. One issue that came up, however, was how to deal with cellphones that were seized but belonged to Benson, Assimos and another person who wasn’t charged.

    Assistant District Attorney Ben White said that a recent U.S. Supreme Court ruling means they have to be careful about searching cellphones and not invading the privacy rights of the co-defendants and anyone else whose property was seized in the course of the criminal investigation. White said prosecutors had no objection to Nguyen’s attorneys examining the electronic equipment but that they had to be careful not to unnecessarily violate the co-defendants’ privacy rights.

    Wood ruled that attorneys for Benson and Assimos be given at least 30 days to object, if they choose to, before their property can be analyzed.

    Also at the hearing, Martin withdrew a motion she had filed asking that the State Crime Lab waive its policy restricting items of evidence that can be submitted for analysis. Martin said in court that she and White had talked with officials at the State Crime Lab about the policy. She said she has confidence that some of the items can be analyzed without too much delay in the case.

    On Oct. 9, several items — including clothing, shell casings and saliva swabs — were sent to the State Crime Lab. Three items came back untested, including the steering wheel from Nguyen’s car. Martin said prosecutors allege that gunshot residue might be on the steering wheel because Nguyen was the one who shot Gooden and then drove the car away.

    Martin also said in court that prosecutors have decided to withdraw a plea offer. Under that plea offer, Nguyen would have been able to plead guilty to first-degree murder and receive life in prison without the possibility of parole, instead of the death penalty. Martin said prosecutors would not be offering that plea offer again.

    http://www.journalnow.com/news/crime...a4bcf6878.html

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    Crime lab backlog continues to delay Forsyth County death penalty case

    Nearly three years after an Ardmore woman was shot to death, only one-third of the physical evidence that Winston-Salem police seized in their investigation has been sent to the State Crime Lab, according to a letter from an attorney representing one of the defendants.

    And only about 20 percent of the evidence sent has been examined, David Botchin, an attorney representing Anthony Vinh Nguyen, writes in a July 29 letter to Jennifer Martin, the chief assistant district attorney who is one of two prosecutors in the case.

    Nguyen, 23, is charged with first-degree murder, first-degree burglary, first-degree kidnapping and armed robbery in the death of Shelia Pace Gooden, 43. Authorities say Nguyen and two other men -- Daniel Aaron Benson, 24, and Steve George Assimos, 23 -- broke into Gooden's house at 700 Magnolia St. on Oct. 11, 2013, held her against her will and stole a flatscreen television valued at $200.

    Benson, Assimos and Nguyen are all facing the same charges, but only Nguyen is facing the death penalty because prosecutors allege that Nguyen shot Gooden in the head.

    The delay is largely due to protocols that the State Crime Lab has put into place for dealing with backlog. The State Crime Lab sets limits on the amount of evidence that law-enforcement agencies send at one time.

    According to the State Crime Lab guidelines, homicides are limited to 10 pieces of evidence per discipline for the first submission and five items for subsequent submissions.

    The lab has been criticized for having too few analysts to handle the backlog of requests from law enforcement to review evidence.

    "At this rate it will take, as a minimum, another year-and-a-half to complete the process," Botchin wrote in his July 29 letter. "Has your office made any inquiries of the Lab about the long delays in examining the evidence or what can be done to move things along?"

    Botchin said in the letter that Martin has told him previously that she waits closer to the trial to let defense attorneys review physical evidence and that she would want all three defendants in this case to view the evidence at the same time.

    Botchin and Nguyen's other attorney, John Bryson, also had complained last year about delays in getting access to physical evidence.

    "We have a statutory right to examine the evidence and we know of no statutory right that permits the State to determine when and how it is to be viewed," Botchin wrote.

    Martin said the rules of professional responsibility prohibited her from commenting on pending criminal matters.

    Martin had filed a motion last September asking the state Crime Lab to waive the policy. She said in the motion that the policy would cause lengthy delays in the prosecution of the case and could potentially prejudice both prosecutors and Nguyen's attorneys. At a hearing in October 2014, she said that she and Assistant District Attorney Ben White had talked to officials at the State Crime Lab about the policy. She said she had confidence that some of the items could be analyzed without too much delay in the case.

    Some progress has been made. Last fall, a Forsyth County judge ordered that defense attorneys can have access to cellphones and laptops that were seized.

