Monday, May 07, 2007

Sherrie Stone: My Father is on Death Row

To Whom It May Concern,

I have a Father on Death row In Alabama, Thomas D Arthur Z-427, (6D-11) N-11A. His last appeal to the Supreme Court was denied April 16, 2007 (You can find the writ filed 18295 Sullivan Arthur BrCv.qxd or try http://www.scotusblog.com/moveabletype/archives/06-954pdf ) The State of Alabama has moved to set the execution date. His attorney has filed one last civil motion to get the DNA evidence tested. He will more than likely be executed within a few months. There is a very strong possibility that he is innocent. He is being executed with out his FIRST Habeas Corpus review. Back in 2001 the Courts said he filed it late. At the time, he did not have an attorney. The State of Alabama does not guarantee death row inmates the right to attorney during the complicated appeal process. He did not even have stamps to mail it, if he had filed one. He did not have access to a law library. They say there is one at Holman, but is really a day room for death row inmates. There are required to request law books. Many experienced attorneys have stated that even if they had access to such law books, there would be hundreds of items to research, multiple law books, and filling such appeals require experienced attorneys with capital murder experience. He was within 7 hours of execution in April 2001, when the courts stayed the execution to review the fact he had no attorney.

However his claim of innocence and request for discovery was denied (DNA evidence that could prove his innocence) The courts said he had not proved his claim of innocence. Kinda of hard to do with out the evidence. Back in 1982 when the crime was committed, Thomas Arthur was on a work release program. It was for a murder that he had plead guilty to. He shot his common law wife’s sister and cousin in a drunken rage. He was looking for his son, the common law wife had left with. Even I had never forgiven him for that crime. However when he was released on the work release program, he had stopped drinking, committed his life to Christ and was speaking to high school kids to help them not make the mistakes he had made. He was a different person. Then he was arrested for the crime he is now on death row for. He always said he was innocent. The victim’s wife Judy Wicker, was also arrested and tried in the murder. Her original statement was my father had nothing to do with the murder. She also stated a black man raped her and killed her husband Troy Wicker. She was given a life sentence and even though there was no physical evidence, my father was also convicted. At the time of the crime, a rape kit was done, bloody clothes were taken, finger prints, hair, the bullet that killed Troy Wicker were among the many items collected. Back then DNA testing was not available. However the finger prints and hair samples did not match my fathers. All of this is in the Writ that was just denied by the Supreme Court.

My father got 2 re-trials because of errors made in the trials. The DNA evidence was never allowed to the defense. The appointed attorneys had no murder experience, especially capital murder experience. One of the appointed attorneys even sent my father a letter saying he was not qualified, or prepared to defend him. Most of the attorneys never communicated with him. Private investigators that offered to help my father were turned away by prison officials and not allowed to visit him. The 2nd trial Judy Wicker changed her story after 10 years in prison in exchange for freedom. Her defense attorney was the prosecutor that put her in prison to start with. He had become a defense attorney. There are 3 people who have admitted to assisting with the murder, Judy Wicker, Wickers sister, Teresa Rowland, and Teresa’s boyfriend at the time, Theron McKinney. All are free, 2 never charged with anything. Also Judy now said my father raped her and killed Troy Wicker. The rape kit results that were done when the crime occurred were never given to my fathers defense attorneys, to this day all the evidence that could be tested for DNA is being denied. The rape kit alone could show my fathers innocence and cast serious doubt on Judy Wicker’s statements.

I am giving you the short version. All of these facts are found in the Writ I provided a link for. The local papers and media in Florence Alabama have been writing about this case, but in a negative way. Everyone is screaming for the victims rights and why is it taking so long to kill my father. I say 25 years is a long time for someone to sit in prison for a crime they did not commit, and even worse to die for a crime they did not commit. I also say they are 2 sets of victim’s when a murder occurs, the family of the murdered, and the family of the convicted one. I have rights as well, and want closure. I want this evidence DNA tested. I want closure just like the family of the murdered. The State of Alabama has always gotten away with making their own rules and doing things that are just not right.

My letter to you is to bring this to your attention and possibly you can inform all the groups and organizations you work with. Perhaps bringing this to the public’s attention will help my father at least win his civil suit to obtain the DNA evidence. Any help will be greatly appreciated.

Sincerely,

Sherrie Stone

11 comments:

Jennie said...

