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South Carolina death row inmate wants to delay execution, says co-defendant lied about not having plea deal

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South Carolina death row inmate wants to delay execution, says co-defendant lied about not having plea deal

A South Carolina death row inmate scheduled to be executed later this month is urging the state Supreme Court to delay his execution to allow his lawyers to argue that his co-defendant who testified against him lied about having no plea deal in exchange for his testimony.

Freddie Eugene Owens, 46, is set to be executed on Sept. 20 for the 1997 killing of store clerk Irene Graves during a string of robberies in Greenville. Owens also killed his cellmate at the Greenville County Jail after his conviction in 1999, but before his sentencing.

In addition to the argument over the plea agreement, attorneys for Owens said in court papers filed Friday that a juror observed an electronic stun device Owens had to wear in court to assure good behavior and that a judge never addressed why he was required to wear it, according to the Associated Press.

This comes as South Carolina seeks to put Owens to death, which would mark the state’s first execution in 13 years after an involuntary pause over struggles in recent years obtaining lethal injection drugs.

SOUTH CAROLINA’S FIRST EXECUTION IN MORE THAN 13 YEARS SET FOR NEXT MONTH

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Freddie Eugene Owens, 46, is scheduled to be executed on Sept. 20 for the 1997 killing of store clerk Irene Graves. (South Carolina Department of Corrections via AP)

Lawyers for the state have until Thursday to answer Owens’ request to delay his execution while he presents new evidence to a judge and demands a new trial.

The bar is typically high to grant new trials after death row inmates exhaust all their appeals. Owens’ lawyers said previous attorneys scrutinized his case carefully, but the new evidence only came up in interviews as his potential execution neared.

Co-defendant Steven Golden testified that Owens shot Graves in the head because she was unable to open the safe at the Greenville store 27 years ago.

The store had surveillance video, but it did not show the shooting clearly. Prosecutors never found the weapon used in the shooting and failed to show any scientific evidence linking Owens to the killing.

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Golden told jurors at the trial in 1999 that he did not have a plea agreement with prosecutors and could still be sentenced to death or life in prison after testifying. 

However, in a sworn statement signed Aug. 22, Golden said he reached a side deal with prosecutors, an admission Owens’ attorneys said might have changed the minds of jurors who believed his testimony.

“My written plea agreement said the death penalty and life without parole were still possible outcomes and there were no specific guarantees about what my sentence would be,” Golden wrote in his statement. “That wasn’t true. We had a verbal agreement that I would not get the death penalty or life without parole.”

Electric chair

This undated photo provided by the South Carolina Department of Corrections shows the state’s death chamber in Columbia, South Carolina, including the electric chair, right, and a firing squad chair, left. (South Carolina Department of Corrections via AP, File)

Golden was sentenced to 28 years in prison after pleading guilty to a lesser charge of voluntary manslaughter, court records show.

Addressing the electronic stun device Owens was wearing during trial, Owens’ lawyers said courts have long required judges to explain to juries why defendants are wearing visible restraints, such as shackles, and that there must be debate by the judge balancing courtroom security versus the impact the device might have on a fair trial.

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Owens’ lawyers said the judge failed to do this in his trial.

Once one of the busiest states for executions, South Carolina has not carried out the death penalty since 2011 due to trouble in recent years obtaining lethal injection drugs after its supply expired because of pharmaceutical companies’ concerns that they would have to disclose that they had sold the drugs to state officials. But the state legislature passed a shield law last year allowing officials to keep lethal injection drug suppliers private.

South Carolina previously used a mixture of three drugs, but will now use one drug, the sedative pentobarbital, for lethal injections in a protocol similar to that of the federal government.

Lethal injection, electrocution and the new option of a firing squad are all expected to be available for Owens’ execution. Owens has until Sept. 6 to choose the method for his execution. He signed his power of attorney over to his lawyer, Emily Paavola, to make that decision for him.

If Owens does not make a decision, he would be sent to the electric chair, and he does not want to die that way, Paavola said. Lawyers for the state asked the South Carolina Supreme Court to rule if Owens’ lawyer can make that decision for him.

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PROSECUTORS TO SEEK DEATH PENALTY FOR PHD STUDENT ACCUSED OF KILLING FRIEND’S BABY IN PENNSYLVANIA

Penitentiary

Once one of the busiest states for executions, South Carolina has not carried out the death penalty since 2011. (AP Photo/Sue Ogrocki, File)

“Mr. Owens has a long-standing, deeply held religious conviction that physically signing the election form is taking an active role in bringing about his own death and is thus akin to suicide. Mr. Owens’ Muslim faith teaches that suicide is a sin, and it is forbidden,” Paavola wrote in court papers.

