Post by Anja on Jun 23, 2006 18:13:20 GMT -5
Attorney Seeks Stay Of Execution
Attorneys for death row inmate Bobby Glen Wilcher late last week asked a
federal judge to reinstate a stay of execution after Wilcher had earlier
asked that his remaining appeals be dropped.
The move is the latest development in a case that has kept 2 victims'
families on a rollercoaster of emotions and wondering if the case would
ever be closed with Wilcher's two death sentences being carried out.
Wilcher, 44, has remained on death row at the state penitentiary in
Parchman for the March 6, 1982, murders of Velma Odell Noblin and Katie
Bell Moore. Wilcher, who was 19 at the time of the murders, was convicted
in July 1982 of Noblin's murder and later convicted in the Moore murder.
Wilcher received a death sentence in both cases.
Wilcher has been on death row longer than he was free. He was sentenced at
age 19 and has been on death row since - for the last 24 years.
New sentencing trials were ordered in 1993 and Wilcher again was sentenced
to death in both cases in 1994. He remained at Parchman with his case
continued through appeals, which have been repeatedly denied in the state
and federal court systems.
According to court records, on May 24, 2006, Wilcher filed a motion in
federal court asking that all remaining appeals be dropped and allow the
state to proceed with his execution. After a hearing on June 8, U.S.
District Judge Henry Wingate granted Wilcher's request.
Attorney General Jim Hood last Thursday asked the court to set a July 14
execution date.
Wilcher's attorney, Cliff Johnson, on Friday filed a motion asking the
federal court to reinstate the stay of execution, citing Wilcher's mental
competency and that Johnson was out of town when the judge granted the
request.
Scott County Circuit Clerk Joe Rigby, who was the coroner at the time of
the murders and a nephew of the late Katie Moore, said Monday that he is
hopeful Wilcher's execution could be near.
"I just hope we are coming to the end of the road," Rigby said. "The
families are well deserving of closure. I don't know if this is the final
thing or not."
Sue May, Moore's sister, said Friday she had shared lunch with Nell
Boykin, daughter of Velma Noblin, the previous week and talked about the
case. May said a number of family members have passed away since the
murders without having seen Wilcher's execution.
"We wished we could get closure while some of us are still around," May
said. "There are so many mixed emotions about this. It has been horrible
on our family."
May repeated a statement referring to past publicity of the case in The
Scott County Times that included a picture of Wilcher on the front page.
May said she did not mind the attention.
"What makes me mad is that there is still a reason for people to keep
putting his picture in the paper," May said.
Mike Henry, one of Noblin's four sons who still lives in Homewood, did not
return messages seeking comment.
In the motion asking Judge Wingate to reconsider Wilcher's request,
Johnson wrote that "serious questions exist whether (Wilcher) is mentally
competent to make the gravely serious decision to abandon all appeals in
his case."
Johnson also cited psychological effects of Wilcher's time on death row
and numerous medications that Wilcher takes as reasons to grant the stay.
Johnson also claimed in the motion that he did not receive notice of the
June 8 hearing until the day before it was scheduled, preventing adequate
time to prepare for the hearing. Johnson said in the motion he was working
and living abroad and was unable to attend the hearing. Attorneys
attending the hearing for Wilcher had never met him and were unfamiliar
with the case, Johnson said.
Johnson did not return messages seeking comment.
More than 24 years ago, Moore, 47, mother of 4 children, and Noblin, 52,
mother of 10 children, encountered Wilcher at a nightclub in Forest on
March 5, 1982, where he asked them to give him a ride home. Instead,
Wilcher diverted them to a deserted road where their bodies were found the
next day.
Medical examiners determined Moore and Noblin had each been stabbed more
than 20 times.
Wilcher was later stopped by a Forest police officer for speeding while
driving what would later be proven as Noblin's brown 1978 Datsun. The
officer described Wilcher as "sacturated with blood."
(source: Scott County Times)
Attorneys for death row inmate Bobby Glen Wilcher late last week asked a
federal judge to reinstate a stay of execution after Wilcher had earlier
asked that his remaining appeals be dropped.
The move is the latest development in a case that has kept 2 victims'
families on a rollercoaster of emotions and wondering if the case would
ever be closed with Wilcher's two death sentences being carried out.
Wilcher, 44, has remained on death row at the state penitentiary in
Parchman for the March 6, 1982, murders of Velma Odell Noblin and Katie
Bell Moore. Wilcher, who was 19 at the time of the murders, was convicted
in July 1982 of Noblin's murder and later convicted in the Moore murder.
Wilcher received a death sentence in both cases.
Wilcher has been on death row longer than he was free. He was sentenced at
age 19 and has been on death row since - for the last 24 years.
New sentencing trials were ordered in 1993 and Wilcher again was sentenced
to death in both cases in 1994. He remained at Parchman with his case
continued through appeals, which have been repeatedly denied in the state
and federal court systems.
According to court records, on May 24, 2006, Wilcher filed a motion in
federal court asking that all remaining appeals be dropped and allow the
state to proceed with his execution. After a hearing on June 8, U.S.
District Judge Henry Wingate granted Wilcher's request.
Attorney General Jim Hood last Thursday asked the court to set a July 14
execution date.
Wilcher's attorney, Cliff Johnson, on Friday filed a motion asking the
federal court to reinstate the stay of execution, citing Wilcher's mental
competency and that Johnson was out of town when the judge granted the
request.
Scott County Circuit Clerk Joe Rigby, who was the coroner at the time of
the murders and a nephew of the late Katie Moore, said Monday that he is
hopeful Wilcher's execution could be near.
"I just hope we are coming to the end of the road," Rigby said. "The
families are well deserving of closure. I don't know if this is the final
thing or not."
Sue May, Moore's sister, said Friday she had shared lunch with Nell
Boykin, daughter of Velma Noblin, the previous week and talked about the
case. May said a number of family members have passed away since the
murders without having seen Wilcher's execution.
"We wished we could get closure while some of us are still around," May
said. "There are so many mixed emotions about this. It has been horrible
on our family."
May repeated a statement referring to past publicity of the case in The
Scott County Times that included a picture of Wilcher on the front page.
May said she did not mind the attention.
"What makes me mad is that there is still a reason for people to keep
putting his picture in the paper," May said.
Mike Henry, one of Noblin's four sons who still lives in Homewood, did not
return messages seeking comment.
In the motion asking Judge Wingate to reconsider Wilcher's request,
Johnson wrote that "serious questions exist whether (Wilcher) is mentally
competent to make the gravely serious decision to abandon all appeals in
his case."
Johnson also cited psychological effects of Wilcher's time on death row
and numerous medications that Wilcher takes as reasons to grant the stay.
Johnson also claimed in the motion that he did not receive notice of the
June 8 hearing until the day before it was scheduled, preventing adequate
time to prepare for the hearing. Johnson said in the motion he was working
and living abroad and was unable to attend the hearing. Attorneys
attending the hearing for Wilcher had never met him and were unfamiliar
with the case, Johnson said.
Johnson did not return messages seeking comment.
More than 24 years ago, Moore, 47, mother of 4 children, and Noblin, 52,
mother of 10 children, encountered Wilcher at a nightclub in Forest on
March 5, 1982, where he asked them to give him a ride home. Instead,
Wilcher diverted them to a deserted road where their bodies were found the
next day.
Medical examiners determined Moore and Noblin had each been stabbed more
than 20 times.
Wilcher was later stopped by a Forest police officer for speeding while
driving what would later be proven as Noblin's brown 1978 Datsun. The
officer described Wilcher as "sacturated with blood."
(source: Scott County Times)