My thoughts are with you hunni!! Keep you head up!!
xx

alex said...
This comment has been removed by a blog administrator.
Sherrie said...

Alabama Executing Innocent Man 09-27-2007
Category: MySpace

New blog: Alabama Executing Innocent thomas Arthur 09-27-07


Sign Petition To Save My Father From Execution 09-27-2007

http:/www.PetitionOnline.com/arthur1/petition.html

Please click on the link and help me save my father from execution on September 27, 2007. Please sign the petition to Alabama Governor Riley. Governor Riley can halt this and demand the DNA evidence be tested and that a jury be allowed to view the evidence that can prove my father's innocence. A jury has NEVER been allowed to view this evidnec. He is innocent!!! The following are facts in this case.

LIFE OR DEATH!! STATE OF ALABAMA KILLING INNOCENT MAN SEPTEMBER 27, 2007

PLEASE HELP ME SAVE MY FATHER THOMAS ARTHUR FROM BEING EXECUTED FOR A CRIME HE DID NOT COMMITT !!!!!

1. NO PHYSICAL EVIDENCE TO LINK HIM TO CRIME. HIS CONVICTION WAS BASED ALMOST EXCLUSIVELY ON THE TESTIMONY OF A CONVICTED MURDERER AND ADMITTED PERJURER.

2. DNA EVIDENCE AVAILABLE THAT THE STATE OF ALABAMA REFUSES TO RELEASE TO MY FATHER FOR TESTING AT HIS OWN EXPENSE !!!!!

3. TWO EYEWITNESSES GAVE STATEMENTS THAT SAID HE WAS SOMEWHERE ELSE WHEN CRIME COMIITTED

4. 3 PREVIOUS TRIALS WHERE JURY WAS NEVER ALLOWED TO VIEW ALL EVIDENCE

5. SWORN STATEMENTS FROM JURY MEMBERS STATING IF THEY HAD SEEN ALL AVAILABLE EVIDENCE , THEY WOULD HAVE VOTED DIFFERENTLY

6. THREE OTHER PEOPLE ADMITTED TO TAKING PART IN THE CRIME, TWO OF WHICH WERE FOUND AT THE SCENE OF THE CRIME WITH BLOOD ON THEIR CLOTHES. THEY WERE NEVER TESTED FOR GUN POWDER RESIDUE TO SEE IF THEY FIRED THE WEAPON THAT KILLED THE VICTIM. THE BLOODY SHIRTS HAVE NEVER BEEN RELEASED TO THE DEFENSE FOR DNA TESTING. ONE OF THEM WENT TO PRISON FOR THE MURDER AND WAS RELEASED 10 YEARS LATER AFTER CHANGING HER TESTIMONY FROM SAYING MY FATHER HAD NOTHING TO DO WITH THE MURDER TO THAT SAYING HE WAS RESPONSIBLE. NOT TO MENTION HER DEFENSE ATTORNEY THAT REPRESENTED HER WHEN SHE WAS FOUND GUILTY WAS NOW THE DISTRICT ATTORNEY AND WAS THE ONE THAT OFFERED HER A RELEASE FROM PRISON FOR HER TESTIMONY AGAINST MY FATHER.

7. MY FATHER IS BEING EXECUTED WITHOUT EVER RECEIVING ANY STATE OR FEDERAL REVIEW OF HIS TRIAL AND DEATH SENTENCE. THIS IS A CONSTITUTIONAL RIGHT EVERY UNITED STATES CITIZEN IS ENTITLED TO.

8. ONLY ALABAMA REFUSES TO PROVIDE DEATH ROW INMATES THE RIGHT TO AN ATTORNEY TO ASSIST THEM IN POST-CONVICTION PETITIONS. YOU DO NOT HAVE THE RIGHT TO AN ATTORNEY IN ALABAMA IF YOU ARE ON DEATH ROW DURING THE APPEAL PROCESS. YOU ALSO DO NOT HAVE THE RIGHT TO AN UPDATED LAW LIBRARY TO ANY RESEARCH. SO BECAUSE OF A PETITION HE WAS FORCED TO FILE ON HIS OWN WAS FILED LATE, HE HAS BEEN TURNED DOWN FOR THE RIGHT TO THE REVIEWS THAT WILL PROVE HIS INNOCENCE.