The state Supreme Court also said on Friday it would wait at least five weeks between executions.

The court rejected a request from lawyers for the condemned inmates to set three months between executions to relieve pressure on prison staff that could result in mistakes and give lawyers time to dedicate time exclusively to each prisoner’s case.

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Instead, the court promised five weeks between executions. Under state law and a timeline first issued when the justices ruled executions could restart last month, the court could issue execution orders every week on Friday if it wants. Prison officials told the state that four weeks would be acceptable.

South Carolina currently has 32 inmates on death row.

The Associated Press contributed to this report.

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Florida transit agency increasing accessibility of Narcan to help reverse opioid overdoses

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Florida transit agency increasing accessibility of Narcan to help reverse opioid overdoses

A transit agency in Florida installed new Narcan kits at its four bus terminals and its employees are being trained on how to use the nasal spray to reverse opioid overdoses.

The Pinellas Suncoast Transit Authority told Fox 13 it is the first transit agency in the Sunshine State to offer such a Narcan training program. A Narcan kit was also installed at PSTA headquarters.

“We transport a lot of people every day. And we’ve seen, there are times when people go unresponsive and that could be for a preexisting medical condition. It could be for something else,” PSTA safety, security, and training supervisor Eddie Kester told the outlet. “And we want to be equipped with the right tools for the job.”

“We know we have a challenge,” Kester added. “We’re putting things out there that we think can help people who are in need around Pinellas.”

OREGON REVERSES COURSE AND RECRIMINALIZES DRUG POSSESSION

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The Pinellas Suncoast Transit Authority installed new Narcan kits at its four bus terminals. (AP Photo/Mark Schiefelbein, File)

Pinellas County, Florida, has seen a steady increase in deaths caused by accidental opioid overdoses since 2018, according to data from the Pinellas County Opioid Task Force.

Dan Zsido, a retired lieutenant with the Pinellas County Sheriff’s Office, served 40 years in law enforcement, mostly in narcotics investigations. He is working to train hundreds of PSTA employees on how to use the new Narcan kits.

“This little, tiny device with a very small amount of fluid ultimately can mean the difference between life and death,” Zsido told Fox 13, referring to the Narcan nasal spray.

Doses of Narcan are packed inside a cardboard box

Pinellas County has seen a steady increase in deaths caused by accidental opioid overdoses since 2018. (FOX News)

“It could be either heroin, which is obviously an illicit drug. It could be prescription medication,” Zsido said of the drugs that can cause overdoses that Narcan can help reverse. “It could be oxycodone, hydrocodone, morphine. Of course, street drugs. Fentanyl.”

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The Narcan kits were installed in locations that only PSTA staff have access to ahead of International Overdose Awareness Day on Aug. 31.

PSTA is now seeking to inform the public, so passengers will know that life-saving resources are available at the bus terminals in an emergency.

FEDERAL PRISON WORKER DIES AFTER TOUCHING DRUG-LACED PACKAGE SENT TO INMATE: DOJ

Boxes of Narcan nasal spray

The Narcan kits were installed in locations that only PSTA staff have access to ahead of International Overdose Awareness Day. (Fox News)

“Maybe we could be a pilot program for other counties,” Zsido said. “But I’m just glad that we’re able to take this further now and save more lives.”

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Officials said they would like to eventually install Narcan kits on all the buses themselves.

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Flagstock: UNC Chapel Hill fraternity brothers who defended American flag finally getting their 'rager'

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Flagstock: UNC Chapel Hill fraternity brothers who defended American flag finally getting their 'rager'

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The fraternity brothers at the University of North Carolina-Chapel Hill who defended the American flag during spring semester campus unrest are getting their party.

A GoFundMe page created by a third party raised more than $500,000 for the college men who prevented the American flag on Chapel Hill’s quad from touching the ground when anti-Israel agitators tried to replace it with the Palestinian flag, promising a “rager.” Country singer John Rich then offered to host a concert on Monday in their honor.

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That concert turned into a large show featuring multiple artists and bands including Big & Rich, Aaron Lewis, John Ondrasik and Lee Greenwood. More than 2,000 invited Chapel Hill attendees are expected to show on Monday.