    A hearing on Botchin's request to view physical evidence is scheduled for Sept. 10. No trial date has been set. All three defendants are in the Forsyth County Jail with no bond allowed.

    http://www.greensboro.com/news/crime...9ecfb5ce0.html

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    Death penalty case against man charged in Ardmore killing set for trial in September

    By Michael Hewlett
    The Winston-Salem Journal

    A Winston-Salem man is going to trial in September on allegations he shot an Ardmore woman to death during a botched robbery nearly three years ago.

    Anthony Vinh Nguyen, 24, is charged with first-degree murder in the death of Shelia Pace Gooden, 43, in 2013. If convicted, Nguyen could face the death penalty.

    Judge Edwin Wilson of Forsyth Superior Court held a brief hearing Thursday in the case, which is set for trial starting the week of Sept. 6. Attorneys on both sides will return to court July 5 to argue several pre-trial motions.

    Gooden was killed Oct. 11, 2013. Authorities say Nguyen and two other men — Daniel Aaron Benson, 25, and Steve George Assimos, 24 — broke into Gooden’s house at 700 Magnolia St., held her against her will and stole a flat-screen television valued at $200.

    All three are charged with first-degree murder as well as kidnapping, burglary and robbery charges, but Nguyen is the only one facing the death penalty because prosecutors say he fatally shot Gooden. She was shot once in the head.

    According to a search warrant, Benson and Assimos told police that Nguyen shot Gooden.

    Assistant District Attorneys Jennifer Martin and Ben White are prosecuting the case. Because this is a death penalty case, Nguyen has two attorneys — David Botchin and John Bryson.

    Botchin and Bryson filed several motions last month. One motion asks a judge to tell prosecutors that they must turn over any remaining evidence two weeks before the start of trial.

    Since Nguyen was indicted in 2014, his attorneys have had disputes with prosecutors over delays in getting evidence. The delays were largely due to protocols that the State Crime Lab put into place to deal with backlogs. The Crime Lab places limits on the amount of evidence law-enforcement agencies can submit for analysis.

    In one of the motions filed last month, Botchin and Bryson said it isn’t uncommon for prosecutors to provide discovery right up to the start of the trial.

    “Given that this is a capital case, the need for diligent preparation, and effective assistance of counsel, the Defendant should not be receiving discovery in a ‘helter skelter’ last minute fashion,” they write in the motion.

    The other motions asks prosecutors to provide information about any meetings that may have taken place between prosecutors and Nguyen’s co-defendants and other witnesses and any communication between prosecutors and the co-defendants’ attorneys. Assimos and Benson will likely testify, Botchin and Bryson said.

    Prosecutors have not responded yet to the motions, which will likely be heard on July 5. Previously, Martin has said in court that prosecutors have turned over evidence as soon as they receive it. Martin has declined to comment because the case is pending.

    Martin said in court Thursday that the trial will last at least six weeks. Botchin said the trial could last between six and 10 weeks.

    Nguyen, Assimos and Benson are all in the Forsyth County Jail with no bond allowed.

    http://www.journalnow.com/news/crime...1a336991e.html

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    Witness: Co-defendants in Winston-Salem death penalty case may get special treatment

    Forsyth County prosecutors are using the death penalty as leverage to force two men to testify against a co-defendant in a 2013 murder case, an attorney expected to be called as an defense expert witness alleges in court papers.

    Anthony Vinh Nguyen, 24, of Weatherwood Court, is charged with first-degree murder, first-degree kidnapping, first-degree burglary and armed robbery in the death of Shelia Pace Gooden, 43, on Oct. 10, 2013 at her Ardmore home. Daniel Aaron Benson, 25, of Stockdale Place, and Steven George Assimos, 24, of Colonial Place, face the same charges, but Nguyen is the only one facing the death penalty. Benson and Assimos are expected to testify against Nguyen.

    Nguyen’s trial is scheduled to start Sept. 6 and could last at least six weeks.

    According to court papers, David Botchin and John Bryson, Nguyen’s attorneys, plan to call Ernest L. Conner Jr., a Pitt County criminal defense attorney who specializes in death penalty cases, as an expert witness. Botchin and Bryson said Conner is the only expert witness they plan to call during the trial.

    In his affidavit, Conner said that while Forsyth County prosecutors have not made any explicit plea offer to Benson and Assimos, they have implied that the two might get favorable treatment for their testimony.

    “They also do not have a trial date for any pending capital charges,” Conner said in the affidavit. “The impact of the State separating accomplices Benson’s and Assimos’ cases from Mr. Nguyen’s and placing Benson’s and Assimos’ cases on a different track supports the unspoken concession that their cases will not go capital if they testify appropriately for the State.”

