Britta
New execution date to be set for Arthur
Sat Sep 5, 2009 9:48am
75.249.200.175

New execution date to be set for Arthur

By Dana Beyerle
Times Montgomery Bureau

Published: Friday, September 4, 2009 at 8:26 p.m.
Last Modified: Friday, September 4, 2009 at 8:27 p.m.
MONTGOMERY — 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 three 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 three 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.”

http://www.gadsdentimes.com/article/20090904/NEWS/909049981/1017/NEWS?Title=New-execution-date-to-be-set-for-Arthur

  • Judy Wicker breaks silence after 27 yearsBritta, Sun Apr 26 5:51pm
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    • New execution date to be set for Arthur — Britta, Sat Sep 5 9:48am
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