Southeast
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
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.
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.”
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.
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.
PROSECUTORS TO SEEK DEATH PENALTY FOR PHD STUDENT ACCUSED OF KILLING FRIEND’S BABY IN PENNSYLVANIA
“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.
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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Southeast
Fani Willis' reputation 'damaged' after disqualification from Trump case: Georgia reporter
Atlanta Journal-Constitution reporter Greg Bluestein told MSNBC on Thursday that Fulton County District Attorney Fani Willis’s reputation was “damaged” after a court disqualified her and her office from prosecuting President-elect Donald Trump in the election interference case against him.
“Her reputation is damaged, right? This was an unforced error as we said earlier, and, you know, this was all of her own doing, and now it unravels or might unravel one of the signature cases, not just of her career, but in Georgia. It leaves her damaged and it will be interesting to see what case she tries to make when she is expected to appeal this to the Georgia Supreme Court,” Bluestein told MSNBC’s Ana Caberra when asked about what was next for Willis.
The Georgia Court of Appeals on Thursday disqualified Willis and her team from prosecuting Trump and co-defendants in her election interference case. The court did not toss the indictment but declared that Willis and her team now have “no authority to proceed.”
Bluestein noted that Willis had just won re-election in Georgia and that it wasn’t a surprise because Fulton County is a Democratic stronghold.
FANI WILLIS FACES NOTHING BUT SETBACKS IN CASE AGAINST TRUMP, THE LATEST PENDING WITH SUPREME COURT
“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the filing states. “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”
Bluestein said, “It is expected to be appealed to the Georgia Supreme Court, but this is a really decisive order against Fani Willis being able to continue this case.”
Willis, who was spearheading the sweeping prosection case against Trump, came under fire after she was accused in February of having an “improper” affair with special prosecutor Nathan Wade, whom she had hired to help prosecute the case.
Wade was ultimately forced to step down from the prosecution team.
JUDGE RULES FANI WILLIS MUST STEP ASIDE FROM TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE
In an exclusive interview with Fox News Digital, Trump said the “whole case has been a disgrace to justice.”
Trump additionally said that the case “should not be allowed to go any further.”
Catherine Christian, a former assistant Manhattan district attorney, also weighed in on the disqualification on MSNBC.
“But usually appellate courts defer to the lower court, the trial judge, who fashioned a remedy. He said Nathan Wade, the man she was having an affair with, had to leave so the office could stay, and this court has said, nope. This court said that Judge MacAfee did not really appreciate that her decision-making wasn’t just the indictment. It was who to charge, how to charge it, and that’s at the time when this alleged romantic relationship was going on, and they said that also was one of the reasons why they think it’s more than an appearance of impropriety. It’s a conflict of interest, and not just her, the entire office is disqualified,” Christian said.
Fox News Digital reached out to Fani Willis’ office for comment.
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Southeast
Navy wife goes viral for surprising husband with hunting trip after his 3-year deployment
A Navy aviator was in for a surprise after returning home ahead of Christmas from his third deployment in three years.
Patrick Brennan of western Kentucky has been stationed in Japan since the spring of 2022, serving as a weapon systems officer in an F/A-18 fighter aircraft.
His wife, Cecilia Brennan, told Fox News Digital that her husband often shares with her how he misses his friends and hobbies, specifically hunting.
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Brennan said her husband even mentioned planning a hunting trip sometime next year or in 2026 but that he never expected to take one this year.
“I was catching up with his best friends and keeping them in the loop. They told me they were going on their yearly duck hunting trip to Fowl Plains Outfitter. They were thinking about driving from their home in Virginia to Kansas, and I asked if they would want to stop by in Kentucky,” Brennan said.
Fowl Plains Outfitters is located in Great Bend, Kansas, offering duck and goose hunts.
“Turns out, the same time they would be driving through Kentucky happened to be the same time my husband would be back from deployment. I asked if they could make room for one more. It was God’s perfect timing,” Brennan said.
She packed all of his clothes and hunting gear and “gifted” his belongings to him for Christmas.
In a video posted to her Instagram, which reached 1.5 million views, Brennan captured the moment she tricked Patrick and told him his friends were stopping at their home to “drop something off.”
The serviceman’s friends are seen entering the house decked out in their hunting gear.
After catching up with the men, Cecilia Brennan takes out her husband’s suitcase to reveal that he is also going on the trip.
“Having his best friends knock on the door was a surprise enough, but to actually be going with him, he was in shock. I still can’t believe we pulled it off,” she said.
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Patrick embarked on a five-day trip with his best friends for duck hunting.
Cecilia and Patrick Brennan have a 6-month-old daughter, and Cecila said that for the majority of the year, she and her husband had been apart due to his service to America.
“After all he has sacrificed, he more than deserves a chance to relax and recharge before he dives head-first into family life,” she said.
She added that she is her husband’s biggest fan, and that includes supporting his hobbies.
“Nothing brings me more joy than knowing he’s happy. And now, we will be having duck for Christmas.”
Fox News Digital reached out to Fowl Plains Outfitters for comment.
