South Carolina, A-B, 1899-1996, Undated

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WOOMER vy. AIKEN | 681

Cite as 856 F.2d 677 (4th Cir. 1988) |

726 (4th Cir. 1968) see Estelle v. Smith,

451 U.S. at 470 n. 14, 101 S.Ct. at 1877 n.

14.

In Estelle, the defendant Smith was
charged with murder for which the State of
Texas sought the death penalty. Under
Texas law, the death penalty could not be
imposed unless the State proved that
“there [was] a probability that the defend-
ant would commit criminal acts of violence
that would constitute a continuing threat to
society.” Tex.Code Crim.Proc.Ann art. 37.-
071(b)(2) (Vernon Supp.1980). Although
defense counsel had not raised the issue of
Smith’s competency to stand trial or his
sanity at the time he allegedly committed
the crime, the trial judge swa sponte infor-
mally ordered a psychiatric examination to
determine Smith’s competency. Defense
counsel was not given prior notice of the
examination and did not become aware of it
until the psychiatrist’s report was discover-
ed in the court files. The report indicated
that Smith was competent to stand trial
and classified him as ‘“‘a severe sociopath,”
but no specific references were made con-
cerning his future dangerousness. The
State’s sole witness at the sentencing
phase was the examining psychiatrist who
testified that Smith was an untreatable so-
ciopath who would “ ‘commit other similar
or same criminal acts if given the opportu-
nity to do so.’”’ Estelle, 451 U.S. at 460,
101 S.Ct. at 1871. The Court concluded
that use of this psychiatric testimony vio-
lated Smith’s fifth amendment privilege
against self-incrimination and his sixth
amendment right to counsel since he had
not been warned of his Miranda rights and
his counsel had not been notified that an
examination was to be conducted. Jd. at
468, 471, 101 S.Ct. at 1873, 1877.

The Court has since limited its holdings
in Estelle to the “distinct” facts of that
case—‘‘the trial judge had ordered, sua
sponte, the psychiatric examination and
Smith neither had asserted an insanity de-
fense nor had offered psychiatric evidence
at trial.” Buchanan v. Kentucky, 483
U.S. ——, 107 S.Ct. 2906, 97 L.Ed.2d 336,
355 (1987). After his arrest on murder
charges, Buchanan was committed, on joint
motion of defense counsel and the State,

for psychiatric treatment, not for a deter-

mination of his competency or sanity. Id.
at —— n. 11, 107 S.Ct. at 2911 n. 11, 97
L.Ed.2d 347 n. 11. However, when Bu-

chanan asserted the affirmative defense of.
extreme emotional disturbance at trial, the -

State presented psychiatric evidence gath-
ered during that commitment in rebuttal.
Although Buchanan had not been warned
prior to the evaluation that any statement
he made during the examination could be
used against him at trial, the Court found

no fifth or sixth amendment violation be-

cause defense counsel had joined in the
State’s motion for the psychiatric examina-
tion and Buchanan had asserted a mental
status defense. Jd. at ——-——, 107
S.Ct. at 2917-18, 97 L.Ed.2d 355-56.

Most recently, in Satterwhite v. Texas,
486 U.S. ——, 108 S.Ct. 1792, 100 L.Ed.2d
284 (1988), the Court was presented with
two clear violations of the defendant’s
sixth amendment right to counsel. On mo-
tion of the State, the court: ordered a psy-
chological examination of the defendant to
determine competency, sanity and future
dangerousness before defense counsel was
appointed. Subsequently, on further mo-
tion of the State, he was ordered reexam-
ined without notice to the counsel who had
been appointed in the interim.

[1] As in Buchanan, it is equally clear
here that Woomer’s fifth and sixth amend-
ment rights were not violated. First, his
fifth amendment privilege against: self-in-
crimination was preserved because, unlike
Smith or Buchanan, Woomer was specifi-
cally advised of his rights. Although
Woomer testified in camera that he had
not been warned by hospital personnel that
his statements made during the psychiatric
evaluations could be used against him, he
admitted that he had been advised by his
defense counsel not to discuss the facts of

.the crimes or his prior offenses with the

state hospital personnel and, in fact, had
invoked his right to remain silent during
one examination. Despite Woomer’s deni-
al, the South Carolina Supreme Court ac-
cepted the testimony of Dr. Galvarino, as

682

well as of the social worker and psycholo-
gist, that “they individually informed

Woomer of his constitutional rights and.

that anything he said could be used against
him in court.” State v. Woomer, 278 S.C.
at 472, 299 S.E.2d at 319.: Based on this
factual finding,® the district court correctly
found that ‘the warnings given [Woomer]
were a fully effective means ‘to notify
[him] of his right of silence and to assure
that the exercise of the right [would] be
scrupulously honored.’” Woomer v. Ai-
ken, No. 86-1320, slip op. at 19 (D.S.C. July
1, 1987) (quoting Miranda, 384 U.S. at 479,
86 S.Ct. at 1630; and also citing Estelle v.
Smith, 451 U.S. 454, 101 S.Ct. 1866, 68
L.Ed.2d 359). ‘

Further, Woomer was. not denied his
right to counsel because his defense coun-
sel requested one examination and express-
ly. consented to the other and thus, similar
to the situation in Buchanan, counsel was
fully aware of both. And perhaps even

more important, Woomer admitted that his .

attorney advised him of his rights regard-
ing the examinations and that he acted on
that advice by invoking his fifth amend-
ment privilege at one point. Thus, unlike
in Estelle and Satterwhite, counsel had
actual notice of the examinations. And
although Woomer argues that the notice
was inadequate because neither he nor his

counsel were specifically advised that the ©

evaluations might produce a basis for com-
ment on potential future dangerousness,
such specific notice was not required.

If Woomer had been examined only to
determine his competency, it appears that
any resulting psychiatric evidence would
have been limited under South Carolina law
to that issue alone. §S.C.Code Ann.
§ 44-23-420 (Law.Co-op.1976).6 Arguably,
notice of and consent to the psychiatric
examination for “the limited, neutral pur-

5. The state court finding is entitled to a pre-
sumption of correctness which Woomer does
not attempt to rebut. 28 U.S.C.A. § 2254(d).

6. Section 420 provides in part: “The report of
the designated examiners shall not contain any
findings nor shall the examiners testify on the
question of insanity should it be raised as a
defense unless further examination onthe ques-
tion of insanity is ordered by the court.”

856 FEDERAL REPORTER, 2d SERIES

pose of determining [a defendant’s] compe-
tency to stand trial” would not have per-

“mitted the use of the results “by the State

for a much broader objective that. was
plainly adverse to [the defendant].” £s-
telle, 451 U.S. at 465, 101,S.Ct. at 1874.7
However, section 44—23-420 does not limit
the use of evidence acquired during a sani-
ty evaluation. When defense counsel con-
sented to the sanity evaluation, he obvious-
ly anticipated that the evaluation and re-
sulting psychiatric opinions might be bene-
ficial to his client’s case, but he also must
have been fully aware that if they were
unfavorable they might be used for an
adverse objective. It is of little moment
that counsel was not. specifically’ advised

that the evaluation might provide a basis

for addressing the issue of ‘Woomer’s fu-
ture dangerousness since Dr. Galvarino’s
opinion on that issue was predicated on the
same information that was _ necessarily
gathered to evaluate Woomer’s sanity.

Given the facts that defense counsel re-
quested a competency evaluation and. con-
sented to a sanity evaluation and: that
Woomer was repeatedly advised of his
rights, the psychiatric testimony concern-
ing his potential future dangerousness was
not a violation of Woomer’s fifth amend-

ment privilege against self-incrimination or

his sixth amendment right to counsel.

III.

In both sentencing proceedings, Woomer
urged the juries to consider four statutory
mitigating circumstances which concerned
his mental capacity at the time of the al-
leged crimes:

(2) The murder was committed while the

defendant was under the. influence of

mental or emotional disturbance;

7. Estelle was committed for the sole purpose of
a competency evaluation and under Texas law,
his statements could not be used against him on
the issue of his guilt. 451 U.S. at 463 n. 6 (citing
Tex.Code Crim.Proc.Ann. art. 46.02 § 3(g) (Ver-
non 1979)).

WOOMER vy. AIKEN

eee

683

Cite as 856 F.2d 677 (4th Cir. 1988) -

(5) The defendant acted under duress or
under the domination of another person;

(6) The capacity of the defendant to ap-
preciate the criminality of his conduct or
to conform his conduct to the require-
ments of law was substantially impaired;

(7) The age or mentality of the defend-
ant at the time of the crime;

S.C:Code Ann. § 16-3-20(C)(b) (Law.Co-op.
1976).. He now contends that he received
ineffective assistance of counsel at the sec-
ond sentencing proceeding because defense
counsel failed to obtain and_present expert
testimony regarding his past drug use and
its effect on his mental status and behavior
to support these mitigating circumstances.

At the first sentencing proceeding, —

Woomer testified about a history of drug
use which included amphetamines, valium,
marijuana, quaaludes, and alcohol. He fur-
ther testified that on the day of the mur-
ders he consumed quaaludes, valium, mari-
juana and alcohol. Woomer also presented
testimony from two psychiatrists. Dr.
Wayne Lockhart had examined Woomer in
July 1979 at the request of defense counsel
“to see if there could be determined any
psychological factors that might help ex-
plain his behavior in regards to the of-
fenses that he’s been charged with.” Dr.
Lockhart diagnosed Woomer as having a
drug dependency and an antisocial person-
ality disorder and testified that he was not
insane, but he was easily influenced, imma-
ture, and impulsive. Dr. Edmond Camp,
who had examined Woomer in April 1979 at
the request of defense counsel, noted
Woomer’s drug history and diagnosed an
untreatable antisocial personality disorder.
He further testified that Woomer did not
have a conscience,. stating that:

[Bloth legally and morally, [Woomer]
knows the difference between right and
wrong. It’s simply that he doesn’t care.
He does what he .wants to do,

when he wants to do it, because he wants
to do it, and if it’s an illegal act and there

~ are witnesses, then he simply kills them.

After receiving this evidence, which was
offered in mitigation, the jury recom-
mended a death sentence based on the ag-
gravating factors of rape and kidnapping.
As noted earlier, this death sentence was
reversed because of insufficient jury
charges and improper argument of the
prosecuting attorney which are unrelated
to this appeal.

At the second sentencing proceeding, nei-
ther Woomer nor Drs. Camp and Lockhart
testified. This obviously tactical decision
by Woomer and his counsel is easily under-
stood after reviewing the testimony given
in mitigation during the first sentencing
proceeding and the resulting unfavorable
jury decision. At the second sentencing
proceeding, the evidence offered in mitiga-
tion centered on testimony from Woomer’s
mother regarding his allegedly troubled
childhood and from three correctional offi-
cers concerning his good behavior during
his interim incarceration in an attempt to
show his adaptation to prison and that he
would not pose a threat to those with
whom he would have contact if given a life
sentence. The issue of his prior drug use
was pursued during cross-examination of
Dr. Galvarino and briefly discussed by a
former. girlfriend. A second jury again
recommended the death sentence based on
the aggravating factors of rape: and kid-
napping.

Woomer raised the issue of ineffective
assistance of counsel in his state post-con-
viction relief proceeding and presented the
testimony of Dr. Harold Morgan, a forensic
psychiatrist and Dr. Donald Allen, Chair-
man of the Department of Pharmacology
at the University of South Carolina School
of Medicine. Both Drs. Allen and Morgan
testified that they were available and
would have testified if called by Woomer at
the second sentencing proceeding in 1981.

Based on his review of a summary of the
previous trial testimony and:an interview
with Woomer, Dr. Allen stated that he
would have testified concerning the poten-
tial psychological and emotional effects of
the drugs Woomer had been using: “Based
on what I know about the compounds, and
based on what I know about the amounts

684

of the materials that he was consuming, ‘

it’s my professional opinion that they had
to have had an effect on his behavior.”
Dr. Allen further testified that the. drugs
“could have” affected his perception and

reality, his impulse control, and his ability’

to control his behavior on the day of the
murders. But, Dr. Allen conceded: that
there was no way he could determine
whether Woomer was specifically under
the influence of the drugs at the time of
the crimes.

- Dr. Morgan had examined Woomer in
1979 at the state hospital regarding his
competency to stand trial on the’ Horry
County charges. At the request of defense
counsel, he also examined Woomer on the
issues of sanity and possible mitigating
circumstances regarding the Georgetown
County charges. Dr. Morgan stated that

he would have testified that Woomer was a

heavy drug user with an antisocial person-
ality disorder. He further stated that he
“would have testified that in his opinion
there was a “substantial possibility” that
at the time this murder was committed
Woomer was under the influence of mental
or emotional disturbance, that he was influ-
enced by Skaar, and that his ability to
appreciate the criminality of his conduct
was substantially impaired. However, Dr.

Morgan conceded that his impressions were ©

not based on “a full comprehensive diag-
nostic work-up.”

[2] To successfully claim ineffective as-
sistance of counsel, a defendant must es-
tablish two elements:

First, the defendant must show that

counsel’s performance was deficient.

This requires showing that counsel made |

errors so serious that counsel was not
functioning as the ‘counsel’ guaranteed
the defendant by the Sixth Amendment.
Second, the defendant must show that
the deficient. performance prejudiced the
defense. This requires showing that
counsel’s errors were so serious as to
deprive the defendant of a fair trial, a
trial whose result is reliable.

Strickland v. Washington, 466 U.S. 668,
687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674

856 FEDERAL REPORTER, 2d SERIES

(1984). As the state court and the district
court properly found, Woomer has not
made the requisite showing.

Woomer was represented at the first tri-
al by three competent attorneys with more
than 35 years combined legal experience
who diligently, although ultimately unsuc-
cessfully, pursued the issue of Woomer’s
drug history as evidence of mitigating cir-
cumstances. On remand he was again rep-
resented by one of the original attorneys
and by an attorney who had successfully
handled his direct appeal. Counsel was
aware of Dr. Morgan from his reports in
the state hospital files, and lead counsel
testified that he ‘didn’t see anything in the
file that made [him] think [they] wanted to
use him.”. Lead counsel also testified that
he was aware of the availability of pharma-
cology experts and investigated that. op-
tion, but did not pursue it. These decisions
were not “errors. so serious that counsel
was not functioning as the ‘counsel’ guar-
anteed the defendant by the Sixth Amend-
ment.” Id.

At the second sentencing proceeding, de-
fense counsel had the advantage of being
able to evaluate prior tactics and anticipate
the State’s evidence. Since the issue of
Woomer’s drug use had been unsuccessful-
ly pursued at the first trial, it was reason-
able to take another approach. Thus, faced

with the reality of the first proceeding cou-

pled with the common knowledge that
many find it difficult to view the illegal use
of narcotics under any circumstances as a
mitigating factor, and now armed with tes-
timony that Woomer had adapted well to
prison life, the decision, objectively viewed,

‘was a reasonable and prudent approach for

the defense to take. Further, presenting
evidence of Woomer’s good conduct in pris-
on was sound trial strategy in an attempt
to rebut Dr. Galvarino’s giles of his
future dangerousness.

Further, Woomer has not demonstrated
any prejudice from the alleged deficiency in
counsel’s performance. The State present-
ed eyewitness testimony from a surviving
victim which established the aggravating
circumstances of kidnapping and rape, in
addition to the expert testimony of Dr.
Galvarino concerning Woomer’s future
dangerousness. Woomer expressly con-

10 -4-Té The State ; folumbia Ot

Investigators

By JOHN ALLARD
Staff Writer

la en

Larry Gene Bell was scheduled to die
in South Carolina’s electric chair early
today for the 1985 murders of two Mid-
lands girls.

Bell received death sentences for kid-
napping and murdering Debra May
Helmick, 9, and Shari Faye Smith, 17.

Investigators think Bell, 47, sexually
assaulted Helmick and Smith before he
suffocated them by wrapping duct tape

days of hell. F
family forgive
» said Lexington
County Sheriff James
Metts, recalling the
weeks Bell taunted the
victims’ families and
stigators after the

many, justice will be

done. He’s the kind of guy society is bet-
ter off without.”

Bell took a vow of silence as he awaited
his execution, said Daniel Westbrook, one
of the condemned man’s attorneys.