    Prosecutors have said they pursued the death penalty against Nguyen because they believe Nguyen is the one who shot Gooden.

    According to an autopsy report, Gooden was shot twice in the head and once in the right leg. Nguyen plans to testify that he couldn’t have killed Gooden because he was not at the scene of the crime, his attorneys have said in court papers.

    Benson and Assimos, who were arrested about nine hours after the shooting, gave statements to police that Nguyen planned the robbery and shot Gooden.

    Six hours after Benson and Assimos were arrested, police arrested Nguyen, according to Conner’s affidavit. Gooden’s son, Cory Joe Prince, was there and is expected to testify that he saw Nguyen enter the house first with a gun.

    No plea offers

    Assistant District Attorney Jennifer Martin said she could not comment because the case is pending. But during a July 5 hearing in Forsyth Superior Court, Martin said she had not made any plea offers to Benson and Assimos and that she had not met with either of the men. Botchin declined to comment Friday.

    David Freedman, Assimos’ attorney, said Friday that Assimos is testifying without a plea offer.

    “Mr. Assimos has been cooperative from day one and intends to be that way throughout the process,” he said.

    Julie Boyer, Benson’s attorney, said she could not comment on her case. But in general, Boyer, a former capital defense lawyer, said Forsyth County prosecutors only pursue the death penalty against the actual shooter.

    Freedman said that has been his experience as well.

    Prosecutors will likely point to case law that says they are prohibited from pursuing the death penalty against anyone but the person who actually committed the murder.

    State law does allow prosecutors to charge people with first-degree murder under what is known as the felony murder rule. That means people can be charged with first-degree murder if someone dies during the commission of a felony, such as robbery. Under the felony murder rule, people can be charged with first-degree murder even if they didn’t do the actual killing.

    Conner, who has done death penalty litigation since 1992, argues in his affidavit that it doesn’t matter if prosecutors didn’t offer an explicit plea deal.

    Co-defendants are already hoping that they will get a break if they testify, he said.

    “Since prosecutors must inform defense counsel of any formal plea offer, prosecutors often take advantage of an accomplice’s mere hope or expectation of leniency to be the motivating factor for the accomplice’s testimony,” he said.

    Conner contends that the fact that prosecutors have not pursued the death penalty against Benson and Assimos in almost three years “is an unspoken concession that implies lenient treatment is to come.”

    Botchin and Bryson had previously sought any kind of communication that might have indicated that Benson and Assimos were offered plea offers or inducements to testify. Martin said in the July 5 hearing that there were none to turn over.

    There will likely be a fight over whether Conner can even testify as an expert. Prosecutors are expected to argue that Conner cannot be allowed to provide expert opinion on the credibility of a witness.

    Judge Edwin Wilson of Forsyth Superior Court, who will preside over the trial, will ultimately determine whether Conner can testify as an expert and whether his opinion can be admitted at trial.

    http://www.journalnow.com/news/crime...1132a4a05.html

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    Death penalty trial in 2013 home-invasion killing of Ardmore woman to start Tuesday

    By Michael Hewlett
    The Winston Salem-Journal

    Starting today, Forsyth County prosecutors will try to prove that a Winston-Salem man fatally shot an Ardmore woman twice in the head during a home-invasion nearly 3 years ago.

    And that man, Anthony Vinh Nguyen, 24, is expected to take the stand and tell a jury that he couldn't have shot Shelia Pace Gooden to death in October 2013 for 1 simple reason - he wasn't there.

    The case is high stakes and high profile - Nguyen faces a possible death sentence if a jury finds him guilty of 1st-degree murder. He also faces charges of 1st-degree kidnapping, 1st-degree burglary and armed robbery.

    Nguyen is 1 of 3 men charged in the home-invasion on Oct. 10, 2013; the others are Daniel Aaron Benson, 25, of Stockdale Place, and Steven George Assimos, 24, of Colonial Place. Nguyen is the only one, though, to face the death penalty because prosecutors believe he is the one who pulled the trigger.

    Benson and Assimos are expected to testify that Nguyen was the one who planned the robbery and killed Gooden. Gooden's son, Cory Joe Prince, was in the house when the home invasion occurred and is expected to testify that he saw Nguyen enter first with a gun.

    This is the 3rd death penalty trial in Forsyth County in the past 7 years - Timothy Hartford was given the death sentence in 2010 for killing a 64-year-old man in his Jonestown Road home and the Meals on Wheels volunteer who had come to deliver a meal to the man. Juan Carlos Rodrigues was sentenced to death in 2014 for strangling and decapitating his estranged his wife.