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Southeast
Watchdog seeks to halt 11th-hour Biden DOJ effort to ‘handcuff’ Kentucky police over Breonna Taylor incident
EXCLUSIVE: A conservative legal watchdog is expected to file a brief with a Kentucky court to urge a judge against blessing a consent decree forged by Attorney General Merrick Garland and the city of Louisville and Jefferson County, Ky., that would reform police practices after the controversial 2020 death of Breonna Taylor.
The Oversight Project is placing its amicus brief on the docket of the U.S. District Court for the Western District of Kentucky on Friday morning as a judge prepares a schedule to rule on activating the agreement.
Oversight Project Executive Director Mike Howell said the consent decree includes a “laundry list of BLM-type standards that have been argued for over the years since George Floyd[‘s death in 2020]” and the riots that followed.
“Louisville would be a sanctuary city for gangbangers,” Howell warned, adding he hopes Friday’s addition to the docket gives the court pause before agreeing to any accelerated timeline for approval.
PROPOSED CHICAGO POLICE RESOURCE CUTS COULD LAND CITY IN COURT UNDER CONSENT DECREE, OFFICIALS WARN
Taylor was killed in a hail of police gunfire after Louisville officers sought to serve a drug warrant at her boyfriend Kenneth Walker’s house, when her beau fired a “warning shot” through the door and struck Officer Jonathan Mattingly in the leg.
A hail of return fire followed, fatally wounding Taylor, and five officers were later involved in legal cases where one was found guilty of deprivation of rights under the color of law for reportedly firing blindly through a window amid the chaos.
Walker later alleged he mistook the police for intruders and did not hear them announce themselves. Louisville wound up paying Taylor’s family $12 million in a wrongful death settlement.
Last week, Garland announced the consent decree with Louisville, saying it will bring about needed systemic reforms to policing to prevent a repeat of what happened to Taylor.
Howell said, however, that the decree will only hamstring the police department and also defy the will of Kentucky voters who elected new Republicans on the Louisville council on the issue of law and order.
“[The decree] basically limits the ability for officers to react quickly and in a strong way. It’s very heavy on the de-escalation techniques, particularly as it relates to this category of people who they call ‘behaviorally impaired’ or something to that effect,” Howell said.
BIDEN ADMIN HIT WITH FOIA SEEKING 25TH AMENDMENT-RELATED COMMS
Howell said there is concern over the spiking teenage murder rate – violence committed by suspects aged 11-17 – and that the decree wrongly imposes new standards for dealing with youth offenders as well as stop-and-frisk restrictions.
One of the most glaring issues with the agreement is the fact Louisville councilmen, Kentucky lawmakers and the general public will all be prevented from making further adjustments to policing policies for five years, if the judge signs the decree.
In a consent decree system, an official monitor appointed by the judge, and not the relevant legislature, is the arbiter of policies that fall under said agreement unless both parties that forged it agree to change them.
Howell said, in that regard, the Biden Justice Department and Louisville Mayor Craig Greenberg, a Democrat, appear to be rushing through the legal process to head off the likelihood a Trump Justice Department will balk at the agreement.
“The most basic responsibility of government is to keep our people safe while protecting constitutional rights and treating everyone fairly,” Greenberg said in a statement about the decree. “As mayor, I promised to uphold that responsibility, and I have.”
“The Department of Justice saw the action we’ve already taken and our commitment to aggressively implement police reform. As a result of these improvements, we have a consent decree unlike any other city in America.”
Greenberg said any decree must build on reforms made in recent years, cannot “handcuff police as they work to prevent crime” and also be financially responsible and have a clear sunset date.
“I felt comfortable signing this because our officers will have clear guidance and goals to meet, the DOJ can’t move the goalposts, and our officers can focus on good police work, not paperwork,” added Louisville Police Chief Paul Humphrey.
The Oversight Project’s amicus brief is backed by law enforcement advocacy leaders like Jason Johnson, president of the Law Enforcement Legal Defense Fund.
Johnson, whose group promotes constitutional policing and studies similar consent decrees, told Fox News Digital it’s clear the Biden DOJ realizes such an agreement would be “D.O.A.” when President-elect Donald Trump assumes the Oval Office.
“Most of these police consent decrees are more of an activist wish list than effective means to remedy constitutional violations by police agencies. The Justice Department is trying to impose burdensome rules that far exceed their authority under law,” Johnson said.
He suggested that technical assistance letters, which aim to encourage reforms without imposing a judicial arbiter, are generally preferred in most cases.
“But, the activist lawyers in the Biden administration prefer to use a sledgehammer instead of a scalpel. This approach has proven counterproductive time and again — hurting public safety, police morale, and police-community relations more than it helps.”
Meanwhile, Howell said he hopes the Kentucky judge will see that Greenberg and Garland are trying to “turn him into a legislature” when it comes to law enforcement practices.
Under the consent decree system, the policy changes will be untouchable by a more hawkish Trump DOJ for up to five years, rendering the new administration’s predicted actions in the law enforcement realm moot in Louisville.
Criminals will likely endorse the decree, he said, as they will use the encyclopedia of new policing standards to their benefit.
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