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Author Topic: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision  (Read 17227 times)

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Offline JT

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #75 on: April 25, 2009, 11:39:00 AM »
"He testified today that Gilbert told him that he was going to confess to killing Wicker so he could be moved to death row at Holman where he would have sole access to a television. (I lifted this from Jacques'post)  Now let me get this straight...this Gilbert guy WANTS to get on DR to watch TV???


He was a minor at the time Mr Wicker was murdered.  Consequently, he is not eligible for the death penalty.  He is already serving life in prison, so there is nothing more the State of Alabama can do to him to punish him for allegedly murdering Mr Wicker.  This is just a smoke-and-mirrors tactic to attempt to exculpate the real murderer, Tommy Arthur, and get him released from death row.  Both men should be executed just on the general principle of being such aggravated dumbasses.
JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

Offline Harold1253

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #76 on: April 27, 2009, 08:56:22 AM »
AMEN!! ;D ;D ;D ;D

Offline Jeff1857

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #77 on: August 12, 2009, 11:38:58 AM »
An Alabama assistant attorney general said he would ask the Alabama Supreme Court to set an execution date for Thomas Arthur in a 1982 murder-for-hire, after a Jefferson County judge ruled that another inmate's confession to the crime lacked any credibility.

Lawyers representing Arthur in his appeals asked Circuit Judge Teresa Pulliam today to order further DNA testing on a wig the killer wore when Troy Wicker Jr. was killed while asleep at his Muscle Shoals home. Earlier testing by a state forensic expert found no DNA on the wig.

 
Pulliam rejected that request and referred the case back to the Supreme Court.

In April, Pulliam had ordered DNA tests on the wig as well as on clothing that Wicker's wife, Judy, wore the day her husband was killed. Judy Wicker was convicted of murder in her husband's death and served 10 years in prison before her release.

Arthur, 67, was days away from a scheduled execution last year in Wicker's murder when another inmate, Bobby Ray Gilbert, filed a sworn statement confessing to the crime. That led Arthur's lawyers to seek the DNA testing in an attempt to determine if the wrong man was convicted.

Judy Wicker, who has testified that she hired Arthur to kill her husband, denied knowing Gilbert when she testified during the April hearing.

After the April hearing, Pulliam said she was skeptical of Gilbert's story, but ordered the limited DNA testing to assess Gilbert's credibility. In his statement, Gilbert said that after killing Wicker at age 15, Gilbert and Judy Wicker had unprotected sex in the hallway during the brief time before police arrived.

DNA testing on the clothes Mrs. Wicker was wearing showed the Wickers had sex at some point before her husband was killed.

"Science has in fact made a liar out of Mr. Gilbert," Pulliam said today when announcing her decision denying Arthur's request for a retrial based on new evidence. "Science in this case has absolutely confirmed to me that what he had to say about being in the house was untrue."


http://blog.al.com/spotnews/2009/08/jefferson_county_judge_rejects.html

Offline Mastodon

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #78 on: August 12, 2009, 02:27:52 PM »
It's about time Alabama got back in the game. 

They were doing pretty well and then took a break.

Offline Jeff1857

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #79 on: September 05, 2009, 09:33:15 AM »
New execution date to be set for Arthur


A Jefferson County circuit judge in a final order declined to give convicted capital murderer Tommy Douglas Arthur the legal relief he seeks to avoid execution, and the attorney general’s office said Friday it soon would seek an execution date.

Jefferson County Circuit Judge Teresa Pulliam on Wednesday ruled Arthur has had a "full and fair opportunity to present" claims that another inmate killed Muscle Shoals businessman Troy Wicker in 1982 as Wicker slept in his home.

Clay Crenshaw, chief of the capital litigation section of the attorney general's office, said he soon will file a request for an execution date, probably Tuesday.

Arthur was convicted 3 times and sentenced to death for killing Wicker for money paid by his wife, Judy Wicker.

Arthur's last date with death was stayed by the Alabama Supreme Court on July 30, 2008, to give Pulliam time to consider "newly discovered evidence."

But last year Alabama prison inmate Bobby Gilbert in a signed statement given Arthur's attorney, Suhana Han, said he had an affair with Wicker's wife and he killed Wicker, not Arthur.

Han got a hearing on DNA evidence and on Gilbert's statement. Pulliam in her final order said Gilbert's "confession" was not credible and his affidavit was a "fraud perpetrated upon this court."

Pulliam said attorney general witnesses "clearly indicated that the affidavit of Gilbert was prepared with Arthur's assistance."

"Although Arthur has raised 3 claims in his amended successive (appeal) petition, the issue before this court is a narrow one and essentially concerns one sole issue: the credibility of Bobby Ray Gilbert’s affidavit," Pulliam wrote.