    Assistant District Attorneys Jennifer Martin and Ben White are prosecuting Nguyen. David Botchin and John Bryson are representing Nguyen.

    Martin and Botchin declined to comment last week about the case.

    Conflicting testimony


    Gooden, who grew up in Mocksville and worked at the Waffle House on Jonestown Road, was at her home at 700 Magnolia St., with her son, Cory, when prosecutors say Nguyen, Assimos and Benson broke in about 11:30 p.m. on Oct. 10, 2013,

    Armed with a .380-caliber gun, the 3 men held Gooden hostage, officials allege.

    Prince told Winston-Salem police he heard 1 to 5 shots as he escaped through a back door.

    According to a search warrant, Benson and Assimos told Winston-Salem police that Nguyen shot Gooden and they all left the house with a flat-screen TV worth $200.

    Winston-Salem police were called and when officers got there, they were told 2 armed suspects were still inside. SWAT team members were called and eventually went into the house in the early morning hours of Oct. 11, 2013. That's when they found Gooden's body.

    Botchin and Bryson have said in court papers that they plan to present an alibi defense. And the only witness they plan to call is Nguyen.

    The 2 attorneys have not said what Nguyen's alibi will be, except to say that he was somewhere else when Gooden was shot.

    It's not clear what physical evidence there is in the case. Winston-Salem police have not said whether a gun was recovered.

    What is clear is that prosecutors and Nguyen's attorneys have been arguing over access to physical evidence for more than a year. In 2014, Botchin said in court papers that he could not properly advise Nguyen on a plea deal that prosecutors were offering because at that point, he had not been able to see any of the physical evidence.

    Botchin and Bryson have also complained about the delay in analyzing the physical evidence. Much of the delay had to do with protocols that the State Crime Lab put into place to deal with backlogs. The Crime Lab limits the amount of evidence law-enforcement can submit for analysis.

    Late last month, Botchin and Bryson filed a motion asking for any handwritten notes that prosecutors took while interviewing various witnesses, including Assimos.

    Favorable treatment


    A key issue in the case is going to be whether Benson and Assimos were offered any kind of deals in exchange for their testimony.

    Martin has said in court that she has not offered any plea deals to Benson and Assimos.

    But Botchin and Bryson plan to call an expert witness - Ernest L. Connor Jr., a Pitt County criminal defense attorney who specializes in death penalty cases - to argue that Benson and Assimos likely have an expectation for lenient treatment because prosecutors have not pursued the death penalty against them.

    That fact that they aren't facing the death penalty, Connor said in an affidavit, "is an unspoken concession that implies lenient treatment is to come," Connor said in an affidavit.

    Connor also points to the fact that no trial dates have been set for either Benson or Assimos.

    "The impact of the State separating accomplices Benson's and Assimos' cases from Mr. Nguyen's and placing Benson's and Assimos' cases on a different track supports the unspoken concession that their cases will not go capital if they testify appropriately for the State," Connor wrote in his affidavit.

    Prosecutors will argue that case law prohibits them from pursuing the death penalty against anyone but the person they believe is the actual shooter. Martin and White will also seek to disqualify Connor as an expert witness, arguing that he cannot provide an opinion on the credibility of another witness.

    Jury selection will start either today or Wednesday and is expected to last up to 2 weeks. The entire trial could last 6 to 8 weeks.

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  8. #8
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    Opening arguments to begin Monday in death penalty trial in 2013 home-invasion killing

    Starting Monday, prosecutors will begin trying to prove that Anthony Vinh Nguyen shot Shelia Pace Gooden twice in the head at her Ardmore home nearly two years ago, and Nguyen’s attorneys will try to prove he wasn’t even at the crime scene.

    Nguyen, 24, is charged with first-degree murder, first-degree kidnapping, first-degree burglary and armed robbery in Gooden’s death. If convicted, he could face the death penalty.

    Late Friday, a panel of 12 jurors and three alternate jurors was selected.

    Nguyen is one of three men charged in Gooden’s killing. Forsyth County prosecutors allege that Nguyen and two other men — Daniel Aaron Benson, 25, of Stockdale Place, and Steven George Assimos, 24, of Colonial Place — broke into Gooden’s house about 11:30 p.m. Oct. 10, 2013, held Gooden hostage, pointed a .380-caliber gun at her and stole a flat-screen TV worth $200. All three men are charged with first-degree murder, but only Nguyen is facing the death penalty. Prosecutors say that’s because they believe Nguyen is the shooter.

    Jury selection was expected to take up to two weeks but it was finished in four days.

    Assistant District Attorney Jennifer Martin and Ben White are prosecuting Nguyen. David Botchin and John Bryson are representing Nguyen.

    At 10 a.m. Monday in Forsyth Superior Court, attorneys on both sides plan to make opening statements.

    One of the first witnesses prosecutors are expected to call is Gooden’s son, Cory Joe Prince. Prince was in the house at 700 Magnolia St., with his mother when the alleged home-invasion happened. According to a search warrant, Prince recognized Nguyen and Benson. According to court documents, he told authorities that he saw Nguyen enter the house first with a gun. He escaped through a back door and told authorities that he heard one to five shots.

    Gooden was shot three times — twice in the head and once in the right leg, according to an autopsy. Winston-Salem police found Gooden’s body in the early morning hours of Oct. 11, 2013.

    Assimos and Benson also gave statements to Winston-Salem police, saying that Nguyen was the one who fatally shot Gooden. But Assimos is the only co-defendant who will be testifying against Nguyen. Benson is not testifying and is not on the witness list, Martin said in court Tuesday.

    Nguyen is also expected to take the stand. Botchin and Bryson have said in court papers that they plan to present an alibi defense. In other words, they will try to prove that Nguyen was not at the house when Gooden was shot. They said Nguyen will testify.

    Botchin and Bryson have not said what Nguyen’s alibi will be. That may be revealed in their opening statements Monday.

    A central issue during the trial will be Assimos’ credibility. Botchin filed a motion Tuesday seeking to exclude Assimos’ testimony as unreliable. He said in court that Assimos’ testimony had evolved over time to shift blame from him and more onto Benson and Nguyen.

    Botchin and Bryson also plan to call an expert witness, a Pitt County criminal defense lawyer who specializes in death penalty cases. That lawyer, Ernest L. Connor Jr., has argued in an affidavit that even though Forsyth County prosecutors haven’t offered an explicit plea deal, the fact that they haven’t pursued the death penalty against Benson and Assimos means that Nguyen’s co-defendants could expect leniency in exchange for their testimony.

    Forsyth County prosecutors will likely argue that case law prohibits them from pursuing the death penalty against anyone but the actual shooter.

    http://www.journalnow.com/news/crime...5dfd74fef.html

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    Judge to hold hearing on Anthony Nguyen's competency to stand trial in Ardmore woman's killing in 2013

    A Forsyth County judge will hold a closed hearing this afternoon to determine if a Winston-Salem man accused of killing an Ardmore woman in 2013 is competent to stand trial.

    Anthony Vinh Nguyen, 24, is charged with first-degree murder, first-degree kidnapping and armed robbery. According to Forsyth County prosecutors, Nguyen and two other men — Daniel Aaron Benson, 25, and Steven George Assimos, 24 — broke into Shelia Pace Gooden’s house at 700 Magnolia St. at 11:30 p.m. Oct. 10, 2013. Prosecutors say they held her hostage and that Nguyen shot Gooden twice in the head and once in the right leg. Then, prosecutors allege, they stole a flat-screen TV worth $200. Gooden, 43, grew up in Mocksville and worked at the Waffle House on Jonestown Road.

    Nguyen could face the death penalty if convicted of first-degree murder. Benson and Assimos are also charged with Gooden’s killing but are not facing the possibility of a death sentence.

    Judge Edwin Wilson of Forsyth Superior Court said in an email that he is presiding over a hearing at 1 p.m. today on Nguyen’s capacity to proceed to trial.

    He said he is closing the hearing to the public because it will deal with medical information that is supposed to remain confidential under the federal law known as the Health Insurance Portability and Accountability Act.

    Amanda Martin, an attorney representing the Winston-Salem Journal, said under the state constitution, all courts shall be open to the public.

    “That provision is in place not just for the benefit of the parties in court proceedings but also for the public,” she said Wednesday. “When significant events happen within our communities, such as crime, the public has a legitimate interest in knowing how those events are treated within our judicial system. As Supreme Court Chief Justice Burger once wrote, people have trouble accepting what they are prohibited from seeing.”

    Martin said the law is well-established that a judge considering closing a courtroom or sealing court records should “balance the parties’ interests against the public’s interest in openness.”