9. APRIL 27, 2007, HE FILED AN MOTION BEFORE THE STATE MOVED TO SET AN EXECUTION DATE, SEEKING THE EVIDENCE COLLECTED BY THE STATE OF ALABAMA FOR DNA TESTING AT HIS OWN EXPENSE, A RAPE KIT, BLOODY CLOTHING, WIG, HAIR SAMPLES. WE COULD HAVE THIS EVIDNECE TESTED BEFORE THE EXECUTION DATE OF SEPTEMBER 27, 2007. THE STATE OF ALABAMA REFUSES TO ALLOW THIS EVIDENCE TO BE TESTED. MOST STATES NOW REQUIRE THE DNA EVIDENCE TO BE TESTED FOR THOSE COVICTED OF CRIMES, BUT NOT ALABAMA.

10. IN SHORT THE STATE OF ALABAMA WILL EXECUTE MY FATHER BEFORE HE IS PERMITTED TO PRESENT A COURT WITH REASONS WHY HIS CLAIM OF INNOCENCE SHOULD BE HEARD AND BEFORE HE HAS EVER BEEN ALLOWED TO PRESENT EVIDENCE PROVING HIS INNOCENCE. EVERY AMERICAN CITIZEN SHOULD BE CONCERNED ABOUT THIS CONSTITUTIONAL RIGHT BEING DENIED.

ATTACHED IS THE MOTION MY FATHER FILED TO OPPOSE THE STATE OF ALABAMA'S MOTION TO SET THE EXECUTION DATE. PAY CLOSE ATTENTION TO PAGE 4 OF THE MOTION. ALL OF THE INFORMATION I HAVE LISTED IS IN DOCUMENTED COURT TRANSCRIPTS AND DOCUMENTS OF THE TRIALS THAT HAVE TAKEN PLACE SINCE THIS CRIME WAS COMMITTED. IT IS THERE FOR ANY REPORTER THAT WANTS TO GET THE REAL STORY. MY FATHER IS BEING KILLED FOR A CRIME HE DID NOT COMMITT. HE IS WRONGFULLY BEING PUT TO DEATH BY THE STATE OF ALABAMA.

WE ARE NOT ASKING FOR LEGAL ASSISTANCE. WE ARE ASKING FOR HELP IN BRINGING THIS INJUSTICE TO THE PUBLIC'S ATTENTION. WE ARE ASKING THAT THE PUBLIC CONTACT GOVERNOR RILEY IN ALABAMA AND DEMAND A NEW TRIAL ALLOWING MY FATHER THE OPPORTUNITY TO SHOW ALL OF THE AVAILABLE EVIDENCE. WWW.GOVERNOR.STATE.AL.US Governor Riley –State Capital-600 Dexter Avenue-Montgomery, Al. 36103 Switchboard 334-242-7100-Fax-334-353-0004

http://www.PetitionOnline.com/arthur1/petition.html

Most assume he had three trials and must be guilty if he was convicted of the crime three times. However, sworn statements from several members of the jury state "if I had seen ALL of the available evidence, I would not have found him guilty" It does not matter how many trials you have if the State does not allow the defense access to all evidence. If a jury is not allowed to view all evidence including statements from TWO eye witnesses that place my father hundreds of miles from the murder, witnesses that saw someone else that day, fingerprints that did not match him, hair that did not match his, the fact the two people at the crime scene with bloody clothes were never tested to see if they fired a gun, a rape kit results never given to defense (wife of murder victim claimed she was raped by the person that killed her husband), DNA evidence testing now available is not being allowed on multiple items collected by the State of Alabama. PLEASE HELP ME SAVE AN INNOCENT PERSON!!!! IF I CAN BE ALLOWED THE DNA TESTING ON THE ITEMS THE STATE OF ALALBAMA HAS, AND THE ABILITY TO SHOW ALL EVIDENCE IN A NEW TRIAL, I CAN PROVE HE IS INNOCENT. IF THE STATE OF ALABAMA IS SURE ENOUGH TO KILL HIM, WHY NOT LET US DO DNA TESTING ON THE ITEMS AND ALLOW ALL EVIDENCE TO BE SHOWN TO A JURY?

Sincerely,

Sherrie Stone SherrieStone4you@aol.com

Daughter Of:

Thomas D. Arthur Z427 Death Row 6D-11 N-11A Holman 3700 Atmore Al 36503

Tony said...