"This court has carefully considered the testimony presented during the evidentiary hearing and spent countless hours examining the transcripts of Arthur's previous trials and finds Gilbert's affidavit to be contrary to the great weight of evidence presented against Mr. Arthur at trial and at the (appeal) evidentiary hearing," Pulliam wrote.

"In short, this Court finds the affidavit to be false," she wrote, adding, "the overwhelming evidence and testimony presented before this court established that Gilbert lied, that his affidavit is false and that he had no role in the murder of Troy Wicker."

(source: Gadsden Times)


Offline ScoopD (aka: Pam)

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #80 on: September 08, 2009, 07:16:24 PM »
It's about time, give him a date and let's get on with this, enough frivilous delays, it is time for justice to be served via one anti-crime vaccine prepared especially for Tommy.

gosh, I feel like a broken record,

no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays, no more frivilous delays,


If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine

My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Offline JeffB

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #81 on: September 09, 2009, 06:41:25 AM »
Clay Crenshaw, chief of the capital litigation section of the attorney general's office, said he soon will file a request for an execution date, probably Tuesday.

Atta-boy Clay...  Hopefully you were able to get this done yesterday and they will move quickly to set a date.. 
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

Offline Jeff1857

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #82 on: September 10, 2009, 01:10:57 PM »
Alabama AG seeks execution date for Tommy Arthur


The state attorney general sought a new execution date Tuesday for death row inmate Tommy Arthur, who has already avoided execution three times for a 1982 killing in Muscle Shoals.

Arthur's last execution date was put on hold in July 2008 after another inmate claimed that he killed Troy Wicker Jr. in his Muscle Shoals home - and that Arthur was not involved. A Jefferson County judge reviewed the claim and ruled it false Sept. 1.

Assistant Attorney General Clay Crenshaw said that ruling cleared the way for the state to seek a new execution date Tuesday.

One of Arthur's attorneys, Suhana Han of New York, said Tuesday she could not comment on the attorney general's court filing because she had not yet received a copy.

Setting a new execution date can sometimes take months.

Arthur was convicted of capital murder and sentenced to die for the contract killing of Wicker on Feb. 1, 1982. Wicker's wife, Judy Wicker, originally claimed she was attacked and raped when her husband was killed, but she later testified she hired Arthur, a state work release inmate, to kill her husband. She was convicted for her role and served 10 years in prison.

Arthur, 67, was last scheduled to die at Alabama's Holman Prison on July 31, 2008. But less than 24 hours before his scheduled execution, the Alabama Supreme Court decided 5-4 to put his lethal injection on hold.

The court acted after another state prisoner, Bobby Ray Gilbert, claimed that he killed Wicker and had unprotected sex with Wicker's wife afterward. Gilbert is serving life in prison without parole for convictions in two other killings.

After halting Arthur's execution, the Supreme Court directed Jefferson County Circuit Judge Teresa Pulliam to review Gilbert's claims.

The judge held hearings, with Judy Wicker saying that she did not know Gilbert and that she was present when Arthur shot her husband.

The judge said testimony from other inmates showed Arthur worked with Gilbert to develop the false claim while both were at Holman Prison.

She also wrote that DNA testing of crime scene evidence - done for the 1st time in the case - showed that none of the semen found on Judy Wicker's clothing matched Gilbert's.

Instead, the judge said the semen "is consistent with her having sex with her husband at some time in the close proximity of the murder and her false allegation of rape, and not with Gilbert."

The judge wrote that the evidence "establishes that both Gilbert and Arthur have defrauded this Court."

In addition to Gilbert's execution being halted last year, he also received court-ordered stays after execution dates were set in 2001 and 2007.

(source: Tuscaloosa News)


Offline Mastodon

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #83 on: September 10, 2009, 02:28:02 PM »

Wicker's wife, Judy Wicker, originally claimed she was attacked and raped when her husband was killed, but she later testified she hired Arthur, a state work release inmate, to kill her husband. She was convicted for her role and served 10 years in prison.


WTF???

More evidence that being a woman is a mitigating factor in America.  ::)

Offline JeffB

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #84 on: September 11, 2009, 06:38:04 AM »
Setting a new execution date can sometimes take months.

Why the hell does SETTING the date take months?..  Call the Gov., see what his schedule looks like for the next few months, and pick a damn day....   ::)
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

Offline Jeff1857

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #85 on: September 30, 2009, 03:58:21 PM »
Alabama attorney general's office seeks an execution date for Thomas Arthur----Max Payne is set to die Oct. 8


The Alabama attorney general's office has asked the Alabama Supreme Court to set an execution date for convicted murderer Thomas Arthur.