    If a judge decides to close a hearing, it should be as narrow and limited as possible to deal with the privacy issues, she said.

    Assistant District Attorney Jennifer Martin and David Botchin, one of Nguyen’s attorneys, both declined Wednesday to comment about the hearing.

    Opening statements and testimony were scheduled to begin Monday in a trial estimated to last at least a month.

    But on Monday, Wilson told the jury that an issue had come up that would delay the trial. He told the jurors to come back at 9:30 a.m. Wednesday. He and the attorneys on the case did not publicly disclose what the issue was that delayed the trial.

    Now, the jury won’t be back until Sept. 19.

    This appears to be the first time Nguyen’s mental health has become an issue in the trial.

    Botchin and John Bryson, also Nguyen’s attorney, had not planned to call any mental health experts and were offering an alibi defense, arguing that Nguyen was not at the crime scene when Gooden was fatally shot.

    Assimos is supposed to testify that Nguyen killed Gooden. Cory Joe Prince, Gooden’s son, is also scheduled to testify that he saw Nguyen come into the house first with a gun. Benson has decided not to testify.

    http://www.journalnow.com/news/crime...e7d48b0d2.html

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    Winston-Salem man found competent to stand trial in 2013 home-invasion killing

    Anthony Vinh Nguyen, the man accused of fatally shooting an Ardmore woman nearly three years ago, is competent to stand trial, a Forsyth County judge ruled Thursday.

    Nguyen, 24, is charged with first-degree murder in the death of Shelia Pace Gooden in October 2013. He is also charged with first-degree kidnapping, first-degree burglary and armed robbery. Nguyen could receive the death penalty if convicted of first-degree murder.

    Judge Edwin Wilson of Forsyth Superior Court decided that Nguyen was competent to stand trial after a three-hour closed hearing Thursday afternoon.

    The charges against Nguyen stem from allegations that he and two other men — Daniel Aaron Benson, 25, and Steven George Assimos, 24 — broke into Gooden’s house at 700 Magnolia St. in the Ardmore neighborhood at 11:30 p.m. on Oct. 10, 2013. Forsyth County prosecutors allege that the three men came in armed with a .380-caliber semiautomatic gun and held the 43-year-old Gooden hostage.

    Prosecutors allege that Nguyen shot Gooden, who grew up in Mocksville and worked at the Waffle House restaurant on Jonestown Road, twice in the head and once in the right leg. All three men are charged with Gooden’s murder, but only Nguyen is facing the death penalty. Prosecutors say they are pursuing the death penalty against Nguyen because they believe he shot Gooden.

    Nguyen’s trial started Sept. 6 with jury selection. Opening statements and testimony were supposed to start Monday, but Wilson released the jury until 9:30 a.m. Wednesday, saying that a matter had come up. Wilson, prosecutors and Nguyen’s attorneys did not say what the issue was in open court.

    By Wednesday, the jury had been released for the rest of the week and a hearing to determine if Nguyen was competent to stand trial was scheduled for Thursday in Courtroom 5A.

    Wilson said in open court that he closed the hearing because testimony would contain highly personal confidential information that is protected under the federal law known as the Health Insurance Portability and Accountability Act. He said the evidence at the hearing would be prejudicial and inadmissible at trial.

    Wilson said that the case has been in the news and that potential jurors said during jury selection they had seen stories about the case in the media. He said prosecutors and Nguyen’s attorneys had both asked that the hearing be closed to the public.

    Assistant District Attorney Jennifer Martin said she could not comment on the case or Wilson’s decision.

    “Rules of professional conduct prevent me from commenting while the case is pending,” Martin said in an email after the hearing.

    David Botchin, one of Nguyen’s attorneys, also declined to comment.

    The trial is scheduled to resume at 10 a.m. Monday. Assimos and Cory Joe Prince, Gooden’s son, are expected to testify. Assimos and Benson gave statements to Winston-Salem police saying that Nguyen shot Gooden, according to a search warrant.

    Prince told authorities that he was in the house during the home invasion and saw Nguyen enter first with a gun, according to court papers. He told police he ran out the back door as shots were fired. He said he heard one to five shots fired.

    Benson won’t be testifying in the trial, Martin said earlier.

    Nguyen is expected take the stand during his trial.

    Botchin and John Bryson, also Nguyen’s attorney, have said in court papers that they plan to present an alibi defense, arguing that Nguyen was not at the house when Gooden was killed.

    The trial is expected to last at least a month.

    http://www.journalnow.com/news/crime...2b783ae20.html

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