“He has said he would enter a period of
silence that his Heavenly Father com-
manded him to do,” said Westbrook, who
met Bell on Thursday at the Capital Pun-
ishment Facility at Broad River Correc-
tional Institution. “He seemed to be very
much at peace with things.”

Bell’s attorneys tried to postpone the

execution by challe
ecuted, sayi

nging his competence
ng he couldn’t ratio-
e with them.
udge David M
week that Bell was co
cuted even thoug
had delusions of
Bell told doct
that he thought t
he called the

aring ruled last

5 mentally ill and
Jesus Christ.

ors who exa
he electric cha
blue oak,” would allow
rone after he

still remember how Bell tormented them.

around their heads.

rected upon his death.

His attorneys filed a last-minute appeal
Thursday morning with the Fourth USS.
Circuit Court of Appeals. That appeal was
denied Thursday afternoon.

Bell abducted Smith, a musician and
honor student, on May 31, 1985, while she
checked the mailbox at her parents’ home
off Platt Springs Road in Red Bank. She
had just come home from a pool party to
celebrate her upcoming graduation from

ii ee ees

—————oo

PLEASE SEE BELL pace AG

The electric chair

South Carolina’s electric
chair, called “Old Sparky,”
has been available for use
since Aug. 6, 1912. Here are
some key facts:

@ Before Larry Gene Bell, 245
men had died in the state’s elec-
tric chair this century.

@ The last killer electrocuted in
South Carolina was

Donald Pee Wee Gaskins on Sept.
6, 1991.

B Power for the electric chair is
activated when an executioner
pushes a button. The chair oper-
ates on an automatic three-part
cycle. The first five-second cycle
sends 2,000 volts of electricity
through the person's body. An
eight-second, 1,000-volt cycle fol-
lows. The final 250-volt cycle lasts
for two minutes.

BELL

FROM PAGE A1

rE
Lexington High School.

The next day, Bell killed Smith
after holding her hostage for 12
hours. He raped her after tying her
to a bed with electrical cord.

Two weeks later, Bell abducted
Helmick while she played with her
3-year-old brother in front of their
home in northeast Richland Coun-
ty. He dragged Helmick, a Straight-
A student who taught the alphabet
to her younger sister, kicking and
Screaming into his car.

Bell tormented Smith’s family
in a series of eight telephone calls
made after her abduction. He
eventually revealed where he had
left her body off U.S. 378 in Saluda
County and also where he had
dumped Helmick’s body near
Gilbert.

Eleventh Circuit Solicitor Don-
nie Myers, a veteran Prosecutor,
said it was one of the most grue-
Some murder cases he has ever
handled.

“It’s a case that will always stick
out in my mind,” Myers said. “I'll
never forget the chilling phone
calls and the degraded conditions
of the bodies.”

Investigators described Bell as a
Serial killer who had probably
murdered other females before he
suffocated Helmick and Smith.

Bell was a Suspect, but was
never charged, in the 1984 disap-
pearance of Sandee Elaine Cor-
nett, who lived in east Charlotte.
Cornett was the Birlfriend of one
of Bell’s co-workers at Eastern Air-
lines in Charlotte.

Bell would be the fourth killer
executed in South Carolina this
year and the ninth overall since
1977, when state lawmakers
restored capital punishment.

He would be the first killer to be
strapped in the electric chair since
1991, when mass murderer Donald
“Pee Wee” Gaskins was electrocut-
ed.

A bill Gov. David Beasley
signed last year changed the
State’s preferred execution method
from electrocution to lethal injec-
tion. Inmates who were already on
Death Row still can choose the
electric chair.

The four killers previously put
to death in the past year all chose
to die by lethal injection.

“966T *

§ YHAOLIO ‘AVGUN.LVS TWNOILWN S211 wx0A MEN.

South Callin Puts
Girls’ Killer to Death

COLUMBIA, S.C., Oct. 4 (AP) —A

man who said he was Jesus was °°

executed in the electric chair early
today for killing two girls in 1985 by

ioe
.
y

wrapping their heads with duct tape.

The man, Larry Gene Bell, 47, had -

Said his execution would deliver him

to heaven. He was convicted of kill- |

ing Shari Faye Smith, 17, and Debra

Helmick, 9, about two weeks apart. : °
Before he was captured, Mr. Bell >
taunted Shari’s family with tele- -*
Phone calls describing how he had

killed her.

The police caught him by connect- | .

ing him to an imprint of a phone -

number found on a will he made : -

Shari write to her family. The 199]

CBS movie “Nightmare in Columbia °°

County” was based on the case.

Mr. Bell’s lawyers had argued in —

appeals. that the former electrician
from Gilbert was too mentally ill to
be executed. But a circuit court

| judge ruled against them last week. °

Mental health experts and Mr.-.
Bell’s lawyers had said he Was Schiz- °°:
ophrenic, believed he was Jesus and °::

wanted to die in the electric chair »

because he saw it as a direct path to °:

| heaven and God’s ‘throne. Prosecu-
tors said it was all an act.

yy Pe
‘he

LL EENEnnnnannnasnaanmemnn

Murderer of two girls dies in electric chair

REUTERS

COLUMBIA,.S.C. — An elec-
trician who called himself Jesus
Christ and whose murders of a
young girl and a teen-ager once
gripped South Carolina with fear
was executed in the electric chair
Friday, prison authorities said.

Larry Gene Bell, 47, of Gilbert,
S.C., who had been on Death Row
_ since March 1986, was pronounced '.
dead at 1:12 a.m., prisons spokes- -

man John Barkley said. He did not
request a special last meal, instead

dining on inmates’ typical fare of °
‘hamburger, rice and gravy, fried

okra, corn bread and ice tea.

SAN FRANCISCO EXAMINER | |

x & Friday, October 4, 1996 A-17

—_—_———___

Killer executed

COLUMBIA, S.C. — A man
who called himself the Son of
God was executed early today for
killing two girls by wrapping
their heads in duct tape. One of
the murders was the subject of a
TV movie.

final statement. He had said the
electric chair would deliver him

to heaven.

Ww "8

Gene Bell, 47, made no

The Fresno Bee e Friday, October 4,1996 A5

you was similar to the tape that the police
pulled out of his car. Preposterous that he
just suddenly happens to find it in his
pocket at the very instant the victim’s
girlfriend is lying face down on the bed.”’

‘*Preposterous’’ also was the word she
used for the defense claim that the police
had promised Leadley immunity from
prosecution in exchange for a confession

_and testimony against Bilinski in a case

that had witnesses and solid evidence.

‘This is a man involved in a murder, a
robbery, a burglary, felony murder; and
they are going to let him be a witness
without even checking with the district
attorney? Preposterous.”’

Deputy D.A. Tomlinson next attacked
the defense contention that there was no
intention to use the handgun. She pointed
out that Leadley knew Bilinski had the
handgun three days before the murder
and on the way to the murder scene. She
also pointed out that they would never
getto aman whom they believed peddled
marijuana and expect him to just hand
over the booty.

She emphasized the point that Leadley
took the girl into the bedroom for one

purpose: ‘‘He was getting her out of the

way so she couldn’t interfere with the.

loaded gun to the temple. That is intent,
ladies and gentlemen; that is no accident.
‘‘The defense attorney argues that, for
four years, the defendant has been doing
well. | am not sure what that is supposed
to mean other than perhaps you are sup-
posed to give him a break because he has
been a nice guy for four years. Well, it’s
not that simple. It’s not just a question of
Bilinski suddenly showing up on the
scene, Bilinski the bad guy pushing him
into something that he didn’t want.
‘*Because he (Bilinski) had been out
for three months, he (Leadley) told you
they had been doing lots of things togeth-
er. He took Bilinski to see his parole
officer a few times, drove him around
because Bilinski had no car and finally,
of course, as the evidence has proyen,
drove him to the scene of the homicide.
‘Jim Robinson didn’t have a chance
that day, April seventh. Ladies and gen-
tlemen, the defendant and Bilinski had
all of the ammunition that day,’’ Tomlin-
son concluded.
All who knew the deputy district attor-

ney and heard or read the verbatim report
conceded that it was one of her finest
closing dissertations. She was at her
peak.

That was evident when the jury re-
turned with not just a verdict of guilty to
murder, but guilty to all four
counts: felony murder, murder, rob-
bery in the first degree and burglary
in the first degree.

Triggerman and partner in crime,
Stanley W. Bilinski had chosen to plead
guilty to murder and robbery. Leadley
had tossed the dice and lost.

On June 28, 1984, Circuit Court Judge
Robert P. Jones sentenced Stanley W.
Bilinski to life in prison on the murder
charge and 20 years in prison on the
robbery charge. That sentence was hand-
ed down while the Leadley trial was still
in progress.

On September 6, 1984, Circuit Court
Judge Donald H. Longer sentenced Gary
Lee Leadley to life for felony murder and
murder, and to 20 years for robbery and
burglary.

The killers are presently serving their
sentences. e

Pervert Craved (from page 31)

Prix, silver-colored with red racing
stripes.

The roadblocks were called off early
in the morning without anyone who had
been stopped linked to the kidnapping.

Metts directed the search parties to
concentrate their efforts in an area
around Lake Murray. He reasoned that if
Shari were still alive, she most likely was
being held somewhere near the place the
telephone call had been made.

A group of friends of the Smith family
had 10,000 posters printed with Shari’s
picture of them and a $25,000 reward

offer for any information concerning’

her. The posters were placed in stores,
service stations and nailed to telephone
poles.

A call came to the Smith home from a
man who said he would reveal where
Shari could be found in exchange for the

reward money. A deal was made for the ©

money to be dropped. The caller would
make a call, after he had the money,
telling where Shari could be found. The
call was traced to a public pay telephone
in Columbia.

Technicians monitoring the call stated
that the voice did not appear to be the
same as the person who had called earli-
er.

64 Front Page Detective

Agents and sheriff’s officers took a
27-year-old: man into custody when he
picked up the ransom at the spot he had
named for the drop. Questioned at police
headquarters, it was only a short time
before the investigators were certain that
he. did not know anything ‘more about
Shari or the kidnapping than had*been
reported by the news media.

The imposter was charged with extor-
tion, obtaining money under false pre-
tenses and obstructing justice. At a pre-
liminary hearing, he was ordered held.
for trial in lieu of $40,000 bail.

In an unusual move, a SLED agent’s
daughter, who resembled Shari, dressed
in white shorts and a yellow pullover,
recreated the abduction on film to be
broadcast on a Crime Stoppers spot’ on
television.

Cameras followed her from the swim-
ming pool to where she parked her car in
the driveway. They showed her getting
out of the car, going to the mailbox and
being forced into a vehicle.

The face of the abductor was not
shown and the car he was driving was
disguised, so that it would not influence
any possible witnesses. °

On Wednesday, a call came in to the
sheriff's office. A man’s voice told the

dispatcher, ‘‘If you want to find Shari
Smith, you go out to the Masonic Lodge
at Lake Murray. Just walk up the path
behind it and you'll find her.’

The connection was broken before the
dispatcher could ask for more informa-
tion. The voice, however, was recorded
on tape and later identified as that of the
person who had made several calls to the
Smith home.

Deputies and agents hurried out to the
location given by the caller. Shari was
there.

She was lying in a grassy area clad in
her bikini swimsuit, shorts and pullover,
A pair of surgeon's plastic gloves were
near the body.

From the amount of decomposition
that had set in, it was visibly evident that
she must have been dead for some time.

Investigators were certain that Shari
had not died at the spot where the corpse
was found. The area had been searched a
number of times previously. The kidnap-
per must have' brought the body from
somewhere during the night.

After the scene had been photo-
graphed, Shari’s body was removed by
Saluda County Coroner Bob Horne, It
was taken to the Newberry County Me-
morial Hospital to be examined by foren-
sic pathologist 'Dr. Joel Sexton.

There was little physical evidence to
be found at the scene, other than the
plastic gloves. One of the technicians

oe eeRERTERE Ane STS

~ iis as UN

commented, **|
by wearing the givy,
any fingerprints. Bu
given us the best set
gloves.””

The search parties

Shari had been found”

ed. Investigators co
trate their efforts 11
area. They reasoned |
ly had been held capi
that the kidnapper \

Frustration and an
those who had spent
sun searching for S}
find her alive.

A preliminary rey
stated that the body
posed it was unlike
death could be deter
marks on the mout
indicating she ha
bound with broad st
tape.

It was most likels
from asphyxia by
strangled or from ¢
He placed the time
night or Sunday.

Investigators no!
had called fhe Smit

Wee

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> verbatim report
1e of her finest
She was at her

hen the jury re-
rdict of guilty to
vy to all four
r. murder, rob-
ee and burglary

‘tner in crime,
i chosen to plead
obbery. Leadley
1 lost.

cuit Court Judge
ced Stanley W.
) on the murder
n prison on the
itence was hand-
ley trial was still

s4, Circuit Court
2r sentenced Gary
elony murder and
. for robbery and

' serving their
e

int to find Shari
e Masonic Lodge
valk upgthe path
d her.”*

roken before the
r more informa-
ver, was recorded
fied as that of the
everal calls to the

hurried out to the
caller. Shari was

rrassy area clad in
orts and pullover.
astic gloves were

st decomposition
isibly evident that
id for some time.
certain that Shari
t where the corpse
ad been searched a
usly. The kidnap-
ht the body from
> night.
iad been photo-
was removed by

commented, ‘He probably thought that
by wearing the gloves he wouldn’t leave
any fingerprints. But he most likely has

" given us the best set possible inside the

gloves.”’
The search parties were notified that
Shari had been found, and they disband-
ed. Investigators continued to, concen-
trate their efforts in the Lake Murray
area. They reasoned that Shari most like-
ly had been held captive in that area, and
that the kidnapper was familiar with it.
Frustration and anger was the mood of

. those who had spent long days in the hot

sun searching for Shari Smith, hoping to
find her alive.

A preliminary report from Dr. Sexton
stated that the body was so badly decom-
posed it was unlikely that the cause of
death could be determined. He had found
marks on the mouth, ankles and wrist

indicating she had been gagged and

bound with broad strips of adhesive duct
tape.
It was most likely she had died either
from asphyxia by being smothered or
strangled or from extreme dehydration.
He placed the time of death as Saturday
night or Sunday.

Investigators noted that the kidnapper
had called the Smith family on Monday

_ and told them that their daughter was still

alive, and at the time she must have been
dead for some time.

‘And he kept that dead girl and made
more calls,’’ one of the agents said. “I
just can’t imagine what kind of a fiend
would be capable of that.’’

Funeral services were held for Shari.
Investigators were on hand to scan all
who attended, looking for some clue to
the killer.

Following the services, a call came in
to the Smith home from the same person
who had called them previously. He said
he had attended the funeral and was sorry
that he had kidnapped Shari and that she
had ‘died.

A reporter with a television station in
Columbia received a call from a man who
identified himself as having kidnapped
Shari. The reporter asked for proof that
he was actually the kidnapper and that the
call was not a hoax. The caller indicated
that he knew the Smith family and gave
enough details to convince the reporter
that he was the person who had abducted
Shari.

In a rambling conversation that lasted
about five minutes, the kidnapper said

.that he was sorry the girl was dead and

that he had attended her funeral.

‘IT just made a mistake,”’ he said. “All
I wanted to do was make love to her. |
didh’t know she had some kind of a rare
disease. It just got out of hand and I got
scared.”’

The caller said he wanted to give him-
self up, but was fearful that he would be
shot because he knew the bitter feelings
that existed about the abduction and
death of the girl.

He said he would surrender to the re-
porter so that he could witness that he was
unarmed and willing to give himself up.
He named a place where he said he would
meet the reporter at six o'clock the fol-
lowing morning. ,

The reporter notified investigators
about the call. He made no mention of it
in the news broadcasts.

The reporter, with officers nearby,
was at the place at the designated time.
The kidnapper, however, did not show
up.

The reporter waited until noon and
then went on the air with a plea for the
man to call him again and set a new time
and place for a meeting in which he could
surrender without any fear of being shot.

There was no response to the plea.

Sheriff Metts then went on the air to
assure the man that the police would not

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Front Page Detective 65

kill him if he voluntarily surrendered. He
added a warning, **We are getting close
to you, and the investigation is running
around the clock.’

Metts stated that he did not believe that
the caller ever intended to give himself
up. “‘He’s taunting us with that stuff
about being afraid to give himself up.”’
Metts said. “It’s just like those calls he
made to the family saying she was alive
when he knew she was dead. He wants to
create a sensation. It’s some kind of a
high for him.”

Reporters asked Metts if it was true
that they were near to naming a suspect
in the case. Metts responded by saying,
“Tcan tell you who he isn’t. We've ques-
tioned about 200 persons we know who
didn’t kidnap or kill the girl.’’

Eleventh District Solicitor Donald V.
Meyers told reporters that he would pros-
ecute and seek the death penalty for the
suspect when he was taken into custody,
regardless of whether Shari had died
from asphyxiation or dehydration. He
said that the law states that anyone who
withholds medication from a person, re-
sulting in the death of the person, is guil-
ty of murder. :

FBI Agent Tommy Davis, a specialist
in criminal profiles, collected all availa-
ble information from the investigators to
be sent to the bureau's laboratory in
Quantico, Virginia. It would be analyzed
by psychologists and sociologists, who
compared peculiarities, such as having
kidnapped the victim in broad daylight,
the telephone calls and other things, with
previous crimes of a similar nature,

As the investigation continued, a radio
station in Columbia suggested to Jisten-
ers that they wear a pink ribbon or tie a
pink ribbon to the antennas of their car
radios to express their sympathies to the
Smith family. A local florist supplied
hundreds of pink ribbons.

The pink ribbons not only expressed
the sympathy for the Smith family, but
the growing fear that since the killer had
not been caught, he might kill again.

Metts concurred. ** Any time you have
a killer who fits a profile like this, itis my
opinion that the person who kills once
will kill again. He will want to continue
to be the center of attention.”*

The statement was prophetic.

Two weeks after the abduction and
slaying of Shari Smith, at four o'clock on
Friday afternoon in Richland County, a
few miles south of Columbia, blue-eyed,
blonde, 10-year-old Debra May Helmick
was playing in the front yard of her par-
ents’ home in a mobile home park with
her five-year-old brother. :

The.mobile home was located next to

66 Front Page Detective

Old Percival Road: “A car. Pie in,
turned around and parked alongside the
Helmick home.

A neighbor in the kitchen of a home
adjoining the Helmick home was pour-
ing himself a glass of orange juice and
looked out the window. He Saw aman get
out of the car, snatch-up the screaming
and kicking girl, throw her into his car
and speed away.

The car and girl were gone before he
could come out of his house. He pounded
on the front door of the Helmick home.
The girl's father came out. He had not
heard his daughter’s screams because the
air conditioning had been on inside.

There'was no telephone in the house
and he raced up to the mobile home park
office and called the Richland County
Sheriff's Office. Sheriff Frank Powell,
with Lt. Jack Sullivan and several depu-
ties, responded to the call.

The neighbor was able to furnish a
good description of the car and the man
he had seen abduct the youngster.

The car was a late model Chevrolet
Monte Carlo or Pontiac Grand Prix, sil-
ver-color with red racing stripes. The
witness could not recall all of the num-

bers on the license, but was sure it was a:

South Carolina plate with the letter ‘*D,”’
and he had noted that there was a sticker
on the rear bumper advertising Coors
beer.

The driver was a white male in his
mid-30s, heavyset, about 215 pounds,
five-feet nine-inches, with blonding
brown hair growing down his neck.and a
bushy beard and mustache.

The father of the girl said he did not

know anyone answering that description
or who owned that model of automobile.
He said they had moved recently to. the
area. He worked nights and his wife
worked, days so ‘they could each watch
the children.’

‘The officers took down a description
of Debra, noting that she had been wear-
ing white shorts and a plaid blouse and
was barefoot.

The descriptions of the girl, man and
car were broadcast to all police agencies,
and roadblocks were set up to intercept a
silver-colored sports car with red racing
stripes.

When the report was received by the

Lexington County Sheriff’s Office, the’

dispatcher gasped, *‘My God! He must
be the same guy who got Shari Smith,
and now he’s got-a 10-year-old girl.”’
There was a discrepancy in the ages of
the victims, but there were a lot of simi-
larities. Both victims had blue eyes and
long blonde hair. They had been abduct-
ed in broad daylight. The investigators

noted that the description of the man who
had snatched Debra was similar to one of
the men who had been seen at the store at
Lake Murray when a call was placed to
the Smith home.

Sheriff Metts immediately called Sher-

iff Powell. He said that if it was the same
kidnapper, then they could expect some
telephone calls.
_ There was no telephone in the Helmick
home so a tape was placed on the phone in
the park office to record all incoming
calls.

FBI and’SLED agents, who had been
working on the Smith case, directed their
activities to the Helmick case.

Many of the volunteers who had

searched for Shari joined the search for

Debra. Their mood, however, was
changed. When they had looked. for
Shari, the hope was that she would be
found alive. They were grim now, almost
certain. they were looking for a body.
Fear hung over the entire area like a
pall. With youngsters out of school for
the summer vacation and a brazen killer
who abducted his victims in broad day-

light, parents kept a watchful eye on their —

children. Youngsters were accompanied
to and from swimming pools and picnics.
Deputies and agents worked around-
the-clock. Many put in long hours of
overtime, and vacations were cancelled.
A police artist prepared a sketch of the

_ kidnapper from the description supplied

by the witness. Posters were printed with

the sketch, a description of the car and a
‘photo of Debra Helmick. Volunteers

plastered them in public places.

The State Bureau of Motor Vehicle
Registrations was requested to make a
check on the owners of late model Chev-
rolet Monte Carlos or Pontiac Grand
Prixs, with special attention to those
painted silver with red racing stripes and
plates with the letter ‘*D’’.

Unlike the Shari Smith case, the kid-
napper did not make any contact by tele-
phone with Debra’s parents.

Investigators figured that the victim,

‘like Shari before her, was being held ina

dwelling. She likely would not surface
until the kidnapper was ready to discard
the corpse somewhere.

_ Fruitless long hours were put into air,
ground and water searches. Deputies
were stationed on roads to scan passing
cars for any that resembled the one the
kidnapper had been driving.

Tips came in that were checked out.
Suspects were questioned. But nothing
led them to the victim or the kidnapper.

Then, late Saturday afternoon, a week
following the abduction of Debra Hel-
mick, a call came in to the Lexington

County Sheriff’:
to the call that h
of Shari Smith's

The caller, whos¢
and later identified
who had called on t
said that Debra ¢
wooded section 0!
SLED agents, with
ington, Saluda and
hurried out to the a
had directed.

They found Debr:
clearing in the woo
road.

It was a duplicat:
case. The victim ha
hands and wrists tro
used to gag and bin
that she had been
and had most like]
tion or asphyxiatio!

Investigators we
had not been slain
found. As in the S
had kept her capt
bly sexually abusir
her.

A new wave ot {
communities. How
strike again? Wh)
find the killer?

The investiga
cases could only sa
ing progress, but
suspect for the cri
could not public
was being mad¢

Part of that pu
National Crime Ini
of the known facts 1:
fed into the comput
with previous sim

The computers
with similar modu:
pect who resemb|c
been seen by the wi!
of Debra Helmick

The three cases t!
that had similariti
Helmick cases had
lotte, North Caroli:

The first had be
earlier. On July 3)
a 21-year-old ass:
apartment buildi:
mid-afternoon. She
long blonde hair.

Investigators det
been abducted. An
had been question
Bell. He lived near!
ed with the missin;

Despite a searcl .
months, the missing

»f the man who
milar to one of

at the store at
was placed to

ely called Sher-
t was the same
J expect some

in the Helmick
’n the phone in
! all incoming

who had been
. directed their
ase.
‘rs who had
the search for
1owever, was
ad looked. for
she would be
m now, almost
for a body.
tire area like a
it of school for
a brazen killer
broad day-
eye on their
>companied
‘1s and picnics.
orked around-
long hours of
vere cancelled.
ia sketcfof the
iption supplied
-re printed with
f the car and a
ck. Volunteers
places.
Motor Vehicle
sted to make a
ite model Chev-
Pontiac Grand
ntion to those
icing stripes and

1 case, the kid-
contact by tele-
nts.

that the victim,
s being held ina
suld not surface
ready to discard

ere put into air,
ches. Deputies
to scan passing
ried the one the

ing.

‘re checked out.

d. But nothing
r the kidnapper.
oon, a week
Debra Hel-
» we Lexington

County Sheriff’s Office. It was identical
to the call that had revealed the location
of Shari Smith’s body.

The caller, whose voice was recorded
and later identified as the same.person

who had called on the Shari Smith case, -

said that Debra could be found in a
wooded section of Kershaw County.
SLED agents, with deputies from Lex-
ington, Saluda and Kershaw Counties,
hurried out to the area where the caller
had directed.

They found Debra’s body dumped in a
clearing in the woods, not far from the
road.

It was a duplication of the Shari Smith
case. The victim had marks on/her face,
hands and wrists from adhesive duct tape
used to gag and bind her. It was evident
that she had been dead for several days
and had most likely died from strangula-
tion or asphyxiation.

Investigators were positive that she
had not been slain where the body was
found. As in the Smith case, the killer
had kept her captive somewhere, possi-
bly sexually abusing her before killing
her.

A new. wave of fear swept through the
communities. How soon would the killer
strike again? Why couldn't the police
find the killer?

The investigators working on the
cases could only say that they.were mak-
ing progress, but did not have a solid
suspect for the crimes. They said they
could not publicly reveal what progress
was being made.

Part of that progress came from the
National Crime Information Center. All
of the known facts in both cases had been
fed into the computers, to be compared
with previous similar crimes.

The computers spat out three crimes
with similar modus operandi and a sus-
pect who resembled the man who had
been seen by the witness in the abduction
of Debra Helmick.

The three cases the computers selected
that had similarities to the Smith and
Helmick cases had taken place in Char-
lotte, North Carolina.

The first had been reported 10 years
earlier. On July 31, 1975,.Denise Porch,
a 21-year-old assistant manager of an
apartment building, disappeared in
mid-afternoon. She had blue eyes and
long blonde hair.

Investigators determined that she had
been abducted. Among the persons who
had been questioned was Larry Gene

Bell. He lived nearby and was acquaint-

ed with the missing young woman.
Despite a search that lasted several
months, the missing young woman could

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Front Page Detective 67

= he aes . cs mre al ee i aE sob a ante Sgpanirtaaisrtserin nr piteneta

crimes, but many adults are. Such horror is very much like a physical trauma. It's like an ol
wound that flares up from time to time and just won't go away.

"Those directly involved are traumatized the most, of course," said Columbia psychiatrist Dr.
Clyde Flanagan. "For those most closely involved, time doesn't really pass -- time, in a way, stands"
still. 4
Things happen that remind them of the event. This can cause depression and even physical pain
that they can't connect to a cause.

"Time doesn't heal the feelings of vulnerability and helplessness or answer the question of ‘why'
and the fear of loss of control over one's own life."

Traveling in the neighborhood of Red Bank, where Shari Smith was taken while checking the mail,
one finds people still thoughtful about the act. The same is true at the end of Old Percival Road, a
lonely outback of Richland County dotted by decrepit trailer parks amid sandy fields and pine
trees. |

In Red Bank, Gladys Leaphart was extracting sodas from a drink machine for her two eager
grandchildren, Audrey, 5, and Todd, 2. This was on S.C. 6, which was a busy road in 1985 as law
enforcement officers chased the wily Bell.

"I remember the helicopters and the police cars speeding down this road, sirens screaming," she
said. "People were really upset. Even now, when it comes up on the news, memories are
refreshed. People don't ever forget a thing like that.

"I think you can say there has been some change in the way people watch their children --
because of Bell, but because of other things, too. The crime woke people up and made them
realize what dangers exist under their very noses."

It was the same on Old Percival. Richard and Lisa Martin live with their 4-year-old boy, Ryan, in
a modest mobile home. But, as it is in neighborhoods rich or poor, there are always other kids
about.

"I heard about the Helmick case," she said. "We worry all the time about how sick people out

there want to hurt children. We have to watch out vt close and we always tell the kids to
understand about talking to strangers."

In little Martin's Store just down the way, Valerie Taylor tended the few customers who came in
and out on a slow day. Having four children, ages 8 months to 11 years, she says she also
constantly worries about the dangers that exist in current times.

"You never know what's going to happen," she said. "And you think it will never happen to you,
but it can. You can't watch kids all the time, but when you have an event like that it makes you
more alert and careful."

Memories strong of bizarre case. It is difficult to recreate the emotions surrounding the
kidnappings and murders of 10 years ago: the imaginations of parents all over the state, the
frustrations of police being taunted on the telephone by their very prey, the horror on discovering
their worst fears were true, and, not least, the long death sentence epilogue of the jeering, leering
Bell.

Things were so bizarre that at Smith's funeral a one-time suspect in her slaying positioned himself

a ZAK Spee - Colombia Sc Ie 2 a

Bell's murders haunt memories

: Officials: Details still fresh 11 years later
Wednesday, Oct. 2, 1996
By JOHN ALLARD, Staff Writer

Lexington County Sheriff James Metts still cries when he thinks about finding the badly
decomposed body of Shari Faye Smith 11 years ago.

"Tt was so emotional. It was as if it was my own daughter," said Metts, who prayed with Smith's
parents after telling them she had been murdered. "This case will always be in the forefront of my

mind."

On Friday, Larry Gene Bell, 47, is scheduled to die in South Carolina's electric chair for the
murders of Smith and Debra May Helmick.

Here's a look at what happened:

Shari Smith. Shari Smith, 17, a talented musician and honor student, would have graduated from
Lexington High School on June 3, 1985. She had a summer job as a singer at Carowinds and
planned to enroll in the fall at Columbia College.

On May 31, 1985, Smith and her boyfriend attended a party at Lake Murray.

After the party, her boyfriend took Smith to the Lexington Post Office, where she had left her car.
Bell was sitting in a car two spaces from Smith's car and watched her while he waited for his

mother to leave the post office.
About 3. p.m., Smith kissed her boyfriend goodbye and drove home.

Fifteen minutes later, Bell drove up in his car while Smith was checking the mailbox at her
parents’ home off Platt Springs Road in Red Bank. She was barefoot and was wearing a shirt and
shorts over a bathing suit.

Bell pointed a pistol at Smith and forced her to get in the car.
Smith's father, Bob, found her 1978 Chevette in the driveway. The motor was still running, and her

Wee EDITION

Larry Gene Bell's legacy is fear

Residents can't forget killings
Sunday, Sept. 29, 1996

By MIKE LIVINGSTON, Staff Writer

Larry Gene Bell : File photo Pleven years and a little after Larry Gene Bell turned
the Midlands and, indeed, the entire state into his personal sadistic sideshow, there remain many
anxieties and even fear about the modern world and the profane threats that lurk somewhere
nearby.

Shari Smith, just 17 in 1985, the eee, of a prominent Lexington family, and little 9-year-old
Debra May Helmick, taken from her yard in a modest Richland County trailer park, are long in
their graves now. Yet the cruel kidnappings and murders have left their mark on people -- _
especially to families and those close to the children.

Young people just coming along in 1996 really aren't aware of the atmosphere surrounding the

by Lexington County Sheriff Jimmy Metts and addressed the gathering in evangelical tones. He
asked the killer, whom he thought was present, to come forward and give himself up. The act not
only freaked Metts, but prompted hysterical outbursts from some in the crowd.

SLED spokesman Hugh Munn was in the middle of all this back then. He recalled that he had
worked many perverse and brutal crimes, but never had he seen the entire state so worked up.

From Oconee County to Charleston, people called to ask advice on how to protect their families.
The pervasive feeling, especially after the Smith and Helmick cases were linked to the same
perpetrator, was that people felt they were being hunted.

"There was a sense of panic that engulfed whole neighborhoods," Munn said. "Churches were
calling to ask how to reassure people. Everyone felt there was a lurking danger. We couldn't get
off the phone. People were calling with all kind of sightings -- someone pulling up at a stop sign,
someone near a school. People were terrified."

Bob Ford was also in the thick of it. The former Lexington County Sheriff's Department
spokesman's job was to deal with the media, especially to keep them distant from the distraught
Smith family while the manhunt proceeded.

"People were scared to death," he said. "I lived in Friarsgate, and on the way home I noticed there
were no children out playing in the yards. Before, they were all over the place. I remember talking
to schools and day care centers and their question was always "What can we do?!"

Fear difficult to shake. Ford also brought up a point, chilling as it is, that is inarguably true.
"There will always be a Larry Gene Bell out there,” he said. "The danger is always out there. He
is out there right now, somewhere."

That sentiment is shared by a person who has long been intimately involved on both sides of the
Smith murder. A personal friend of the Smith family, he was called upon early on to help them find
peace. As a volunteer death row chaplain, he has known Bell up close and personal for many

years now.

"There are probably dozens, even hundreds of Bells out there, and most of them look as normal as
a neighbor,” said Jim Logan of Lexington, who lives not too far from Red Bank. "Awareness is the
greatest weapon against this sort of tragedy. This has taught us all to be more aware.

"When I come home in the evening I see children playing in the street. There are no adults around,
and that is as it should be. We shouldn't be made to be so paranoid that they can't do that. But
because of this case and because of what I know if my grandchildren are out there, I'm on the
porch."

Logan said he has not heard the murders being talked about much in his area. The young are not
aware, and the older people are letting time do its healing. Those close to the children, however,

the families, the friends, have had their lives forever changed.
"The truth," Logan said, "is that we don't live in the world that we once did."

Mike Livingston covers the environment as well as science and technology
issues. He can be reached at 77 1-8375 or by fax at 771-8430.

TAs Stet ~ Expo,
an, Jedirrbodt Tar 29-90

«
686
es, who were not targets of either the
surveillance or grand jury investigation,
could be questioned by the grand jury un-

der a grant of immunity. 18 U.S.C.A.
§ 2515. :

4. Telecommunications ¢528

Nontarget grand jury witnesses were
not entitled, to notice that they had been
overheard on electronic surveillance under
Foreign Intelligence Surveillance Act, prior
to their testimony before a grand jury.
Foreign Intelligence Surveillance Act of
1978, § 106(c), 50 U.S.C.A. § 1806(e).

John Kenneth Zwerling, Alexandria, Va.,
(Michael Hardy, Arthur R. Black, Rabinow-
itz, Boudin, Standard, Krinsky & Lieber-
man, New York City, on brief), for defend-
ant-appellant.

Henry E. Hudson, U.S. Atty. (William
Otis, Asst. U.S. Atty., Lawrence J. Leiser,
Asst. U.S. Atty., Leslie A. Hulse, Sp. Asst.
U.S. Atty., Alexandria, Va.,.on brief), for
plaintiff-appellee.

Before RUSSELL, WIDENER and
ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Vernon Bellecourt, Bill Means and Bob
Brown were called to testify before a fed-
eral grand jury which was: investigating
possible. illegal activities of a number of
people, including the officers of the Peo-
ples’ Committee for Libyan Students.
When the men refused to testify before the
grand jury despite grants of use immunity,

1. Each of their attorneys was out of the state
dealing with other matters.

2. The witnesses pointed out two Sonblerié with
the immunity order. First, they argued that an
error in the government's motion in support of
the Order of Immunity contaminated and invali-
dated the order. The error to which the wit-
nesses objected was a statement in the motion
to the effect that the three men had “refused to
testify.”. The order, however was signed and
filed with the district court on July 22, 1988,
along with a letter of authorization from the
Department of Justice dated May 2, 1988. The
government explained to Judge Cacheris (and to
this court) that the wrong immunity form was

inexplicably used and the language should have »

856 FEDERAL REPORTER, 2d SERIES

‘Immunity order

the district court found them in ‘contempt.
They appeal that finding. We affirm.

The complicated procedural history of
this case began on July, 20, 1988, when
subpoenae were served on Vernon Bellec-
ourt and Bill Means to appear before a

~ grand jury in Alexandria, Virginia on July

25. Bob Brown was later subpoenaed to
appear the same day. The men subse-
quently were ie to appear on July 27,
1988.

On the 27th, the three witnesses ap-
peared but refused to testify without
speaking to counsel.! The witnesses asked
Judge Cacheris for two weeks to consult
with their attorneys. The government told
the court it would offer immunity to the
witnesses, and each witness was given a
copy of the immunity order and its support-
ing papers. The court ordered the witness-
es to obtain local counsel and appear the
next day, July 28, at 10:00 a.m.

[1] The next day, at the appointed hour,
the witnesses again withheld their testimo-
ny. Again before Judge Cacheris, counsel
for Means and Bellecourt explained that
their clients refused to testify because the
was fatally flawed.?
(Brown was still without representation.)
The government informed the court that
electronic surveillance conducted pursuant
to the Foreign Intelligence Surveillance Act
(“FISA”), 50 U.S.C. § 1806 et segq., had
preserved some conversations of the wit-
nesses. The court reissued the immunity
order of each defendant, in their presence,

read that the witness is “likely to refuse to
testify.” We believe Judge Cacheris cured any
such defect by simply resigning the order in the
presence of the parties.

The second defect presented by the witnesses
questions the authority of an acting assistant
attorney general to approve an immunity order.
The witnesses argue that an acting official is not
delegated such authority. While we have not
spoken to this issue, we find persuasive the
analysis in United States v. Yanagita, 552 F.2d
940, 947 (2d Cir.1977) which held that an acting
assistant attorney general did have the authority
to issue grants of immunity pursuant to 18 U.S.
C. § 6003(b). We agree with that analysis and
reject the witnesses’ attack here.

ee at en, eae Fe ee

IN RE GRAND JURY PROCEEDINGS, GRAND JURY NO. 87-4 685
Cite as 856 F.2d 685 (4th Cir. 1988)

ceded the kidnapping and rape and at-
tempted to rebut the prediction of his fu-
ture dangerousness. He has failed to
“show that there is a reasonable probabili-
ty that, but for’ the absence of the general
and speculative testimony of Drs. Allen
and Morgan concerning Woomer’s drug
use, the jury would not have recommended
a death sentence. Jd. at 694, 104 S.Ct. at
2068. The absence of this evidence does
not undermine our confidence in the jury’s
recommendation, id., which was the same
as that of the first jury which had such
evidence presented to it.

IV.

Woomer was advised of his rights prior
to the psychiatric evaluations and his coun-
sel had notice of the examinations. Admis-
sion of Dr. Galvarino’s testimony did not
violate Woomer’s fifth amendment privi-
lege against self-incrimination or his sixth
amendment right to counsel. Further, he
received the effective assistance of counsel
at the second sentencing proceeding. Hav-
ing found no constitutional violations, we
affirm the denial of a writ of habeas cor-
pus.

AFFIRMED.

O & KEY NUMBER SYSTEM

sanms

In re GRAND JURY PROCEEDINGS,
GRAND JURY NO. 87-4, EMPANELED
SEPTEMBER 9, 1987 (Two Cases).

UNITED STATES of America,
Plaintiff—Appellee,
Be
(UNDER SEAL), .
Defendant-Appellant (Two Cases).

Nos. 88-5610, 88-5611.

United States Court of Appeals,
Fourth Circuit.

Argued Aug. 17, 1988.
Decided Sept. 14, 1988.

Following nontarget witnesses’ refusal
to testify before grand jury under grant of

immunity, the United States District Court
for the District of Virginia, Albert V.
Bryan, Jr., Chief Judge, James C. Cacheris
and Thomas Selby Ellis, III, JJ., cited wit-
nesses for contempt. On appeal, the Court

of Appeals, Ervin, Circuit Judge, held that:

(1) District Court’s resigning of order that
witness testify before grand jury under
grant of immunity waived any defect
caused by earlier grant of immunity; (2) in
camera review of documentation submitted
under Foreign Intelligence Surveillance Act
protected witnesses’ procedural rights; (3)
District Court judges were not required to
undertake onerous review of minimization
procedures before witnesses could be ques-
tioned by grand jury; and (4) nontargeted
grand jury witnesses were not entitled to
notice that they had been overheard on
electronic surveillance under Act.

Affirmed.

1. Witnesses 304(1)

District court’s resigning of order, that
witness could testify before grand jury on
grant of immunity, cured any defect caused
by Government’s previous utilization of |
wrong immunity form; Government had
used form stating witnesses ‘refused to
testify,” instead of Rabin likely to refuse
to testify.”

2. Telecommunications ¢-530

District court’s in camera review of
documents submitted to it under Foreign
Intelligence Surveillance Act, and its deter-
mination that electronic surveillance of
grand jury witnesses complied with mini-
mization requirements, was sufficient to
protect witnesses’ procedural rights; wit-
nesses’: contempt citations for refusing to
testify after grant of immunity, were af-
firmed. 18 U.S.C.A. § 2515.

3; Telecommunications 530

District court judges are not required
to undertake onerous review of minimiza-
tion procedure used in conducting facially
valid electronic surveillance before witness-

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generous with Rockefeller. In a Wash-
ington meeting that ended early last
week, 500 right-wing politicians and
commentators made Rocky the principal
object of their disaffections. “If Ford de-
cides to run next year,” declared one,
“he won't get the nomination with Rocky
on board. It is simply not in the cards.”
The group set up a committee to study
“conservative alternatives,” the chief of
which, implicitly, was the creation of a
third party. But former California Gov.
Ronald Reagan, who would have to be
the linchpin of such an undertaking,
chose to fudge on the subject. Intro-
duced by New York’s Sen. James Buck-
ley as “the Rembrandt of American con-
servatism,” Reagan asked enigmatically:
“Is it a third party that we need, or is it
a new and revitalized second party,
raising a banner of no pale pastels, but
bold colors which make it unmistakably
clear where we stand on all the issues
troubling the people?”

Thunder: A conservative splinter group
had little chance of winning national
office, but that was not the point of the
third-party talk. For one thing, despite
Rockefeller’s efforts over the past several
years to mollify the conservatives, a
visceral aversion to him endures on the
right. For another, the conservatives are
distressed at Ford’s policies of deficit
and détente, but cannot afford to criti-
cize him too loudly or directly in public.
Rockefeller is a quasi-liberal target of
ancient usage, and for however long is
left to him on the national scene, he will
remain a lightning rod for most of the
thunderbolts from the far right.

—RUSSELL WATSON with JOHN J.
LINDSAY in Washington

Homecoming: Despite the support of his colleagues, Edelin’s case raised difficult questions about late aborti¢

UP:

Abortion Ar

The phone call came at 7 a.m. from
an expectant mother who thought she
was in labor, and within minutes Dr.
Kenneth C. Edelin was on his way to
see her at Boston City Hospital. For
most doctors, it would have been a rath-
er routine emergency, but for Edelin
there was a difference. Four days after
being convicted of manslaughter in one
of the nation’s most controversial abor-
tion trials, and 24 hours after being sen-
tenced to a year’s probation, the doctor
was returning to his post as coordinator
of ambulatory services in the hospital’s
department of obstetrics and gynecolo-
gy. As he entered the hospital, a round
of applause erupted from a crowd of
staff members and friends. wELCOME
HOME DR. EDELIN, said the giant banner
they held. Edelin smiled. “I've still got
butterflies,” he said later, “but it makes
me feel good to be back at work.”

he warm welcome at Boston City
T Hospital underscored the wide-

spread support extended to Ed-
elin by doctors and laymen around the
nation. Most maintained that the Boston
verdict was a shocking miscarriage of
justice—possibly with racial overtones—
and there were doubts that it would af-
fect more than a fraction of the 900,000
or more abortions likely to be performed
this year in the United States. But the
conviction also gave fresh encourage-
ment to anti-abortion groups, who con-

tinue to lobby passionately in towt
cils, state legislatures and the h
Congress for a reversal of the’
ruling handed down by the Us
preme Court two years ago. And
no sudden shift in public policy §
likely, the Edelin case clearly f
attention on some of the complet
and medical questions skimmed @
the High Court’s decision: Whet
life begin? On what grounds maj
properly terminated? Does a fetus
rights? If so, do they conflict wit
mother’s right to “abortion on dem
In strict legal terms, Edelin’s cas
not about abortion at all. He was
guilty of manslaughter in the de
an aborted fetus which, removed
its mother’s body at the age of f
to 28 weeks, was considered by th
to have been “viable” as a human!
But such late-term abortions hat
ways been the most troublesome t
tors, and hospitals in Pittsburgh, D
and New York reacted to the
versy by limiting the period in §
they would perform such opetti
The Edelin case prompted New
“right-to-life” crusaders to seek ptt
tion in a similar second-trimestet |
tion performed in suburban Long If
As a result, doctors at the Nassau 00
Medical Center announced that,
would no longer perform abortions?
the twelfth week of pregnancy, @
to save the mother’s life. State law

oO News!

a
rw

7-30 -T6

FLIZENCE S.C.
MORNING NEWS

Execution:
An issue of
life, or death

State’s plans to kill Larry Bell
stir feelings on both sides

By PETER O'CONNELL
Staff Writer

COLUMBIA — Supporters and opponents of

capital punishment will be heard this week
as the state prepares to execute Larry Gene °

Bell.

Bell, 47, an electrician ©

p> Pee Dee residents from Gilbert, is sched- " P
on death row, 3A : ‘squled to be executed at 1°
’

“2 a.m. on Oct. 4° in

Fxecution totals: Columbia for the June °
Number of people exe: 1985 killing of two-

ctited following trials in girls in Richland and
local counties from Lexington counties.
August 1912 to the pre- His own attorney has

ot og: ‘ i * acknowledged further
Darlington : \4 1.6 is; appeals likely will —
Dillons beg atly S.C, Attorney General

‘Charlie Condon said

Marlboro “7, a
Clarendon -;4¢2r it: he expects appeal
ye

Chesterfield — ‘= after appeal over the
Williamsburg 1 next week,” and vows
Marion "1 5 his office will “vigor-

— S.C. Department.of ously oppose” all
Corrections’. “appeals.

The battle that will be
waged over Bell's execution can be seen as
the latest skirmish in the larger debate over
capital punishment. ue

This debate hasn’t raged all that fiercely
in South Carolina and other Sun Belt states,
said David Woodard, a professor of political
science at Clemson University.

“It has been kind of an accepted mentali-
ty that we should have the death penalty,”
Woodard said. -

About 50 members of the S.C. Coalition
to Abolish the Death Penalty hold a non-
denominational “service of repentance” on
the eve of each execution. Coalition
President Bruce Pearson said those attend-
ing typically adjourn to the governor's resi-
dence for a candlelight vigil.

Pearson acknowledges there is a political
consensus in South Carolina in favor of the
death penalty. He said this is an uninformed
consensus, however, and one that can be
altered through education.

State Rep. Hunter Limbaugh, R-Florence,
is familiar with the arguments against the
death penalty, such as that it does not act as

Florence priest fights for life

By PETER O'CONNELL

Statt Writer ‘ ‘ye a . :

FLORENCE — The death
enalty is not an abstract:
issue for Msgr. Thomas R.
|Duffy of St. Anthony’s
‘Catholic: Church::!. in
Florence. ll
* Joseph Carl Shaw chose
Duffy to witness his electro-.
_{eution in January 1985. He
_|saw the ritual.unfold, from
‘\the last meal and the shav-
ings Shaw’s:head and legs
to the actual execution. “44: °«
“It is a Cold; cold act; and it’s'a profession-
al killing,” Duffy said. o —

He said he will ask Gov. David Beasley to
commute the death sentence of Larry Gene
Bell, who is scheduled.to be executed at 1
a.m.on Oct. 4. 4... 9. Fe ;
Duffy said Shaw had earlier decided to
cease his appeals; He said Shaw was afflicted
with the knowledge that he had killed. Duffy:
met with Shaw and urged him to use this
knowledge as motivation ta fight the taking
of another life... 6 S's, ;
Shaw resumed his appeals battle. The
process continued another three to four
years, Duffy said." © i | ‘
On Jan. 11, 1985, J.C. Shaw became the
first person executed in South Carolina since
| 1962.

TERT EOE 9 Ua ETE ES Tow

a deterrent’ He remains unswayed, saying
deterrence is really not the issue.

“It (execution) is an appropriate punish-
ment for the most heinous crimes in a soci-
ety,” he said.

Florence Police Chief Ralph Porter said
those who commit the most terrible crimes
forfeit their right to ever rejoin society.

He can support a life sentence if the state
can unequivocally assure this will keep
these people in prison until they die. Absent
that guarantee, he supports the death penal-
ty. Referencing the Bible, Porter said this
position does not conflict with his Christian
beliefs.

WES €&

Larry Gene Bell is executed.

Friday, Oct. 4, 1996 |
By JOHN ALLARD, Staff Writer | 4

Larry Gene Bell was executed in South Carolina's electric chair early today for the 1985 murders
of two Midlands girls.

Bell received death sentences for kidnapping and murdering Debra May Helmick, 9, and Shari
Faye Smith, 17. ;

South Carolina's electric chair, called "Old Sparky," has been available for use since
Aug. 6, 1912. Here are some key facts: |

®@ Power for the electric chair is activated when an executioner pushes a button. The
chair operates on an automatic three-part cycle. The first five-second cycle sends
2,000 volts of electricity through intothe person's body. An It is followed by

aneight-second, 1,000-volt cycle follows. The final 250-volt cycle lasts for two
minutes.

Investigators think Bell, 47, sexually assaulted Helmick and Smith before he suffocated them by
Wrapping duct tape around their heads.

"He put us through days of hell. The Smith family forgives Bell. I can't," said Lexington County

Sheriff James Metts, recalling the weeks Bell taunted the victims' families and investigators after
the murders.

"In the eyes of many, justice will be done. He's the kind of guy society is better off without." Bell

took a vow of silence as he awaited his execution, said Daniel Westbrook, one of the condemned
man's attorneys.

“He has said he would enter a period of silence that hisheavenly Heavenly Father commanded him
to do," said Westbrook, who met Bell on Thursday at the Capital Punishment Facility at Broad

River Correctional institution. "He seemed to

mucn al peace witn tunings.”

Bell's attorneys tried to postpone the execution b Challenging his competence to be executed,
saying he couldn't rationally communicate with them.

Circuit Judge David Maring ruled last week that'Bell was competent to be executed even though
he was mentally ill and had delusions of being Jesus Christ.

Bell tuld doctors who examined him that he thought the electric chair, which he called the "true
blue oak," would allow him to ascend to God's throneafter was after he was put to death. He also
believed his spirit, like Jesus Christ's, would be resurrected upon his death.

His attorneys filed a last-minute appeal Thursday morning with the Fourth U.S. Circuit Court of
Appeals. That appeal was denied Thursday afternoon.

Bell abducted Smith, a musician and honor student, on May 31, 1985, while she checked the
mailbox at her parents' home off Platt Springs Road in Red Bank. She had just come home from a
pool party to celebrate her upcoming graduation from Lexington High School.

The next day, Bell killed Smith after holding her hostage for 12 hours. He raped her aftef tying her

to a bed with electrical cord.

Two weeks later, Bell abducted Helmick while she played with her 3-year-old brother in front of SQ

their home in northeast Richland County. He dragged Helmick, a straight-A student who taught
the alphabet to her younger sister, kicking and screaming into his car.

Bell tormented Smith's family in a series of eight telephone calls made after her abduction. He
said where he had lefteventually revealed where he had left her body off U.S. 378 in Saluda
County and also saidwhere he had dumped Helmick's body near Gilbert.

Eleventh Circuit Solicitor Donnie Myers, a veteran prosecutor, said it was one of the most
gruesome murder cases he has ever handled.

"It's a case that will always stick out in my mind," Myers said. "I'll never forget the chilling phone
calls and the degraded conditions of the bodies."

Investigators described Bell as a serial killer who had probably murdered other females before he
suffocated Helmick and Smith.

Bell was a suspect, but was never charged, in the 1984 disappearance of Sandee Elaine Cornett,
who lived in east Charlotte. Cornett was the girlfriend of one of Bell's co-workers at Eastern
Airlines in Charlotte.

Bell would be the fourth killer executed in South Carolina this year and the ninth overall since
1977, when state lawmakers restored capital punishment.

He would be the first killer to be strapped in the electric chair since 1991, when mass murderer
Donald "Pee Wee" Gaskins was electrocuted.

A bill Gov. David Beasley signed last year changed the state's preferred execution method from
electrocution to lethal injection. Inmates who were already on Death Row still can choose the
electric chair.

The four killers previously put to death in the past year all chose to die by lethal injection.

1O-2-96¢

THE State , CocumBiA, S.C.

i ea MIND GAMES

Larry Gene Bell never admitted his guilt
despite relentless questioning by investigators

Larry Gene Bell arrives at the Lexington County courthouse on July 9, 1985, for

Vow of silence

By JOHN ALLARD
Staff Writer

onvicted killer Larry Gene Bell

probably will go to his grave

without ever admitting he
murdered two Midlands girls.

Bell, 47, is playing a denial game
even as the state of South Carolina
prepares to execute him in the elec-
tric chair.

He is maintaining a vow of silence
as he awaits his death, scheduled for
1 a.m. Friday. Bell will not speak with
anyone, including his attorneys.

Bell recently told his attorneys he
did not kill Debra May Helmick, 9,
and Shari Faye Smith, 17, in 1985. In

fact, he claims they are still alive.

Bell, a Gilbert electrician, abducted
Helmick and Smith outside their
homes in northeast Richland County
and Red _ Bank, respectively.
Investigators think he sexually
assaulted both girls before suffocat-
ing them with duct tape. He kid-
napped and killed Helmick two weeks
after murdering Smith.

Investigators remain frustrated
that they never could close out their
investigation of the murders with a
confession.

Bell didn’t confess when Lexington
County Sheriff James Metts ques-
tioned him for hours in his office.

PLEASE SEE BELL PAGE AS

a bond hearing.

Smith

who wanted him to confess to murdering two girls.

The Smith,

‘Helmick

murders

@ May 31, 1985.
Bell kidnaps Shari
Faye Smith, 17, as
she checks the
mailbox by the long
driveway of her
parents’ home off
Platt Springs Road
in Red Bank.

@ June 1, 1985.
Bell kills Smith by
suffocating her.

M@ June 3, 1985.

Bell makes the first

of eight telephone
calls to Smith’s
family, offering
them false hope
that Smith is still
alive and that he
would surrender.
He eventually tells
the family that
Smith’s body is in
remote woods off
U.S. 378 in Saluda
County.

@ June 14, 1985.
Bell kidnaps Debra
May Helmick, 9,
from the front yard
of her parents’
rented mobile
home in northeast
Richland County.
He suffocates her
and leaves her
body in remote
woods near Gilbert.
Bell later tells the
Smith family in a
phone call where
Debra May's body
can be found.

@ June 27, 1985.
As he heads to
work, Bell is arrest-
ed by investigators
at a roadblock off
U.S. 378 near
Shull Island at
Lake Murray. He is
charged with the
murders of Helmick
and Smith.

SRR

not be found. She was declared legally
dead on September 16, 1982.

The second case took place on Decem-
ber 18, 1980. Beth Marie Hagen, 17,
disappeared in mid-day while walking
toward her home, located only a short
distance away from the apartment build-
ing where Denise Porch had vanished.

Her corpse was found in a wooded
area. She had been strangled with an
electric cord.

Investigators learned that Larry Gene
Bell had been to a party at the victim's
home a few days before she disappeared.
Lawmen said that he was a prime suspect
in the murder, but they were unable to
gather enough evidence to file a charge.

Investigators noted that Beth Marie
Hagen resembled Shari Smith closely
enough to have been her twin.

The third case took place on Novem-
ber 18, 1984. On a Sunday afternoon,
Sandee Cornett, a 26-year-old insurance
adjuster and part-time model, disap-
peared from her home. She had blue eyes
and long blonde hair. Larry Gene Bell
was known to have dated the missing
woman.

Following her abduction, investi-
gators learned that her bank card had
been used three times at branches outside

of Charlotte to withdraw $1,000 from her

account.
Police questioned Larry Gene Bell and
claimed he was a prime suspect in the

eS OUNNER STII ORME E TT SON ORD Pe Dial ald ial on ciel Sy

abduction. They were unable to locate
the missing woman and no charges were
filed against Bell. ; !

Bell again came to the attention of the
police in Charlotte when a woman report-
ed that her bank card had been stolen and
the thief used it to withdraw $700 from
her account. She said she had been dating
Larry Gene Bell and suspected him of the
theft of her bank card. Bell left Charlotte
and the police lost track of him.

When the NCIC report came in, in-
vestigators in Columbia contacted Char-
lotte police Major Larry McGraw, in
charge of the felony unit.

McGraw confirmed that Larry Bell
had been considered a prime suspect in
the cases there, but they had not been
able to develop'enough substantial evi-
dence, to file a charge against him. He
said that recently they had turned up
some evidence in the Denise Porch case
and had been looking for Bell to question
him again.

The Bureau of Motor Vehicle Regis-
trations turned up the next development
in the case. They found that a late model
Pontiac Grand Prix, silver-colored with
red racing stripes, and a license plate
with the letter ‘‘D’’ on it, was registered
to a Larry Gene Bell with a Columbia
address, Probers went to Solicitor Mey-
ers with a request for arrest and search
warrants naming Bell as a ‘suspect in
the abductions and slayings of Shari

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Smith and Debra Helmick.

Larry Gene Bell was taken into custo-
dy. Technicians began a search of his
home and car.

Investigators alleged that they found
the license plate issued for the Pontiac
Grand Prix with the letter ‘‘D’’ in the
trunk of the vehicle. It had been replaced
with a stolen plate. They also claimed
there was evidence that a sticker on the
rear bumper had recently been removed.

Technicians claimed that they located
blonde hair in Bell’s home and car that

were of similar texture and length as that:

of Shari Smith and Debra Helmick. They
also located a roll of adhesive duct tape
that was of the same width used to gag
and bind both of the victims.

Bell was placed in a police lineup. The
witness who had observed the abduction
of Debra Helmick picked Bell out as the
man he had seen.

The clerks at the store where the call
had been placed to the Smith family stat-
ed that Bell resembled the man they had
seen there.

Solicitor Meyers, who represented
both Lexington and Saluda Counties in
the 11th Judicial District, presented the
evidence gathered by the investigators in
the Shari Smith case to a Lexington
County grand jury.

Meyers informed the news media that
he intended to prosecute Bell separately
on the Smith and Helmick cases and
would seek the death penalty.

The Lexington County grand jury re-
turned with an indictment charging Bell
with first-degree kidnapping and first-de-
gree aggravated murder.

Bell appeared with a court-appointed
attorney before Magistrate James Doug-
las for a preliminary hearing.

Bell entered a not-guilty plea to the
charges that had been placed against him.

Meyers. presented a summary of the
evidence that had been given to the grand
jury. It included a statement from experts
that voice prints made from the tapes of
the calls placed to the Smith family and to
the sheriff's office, telling where Shari
Smith’s body could be found, had been
identified as Bell’s voice. .

He also introduced as evidence a re-
cord showing that Bell had undergone
psychiatric treatment in 1976 for a ‘‘life-
long pattern of sexual deviation, mani-
fested by aggressive attacks upon wom-
he lees

By law, however, he could not intro-
duce the evidence record of the attacks
that had resulted in the psychiatric treat-
ment, or that Bell had been considered a
prime suspect in the abductions and mur-
ders of three young women in Charlotte.

CEE

After hess rat
prosecutioi
Bell be he.
pending further |c
that he be given :
tion to determine
assisting in his cd
Meyers immed)
Jury in Saluda Co
dence against Be
and murder of De
The evidence \
sented to the juro
case, with the ad
who allegedly hac
Bell as the man hi
victim from the f1
The witness also
was identical to t!
ing driven away \
The grand jury
ments charging k
kidnapping and f
murder.

Bell was agair
in Lexington Co
hearing. Meyers |
he intended to pri
ton County, alt!
been kidnapped i
the body found i:
cause he intended t
had been&lain in !
ing held captive

Bell entered a 1

After hearing
dence agains
he be held
pending furtner ic

Following the c
ers told: reporters
prosecute Bell firs
kidnapping and m

Asked if the caus
been established
pathologists hadn't
ing, but stated aga
no difference, bec:
ication from a pe:
death of the perso:

He revealed fo:
when the caller con
ily after Shari’s bo
person said he had
ered the girl by put:
mouth.

“If that voice pri:
Bell’s voice, it alm
fession,’’ Meyers s

He added that, 1
come of the Smith c.
cute Bell in the He

He added that h
penalty in both cys
gruesome circumst«

ick.
taken Into custo-
a search of his

that they found
{ tor the Pontiac
tters“* Din. the
ad been replaced
ey also claimed
a sticker on the
been removed.
hat they located
‘me and car that

ind length as that:

i Helmick. They
lhesive duct tape
idth used to gag
cums.
volice lineup. The
ed the abduction
ed Bell out as the

re where the call
Smith family stat-
: man they had

..0 represented
ijuda Counties in
ct. presented the
e investigators in
tO a [gexington

news media that
te Bell separately
‘Imick cases and
penalty.

ty grand jury re-
ent charging Bell
ping and first-de-

1 court-appointed
trate James Doug-
earing,
ruilty plea to the
aced against him.
1 summary of the
: given to the grand
ement from experts
from the tapes of
Smith family and to
elling where Shari
e found, had been
ce,
as evidence a re-
ell had undergone
4. in 1976 for a ‘‘life-
| deviation, mani-
ttacks upon wom-

* could not intro-

d of the attacks
isychiatric treat-

| been considered a
bductions and mur-
omen in Charlotte.

sccarcpursiesieeeeteritnacatinanesn een

After hearing the statement from the
prosecution, Judge Douglas ordered that
Bell be held without privilege of bond,
pending further legal proceedings, and
that he be given a psychiatric examina-
tion to determine if he was capable of
assisting in his defense.

Meyers immediately called for a grand
jury in Saluda County to present the evi-
dence against Bell for the kidnapping
and murder of Debra May Helmick.

The evidence was similar to that pre-
sented to the jurors in the Shari Smith
case, with the addition of the witness
who allegedly had positively identified
Bell as the man he had seen snatch the
victim from the front yard of her home.
The witness also stated that Bell’s car
was identical to the one he had seen be-
ing driven away with Debra in it.

The grand jury returned with indict-
ments charging Bell with first-degree
kidnapping and first-degree aggravated
murder.

Bell was again taken before the court
in Lexington County for a preliminary
hearing. Meyers informed the court that
he intended to prosecute Bell in Lexing-
ton County, although the victim had
been kidnapped in Richland County and
the body found in Saluda County, be-
cause he intended to show that the victim
had been slain in Bell’s home while be-
ing held captive.

Bell entered a not-guilty plea.

After hearing a summary of the evi-
dence against Bell, the court ordered that
he be held without privilege of bond,
pending further legal proceedings.

Following thé court appearance, Mey-
ers told: reporters that he intended to
prosecute Bell first on the charges of
kidnapping and murdering Shari Smith.

Asked if the cause of Shari’s death had
been established, Meyers said that
pathologists hadn’t made a positive find-
ing, but stated again that it would make
no difference, because withholding med-
ication from a person, resulting in the
death of the person, is, by law, murder.

He revealed for the first time that
when the caller contacted the Smith fam-
ily after Shari’s body had been found, the
person said he had accidentally smoth-
ered the girl by putting duct tape over her
mouth.

‘If that voice print can be identified as
Bell’s voice, it almost amounts to a con-
fession,’’ Meyers said.

He added that, regardless of the out-
come of the Smith case, he would prose-
cute Bell in the Helmick case.

He added that he wanted the death
penalty in both cases *‘because of the
gruesome circumstances of the murders

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Front Page Detective 69

and the condition of the remains.

“I decided to go for the death penalty
when I saw the body of the Smith'girl,”’
Meyers said. **And when | saw the
Corpse of the Helmick girl. I was deter-
mined that whoever did a thing like that
to a child should pay for it with his life.”’

Detectives from Charlotte came to Co-
lumbia to confer with the investigators
who had worked on the Smith and Hel-
mick cases. They said they were hopeful
of finding more evidence against Bell,
who had been considered a prime suspect
in the Porch, Hagen and Cornett cases
there. and were considering filing
charges against Bell at the conclusion of
the trials in Columbia,

The Charlotte investigators said that,
in addition to the three Cases they were
investigating, there were two murders of
young women, both with blue eyes and
long blonde hair, in South Carolina in
Which Bell was also being considered a
suspect.

“We didn’t get the breaks they got
here.”* one of the detectives said. **We
couldnt come up with an eyeball witness
Who could place him with the Victims at

Me eas oa

Lach ROR pitt ae it pe a
2 a tha alk Bee a

the time they disappeared. All we had to
80 on was that all three took place in the
Sam@¢ area where Bell was living and he
was acquainted with each of the young
women.,”’
Psychiatrists from the state hospital

conducted a month-long examination of -

Bell while he was being held in the Cen-
tral Correctional Institution,

The examiners reported that they had
found Bell to be sane and mentally capa-
ble of assisting in his own defense, which
is a state law to determine whether a
defendant may be brought to trial.

The report stated that the examiners
had found that ‘Bell knew right from
wrong at the time he was accused of
having abducted and killed Shari Smith
and Debra Helmick,

The competency issue was the last the
Prosecutors had to face before bringing
Bell to trial on the charges of having
kidnapped and murdered Shari Smith.

Ata final preliminary hearing to certi-
fy that Bell was sane and capable to stand
trial, the 36-year-old electrician had his
hair cut shorter and his beard and mus-
tache neatly trimmed.

‘He appeared confident and smiling
when he informed the court that he
wished to enter a plea of innocence to the
charges and was ready to stand trial.

The court again ruled that Bell should
be held without privilege of bond, pend-
ing a trial to be held before Circuit Judge
John Hamilton Smith.

As Bell left the courtroom. he grinned
at the reporters who fired questions at
him. *‘Just say that lam innocent,”’ Bell
told them. ‘*I’m ready to go to trial. You
will all probably be there and you'll see
that we can prove it.’’

Asked how he intended to prove his
innocence, Bell placed a forefinger
against his lip in a gesture and said, *‘Si-
lence is golden.”’

Solicitor Meyers had no comment
when he left the courtroom, other than to
say that he was confident that he could
Obtain a conviction, and reiterated that he
would be satisfied with nothing less than

‘the death penalty.

Larry Gene Bell must be presumed in-
nocent of all the charges against him un-
less it can be proven otherwise in a court
of law. *

Slain Sweethearts

As tps flooded switchboards, public
demand for a quick arrest fell upon the
broad shoulders of lead Investigator
Steve Bolts. As a veteran lawman, Bolts
knew it was pointless to succumb to pub-
lic pressure, and the best way to proceed
With the investigation was in a logical,
methodical manner.

Valuable information had already
been revealed by the autopsies. Accord-
ing to the coroner, the advanced decom-
position indicated the victims had proba-
bly died the same day they failed to re-
turn to the campus. Cause of death was a
single small slug fired execution-style
into the back of the head of each victim,
Both slugs had been recovered and were
in good enough shape to identify the
weapon they were fired from.

The motive was apparently sexual.
Physical decomposition was too far ad-
vanced to take semen or sperm swabs,
according to the coroner, but the fact that
both victims were found naked, and Lola
lay on top, her thighs “cocked,” indicat-
ed rape. Lab technicians had combed the
area, but had been unable to find the
victims’ clothing or other physical evi-
dence that might aid in the identification
of the killer, :

Detectives began an exhaustive inves-

70 Front Page Detective

(from page 8)

tigation that included the questioning of
150 persons, most of them from the uni-
Versity..

The victims’ mail was read and back-
ground checks were run on names that
appeared in their personal directories.
Students who had dated Lola were also
questioned,

Detectives learned that the Victims
were extremely popular on and off camp-
us, with a wide circle of friends, They
found no one who -had any reason to
dislike them or wish them harm,

Bolts was not surprised. He believed,
as did others, the answer to the murders
would not be found on the tree-shaded
Campus, but back in the fir trees and deep
brush of Cuesta Ridge.

Ballistics had examined the slugs that
killed the victims and determined they
had been fired from a .25 caliber rifle, a
weapon favored by small game hunters
and target shooters,

Park rangers told detectives that, judg-
ing from the few number of cars in the
parking lot, there were only a few per-
sons on the ridge the day the campers
were shot.

Detectives had already questioned a
few, including one who remembered
Seeing a late model Volkswagon in the

lower lot and two people standing next to

it who matched the description of the
victims. No one had heard screams or
seen anything suspicious. The rangers
said Sunday had been quiet, and there
had been no reports of trouble,

As the investigation wore on, the de-
tectives wondered if the murders might
be drug-related. Sleuths learned that
Steven and Lola did not use drugs: Nev-
ertheless, a search of the crime scene
produced 10 healthy 6-foot marijuana
plants that were all ready for harvest-
ing.

The high-grade marijuana plants
would have produced several kilos of
premium pot worth about $2,000. It was
a logical assumption that the two hikers
had been murdered after inadvertently
stumbling upon the illegal crop.

Inv. Bolts could not rule out that possi-
bility. Yet, experience told him this was
not the case.

Marijuana farmers are, in general, a
nervous, high strung bunch who shoot
first and ask questions later, particularly
if they feel they are about to lose their
crop. But Steven and Lola did not die in a
shootout; they were executed after being
stripped.

The size of the murder weapon was
also all wrong. Drug merchants prefer
full automatics, like Uzis and Ingrahms,

or big caliber guns with plenty of stop-

ping power like .357 Magnums and .45

SORE

eRe

automatic

ers Vike .22 anc
were good for
not much else

It was more |
soned, that the
opportunity. an”
just happened
the wrong time

On June 3rd.
held for the si:
Purisma Churc!
Signor gazed th
glasses at the 40
into the church.
look into the he

‘*There is
death,’” said the
even further as h
on the cross: **}
they know not \

On June 6th
poc Record go
tives had a susp
called the sheri'
the press relat

“Ts it true?”

“T don’t kno
tips, but I don’t k:
the deputy rep
you.”’ &

An hour later
This time he sp:
The sheriff confi:
questioned
the murders
after serving si \
the ex-con had bx
On suspicion of 1
hitchhiker,

“Is he a suspex
to know.

**No,’’ the sh
thought so initial!:
and because we
other murder a da:
appeared. But we
connection.”’

He added that t!
the current time.
dozens of strong |
ly pursuing. He r:
leads were.

Investigators \
killers were fron
area and were tar
game hunting whe:
and Steven.

They had recei\
persons who had b
the day of the mu:
who had gone the;

One witness que
Kenneth Wayne (
junkyard worker tr

In February 1986, Larry Gene Bell
was found guilty of kidnapping and mur-
dering 17-year-old Shari Faye Smith of
Lexington, South Carolina, (FRONT
PAGE DETECTIVE, May, 1986, *‘Per-
vert Craved Blue-Eyed Blondes’’).

A Berkeley County Court jury de-
liberated a verdict for only 55 minutes
before returning to the courtroom and
submitting their decision. The defen-
dant displayed no emotion when the
verdict was read in the crowded court-
room, but as Bell was leaving the build-
ing, he said to reporters, **Silence is gol-
den, my friend.”’

Judge John Hamilton said that testi-

mony in the sentencing phase of the trial

would begin Tuesday morning, February
25th. The prosecution was seeking the
death penalty and that’s exactly what
Larry Gene Bell got—death in the elec-
tric chair—when the sentencing phase
ended on February 27th. Five witnesses
were presented during the proceeding.
An automatic appeal to the State Su-
preme Court was begun by Bell’s law-
yers after the death sentence was handed
down.

Shari Smith had been abducted from
in front of her family’s home on May 31,
1985. Her body was found five days later
in a wooded area of Saluda County. Offi-
cials had determined that she died of
either asphyxiation or from dehydration
from a diabetic condition.

After the verdict at Bell’s trial, Prose-
cutor Donnie Myers announced, “lve
said before that we’ ve never had a case as
unusual as this. I think Bell’s conduct in
court helped us. He has some behavior
problems, but he knows what he’s do-
ing.

Myers said he was surprised that the
jury returned a verdict so quickly, while
Defense Attorney Jack Swerling said he
was disappointed with the verdict.

‘‘We hoped the jury would find him
guilty but mentally ill, he said. **But I
believe in the system. I’ve never argued
with a jury verdict.”

Some of the highlights at Bell’s trial
included his removal from the courtroom
after he disrupted the proceedings three
times, once proposing to one of the vic-
tim’s relatives.

During the closing arguments that
centered on Bell’s mental condition,
Prosecutor Myers called the defendant a
‘*sadist’’ and said he should get an Acad-
emy Award for acting like he’s crazy.

54 Front Page Detective

But Swerling argued that his client had
psychotic episodes and, conceding that
Bell was probably guilty of kidnapping,
he urged the jury to return a guil-
ty-but-mentally ill verdict.

As Swerling was about to finish his
argument, Bell interrupted and said,
‘‘Judge Smith, today’s the Sabbath. Le-
gally and in the eyes of God, I should
take the stand.”’

Judge Smith admonished the defend-
ant to sit down. Bell did, but moments
later he again interrupted the proceed-
ings.

The jury was sent out and Smith
warned Bell that if he wasn’t quiet, he
would not be allowed to remain in the
courtroom. The defendant then mo-
tioned toward one of the victim’s rela-
tives and said, ‘‘In my hand no price I
bring, simply to the cross I cling. Legal-
ly, and in the eyes of the law, I want
to ask you to marry me.”’

After a 20-minute recess, the jury re-
turned and, immediately, Bell stood
up and said, ‘‘Mr. Smith, legally and in
the eyes of God, I’m tired, I’m cold and
I’m hungry.”’

Again the jury was sent out and Judge
Smith asked Bell if he would disrupt the
proceedings if he were allowed to re-
main.

‘*Yes, legally and in the eyes of
God—in due respect for both sides,”’
Bell responded. He was then escorted
out of the courtroom.

As the judge charged the jury later on,
Bell was returned to the courtroom. He
remained quiet but was seen looking at
the victim’s relative a number of times.

The judge told the jury they could find
Bell either guilty, innocent, guilty but
mentally ill or innocent by reason of in-
sanity. He added that the jury could also
return an involuntary manslaughter ver-
dict instead of a murder verdict.

Smith denied Swerling’s motions for a
mistrial and a competency exam for Bell,
calling the defendant’s actions ‘‘self-
serving.”’

Prosecutor Myers told the jurors earli-
er that the only time Bell had ever sought
psychiatric help was when he was in
trouble with the law. And, noting that an
anonymous caller had taunted the vic-
tim’s family in the days after the abduc-
tion, Myers asked, ‘‘was that out of
touch with reality when in reality it is
sadistic?’

He contended Bell knew what he was

en ae

Defendant Larry Gene Bell

doing at the time of the abduction and
said the verdict ‘‘should ring like a bell,
loud and clear. For whom the bell tolls,
again for Larry Gene Bell or finally for
Shari Faye Smith?’’ he asked.

Defense Counsellor Swerling count-
ered, ‘‘It seems to me the state-of South
Carolina is asking us to bury our heads in
the sand and go back to the 16th century
when people with mental problems were
treated like everybody else.’’

Referring to the phone calls, Swerling
said, ‘“We do know he made phone calls.
Those phone calls are weird. You tell me
if those are the calls of a man with a
rational mind or a man who has lost it?”’

He maintained that Bell was not in-
sane at the time of the crime and knew
right from wrong. But he said his mental
condition, which one defense witness
described as, ‘‘borderline psychotic,”’
made it-impossible for him to conform
his actions to the requirements of the
law. That’s the legal test for a verdict of
guilty but mentally ill.

During the nine-and-a-half days of tri-
al testimony, the prosecution presented
evidence that the slaying took place in
the home of a man who Bell had worked
for. Bell had been house sitting while the
man and his wife were on vacation.

Six prosecution witnesses identified
Bell as the voice on the tapes of the calls
which had taunted the victim’s family in
the days after Shari’s abduction.

Despite the fact that the defense used
medical experts to show that Bell was
psychotic, the prosecution called a psy-
chiatrist who testifed that Bell was diag-
nosed as a sadist who had a behavior
problem, not a mental illness. t

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THREE ONL

ell is s 3} eduled! to die at 1 a.m. Friday fee the 1985 murder of Shari Faye Smith. He was given a
bee Hes sentence for the murder of Debra May Helmick, which occurred two weeks after

ee eee to the electric chair as the “true blue oak.”

ti Monday’s appeal, Bell’s attorneys argued that their client was talkative, but that what he said to
his attorneys didn’t make sense. It could not help his defense, they argued.

Although Mr. Bell can indeed understand certain questions and be ‘talkative’ in response, the

wers that he provides to counsel are absolutely useless in assisting with his defense,” reads the
ef filed Monday.

or example, his attorneys recorded a rambling response to a simple question they had asked Bell
i an By reument with his mother.

TOR ra

‘it over here. It’s clean and So-called ee ag

Eight psychiatrists and psychologists testified at Bell’s competency hearing. Six of them “testified
that Bell was grossly incompetent,” the brief said. The other two didn’t offer an opinion on Bell’s
competency. | :

Because Bell’s execution is imminent, the attorneys have asked the Supreme Court to hear oral
arguments as soon as possible.

Wendy Warren covers the state judicial system. She can be reached at
771-8495 or by fax at 771-8430.

Be SAX
Cah bre hii
3 / e JO-(- 7G

smiling and laughing at jokes.

Bell nodded to Maring when correctional officers led him into the courtroom to hear Maring’s
decision. Maring then nodded back.

Bell did not react when Maring announced his decision. The 47-year-old Gilbert electrician
immediately focused on his upcoming execution.

"He asked us if his gateway ascension (to God's throne) will occur next Friday,” said John
Delgado, one of Bell's court-appointed attorneys. "We told him yes."

Preparing for death. Bell has selected Jack Swerling, one of his trial attorneys, as his witness
for the execution. He has instructed his attorneys to have his body cremated. He does not want a
memorial service unless his family requests one. |

He believes his body will be resurrected, as Jesus Christ's was, right after an executioner pushes
a button to switch on the electric chair. Bell chose to be strapped in the chair, which he calls "the
true blue oak," because he thinks it will be a gateway to God's throne.

9-28 -V%o

Bell plans to start a purification ritual today that will last until he is executed. He will fast, drinking
only "holy water." He will not speak with anyone, including his attorneys. When he is led to the +
electric chair, Bell believes God will close his eyes and keep them closed until Bell is executed. ( s

Bell received death sentences for the 1985 murders of Debra May Helmick, 9, and Shari Faye

Smith, 17. He kidnapped them outside their homes in Richland County and Lexington County,

respectively. v
)

Debra May's mother and paternal grandmother broke down in tears when Maring said he would
not postpone Bell's execution. They attended the entire competency hearing, traveling from their
homes in Barnwell and Wagener.

SQ
"The biggest thing is there will be closure to it," said Debra Helmick Lowe, who is scheduled to N
witness Bell's execution on her daughter's behalf. "I pray every night, and I prayed last night for ~_
the judge to make a reasonable decision and left it at that."

Smith's maternal uncle, Rick Cartrette, said he had been confident that Maring would not postpone
Bell's execution. He attended the hearing on behalf of Smith's parents and sister.

scheduled to witness Bell's execution on the Smith family's behalf. "The whole family is relieved

Ww
"I felt based on his background that the execution would go forward," said Cartrette, who is 3 f
this could finally be put to an end." af

©
|
After Maring ruled, 11th Circuit Solicitor Donnie Myers displayed photographs of the victims and wn
a pink carnation that he kept on his table during Bell's two murder trials. 5
"He's not a mad dog, he's a bad dog," Myers said. "Larry Gene is a killing machine. His name is at
horror."

Further appeals coming. Delgado and Stephen Morrison, Bell's other court-appointed attorney,
said they would appeal Maring's ruling to the state Supreme Court early next week.

The Supreme Court is not expected to overturn Maring's ruling because there was conflicting
testimony about how Bell's disorder affects his mental state.

-3-

U.S. appellate courts set a mental-competency standard for executions under a principle that has 4 4
been part of English common law for three centuries.

"This is one of the most ancient common-law rights," said David Bruck, a Columbia lawyer and
capital-punishment expert. "An insane person can't make his peace with God. And as a society,
we are not truly punishing someone who doesn't understand why he is being executed."

Bell would be the first killer electrocuted since Sept. 6, 1991, when mass murderer Donald "Pee
Wee" Gaskins was strapped in the electric chair.

A bill that Gov. David Beasley signed last year changed the state's preferred execution method
from electrocution to lethal injection, but killers who were already on Death Row still can choose
the electric chair. The four killers put to death in the past year all chose to die by lethal injection.

Bell would be the fourth killer executed in South Carolina this year and the ninth overall since
1977, when state lawmakers restored capital punishment.

Staff Writer Wendy Warren contributed to this story. John Allard covers
prison issues. He can be reached at 771-8358 or by fax at 771-8430.

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PLACE — CITY OR COUNTY DOE & MEANS

WiLram Auzp Orancepurc So.CIKoLiInA \ 4-2-/875

DOB OR AGE RACE £| OCCUPATION | RESIDENCE
44

J8 |B | LAGORER

RECORD

No PRIOR RECORD

DATE OTHER

~ MuRDER | _ W-22-74

METHOD

GUNSHOT

AGE RACE

vicTiM

Butler Goldson

MOTIV E

SYNOPSIS

Goldson suspected Auld of being on tatinrate teras with his wrkt and So

aid have thin for hin. Oo the fatal olay he picked a tight Witte Auld in the

Strett whtreupon Auld drew a pistel and Shot hint.

Auld was a freedman of Ir. WF Kirkland of Barnwel{ Courty.

TRIAL

APPEA Ls

LAST WORDS

SOURCE

FRANK NEWTON OFFICE BUPPLY-00THAN

BaDGR R.(or

fe { ROGLs), Brown, hanged Union
Nw UIT IW ari $ Fe r) >)
i 4

PEN Wee i

NEGRO'S SOUND LOGIC) =
~~" WHILE, FACING DEATE

Om the Gallows He Sayn Othera Set
Free oa “Self-Defenne” Ought

to Suffer Likewise.
Special to The State.

Union, Nov. 13.—Brown ‘Rodger was
hanged here at 12.05 today for the mur-
der of Rodger, Fant, son of D. B. Fant,
county ‘superintendent.-of education.
~ .The deed was committed on April & of
this year. Decensed “had two +more

ready, Shériff J. W. Sanders sad

trap. He walked upon the trap at 12
o'clock and five minutes were consumed
in Ueing “the knot. and reading the
death sentence. At 12.21 he was de-
Clared dead by Dr. J.\M. Lawson, the
‘county physiclan. Rodger was ‘visited
yesterday by Kev, #A. G. Wardlaw,
Rev. Croswell McGee ahd others. - He
| told them he waa ready: to £0. He.also
‘said if he wag hung all those who have,
| been’: let - oft on , self-defense: ought: to.
be-brought up’and: hung.—-— ts
~The ‘Jast: hanging. was just 15 years

‘hours to lve but he declared himseif q

there WBS no sign--of ‘feng ‘whatever |’.
about him and that Probably never ‘a}
braver man walked upon the death-

ago,.when~Bill Davis. paid! the ‘same |-
penalty for killing: a womany f°) ye! oy 1 bs

BADGER, Brown , hanged at Union, S. Ces on November 13, 1903.

"(Special Dispatch to the JOURNAL.) Union, S. C., Nov. 13, = Brown Badger was hanged
this morning at 11:55 o'dlock for the murder of Rodger Fant. Dr, John Lawson pro-
nounced him dead in sixteen minutes, His neck was broken and he died without a
struggles A short service was held by Reve C. McBee at 11 o'clock, After the
services were concluded Brown said: 'I am ready to die. I don't fear the least bit,
for I know I will be with my saviour in a short time, I don't want anybody to have
ang hard feeling toward me, for I am sorry for what I have done and I want everybody
to forgive me. Jesus has ‘forgiven my sins and I hope everybody else will, I want
everybody to take warning and not to drink whisky and run after bad women. For that
is what brought me to this sad fate.' When Sheriff Sanders read the death warrant
to him the sheriff was a little excited, and when he had finished Brown smiled and
said: 'Sheriff, don't be afraid; for I am not the least bit afraid.' Then the
sheriff said: 'Do you want to say anything to the crowd outside of the jail?!

He said he did, and walked to the window and shouted to the crowd: 'I want you all
to take warning. Don't go as I am going. Goodbye to all.' He walked to the gallows with-
out the assistance of any one and stepped on the trap and said: 'Well, I am ready,
sheriff, if you are.'" :

JOURNAL, Atlanta, Georgia, November 13, 1903 (1:5.)

"(Special Dispatch to the JOURNAL) Union, SC, Octe 7, 1903=Brown Rogers, the negro
who killed Roger Fant on April 5th last, has been sentenced to be hanged on Nov, 13th."
JOURNAL, Atlanta, Gaey .

rt.
<

‘

se aS Le Charlest
ee A aS

on, SG, 6-1-1899

THE XEWS AND COURIEE:

8 PAID

in SEE

“WANGING OF MURDERERS
: BAILEY 4XD PRELPA.
wre Pees ath So elm ; ao
Detch Men Mot Death Without a rrotest—
Just at the End, Hewever, they showed
that the Strain was Telling on their
Kervee—The Execution was Successful
frem a Professional Standpaint—The
Way the Men Spent their Last Heure—
Juct Before the Biack Cap wae Drawn
Phelps fang aud Spoke le a Cloar, Ring-
g Yelce—Prhysicians Said Death Cane
wet Both Men: Painlessaly—Incidents of
. the Day at the County Jalfl. ce
James Phelps, alles “Cartwright.” and
Bamuel Bailey, the murderera, were
hanged in the County Jail yard yesterday
morning. The trap fell at 31.16 o'clock,

“eut dawn. The execution was a success,
es such things be. There was no hitch
about it and the necks of both men were

“<< Droken, After the heavy welght dropped

and the men were shot high into the alr
they fell back again and writhed, as Jf
they were suffering untold agunies. The
attending physician announced, huwever,
that death must have been free from all
pain, as the negroan were unconscious
from the time the rope tightened on thelr
necks,

The execution war not of the spectacu-
Jar kind. Phelps und Hailey were per-
feotly unconcerned. When the handcuffs
were being put on they were quiet, and
after the death march started down the
_atairn and ¢he party atopped in a roum
on the first floor, the prisoners were quiet
while Capt Poulnot through the

wernt
¢csremoney of tying the ropes. After
Phetps was fastened his legs trembled

like a blade of wheat tn a gale, but it
Waa not noticed particulerly and other-
wise he rhowed no sign of hia feclings.
At the gailowa the murderern ntood toe
ether. Before the black cap wan ad-
uated and without any previous intima.
thon Phelps raised his head and his vaice

Boul.”"” His wo
tinct, and the notea were carried off ua
8f the man was singing quietly in a church
chole. At times Balley tried to join in
though his volce was wenk and he could
barely be heard. The song was finished.
Phelpa apoke a few worda und said ha
was willing to pay the penalties of hin
sins. - He warned his pevgle to take a

his talk waa finiahed he sang

“The Lord Ia my Bhepherd and 1 shall

Not Want.” His head dropped after this

and hia Mpe were closed forever. The

black cap waa alippad over his head and
the rope wan fastened carefully. Ralley
waa handled! next, He whieperad that he
had nothing to asy. Hila cap and rope
were fastened, and then the officers
moved back. There wan a moment of
healtatinn ahd allence and then a ecrenk
from the dark closet was heard, followed
_inetantly hy the falling of the wetght,
and the Munlerera were Htfted high froin
the earth, They came down again with a
thud. For several minuten the badlea
twilthed and twisted and moved about
Uneasily. This continued for several) min-
Utes, and finally the two hung Hmp and
Ufeena,

There was the usual amount of exclite-
ment about the hanging. Thursday night
amod of negroes assemble! around the
Jail, to be quickly disperaed by the police
The crowd came back yesterday morning.
though everything was kept quiet by the

Hee atationnd In and around the Jall

he doors were: clomal and the peraons
admitted had toa come In with th kets.
One man cama ta the door leading a boy
NA more than 10 veare of aga Hie asked
for ajmittance, “loam not anzious to see
the thing mynelf,) he eald. “but thin boy
fa a Uitrle devil and ft want to teach him
an lesson § If he can ere the hanging I
think he will atop killing people and Ine
Giana itn hie mind" The pate was turned
away.

REGINNING oF TILE END.
Phelpe and Halley siept soundly Thurs.
Gay night. They ate a hearty supper and
went tou slesp by VW o'clock, (9 wake again
at 83. The man on the death watch
aaid they acted quietiy. Father Kroft
called al the Jall carly and administered
the sacrament to Haliey. Hrrakfapt was

vo.

HE PENALTY OF CRIME, |

and twenty minutes later the bodies were |

and began’ singing, ‘Jesus, Lover of my |
s were clear and dise:

Jenson from hia experienca Then when;
the Wine, :

not had been standing to do the work Waa
moved and placed hind Halley, Vhe
cap went on and then the rope was drawn
and tented Like Phelps Halley nwayed
back and ferth, and he seemed as if he
was weak enough to fall, But he did
not. The ropes had alrendv been con.
nected .with the heavy weight swinging
in the clonet. Capt Martin and his asstat-
ants stepped back from the trea and
there war the atilincas of death for xn
instant, Then the noien came from {he
place where the man wppointed tu spring
the trigger wan enneenied and a second
later the ¢wo forms were rising skyward,
They stepped and then fell back heavily.
The ropes were strong and the weight of
each man was Janded squarely on his
neck, :
A HORRIBLE SPECTAC).E.

The men then went thpoueh a series of
Lherrdtle conturonn after falling ta the
lord of: the xf They ar jated and
turned and fo and seemed in ay ine
uegenicn, Raley shook his feat and unser

what power ‘effarte othe had left ty

break Joose. Hite right hand, which was
fasten@d at the wrirt, wis egtlended na;
if he was trying to shake tHe hand uf;
un imaginary person. His conturtions
Were more terrhie than thove of Phelps,
land at one UUme he twisted his body unul:
whe had made a great hump in hia back.
After a time, however, he wave up the
Ystrug@ele and wae etill Phelps appeared
to have suffered Jess The peuple who
saw the execution thought i( wae a cane i
of xtrangolation, for it dia nat logk as!
$f a neck war broken. When the bodilen
were tuken down, however, Dro Lebdby,
the Jail physician, satd that both necks
were broken. Dr Johnson Butst, who as-
ainted, expreansed (he opinion that the men ;
ada not euffer, as they Jest conaclounners
the moment the trap waa sprung.

The bodiea hung tn the sun for nearly,
half an hour. The apectators were unhered !
pout of the yard, and the physicians told
Sherif Martin that the tak had been
succesafully performed. They theught
the execution waa a success und said as
| much. Before the men had been cut
jdown someone clipped vx plece of the rape
which held the arme of Kalley, and after
that knives were brought into play and
Dita of rope were cut and carried off.

CUTTING THE RODS DOWN,

The phyaiclann asid that "BRalley was
dend and he waa lowered to the prouni.
‘A rough pine coffin, nent from the county |
store house hy Supervisor Cantwell, wis
brought tn and placed beneath the gal-
lows. The top was taken off, wad Baliey.
thed na he went to his death, wan lowered
dnto it. The Id wan put on and nolfled
down. Father Wraft stepped up to read
tha funeral services, Thin created little
or no tinterert. The vieitors went away
and the yard was nimost deserted before
ithe body of Phelps tonched the ground.
Ratley was aralyned ao resting place in
Potter’a Field. Pia burial waa at the
expense of the county.

Phetpa'n hady was claimed by his rele-
tIlven, It wae tuken awav for a funeral
and a burial, and Bis memory will be
kent saacred hy his family dexphte the way
of hin leaving the world. :

The prisoners in the Jail felt nwed vee
terday. > They rentized the terrible fate
fel apart for Phelps and Halley. Charles
{ Wileon, who wl probably have fa take
hie turn wf the gallows, was the most
frightens} man of wll. Ve was removed
to a Alfferent part of the buildin yeatere ;
day, an he would not have to stav about |
the murderers, In. his eleep Thursday!
nicht Wileon erted ant, “Great Gol! Yes, |
1 kUled the man. Ve looked Hke a half. i
wtarved antmal of a wild kind yesterday. |
and he felt grateful when he war re- |
moved from the vicinity of the hanging. |
<i -

FACE TO FACK WITH DEATH,
a
FPhetpe and Balley During the Last Hour
that they Lived—A Keporter’s Impres-
aton while Watching Them.

There ta vw horrible fuscinathon wbout ai
mah who jm going to de to de not seme
tImne, or in ten years, but tu-dsy, In a
few momenta, He and the greut mystery
he ts abuut to solve exercise a polgnt

apell over the imagination. You watch
Lim with awed curtuslty; you attempt to
put ypeoureelf in hin place; you pity hin
with an ineffable compaasion, whiet yots |
du nol week tu ecaphun of to analyze, The
crime fur which he in goflng to paty the |
final price muy have been muat heinous,
hia character the mort brutal, hin) pet-
sonality the moat repulsive, but when he
enters the presence of che great Dentroy-
ter he pute off the shackles of hin mortal |

mene ee -

‘tion of what he was saying.

‘but while it

hoon wOMEe Months ago.

/ Kun were fetched into play, and Duncan

T eituation,

éare and deliberation. -The next moment
he was puting them on with noticable
haste alley, In the meantime, leaned
againet the aide of hin cell Latening At-
tentively to the words Father Kraft waa
easing to him. He did not alter hie at-
tude until called out to hear the death.
warrant: The men atood aide by nliie
white that document wae rend: Each tn
hin turn nodded nervourly several Umes
when the renditiz ou over. Durtng the
match to (he gaiiows thelr atep was firm.

Bailey's face wae « blank, bul that same
horrible conturtien of the mouth of
Phelps was alill cbscrve Pte. When they
marched under the crossbeam nnd freed
the enet the glaring sun blinded them.
They blinked their eyes painfully and
more than one attendant stepped forward ,
with an umbrella. ce :

Then came the hymn sung by Pheipa.
With no word of warning he threw hir
head bn@k and fred his valew to utter!
the words (that have wounded over gu
many open’ reaver. “Jesus, Lover of my
Foul. The tone were full and clear and
etrong and echoed out over the city. It
wana welrd aceng, and the excitement
arqueed in the spectators Bas Intense.
Ap the condemned man sink on it was
apparent that he had no just. apprecta-
Words were
mispronounced and. others were Intro-
duée@ that have no place in the hymn.
He cared not for auch detalles. There
wha A promise womewhere In It of peace
and rest and forgiveness. When Raltles's
hurn came to sing the terror of death had
at jaxt reached him. Hiw parched throat
would no longer do his bidding. The
words of his hymn came in choked gasps
and whisperr. Ten feet awny you could
not distinguie#h a syllable he was utter
ing.

Thackeray has described too graphical-
ly what {t ts to see a man hanged for
Anyone else ever to attempt more than
passing comment upon a similar incident,
ix given fo few peracns to
be xble to express their foelings as Thack-
aray could express his, he must have been
a thoughtless and hard-hearted peraqan
who witnessed the tragedy enacted In the
County Jail yard yeaterday morning with
entire equanimity. Bo long aa the world
in what {it Is and men are what they ure |
it will doubtless remain necexsary. If not
right, to enforce the Muozate law. Rut the
brute hax to be very atrong in the human
belng who can sew even a murderer killed

without bhelng worry for him.
—- <i - oa
TWO KRRUTAL CRIMES.
- - <e----

The Murders for which Bailey and Phelps
Paid the Penalty with thelr Lives Yeu-
terday,

Bulley, who died yenterday, was a de-
Hberate murderer. He deserved his fate.
Ve came from the section of Ten-mile
HU where murderera ure born every
minute. When reform swept over that
place he got a grapevine. message to quill,
and he ald move down to about the Ash-
ley Junetlon. He had the reputation of
heeping people in terror, Batley was
hanged for hiling a negro named Danean.
A gang of gumblern were playiog skin

around the Junceon une Sundav after-
During the play
there was a dispute about the ownesehip
of a pot worth fve or ten cents Before
the matter could be devided by 2 referee

and Bailey sxcultted and fought for a big

werpon londest with shot te KI duck.
The mea held the gun between them.
Notther would surrender, end it was nip

and tuck with each struggling and strive
ing to wKuin the weapon, “Now you git
up dis gun.” sald Hulley, “an' Po will gib
you de money.” That was all that Oun-
can wanted. He surrendered his hold on
the weapon and waa prepared (to jake the
‘pot. But Bailey was then master of the
Taking the gun he ran back
eight paces gnd levelled {t squarely at
Duncan, “DH gid you three minutes ter
live,’ he eaid. The negroea in the party
could not interfere, for they were warned
back. Duncan got on his knees and
prayed for the mercy that he did not
expect. Balley tn the meantime held the
gun. An Dunesna prayed he counted the
minutes, and then a loud report startled
the wir, Duncan fet) Sead. Quick as a
fweoh Rafley turned and run, but he went
at ma trot and kept the weapon ready to

shoot the other gamblers. He reached
the awamp and wan Jost. :
Word of the murder reached Ten-mile

Hill and Judge Green organised a posse
to run down the murderer. The next

NOT

ARUM™M
Py

The Ma
of Tal
AnytY
Purps
Anot}
A rus

reflectin.

ern Ra
uf Char
nature

Courter

Went te

porter |

of @ pr
the cir
ishear,

type, 6

Bee ROM

that Js

was (hi
ing dow
front ts

Southe.