Arthur's claims that another inmate killed Troy Wicker Jr. in 1982 were rejected by a Jefferson County judge who said Arthur and the inmate were trying "to defraud this court."

In its motion earlier this month, the attorney general's office cited Jefferson County Circuit Judge Teresa Pulliam's August ruling that no credible evidence backed Bobby Ray Gilbert's sworn statement that he, not Arthur, shot and killed Wicker.

Arthur, 67, has been on death row at Holman Correctional Facility since 1983. He has been scheduled for execution more than once, but the Supreme Court postponed the most recent date, July 31, 2008, to allow Pulliam to hold a hearing on Gilbert's statement.

Pulliam ultimately ruled that the state presented "particularly convincing" evidence "that Arthur participated in the creation of Gilbert's affidavit" by feeding him information about Wicker's killing. She also noted that DNA testing refuted Gilbert's claim that he had sex with Wicker's wife, Judy, shortly after the murder.

As of Sept. 23, 203 inmates were on Alabama's death row. One of them, Max Landon Payne, is scheduled to die by lethal injection Oct. 8.

Payne, 38, was convicted of robbing and abducting Cullman County store owner Braxton Brown in 1992 and killing him with 2 shotgun blasts to the face.

5 Alabama death row inmates have been executed this year.

(source: Birmingham News)


Offline ScoopD (aka: Pam)

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #86 on: November 23, 2009, 07:57:43 AM »
No likely execution announcements during holidays

People who keep up with the much appealed death sentence case of Tommy Douglas Arthur shouldn't look for an announcement setting his execution date this year.

The attorney general's office has filed a request for the Alabama Supreme Court to set an execution date for Arthur as the law requires.

The court determines the date, however.

Traditionally, the Supreme Court does not make decisions about death penalty cases during the holidays.

Interest runs high on Arthur in north Alabama. He has been on death row for about 27 years.

Arthur was convicted of murder three times and sentenced to die by three separate juries in the 1982 death of Muscle Shoals resident Troy Wicker.

Arthur was part of a murder-for-hire scheme involving Wicker's wife, Judy. She pleaded guilty in the case and later testified about Arthur.

At the time of Wicker's death, Arthur also was serving time at a Decatur work release facility for a 1977 Marion County homicide that he confessed to.

One witness in the Wicker trials said Arthur threw a gun used in the Wicker killing into the Tennessee River from a bridge in Decatur.

"We are acutely aware of the community's interest in this case," said a Supreme Court employee who asked not to be named. "When the court handles death penalty decisions, it does so very carefully and that takes time."

Arthur, one of the longest serving Alabama death row inmates, has been within hours of execution three times only to have the execution delayed by appeals.

Jefferson County Judge Teresa Pulliam turned down Arthur's most recent appeal in July over new DNA evidence that was tested after another inmate serving a life sentence without parole confessed to killing Wicker.

Pulliam termed the confession "bogus" after the DNA tests she ordered on remaining Wicker evidence were inconclusive.

Barring other appeals, expect an execution date for February or March.

source: www.timesdaily.com


If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine

My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Anne

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #87 on: January 26, 2010, 02:32:35 AM »
http://www.wtvm.com/Global/story.asp?S=11880100

Ala. death row inmate to ask court for reversal

Associated Press - January 26, 2010 5:14 AM ET

MONTGOMERY, Ala. (AP) - A state appeals court is being asked to set aside a ruling that could send Alabama death row inmate Tommy Arthur to the execution chamber.

The Alabama Court of Criminal Appeals hears arguments Tuesday on whether a Jefferson County circuit judge properly threw out another inmate's confession in the Arthur case. Arthur was sentenced to die for the 1982 shooting death of Troy Wicker in his home in Muscle Shoals.

After a judge in Birmingham rejected the confession of life-term inmate Bobb Ray Gilbert, who claimed he killed Wicker, the state attorney general asked the Supreme Court to set an execution date for Arthur. Defense attorneys want the criminal appeals court to overturn the Birmingham ruling and allow further review of Gilbert's claim.


(photo found on : http://news.bbc.co.uk/2/hi/americas/7045909.stm - article wrote in 2007).



Anne

Anne

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #88 on: May 01, 2010, 04:07:55 AM »
http://www.timesdaily.com/article/20100501/ARTICLES/5015018/1011/NEWS?Title=Arthur-loses-another-round

Arthur loses another round

By Tom Smith
Senior Staff Writer

Published: Saturday, May 1, 2010 at 3:30 a.m.
Last Modified: Friday, April 30, 2010 at 10:12 p.m.

Convicted killer Tommy Arthur's efforts to stay out of the execution chamber took another blow Friday when the Alabama Court of Criminal Appeals agreed with a lower court that a confession by another man was not credible.