“Somebody raised these guys correctly.”

— John Rich

“I was so impressed that, first of all, someone had taught them . . . that you never let the American flag touch the ground, under any circumstances,” Rich told Fox News Digital when asked about his impression of the photo in May. “Somebody raised these guys correctly. They understand what’s going on.”

ANTI-ISRAEL DEMONSTRATORS GATHER AT UNC-CHAPEL HILL CHANCELLOR’S OFFICE, SMEAR RED PAINT ON BUILDING

UNC Chapel Hill students hold up the American flag during a campus protest on Tuesday, April 30, 2024. Anti-Israel agitators replaced the American flag with the Palestinian flag during the demonstration. (Parker Ali/The Daily Tar Heel)

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The flag incident happened on April 30, when anti-Israel agitators set up an encampment on the quad, successfully replacing Old Glory once before UNC Chancellor Lee Roberts responded with law enforcement officers to return the American flag to its place. When activists, some of whom were not affiliated with the nation’s first public university, attempted to take it down a second time, a group of male students — including members of multiple fraternities — stepped in.

A student photographer captured the moment that went viral on social media and made national headlines as similar protests occurred on college campuses throughout the country. 

UNC STUDENT WHO DEFENDED AMERICAN FLAG FROM CAMPUS MOB ‘HONORED TO GIVE BACK TO THE NATION’

UNC Chapel Hill students hold up the American flag during a campus protest

UNC Chapel Hill students hold up the American flag during a campus protest on Tuesday, April 30, 2024. Anti-Israel agitators replaced the American flag with the Palestinian flag during the demonstration. (Parker Ali/The Daily Tar Heel)

“Today was a sad yet empowering day at Chapel Hill,” student Guillermo Estrada, class of 2027, said in a May 1 post on X. “When I walked to class, I saw the Palestinian flag raised on our quad flag pole, and was immediately upset at the act that these ‘protesters’ had made. I cannot say I am fully educated on the Israel/Palestine conflict but it upset me that my country’s flag was disrespected in order to advocate for another.”

Estrada added that Chancellor Roberts and officers who replaced the flag the first time “were met with profanity, middle fingers, thrown bottles, rocks, and water.” Videos circulating on social media show a group of students singing the National Anthem and chanting, “USA!” as the American flag was returned to the pole.

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“We stood for an hour defending the flag so many fight to protect.”

— Guillermo Estrada

“When the flag was raised once again, the Greek community began singing the National anthem. As the Chancellor left, the quad erupted into chaos as protesters began removing the flag once again, preparing to destroy it,” Estrada continued. “My fraternity brother and others ran over to hold it up, in order for it not to touch the ground. People began throwing water bottles at us, rocks, sticks, calling us profane names. We stood for an hour defending the flag so many fight to protect.”

Protesters, Palestinian flag

About 1000 pro-Palestinian demonstrators rally at the South Building after a “Gaza solidarity encampment” was removed by police early Tuesday morning, April 30, 2024, at UNC-Chapel Hill.  (Travis Long/News & Observer/Tribune News Service via Getty Images)

Estrada went on to explain that he comes from an immigrant family and a “military community” where he “saw first hand the sacrifices they make.”

“I will not stand for the disrespect these ‘protest[e]rs’ cause for the sake of another country,” Estrada wrote. “My LDOC will be memorable in knowing that my fraternity brothers and others fought to keep the flag up. But it was also be memorable [sic] in knowing that so many yearn to disrespect it.”

UNC FRATERNITY BROTHERS DEFEND REINSTATED AMERICAN FLAG FROM CAMPUS MOB WHO REPLACED WITH PALESTINIAN FLAG

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Vandalized Chancellor's building

Protestors stamp red handprint stains on the Chancellor’s building at UNC Chapel Hill, Saturday, May 11, 2024. Earlier in the day, students vandalized the Chancellor’s building in protest of the Hamas-Israel war. (The Image Direct for Fox News Digital)

The fraternities included in the American flag moment included Pi Kappa Phi, AEPi, Delta Upsilon, Delta Kappa Epsilon, Phi Gamma Delta, and Zeta Beta Tau, according to the GoFundMe.

UNC CHAPEL HILL BOARD VOTES TO DISMANTLE DEI PROGRAMS, USE FUNDS ON CAMPUS POLICE AFTER ANTI-ISRAEL PROTESTS

“We told you our intent was to send any excess funds leftover from the party to worthy causes, entities that are consistent with the theme of the fundraiser. Charities proposed by the frats include: Back the Blue NC, Wounded Warrior Project, Children of Fallen Patriots, and Zeta Beta Tau Foundation to Combat Anti-Semitism. Honoring donor intent continues to be Pints for Patriots’ north star,” a June update on the GoFundMe page reads. “We are excited for Labor Day. More updates and surprises to follow in the weeks to come!”

Back the Blue was invited to attend Flagstock on Monday and issued a statement saying part of the donated funds will go toward its mission to provide resource and assistance to law enforcement officers and the families of those who have died in the line of duty. When the Chapel Hill students stopped the flag from hitting the ground in May, four law enforcement officers had just died in the line of duty in Charlotte while serving a warrant earlier that week.

The University of North Carolina Chapel Hill’s campus

The University of North Carolina Chapel Hill’s campus on Thursday, May 2, 2024. Students from the Pi Kappa Phi fraternity are being commended after photos surfaced of them holding up the American flag during an anti-Israel protest earlier this week. (The Image Direct for Fox News Digital)

“We are deeply humbled and grateful to be chosen as a beneficiary of this event,” said Lindsay LiCausi, Founder and CEO of Back The Blue NC, Inc. “The support from the community during such a pivotal time reinforces our commitment to honoring and assisting the brave men and women who protect and serve our nation.”

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The “Save a Horse, Ride a Cowboy” singer in May commended the “bravery” of the students who held up the flag for going against the grain of the protesters and standing up for what they believe in.

“I think that when people, especially young people, have enough guts and determination to proclaim their love for the country and show their respect for the flag — when it’s an inconvenient moment, when it’s a tough moment to do it — they deserve to be recognized for that,” Rich said. “And I’m hoping that when we recognize them in such a huge way, I hope it ignites that same passion all across the country.”

Flagstock will be available to stream live online at 7:30 p.m. ET Monday.

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UNC 'Flagstock' erupts in 'USA!' chants as John Rich, Lee Greenwood tells students 'it's OK to be patriotic'

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UNC 'Flagstock' erupts in 'USA!' chants as John Rich, Lee Greenwood tells students 'it's OK to be patriotic'

CHAPEL HILL, N.C. – It’s OK to be patriotic. 

That’s what John Rich of Big & Rich wanted college students at the University of North Carolina to feel at Flagstock 2024, the concert-turned-music festival he put on in honor of the fraternity brothers who stopped the American Flag from hitting the ground during anti-Israel protests in May, according to Rich’s manager, Marc Oswald.

“My question for you is this: Do you still love America?” Rich asked students in the crowd during his performance on Monday at the local American Legion in Chapel Hill.

The crowd responded by chanting, “USA! USA! USA!”

FLAGSTOCK: UNC CHAPEL HILL FRATERNITY BROTHERS WHO DEFENDED AMERICAN FLAG FINALLY GETTING THEIR ‘RAGER’

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A patriotic flyover graces the stage. (The Image Direct for Fox News Digital)

Rich wanted to host a “protest to support patriotism” — hence the name “Flagstock” — and “make sure students and people in general feel it’s OK to be patriotic,” Oswald told reporters on Monday when asked about the name of the concert.

Several hundred Chapel Hill students attended the music event, which included performances from Big & Rich, Lee Greenwood, Aaron Lewis and John Ondrasik, a.k.a. Five for Fighting — less than the anticipated 2,000 students organizers expected earlier in the week. Roman Rene Ramirez of Sublime also made a surprise appearance.

Still, those who did show were proud to express their support for the country with “USA” chants, while others wrapped themselves in American or Israeli flags.

ANTI-ISRAEL DEMONSTRATORS GATHER AT UNC-CHAPEL HILL CHANCELLOR’S OFFICE, SMEAR RED PAINT ON BUILDING

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Students embrace draped in American and Israeli flags

UNC draped in the US and Israeli flags embrace. (The Image Direct for Fox News Digital)

Matthew Broderick, a senior and a journalism major, told Fox News Digital that the “vibes on campus have been very split” in the lead-up to Flagstock.

“There’s a lot of people who are in huge favor of this. They love this. And then there’s a lot of people who think this is a really bad idea,” Broderick said. “I mean, I think some fraternities and sororities have been telling the people … ‘Hey, don’t come to this. We think it’s a bad look.’ And then some have been like, ‘Hey, please go to this is. It’s a really good look. It’s good for our fraternity and our sorority.’ … But I don’t think there’s a consensus about this.”

“It’s very split.”

— Matthew Broderick, Chapel Hill senior

Back in May, activists on campus tried twice to replace the American flag on Chapel Hill’s quad with a Palestinian flag, but when they began taking it down the flagstaff for the second time, a group of students stepped in to prevent Old Glory from touching the ground. 

A student photographer captured the moment that went viral on social media and made national headlines as similar protests occurred on college campuses throughout the country. 

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UNC Chapel Hill students hold up the American flag during a campus protest

UNC Chapel Hill students hold up the American flag during a campus protest on Tuesday, April 30, 2024. Anti-Israel agitators replaced the American flag with the Palestinian one during the demonstration. (Parker Ali/The Daily Tar Heel)

UNC Chapel Hill students hold up the American flag during a campus protest

UNC Chapel Hill students hold up the American flag during a campus protest on Tuesday, April 30, 2024. Anti-Israel agitators replaced the American flag with the Palestinian one during the demonstration. (Parker Ali/The Daily Tar Heel)

After the photo caught the country’s attention, a GoFundMe page created by a man named John Noonan, who initially started the fundraiser to buy “a few kegs” for the students and give his friends a good laugh, ended up raising more than $500,000 to throw the students a “rager.” Noonan ended up creating a 501 C-4 organization called Pints for Patriots, complete with a board of directors, to help organize the funds and the event it would eventually grow into.

Then, Rich offered to help by hosting a concert in the student’s honor. At first, Rich was planning on putting on a small show in front of a fraternity house, but plans changed when they raised half-a-million dollars, according to Oswald.

John Rich performs

John Rich performs in front of the iconic photo. (The Image Direct for Fox News Digital)

Noonan broke down how some of the funds that helped put the show together while giving reporters a tour of the venue on Monday. The stage itself, from Technical Arts Group (TAG) Live, cost $100,000, though TAG also donated a lot of material support for the event. 

“We haven’t seen kids do what these kids did in a long time,” TAG Live Operations Director Jarrod Choury told Fox News Digital, adding that the students’ actions on campus “spoke to” TAG Live to be a part of the concert.

“We haven’t seen kids do what these kids did in a long time.”

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Students draped in American and Israeli flags

UNC students attend Flagstock in Chapel Hill, N.C. on Labor Day Monday, September 3, 2024. The concert was in honor of the fraternity brothers who stopped the American Flag on campus from hitting the ground during anti-Israel protests in May. (The Image Direct for Fox News Digital)

The security budget for the event was approximately $80,000, including plainclothes security, 20 Orange County Sheriff’s Office staff, fire and EMS personnel. Pints for Patriots chartered more than a dozen 50-passenger buses to transport students to and from campus, according to Noonan. 

Dan Cragg, an attorney working for Pints for Patriots, offered about $15,000 to $20,000 worth of pro-bono general counsel legal work for the event. 

 “We want to create an incentive system where sticking their neck out like that — defending the flag — there’s a there’s a bonus for that.”

— Dan Cragg, attorney, Eckland & Blando

‘What those kids did was honorable and patriotic,” Cragg told Fox News Digital. “And we want to support that. … And certainly, we want to create an incentive system where sticking their neck out like that — defending the flag — there’s a there’s a bonus for that. There’s a reward for that.”

Flagstock 2024 UNC Chapel Hill

UNC Chapel Hill students and VFW members gather for “Flagstock 2024” in North Carolina.

Numerous VFW and American Legion personnel volunteered to help put the event together, as well, forgoing their Labor Day to help set up tents, port-o-potties and more.

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While the show started out small and somewhat quiet, eventually, a large crowd of Chapel Hill students in attendance found their way to the stage as the night wore on and took part in the patriotic messages that singers presented during their sets.

‘What those kids did was honorable and patriotic. And we want to support that.”

John Rich performs at Flagstock 2024 in Chapel Hill, North Carolina.

John Rich performs at Flagstock 2024 in Chapel Hill, North Carolina. (The Image Direct for Fox News Digital)

Noonan told reporters it is unclear exactly how much — of any — leftover funds will go toward charity, but he is determined to remain transparent about what donor money was used for.

“We are extraordinarily cautious and judicious about ensuring the funds are used properly,” Noonan told reporters on Monday.

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