Tags: Lawyer's | Admission | Halts | Execution

Lawyer's Admission Halts Execution

Wednesday, 29 November 2000 12:00 AM

The North Carolina Supreme Court on Tuesday issued a stay of execution for Russell Tucker, who was scheduled to die by lethal injection on Dec. 7. It sent his case back to Forsyth County Superior Court for a new hearing with two new lawyers.

Tucker's attorney, David Smith, admitted in an affidavit that he had "passively" sabotaged Tucker's appeal by failing to file an important court document on time.

Tucker was convicted of first-degree murder in the 1994 shooting of Maurice Williams, a Kmart security guard shot in the chest and abdomen as he tried to stop Tucker because he thought Tucker had stolen clothes from the Winston-Salem store.

Smith, a former assistant U.S. attorney, said he suffered from insomnia and was depressed after he was appointed to Tucker's case in February 1998. He said that after he met Tucker, he believed he should be executed.

"I decided that Mr. Tucker deserved to die and I would not do anything to prevent his execution," Smith said in an Oct. 24 affidavit filed in Forsyth County Superior Court.

"I was passively sabotaging Mr. Tucker's post-conviction recourse in state and federal court," Tucker said in the affidavit. He said he decided to come forward after Tucker's execution date was set.

Ken Rose, director of the North Carolina Center for Death Penalty Litigation, said Tucker's case was "an obvious failure of the system, where the attorney wants to kill his client and has admitted that."

Copyright 2000 by United Press International. All rights reserved.

© 2019 Newsmax. All rights reserved.

   
1Like our page
2Share
Pre-2008
The North Carolina Supreme Court on Tuesday issued a stay of execution for Russell Tucker, who was scheduled to die by lethal injection on Dec. 7. It sent his case back to Forsyth County Superior Court for a new hearing with two new lawyers. Tucker's attorney, David Smith,...
Lawyer's,Admission,Halts,Execution
251
2000-00-29
Wednesday, 29 November 2000 12:00 AM
Newsmax Media, Inc.
 

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved