Southeast
South Carolina executes Richard Moore despite broadly supported plea to cut sentence to life
South Carolina put Richard Moore to death by lethal injection Friday for the 1999 fatal shooting of a convenience store clerk, despite a broad appeal for mercy by parties that included three jurors and the judge from his trial, a former prison director, pastors and the his family.
Moore, 59, was pronounced dead at 6:24 p.m.
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Moore was convicted of killing the Spartanburg convivence store clerk in September 1999 and sentenced to death two years later. Moore went into the store unarmed, took a gun from the victim when it was pointed at him and fatally shot him in the chest as the victim shot him with a second gun in the arm.
Moore’s lawyers asked Republican Gov. Henry McMaster to reduce his sentence to life in prison without parole because of his spotless prison record and willingness to be a mentor to other inmates. They also said it would be unjust to execute someone for what could be considered self-defense and unfair that Moore, who is Black, was the only inmate on the state’s death row convicted by a jury without any African Americans.
But McMaster refused to grant clemency. No South Carolina governor has reduced a death sentence, and 45 executions have now been carried out since the U.S. Supreme Court allowed states to restart executions nearly 50 years ago.
This photo provided by Justice 360 shows death row inmate Richard Moore at Kirkland Reception and Evaluation Center in Columbia, S.C., Aug. 17, 2018. (Justice 360 via AP)
Unlike in previous executions, the curtain to the death chamber was open when media witnesses arrived. Moore’s last words had already been read by Lindsey Vann, his lawyer of 10 years.
Moore had his eyes closed and his head was pointed toward the ceiling. A prison employee announced the execution could begin at 6:01 p.m. Moore took several deep breaths that sounded like snores over the next minute. Then he took some shallow breaths until about 6:04, when his breathing stopped. Moore showed no obvious signs of discomfort.
Vann cried as the employee announced the execution could start. She clutched a prayer bracelet with a cross. Sitting beside her was a spiritual advisor, his hands on his knees palms up. Vann clutched a prayer bracelet with a cross.
Two members of the victims’ family were also present, along with Solicitor Barry Barnette, who was on the prosecution team that convicted Moore. They all watched stoically.
Afterward prison spokeswoman Chrysti Shain read his last words at a news conference.
“To the family of Mr. James Mahoney, I am deeply sorry for the pain and sorrow I caused you all,” he said. “To my children and granddaughters, I love you and am so proud of you. Thank you for the joy you have brought to my life. To all of my family and friends, new and old, thank you for your love and support.”
His final meal was steak cooked medium, fried catfish and shrimp, scalloped potatoes, green peas, broccoli with cheese, sweet potato pie, German chocolate cake and grape juice.
Three jurors who condemned Moore to death in 2001, including one who wrote Friday, sent letters asking McMaster to change his sentence to life without parole. They were joined by a former state prison director, Moore’s trial judge, his son and daughter, a half-dozen childhood friends and several pastors.
They all said Moore, 59, was a changed man who loved God, doted on his new grandchildren the best he could, helped guards keep the peace and mentored other prisoners after his addiction to drugs clouded his judgment and led to the shootout in which James Mahoney was killed, according to the clemency petition.
Moore previously had two execution dates postponed as the state sorted through issues that created a 13-year pause in the death penalty, including companies’ refusal to sell the state lethal injection drugs, a hurdle that was solved by passing a secrecy law.
Moore is the second inmate executed in South Carolina since it resumed executions. Four more are out of appeals and the state appears ready to put them to death in five-week intervals through the spring. There are now 30 people on death row.
The governor said before the execution that he would carefully reviewing everything sent by Moore’s lawyers and, as is customary, would wait until minutes before the execution starts to announce his decision once he hears by phone that all appeals are finished.
“Clemency is a matter of grace, a matter of mercy. There is no standard. There is no real law on it,” McMaster told reporters Thursday.
In an interview for a video that accompanied his clemency petition, Moore expressed remorse for the killing of Mahoney.
“This is definitely part of my life I wish I could change. I took a life. I took someone’s life. I broke the family of the deceased,” Moore said. “I pray for the forgiveness of that particular family.”
Prosecutors and Mahoney’s relatives have not spoken publicly in the weeks leading up to the execution. In the past, family members have said they suffered deeply and want justice to be served.
Moore’s lawyers said his original attorneys did not analyze the crime scene carefully and left unchallenged prosecutors’ contention that Moore, who came into the store unarmed, fired at a customer and that his intention from the start was a robbery.
According to their account, the clerk pulled a gun on Moore after the two argued because he was 12 cents short for what he wanted to buy.
Moore said he wrestled the gun from Mahoney’s hand and the clerk pulled a second weapon. Moore was shot in the arm and fired back, hitting Mahoney in the chest. Moore then went behind the counter and stole about $1,400.
No one else on South Carolina’s death row started their crime unarmed and with no intention to kill, Moore’s current attorneys say.
Jon Ozmint, a former prosecutor who was director of the South Carolina Department of Corrections from 2003 to 2011 and who added his voice to those seeking clemency, said Moore’s case was not the worst-of-the-worst kind of crime that would usually prompt a death penalty case.
There are plenty of people who were not sentenced to death but committed much more heinous crimes, Ozmint said, citing the example of Todd Kohlhepp, who was given a life sentence after pleading guilty to killing seven people including a woman he raped and tortured for days.
Lawyers for Moore, who is Black, also said his trial was not fair. There were no African Americans on the jury even though 20% of Spartanburg County residents were Black.
Moore’s son and daughter said he remained engaged in their lives. He once asked them about schoolwork and gave advice in letters. He now had grandchildren whom he saw on video calls.
“Even though my father has been away, that still has not stopped him from making a big impact on my life, a positive impact,” said Alexandria Moore, who joined the Air Force at her father’s encouragement.
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The man accused of the 2022 kidnapping and killing of Memphis mother and teacher Eliza Fletcher pleaded guilty Monday and will spend the rest of his life in prison.
Cleotha Abston, 40, pleaded guilty to multiple charges, including first-degree murder, aggravated kidnapping and tampering with evidence. A judge sentenced Abston to life in prison without the possibility of parole.
Fletcher, a 34-year-old mother of two young boys and a kindergarten teacher at St. Mary’s Episcopal School, vanished during an early morning jog in September 2022. Her disappearance sparked a widespread search that lasted for days, until her body was discovered in South Memphis.
“I want us today to acknowledge and celebrate the life of Liza Fletcher, a beloved daughter, wife, mother and teacher who was tragically kidnapped and murdered in a senseless act of random predatory violence,” Shelby County District Attorney Steve Mulroy said in a statement Monday. “Today’s agreement achieves finality for the family. The defendant gives up his right to appeal, so there won’t be years and decades of appeals. It also helps the community, because this dangerous person will never again walk our streets. He will die in prison.”
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Eliza Fletcher was a 34-year-old teacher and mother of two when she was killed. (Jennifer Sink/Facebook, Memphis Police)
Before the resolution, Abston’s trial was expected to begin Feb. 10, but he gave up his right to appeal Monday.
During Abston’s sentencing, Mulroy read a statement from Fletcher’s family addressed to her killer.
“We have no idea what happened to you to turn you into someone so filled with a desire to hurt people. Whatever it was, it does not excuse or explain what you have done. You have changed our lives forever, and nothing will ever be the same,” the family statement said.
“Your actions were evil. There is no other word for it. You murdered Liza, even though she did nothing to deserve it. She did not hurt you. In fact, she would’ve been the first to help if you needed it.”
ELIZA FLETCHER DEATH: MEMPHIS KIDNAPPING SUSPECT CLEOTHA ABSTON HELD WITHOUT BOND
Cleotha Abston Henderson stands with his attorney, Jennifer Case, in criminal court in Memphis May 25, 2023. (Karen Pulfer Focht for Fox News Digital)
In the early morning hours of Sept. 2, 2022, Abston camped out in the area before snatching Fletcher off the street during her morning jog, forcing her into his SUV, sexually assaulting her and shooting her in the back of the head.
Surveillance cameras recorded Abston sprinting out of a GMC Terrain SUV and forcibly grabbing Fletcher around 5:30 a.m. He lost his Champion slides footwear at the scene, and police found his DNA on them.
Abston was identified through forensic evidence and surveillance footage, Mulroy wrote in a second statement Monday. He was arrested the day after Fletcher was reported missing, with security footage capturing him cleaning his SUV.
Abston is a repeat offender with juvenile convictions that include rape and aggravated assault.
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Eliza Fletcher’s father, James Beasley, with mourners after exiting the church for her funeral. (Matt Symons for Fox News Digital)
At his sentencing, Abston lowered his head when speaking to the judge but showed no reaction after pleading guilty to the kidnapping and murder, WREG reported. He answered “yeah” to most questions.
“We miss the bright light of Liza’s life every day. Liza meant so much to so many, and her smile radiated happiness, energy, and comfort. Her husband, her children, her parents, her brother, the rest of her family, her friends, her students, her school families, her fellow teachers, her church community, and so many others were moved by countless examples of her faith, kindness, and compassion,” the full statement from Fletcher’s family said, according to the outlet.
“No legal resolution and no sentence can diminish the anguish of Liza’s murder. We accept the outcome that her murderer has pled guilty to all charges, will wake up in prison for the rest of his life, and cannot harm anyone else.”
Fox News Digital’s Michael Ruiz contributed to this report.
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Southeast
Appeals court rules against GOP in case challenging 225K voter registrations in North Carolina
A federal appeals court blocked a GOP effort to challenge 225,000 voter registrations in North Carolina that they claimed were made without an ID requirement.
The Republican National Committee (RNC) and North Carolina Republican Party (NCGOP) filed a lawsuit against the North Carolina State Board of Elections claiming voters were registered using a registration form that did not require identification such as an ID or Social Security number. The suit claimed that allowing people on voter rolls without identification violated the Help America Vote Act.
The case was sent to a federal court by the State Board of Elections, but on Oct. 17, Chief District Judge Richard Myers ruled that parts of the case be moved back to the state court.
But in a Tuesday ruling, the 4th U.S. Circuit Court of Appeals reversed his decision — meaning the case will remain in federal court where Myers will determine how it proceeds.
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Voters cast their ballots at an early voting location ahead of the upcoming general election in Mecklenburg County, North Carolina, on Oct. 25, 2024 (Photo by Nathan Posner/Anadolu via Getty Images) (Nathan Posner)
The reversal serves as a blow for the Republican plaintiffs who supported Myers’ efforts to return the case to the state court.
In the ruling, Circuit Judge Nicole Berner said that sending the case back to the state court was “improper.”
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“The State Board refused to perform Plaintiffs’ requested act—striking certain registered voters from North Carolina’s voter rolls—on the ground that doing so within 90 days of a federal election would violate provisions of Title I of the Civil Rights Act of 1964,” Berner wrote.
Absentee ballots are prepared to be mailed at the Wake County Board of Elections on Sept. 17, 2024 in Raleigh, North Carolina. (Allison Joyce)
“We are not convinced that defendants conceded to a violation of HAVA, but we need not reach that issue. Defendants argue that HAVA Subsection (a)(2)(A) actually prohibits them from removing the voters in question rather than requiring them to do so,” the decision read.
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Southeast
Nanny suspect in suburban double murder strikes plea deal as tax agent employer faces trial
Juliana Peres Magalhaes, the Brazilian who was charged along with her Virginia employer in connection with the murders of his wife and an unknown man in February 2023, has pleaded guilty to a lesser crime, according to local news.
The then-22-year-old au pair and Brendan Banfield, a husband and the father of a then-4-year-old daughter, are accused of killing Christine Banfield — Brendan’s wife and Fairfax County NICU employee — and Joseph Ryan, the 38-year-old man who showed up at the Banfields’ home armed with a knife, in Herndon, Virginia, in February 2023.
Magalhaes, now 24, pleaded guilty to manslaughter on Tuesday morning, according to FOX 5 D.C. She was scheduled to stand trial in November.
She was initially arrested in October 2023, about eight months after the killings, when authorities charged her with aggravated murder and use of a firearm in commission of a felony.
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Juliana Peres Magalhaes was charged nearly eight months after she fatally shot Joseph Ryan – the man had just stabbed her affair partner’s wife to death. (Fairfax County Police)
Virginia authorities arrested Banfield, a 39-year-old IRS employee, in September, more than a year after the murders took place. He is charged with four counts of aggravated murder and use of a firearm in commission of a felony.
Banfield faces a potential life prison sentence for the alleged crimes, while Magalhaes faces a maximum sentence of 10 years for the manslaughter charge, according to FOX 5.
Prosecutors allege the murders stemmed from a scheme orchestrated by Banfield and Magalhaes, who were in a romantic relationship at the time of the crime and for months afterward, before their arrests.
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Magalhaes was charged with second-degree murder and use of a deadly weapon during the commission of a crime. (Instagram)
Ryan’s connection to the family or their au pair remains unclear.
“On Feb. 24, 2023, I stood in the middle of a cul-de-sac street in Fairfax County and described the deaths of two persons inside of a residential home. Now, 570 days later, we know the deaths of Joseph Ryan and Christine Banfield are, in fact, murders,” Fairfax County Police Chief Kevin Davis said during a September press conference.
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When police responded to a 911 call from the residence that day, they found Christine with stab wounds to the neck and Ryan with fatal gunshot wounds in the upstairs bedroom of the home. Authorities took Christine to the hospital, where she was later pronounced dead, Davis said.
Brendan Banfield is charged with four counts of aggravated murder and use of a firearm in commission of a felony. (Fairfax Co. PD)
Officials recovered a knife and two firearms from the scene.
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“We know Brendan Banfield and Juliana Magalhaes were involved in a romantic relationship at the time of the murders,” Davis said during the September press conference. “I will not describe our victim, Joseph Ryan’s, involvement with anyone in the case at the moment because this investigation continues.”
Christine Banfield was stabbed to death in the bedroom of her Fairfax County, Virginia, home. (Facebook)
Initially, Magalhaes told police that she and Banfield saw an unknown man, Ryan, holding Christine at knifepoint on the morning the murders took place. She allegedly described him as an intruder. Ryan was apparently fully clothed while Christine was naked in the main bedroom of the house.
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It remains unclear exactly what transpired inside the home that Friday morning, but Magalhaes and Brendan apparently both admitted to shooting Ryan while the man was holding a knife to Christine.
A framed photo of Brendan Banfield and Juliana Magalhaes and the mistress’s lingerie were found in the room where the double homicide occurred, according to prosecutors. (Fairfax County Commonwealth Attorney’s Office)
Prosecutors allege that a computer at the Banfield home was tied to an account on a sexual fetish website, the Post reported.
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Ryan, the man who reportedly held Christine at knifepoint, also apparently had an account on the website and had been communicating with whoever was accessing the site from the Banfield computer.
Fairfax police arrest Brandon Banfield. (Fairfax County Police Department)
Authorities arrested Magalhaes in October 2023 after she moved in to the Banfields’ main bedroom and placed a framed photo of herself with Brendan on a nightstand beside the bed. A grand jury indicted the 23-year-old in April.
Banfield is no longer employed by the IRS.
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