The court of criminal appeals issued the ruling late Friday afternoon.

Arthur, 67, was sentenced to die for the 1982 shooting death of Troy Wicker at his home in Muscle Shoals. Wicker's wife, Judy Wicker, testified she hired Arthur to kill her husband. Arthur was a state work release inmate at the time.

Arthur has come close to being executed three times. The last came July 31, 2008, when it was stopped by the Alabama Supreme Court because another inmate, Bobby Ray Gilbert, confessed.

Jefferson County Circuit Judge Teresa Pulliam ruled in April 2009 that Gilbert was not telling the truth.

In January, Arthur's attorney, Suhana Han, of New York, asked the court of criminal appeals to overturn the ruling by the Jefferson County judge. Han contended more investigation was needed into Gilbert's claims that he shot Wicker.

Gilbert and Arthur were being held at the same time at the Atmore prison. Gilbert is in the St. Clair Correctional Facility where he is serving a sentence of life in prison without the possibility of parole for a murder conviction. He claims he had an affair with Judy Wicker and killer her husband after she asked him to.

Judy Wicker, who served 10 years on a life sentence for her role in her husband's death, said she does not know Gilbert and says it was Arthur, not Gilbert, who killed her husband.

Pulliam, in her decision, stated that testimony from other inmates showed Arthur worked with Gilbert to develop the false claim while both were at Holman Prison.

Pulliam also had ordered DNA testing be done of clothing from the crime scene for the first time in the case.

In her decision, she also wrote that DNA testing of crime scene evidence showed that none of the semen found on Judy Wicker's clothing matched Gilbert's. But the semen "is consistent with her having sex with her husband at some time in the close proximity of the murder and her false allegation of rape, and not with Gilbert."

In his confession, Gilbert said he had sex with Wicker after killing her husband.

Arthur claims he did not kill Troy Wicker. He has been convicted three times in Wicker's death. Twice his conviction has been overturned on technicalities. His last conviction was in 1991 after the trial was moved to Jefferson County.

He is one of the longest-serving inmates on death row in Alabama. He was sent to death row in 1983.



The Associated Press contributed to this report.










Anne

Offline Jeff1857

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Re: Thomas Douglas Arthur-Al 3/29/12- Appeals Federal Court Decision
« Reply #89 on: August 14, 2010, 05:50:57 PM »
Supreme Court asked to review Arthur trial denial

The oft-appealed murder-for-hire conviction of Tommy Douglas Arthur, one of the longest serving death row inmates, has been appealed again.

Arthur Arthur's attorney filed a petition requesting the Alabama Supreme Court review a judge's 2009 decision not to grant Arthur a new trial.

Arthur was sentenced to die by three separate juries for the Feb. 1, 1982, death of Muscle Shoals businessman, Troy Wicker.

At the time of Wicker's death, Arthur also was serving time at the Decatur work release facility as part of a sentence for a 1977 Marion County homicide to which he confessed.

On July 9, Arthur's New York attorney, Andrew Brinkman, filed a petition for writ of certiorari now pending before the Supreme Court.

There is no timetable on when or if the court will agree to consider Brinkman's request.

Brinkman was not available for comment Wednesday, but the petition on file with the court bases the request on DNA testing of evidence at the crime scene. Brinkman based his request on Alabama Rule 32 that sets terms for introducing evidence not in the original trial.

Assistant Attorney General Clay Crenshaw said the petition before the Supreme Court is based on DNA testing.

DNA testing did not exist when Wicker was murdered at his home in Muscle Shoals. Arthur was convicted of the killing and sentenced to die in two separate jury trials, but the convictions were overturned. Conviction by a third jury still stands.

Arthur has been within hours of execution more than once only to have the execution delayed by appeals.

Three days before Arthur was last scheduled for execution in July 2008, an inmate serving a life sentence without parole confessed to having sex with Wicker's wife, Judy, the day of Troy Wicker's death and killing him.

Because inmate Bobby Ray Gilbert, now serving a life sentence without parole at St. Clair Correctional Facility, was a minor in 1982, he would not face the death penalty if found guilty.

The confession led to a request before Jefferson County Circuit Judge Teresa Pulliam for DNA testing of crime scene evidence to back up Gilbert's confession. Arthur's attorneys sought the testing as basis for a new trial for Arthur.

The state argued DNA testing would not prove Gilbert committed the crime. Pulliam ordered DNA testing.

When DNA tests showed no evidence of any DNA, Pulliam denied Arthur's request for a new trial in July 2009. She termed Gilbert's confession “bogus.”

-----------------------------------------------------------------------------------------------------------------------------------
Enough of these smoke and mirror delays. Get it over with already.

http://www.timesdaily.com/article/20100812/articles/308129986&tc=yahoo