South Carolina Criminal Lawyer Blog

Last week, it was recommended that Anthony Sowell, having multiple murder charges, receive the death penalty. In 2009, Sowell was arrested in relation to the murders of eleven women whose bodies were found in his home in Ohio. He was charged with 85 counts of murder, rape and kidnapping. At first, he pleaded not guilty by reason of insanity, but later changed his plea to not guilty. On July 22, 2011, Sowell was convicted on 83 of the 85 charges including the deaths of the eleven women found in his home. Prior to this arrest, in 1989, Sowell kidnapped and raped a lady who was three months pregnant. She entered his home on her own will, but when she tried to leave, he tied her hands and feet with a tie and belt and gagged her with a rag. He was charged with kidnapping, rape and attempted rape. He plead guilty to attempted rape and served 15 years in prison and was released in 2005.

In 2007, Sowell's neighbors complained to the health department about a foul smell coming from Sowell's home. That is what led authorities to the discovery of the dead bodies in and around his home. On July 22 of this year, Sowell was actually convicted of his crimes and had an opportunity to explain his actions to a jury.

Judge Ambrose asked the jury to weigh the murders against the testimony over the last week that said Sowell's violent acts stem from PTSD, OCD, psychosis and other disorders which were all worsened by a heart attack years earlier. Sowell's convictions of multiple counts of aggravated murder and attempt to kill three other women sound like the work of a professional killer. So much so, the jury recommended he be sentenced to death.

When Sowell finally spoke to the court, he said " the only thing I want to say is that I'm sorry. I know that may not seem like much. And I'm sorry from the bottom of my heart." He made his statement to the court under guidance of his criminal defense attorneys. Sowell added, "This is not typical of me. I don't know what happened. I can't explain it. But I know it's not a lot, but that's all I can give."

Sowell's criminal defense lawyers tried to argue that the defendant's actions were a product of his up-bringing. Since Sowell has been incarcerated before, his attorneys didnt want him sentenced to life. Apparently in the past, Sowell had good behavior while he was in jail. He was also cellmates with a convicted sex offender. This cellmate actually testified for Sowell in court, saying he is a "nice, loving, caring person."

If you or someone you know has been charged with a federal crime, call one of the criminal defense lawyers at The Mace Firm today for a free consultation.

Tweet

Continue reading "Anthony Sowell Trial" »

The trial for the murder of 2 year old Caylee Anthony will continue without the testimony of the defendant, Casey Anthony. Casey will face a possible death sentence if she is convicted of the 2008 murder of her daughter, Caylee Anthony. Once Casey told the judge she will not testify as to what happened to her daughter, her defense team rested its case. During over 30 days of this trial, many people have given their testimonies, like Anthony's parents, grief experts and medical examiners.

Although she will not testify, Casey's criminal defense attorney is arguing that she first lied about Caylee being abducted by a nanny, then lied about the accidental drowning of her daughter because she was sexually abused by her own father, George Anthony.

There is reasoning behind the decision of her defense lawyer to not have Casey testify. They have decided to go this route because there is a chance that some of jurors may relate to Casey regarding the allegations that she was molested by her father. When people are put under that type of personal stress, they may act in unusual ways. In Casey's case, the ways she dealt with the disappearance of her daughter was by partying and going on shopping sprees.

Before the jury decides who is guilty in this murder case, they must comb through all the evidence that was presented and interpret each testimony given by witnesses and experts.
Some think that the absense of her testimony will leave a huge hole in Casey's defense. There have been quite a few stories suggested by the defense, including that Casey was present at the time of Caylee's drowning, which may or may not have happened. All of us on-lookers will have much to look forward to as the attorneys make their closing statements and the jury deliberates.