Sherrie- Write a simple summary of the facts such as:Thomas Arthur is scheduled to be executed in Alabama on September 27, 2007 for murder. The chief witness against him was also convicted of the murder. She testified against Thomas Arthur in exchange for assistance in her parole bid. Her testimony against Thomas Arthur contradicted what she said at her own trial. Thomas Arthur maintains his innocence. DNA evidence, including blood, hair, and semen are still in evidence but have never been tested. The state of Alabama has resisted his requests for modern DNA tests which could prove his guilt or innocence, and help find the real killer. Governor Riley has declined to comment on why DNA testing is not being permitted.
Bring it in-person, or hire someone to bring it to every newspaper, radio station and TV station in Alabama. Put your emphasis on the Governor's failure in this matter.
You can also submit the story to the writers of online news articles on Yahoo and Google. Their names are usually at the top of the article.

Owen Morgan said...

SHERRIE- Keep on fighting, my thoughts & prayers are with you! Nobody can guess what agonies you must be going through over this horrible situation- it is a moral outrage that a nation that claims to be the leader of the civilised world, can allow ANYONE to suffer as it is letting you & your father to suffer. We in the British Isles abolished the death penalty in 1969, though it hadn't been used for 7 years before then- it's high time the USA did the same thing and outlawed capital punishment for all crimes. There must be loads of Americans who hate & loathe the death penalty, but who are afraid to speak out for one reason or another. I run a secondhand bookshop to raise money for Amnesty International, and I will make a point of raising your father's case with all of our customers and get them to sign the petition. Your dad is proud of you- no love is greater than that of a son or daughter who gives their heart & soul to save the life of their parents. Please write to me at:
Owen Morgan,
Malvern Amnesty Bookshop,
3 Edith Walk,
Great Malvern,
Worcestershire WR14 4QH
ENGLAND
GREAT BRITAIN
I want to support you all I can. Please also let me know your dad's address in prison, so's I can contact him also.
Love & Support to you both,
Owen XX

Dr E L Rickles said...

Contact one of the Fox Shows who fight for these things. O'Reily, Greta Van Sustren. Itis a shame forthings like this to take place in our country.
We will be praying for a miracle for your dad.
Dr E L Rickles Pastor
New Covenant Church

John Mitchell said...

Where can I find copies of the transcripts from all the trials, Judy Wickers and Thomas Arthurs.

Truth in Justice Files said...

John Mitchell -- I would guess that you could request copies of transcripts from the defense attorneys. Normally, you can get them from the trial court, but this is on its last emergency appeal, so I'm sure the trial court would have sent its records to the appellate court. Another man has confessed, but the governor says he's going full steam ahead to murder Mr. Arthur. It's the American way.

Anonymous said...

I agree, it seems pretty unjust that they wouldn't consider reviewing the physical evidence further. Statute of limitations (for the appeals process) or not.

This is a bad guy though, and all "blind justice" arguments aside, its very hard to sympathize. He shot your aunt in the eye, and the victim of this crime was also shot in the eye. Later he shot a Colbert county jailer while trying to escape, and it's alleged he was a bank robber as well. A harsher sentence (the death penalty seems appropriate) with one of the first murders he was attributed to, would have been more appropriate, and would have saved a lot of pain and suffering he later brought on innocent people.

Anonymous said...

Sherrie I can understand how you might be grasping for support here. But the transcripts give an entirely different version than yours. You left out some very crucial information in your plea for your father. I am not taking sides here, but people do need to hear both sides, yours and the States, which is very compelling.

Sherrie Stone said...

I did not realize article was still posted untill I googled my self. A lot has changed since I fist wrote that article in 2007. There is now a web site with all the updated information on it. www.ThomasArthurFightForLife.com Please visit there for updated information. That is an old link for the petition as well. there is a new link on the web site. htpp://www.thepetitionsite.com/2/save-thomas-d-arthurfromexecution 09-27-2007. there is a direct link to the petition the web site. There have been 3 scheduled executions since I wrote this article. The latest being 06-31-08Someone has confessed to the murder. However, the State is still trying to re-set another execution date and some of the DNA evidence has come up missing on the day the confession was obtained. The Innocence Project is backing my fathers case as far as the DNA testing goes. Please visit the web site to see all updated info and past and current motions that have been filed.

Sherrie Stone