Tweet

Continue reading "Casey Anthony Update" »

Amanda Knox, a US citizen, is in an Italian appeals court in Italy for murduring her British roommate in 2007. Knox was convicted of murdering Meredith Kercher in the apartment they shared as exchange students. She is sentenced to 26 years in prison and her boyfriend, Raffaele Sollecito, sentenced to 25 years. It seems that one of the only witnesses in this crime is a heroin addict who is now having trouble remembering specific dates and times that would link Knox and her boyfriend to the crime scene. According to MSNBC.com, "The contradicting testimony and confused dates offered by Antonio Curatolo, a self-described drug addict and homeless man now in prison for an unrelated conviction, cast doubts on his credibility. The defense called him flat-out unreliable, while the prosecution maintained that, despite some lack of precision, the witness was lucid and clear in what he remembered." The website also reports that "the witness has directly contradicted Knox and Sollecito's claim that they were at Sollecito's house the night of the murder."

The appeals trial will include a review of DNA evidence from the crime scene. Some reports are telling us that there may be too little DNA evidence in this case to hold Amanda Knox accountable for the murder. If that is the case, then prosecutors may have to find another way to link her to the murder, other than the DNA on the knife and the heroine-addict eye witness.

Even though the knife was linked to Knox, there is DNA evidence on the victim's bra clasp that ties Sollecito to the crime scene. According to one webiste, "Prosecutors had contended that they'd found Sollecito's DNA on the bra clasp which was cut from Kercher's body, but the scientists now say the clasp is too rusted to get a reading."

If you or someone you know is involved in a case as serious as the Knox case, you will need to hire a federal criminal attorney. Call one of the federal criminal attorneys at The Mace Firm for help.

Continue reading "Amanda Knox" »

The South Carolina newspaper, The State, indicated that a man from Montauk, New York, Thomas Solheim, has been arrested for his alleged involvement in the 1992 murder of a sailor near the South Carolina naval base. Solheim's arraignment was originally scheduled for Wednesday; however, he had to be hospitalized due to seizures and the hearing was postponed. It is unclear as to the amount of evidence the government has against Solheim. Charles Welty apparently made a confession last week about his role in the crime.

In this type of case, the circumstances are not always clear and it is important to be provided with all information and discovery the government has to offer before speaking about the case to anyone. Any interrogation and/or confession at this stage could be incredibly damaging without consulting with an attorney first. A murder investigation is very serious and since this incident occurred in 1992, the forensics may not be wholly reliable and DNA testing may need to be conducted. It is the responsibilty of your defense attorney to determine the validity of the evidence in order to prepare a proper defense. Our South Carolina criminal lawyers are experienced within the state system and can assist you with your case.

Continue reading "South Carolina Murder Investigation" »

An inmate at the Lieber Correctional Institution has received the death penalty for the murder of another inmate. The defendant stabbed the other inmate at least twelve times with a makeshift knife. He pleaded guilty and asked for no mercy, stating to the Circuit Judge that he wanted to die for his crimes. He was in prison for life for killing two people during a robbery several years earlier.

Since this man plead guilty, his direct appeal will be limited to the plea colloquy and sentencing transcripts. Therefore, it is most likely this conviction will be upheld by the South Carolina Court of Appeals, unless an appellate attorney in South Carolina can show that the plea was coerced or involuntary. Additionally, the defendant may decide to pursue a postconviction relief motion, comonly known as a PCR, in an atempt to show he received ineffective assistance of counsel. He received the death penalty, so a South Carolina criminal attorney will most likely be appointed to represent him during a PCR hearing. However, it is doubtful that this motion will be successful since the inmate asked for the death penalty, his statement will be on the record.

The family of the young man who was murdered by this inmate may be able to file a civil action against the prison for negligence, wrongful death, or file a claim in Federal Court as a violation of his civil rights. However, because the prison is a state facility, the prison officials will have some protection from liability. A wrongful death attorney in South Carolina will have to show that prison officials were not properly trained, and failed to properly supervise the inmates at this facility, which led to the young man's death.

Continue reading "Inmate gets Death Penalty after South Carolina Prison killing" »

Local law enforcement in North Myrtle Beach have stated that they will not be pressing charges in an incident during which a man died. The man was seen shoplifting in Wal-Mart and three employees and a bystander wrestled him to the ground in the parking lot. At some point during the incident, the man died. An autopsy has been performed, but the cause of death has not been released at this time. Additionally, it is unknown whether these Wal-mart employees have hired an attorney or more specifically, a criminal defense lawyer in Myrtle Beach.

Based on these known facts, it appears that this was not a murder. The parties involved did not have the intent to kill the man, but were trying to prevent a theft. Murder requires the intent to kill or a willful disregard for human life, known as depraved heart murder. Additionally, these individuals could not be charged with voluntary manslaughter because this homicide also requires an intent to kill but is mitigated by the state of mind of the individual or the circumstances surrounding the case. Involuntary manslaughter is negligent homicide and does not require an intent to kill.

However, depending on the results of autopsy, the deceased family may have a claim for wrongful death. The family would have to prove the man's death was caused by the individuals that wrestled the man to the ground. Therefore, the autopsy will be the key piece of evidence in this case.

Continue reading "No Charges Filed in Wal-Mart Death" »

Robert Parker has been charged with murder. His case was in the media as he is alleged to have shot and killed his wife in the Loews parking lot in North Myrtle Beach. This case is based on a divorce between Mr. Parker and his wife Donna Parker. The couple was apparently together at the Loews in North Myrtle Beach after the police had been to their how several times for criminal domestic violence. Normally a criminal domestic violence charge will automatically have a restraining order. The Sun News reported that the Horry County Police Department responded to the former address of the Parker's 13 times in just over a month. This would require some type of arrest for criminal domestic violence in Horry County.
The Sun News also has reported that the couple was fighting over their business and employees. The Parkers were in the process of getting a divorce, but it seems they were still having to spend a substantial amount of time together. There was a divorce case and the Parkers had divorce lawyers in Myrtle Beach. Every time the police are called to a domestic violence case they usually arrest one of the parties. In this case it appears that one of the Parkers would always leave prior to the police arriving.
Mr. Parker is going to need to hire a very good Myrtle Beach Attorney to represent him in his case. He will need to be evaluated to determine if he was competent at the time of the shooting and whether the shooting was in self defense.

Continue reading "Horrry County Man Charged with Murder in North Myrtle Beach" »

Horry County Police are investigating three house fires near Loris, South Carolina and currently believe it was arson. Arson is the malicious burning of dwelling house of another and can be a first degree felony, second degree felony or third degree felony. A solicitor must prove each element beyond a reasonable doubt at trial.f

If a person is killed during the fire, the crime constitutes felony murder. A person is charged with felony murder when there is a homicide during the commission of the following state or federal crimes: burglary, arson, rape, robbery, kidnapping. Federal law also includes carjacking and terrorism. Even if the death is accidental, a defendant can be charged with manslaughter. If a person breaks in to a home and enters it to start a fire, the defendant would most likely be charged with burglary and arson.

The police in Loris are entertaining the possibility that the fires could have been started out of revenge, which is very common, or the fires could have been started by someone who is infatuated by fire. Local authorities are worried that someone may be injured if the fires continue in Loris.

Continue reading "Horry County Police investigation Arson in Loris" »

The Charleston Courier is reporting that a Conway, South Carolina man has been charged with murder. The murder charge stems from a road rage incident in Horry County. Horry County Sheriff's department arrested David Pacheco on Saturday night at the scene of the shooting. This Conway murder charge may not be as strong of a case as one might think. The Charleston Post and Courier are reporting that Pacheco shot and killed Victor Arce after Arce intentionally caused a wreck. Pacheco will have some real defenses to these charges. The Horry County Solicitor's office will prosecute the case and the case will be before a General Sessions judge in Conway.

Pacheco will have the opportunity to hire a criminal defense lawyer in Conway or any criminal defense lawyer in South Carolina. Pacheco will most likely not face the death penalty in this case because there was not premeditation prior to the killing. Many times the a case with similar facts would expose a defendant to a plea offer ranging from 10 years to 25 years. Unless Pacheco is willing to plead guilty to many years in prison, he must get a trial attorney to prepare his case. Many times people hire lawyers who have never had a trial or litigated any case to verdict.

Continue reading "Conway Man Charged with Murder" »

The Horry County coroner has confirmed that the death of a 17 month old child in Galivants Ferry was from blunt head trauma. The grandmother of the child and her boyfriend will most likely be charged with murder, child neglect and child abuse. The grandmother appears to be only 37 years old and her boyfriend 30 years old. Both will have a right to a bond hearing before a Circuit Court Judge in Conway. Any bond that is set for these two defendants will be a rather high number. There are several defenses to this case, but most will require the testimony of an expert witness regarding the cause of death. It will also be important to ask the court to preserve the childs body for examinaiton by a defense expert. The preservation of any possible evidence that could vendicate the defendant is extremely important. The autopsy was performed by the Horry County Coroner, yet the child was in Charleston at the time of death. This means that there were several procedures performed on the child outside of Horry County which must be investigated. If the defendants have
A manslaughter charge would help with limiting the defendants prison time exposure. A good defense attorney will have to move quickly in defending this case and trying to convince the solicitor's office to indict the defendants on manslaughter instead of murder.

Continue reading "Horry County Coroner Confirms Trauma Related Death" »

Immediately after I discussed this case on the blog, authorities in Pittsburgh Pennsylvania have discovered the body of a woman who may be connected with the newborn brought to the hospital by Andrea Curry-Demus. Ms. Curry-Demus previously claimed to have purchased the newborn for $1,000.00. However, a woman's body that was bound and gagged was discovered in an apartment belonging to Ms. Curry-Demus. There was evidence of a partial evisceration and a placenta was found at the scene.
With this new evidence, Ms. Curry-Demus could be facing a variety of new charges. These charges include: murder in the first degree, murder in the second degree, depraved-heart murder, felony murder, manslaughter, and kidnapping. In Pennsylvania, a person convicted of first degree murder may receive the death penalty. However, not the electric chair. Use of the electric chair was abolished in 1990, now like most states, lethal injection is used.
If the state decides to pursue the death penalty against Ms. Curry-Demus, there will be two phases. First the trial phase during which the evidence against her for the murder would be presented by the state. If convicted of first degree murder, the second phase of the proceedings would begin, her sentencing hearing.
During the sentencing phase, any mitigating factors are presented by her defense attorney. Ms. Curry-Demus may have an affirmitive defense, insanity. However, if her attorneys decide to proceed with the insanity defense, a pretrial motion must be filed before the start of the trial. The State is entitled to notice of this defense.

Continue reading "Body Found Likely Connected to Pittsburgh Newborn" »

http://www.criminal-trial-lawyer.org/index.html Three individuals have been arrested for murder by the Myrtle Beach Police Department. The murder occurred during Bike Week and is said to have been related to a parking space dispute. A Coastal Carolina University student was killed in the incident. Myrtle Beach police have 911 calls that describe the incident. This type of murder is very uncommon for this area of the country. Fights and gun battles are not uncommon for the streets of Miami, but the streets of Myrtle Beach are usually safe from this type of conflict. The three defendants have not been indicted by the local solicitor on this case. There will most likely be an indictment in the coming weeks. The defendants could face the death penalty depending on what information investigators provide to the solicitor's office.
A first degree murder indictment will allow the solicitor's office to decide whether to seek the death penalty on one or all the defendants. Evidence of the murder will be centered eye witnesses and the 911 calls that were recorded. Having defended clients for murder in the past, I can assure you that time is of the essence in preparing a good defense. The primary defenses from the facts reported to date would be mistaken identity or self defense. Independent investigations are critical to either support or contradict the investigation of the police department. The solicitor's office will most likely try to get one of the defendants to testify against the others. This will increase the likelihood of a conviction. In the federal system this is called flipping a defendant. Federal cases are almost always based on "flipping or flips", whether they are witnesses or co-defendants.

Continue reading "Myrtle Beach Murder Arrests" »