Bouth ¢
The e

heen (¢

Waa to

Pectath

neas di

Anothe,

mirtic |

to be
replace
ilar cr
fantam
tention
rain }
nforme

Report

front,

porter,
with o
“Oh,
Jonded
rheds
elevate
know
houses .
the el-
heing
new 3
piled
now ¢
corna
One a:
erpon)
We

thing
douestine
to Inj
All
Repor
eough
anoth.
ing a
Colun
“flee
Emer
hin ac
te the
Ther
aseur
unfor
mech

n ITy OR COUNTY DOE & MEANS

“Jesse BARBER ‘Winnsgoro So, CasoLwa | 2-/0-/882

DOB OR AGE RACE | OCCUPAT 1ON 8 CaS i PR RILORN ce

B farm HAND | WinwsBoRO SC

RECORD

CRIME a DATE OTHER

MURDER 7-31-f881

RACE

METHOD

GUNSHOT

VICTIM

Mack PERRY

MOTIVE

JEALOUSY

SYNOPSIS

Bory Victim Ano hiuéR Were Hanns On THE JETER PLANTATION NEAR

WinvsBoko. THEY QUARRELED Over A Woman, BARBER Never DEnren

The ki,hlwe Bur Mantaivep Thar The farat, Gun Wenr O66 Accipeniny.

Perry Was Sai To BE BARBERS STEPFATHER.

“_duky Comraiseo OF Ten Wires Anp Tivo Bracks. Déypeesten 15 MINUTES.

APPEALS

LAST WORDS

SA OW Scar tony Thar Fath, Gun Went OfE By Accwenr.

EXECU TION

Royrme Ano UNeveNTFuL

SOURCE

ATHANTA CONSTITUTION W14/82 Face / For Letays OF Crime + Trias. [ssue OF

PRANK NEWTON OFFICE SUPPLY-~DOTHAN

AJU/8A Pace | for Cowtramarion OF Execution Finsowng A SURPRISE
meaty DAY STAY.

as leason. If he can see the nangn
think he will etop killing people and

jane in hla mind.”

away.

_° BEGINNING OF THE END.
Phelpe and Halley slept aoundly Thurs-
@ay night. They ate a hearty suppec and
went to aleep by li o'clock, to wake ugain
at &.30. The man on the death wateh
said they acted quietly Father kraft
called at. the Jail early and administered
the sacrament to Halley. Hreakfusal war
perved and the condemned men peemed
ta enjoy the meal. After enting Phelps
roi a cigarette and amoked, blowing
the amoke above his head to make it
form into rings, He watched theee Ata-
appear and then puffed again. The man

The pair was turned

pang continually. dlailey, acrons the way
fn another cell, Wan More we He xat
with his head on hie handa. 14 Inter on

Aressed himeelf tn the clothes uned for

his execution and his funeral.

SANG CONTINUOUBLY.

~ Until the arrival of the colored minta-
ters at 10 oclock Phelps aat in his cell
and sang. His voice was clear and the
tone showed that he Was 8u cool a8 B-
aible, with no fear of his approaching
fate. The alnging wae heard by the peo-
ple in the street. When the ministers ar-
rived Phelps xtood by the Larg and lIis-
— tened to the words of Godly counsel and
spiritual) advice. He raid he was willing
to go. He was aatisned, for he felt (hat
God would tuke him in after he had paid
for hin ains. The miniaters talked and
then there wan a spell of xinging after
which the three knelt In 1 da Father
Kraft arrived about this Ume, and went
to the oppostte side of the room to the
cage occupied by Halley. He talked there
‘while the ministera were with Phelps,
Shortly after 10 o'clock every prepara-
thon had been made for the execution,
Bherif Marin personally inapected the
xallowxz and the ropes, and anw that
thingn were ah they should be, By 10.36
o'clock the ministers announced that thelr
work had been finfehed. Vhelps, who
wore a pair of dark trousers and a blue
fiannel shirt, wan handed #« pair of tan
phoes to complete hls tollet. He brushed
the shoes carefully and put them on.
Then he walked out to be handcuffed,
Bailey stepped out at the same time, He
war dressed in black and wore a white
shirt. and clean atanding cellar, When
the handcuffs were fastened the men
stunt together, Capt Martin, Solfettor
Jervey, Cajt Graddick and the reporters
were present when the death warrant was
detox read The prisenera were asked if
they hod anything to say, and they sad
they did not. ‘They thanked the sheriff
and the jate)er and the mintstera for the
kind trea:ment extended, and the mitin-
lere In tury offered thanks to Capt Mar.
tin, Phelps ieft his books and bin papers,
and hie cicarettes io his cell, The word
was Kiven te march. Capt Martin went
out first with Mr Jervey; the reportert

Yoliowed, and then the prisoners came
aiong With ihe guard. On the third Moor
the womer:: prisoners peered Aut t6 see
the marsh te death. Down-stalre the par-
atepped in the weet room of the Jail.

he handouts were removed and Capt

Poulnot began the task of fastentig the
arms ord ae Of the men, The ropes
were thet exsiy. The werk took four or
five minus When ft wae finished the
Tine Gf march Was resumed by the west
side of the Jail and the party stopped
for We wecoud tine under the gatiows,
The sun “4s pouring dewn tn the faces
of the condembued men Batley stood next
to the Migazine street side. with Pheips
op Nie right

PHELPS UNDER THE GALLOWS, >

watching the xruescme eter Mises be

he to sing. Tits Weres cathe Qaltniy.
te vulce was loud amd clear UT Whrhoile the
pearer Waters Fell, weme fre his Npe

freely, and the other Ines of the hymn
were ushered out with a Joyful sound,
Jt was a hard matter for Vasey to ring

for it seemed a8 if the stlusthern Was
choking him. Sul he mathew d to Ret
out the words in w lew, shahing tune.
The wl dage ended we gittekKiy andoas
abruptly as it had started.

ee “Gentlemen,” cried Phedprr. Aw every
_ head was raised as if pricked by ar ciec.
tric wire, “J um perfectly wii “

re lirg mow
bE art the penalty uf iny sins. f Yearpee

: truet that this may De wo deeson to
ou all. Whiskey and bad company ated
urs combined to throw me down,
o what {ft hae brovaht me.

ra fa my BRepherd and

and there Wus a sick-
features, The necro
ie tte, he looked almost

ack cap was adjust-
laced about his neck
fof a moment and then
chair in which Capt Poul-

‘In:

~aeeews ont coe oe

oem om pret ee - 8
apell over the imagination. You watch
him with awed curiosity, you attempt 10 |

put yeureel( in his place; yuu
with an ineffable compassion,
lo not week ty explain or to analyze. ‘She
crime for which be ja golng to pay the
Nnal price may have been most heinous,
hia character the moet brutal, hin per-
sonality the moet repulsive, but when he
enters the ‘presence of che creat Destroys
er he pute off the wtia kiee of hia mortal
velf and becomes an object in the face
of which men's mouths are agape ahd
their worda come ino whispers. It de a
tribute to the terror inapired by the Un-
known. The myatery of ft all rushes
full flood upon the consctourness, You
‘ere tn the actual presence of that at
which you have often wbuddered In. the
atlent watches of tha night In. your
inerriest moods you have caught your
breath we you remembered there was come
ing a time, an heur, moment when
you may aay, This in the end... Youu
know all the while that it ts silently,
surely, inevitably,
you put it away from you whenever }0Uu
can. But with this fellow here, this man
with the drawn face, the rolling eyes, the
clinched handa, the nerves that plunge,
the sinets that knot and relax by turns—-

thia man with the parched Ips and the
ashy face, Jt ta nq longer O question of
the future, but the present. de las
croesed the span of thme; another siride
will place him on the further shore, You
know you will sume day stand where:
he stands, not to die the iynominious
death he in to dle, perhaps, but fucing

the same mystery he tw facing.

You marvel that he wtands there Ko
comporediy, even though his foul beuts
a horrid tattoo on the jail fleor, and even
though the moist Nogers clinch aud ¢wlie
themxelves about every object they touch,
Wi} does he not ery out, rend bie cluth-
Ing and contend against the tron ttrvat
holdw him to his fate? Your mind fairly
riots In fancies of which he ts the central
fixure. Did the shaduw of the Raunt
thing eut there in the jath yard ever fall
athbwart the path of the happy, mMeontt-
nent plecaninuy, who played dn the stn
shine of inany suinmers age? What hive
been his hepes and ospiratieis, the bape
dneaa Hid sorrow that rmiarked tas life?
Vhat vain regrets, those most territle of
the mines spectres, assan him even now?
Many a oghostiv ceil-tetlow he has tract
no Qeubt since he knew that le must te,
The murdered mau With Ris blow std
upon him, has been there to meck at him
throvgh the bares jostle bir in his
corner, to keep tim in’ fevered wahe ful.
ness, when he wed have elept, leaving
hing ne pte) of beep ar reost. If Vou Have
AMV pimamieatiors at all Wot sthoudel Keep
RWAY from the man who is nbonit tu
cit.

ves

porter fur The News abd Courter followed

every act and word of Murderers Phelps
Had a duttteg the dest hose that oney
Vivedts amit he sees Qhetr faeus said when
he clones hiss eye: Poor the murt pert
they dfaplayed creat ter. As he mang
under the gallows the ov tee of Phelpe
Wun clear etd strarg tea there was oa
Jor ko about the face vi the man that made
your Mesh creep Ato ube fast omiecment
Jiafiey’s knees fairy sinete tami r The
fearfis! nerves tenstom toh at the oid
even tpeen these plibeatiuach creature:
Dresspie whee have seen motiy ren abe

wil sell veu that negcroes frequentiy dis:

While the witresses srocd wil epeneves |

poay fren courage om the talhews dt ts
not because thes are braver ihan other
men, Dub becuse thes Taek umaktnathe tt

For the same reason they scttomr or never

uty him
awhich you y

creeping upon yeu, bul.

~ Gver atthe Couaty Jail yesterday a Ree

expect, mmaniry
gun. As Duncadd pra
minutes, and then a loud report atartiad
the alr. Punean fell Jena. Quick ar &
fiarh Balley turned and ran, but he went
at w trot and kept the weapon reacsy to
shoot the other gamblers.” He reached
‘the awamp and wan lost. --

Word of the murder reached Ten-mile
Hill and Judge Green organized a posee
to run down” the murderer. The next
| morning Ratley, Was located in a summer
houre near Tenemile- Hill. The porse aur
rounded the place and called on the man
to surrender. but he refused and sald ‘he
would dle before being taken alive. While
the posse wan holding & councl) of War
near by Railey raised a white handker-

BIB VEST Seeceweewever~ ~~

yed he counted the

chief and called out that he give
in. He was tuken to Jail and civen the
trial which ended in his sentence and
execution. Picea e sik ;

The murder for which Phelps paid the
penalty Ix familinr. toa the publig mind.
‘Hundreds of peonle tn Charteston knew
Pollceman J. J. Rean, # faithful officer.
[Jie was a good man and went abnut his
‘dutles without trving to hit every bodv
who came along. He was doing his work
when killed up King atreet by the mob
of which Phelps war the leader. Farts
in the mlcht Rean had driven the negrace
uway. Thev got drunk and cnme hack
later to ficht. U they wanted murder
they won out. for poor Kean was ahot
‘down und killed tn his tracke while he
wasn guarding the city and tis peaple,
1 Few murders caused more excitement in

{
|

Charleston, While the murderer wan at
the Station Honse olf Mr Bain, the
father of the dead pollceman. called at

; the place with a shotgun and made fran-
tle efforts to res nh the necro, lle was
“half wild wlth grtef, and he would have
thet the newra with na Hetle healtatlonr
ag he would have killed a anake. Mr Bean
had Qoubts xhout the law. We did not
think he coubl get futtes, for te knew
that the eallons in the Jail yuo had not
worked for seven yeers, and wil he
could not berin ta eunnt the murders
committed fn the City of Charleston. He
was persuanted, however, 9 Tet the mat-
ter go on. and the reanlt was that Phelps
had to die. Wie partners tn crime came
near geing the same way he has gone,
though they escaped with Jong terma In
the State Penitentlary. The brothers of
the murdered policeman were at the Jal:
yesterd when Thelpa wan banged.

al ie wae ena ee

awe ee ee

SEVEN HUNG 4T ONCE.

— >. ----

A Georgia Man Recalls @ Famous Execu-
tion In hie State that was Attended by
Ten Thousand People. -

“Talking about morhid curiosity, why
there Is no camptaint jo be muaie about
the people of Charteston, They have not
shown any morbid curtosity at all dn
connection With that ttle Nanging over
In the Jail yard this morning.” said a tall,
dali-hended gentleman with aw culaway
coat and soft felt hat, who hailed from
QGeorgla.

“to remember once there Was @ big
stringing up over about Mount Vernon in

}

my State. There were seven people in-
Vited 10 places on the platform. They
were all helf-bread Indians. from. up

pNorth Carolina way, and they had bru-

a4 hidden wwav avout their farm. Yhe
caae was a particularly bad ene and at-

fetl to eat bem rttiv atidd steege sounelty ge ft tracted right smart attention, The boys
thie day ot thelr decom draws near, Thevw bo were only dissuaded from polishi:s. Off
teach the ; tial heur wata well strung Dene half- breeds theme-rlves by aA Very nar:
hetves, w heteas ano imaginative oman! row margin, Anyhow, when the time for
weuld hive wern hie uerves ta shreds y tne dy nehing rolled around everybody whe
Jute. beesere the s\Uprene Germnamed Was wax antbady wanted ta be present and
mate Upem then Prvtel VWiltegate creat. laee the thing done first rate ‘The hang-
ures, such as Bhedpa cud Badex fie tut | fg Was publie, and iC lonked a< if there
anew. Matty another Meet Wedd trave heed) mansst Yave heen ten thousand pervgue
as urend Vines im the place of either | there TD pledge you my word that farm-
of them ; ere drove fifty miles through the coun:

It Was a terriite Sight fe wateb them] try to see tt and most of then: bro ukht
in Cheap cedie ae the Dear elrew ‘ear Dhes | then wives and children with them, some
Were Very et fave for iter si wit | of them were suo much afrakd that cles
end very weil fe naved bit titted chinas , might miss it that they arrived on the
ahowesd What they were epobirina Aw gtoumd two dave ahead and camped out
oBherf® Martin ard bis arsistanrs outer j The night before the hang.ng the woods
the cell te tea) the adel Woartact Pied ef @Dout Che place deahed am af twee army
Was fer! wit the ebedteed otros cents ms } corps had taken Posnesston of them. Cam)
ted Math A Kok thatom Dieter chan! fires Dlated on every hand. and here and
1 Hits face Vaid becom tgetiatead tf come Lthere come of the more thoughtful of the
Brosecd amish that tone When the offtpers | Calipers Whee Jind Peres tt bem os fieitle
taine gm heodid teot ewen tart te jen aban a bared, Organrge Ao eounicv dane
them. tut great beada of perspe tation | ane et wpe Datady jlisks stl ninhe. The
broke out over Dis forehead and tan doen) gallows was erected In a sort fo a hol-
his eheeha cn streams, When be paused lew ond by sun-ap the rpeetaters tinc
Sn tad mttacic teak metithe Woes paafeiiw ! Cakem up posittans, ated sat there im
drawn to one side it an expression that) bretling etn ualth midday, When the mur
Yoaad omer keer ry three be fiers, Yor ehen | derers were swung off There was a heey

Shenff Martian asked timo of be was ready

he sepifed that he wae aN A Veto that
WAX quiet ind natural Dbde picked up oa
pair of stees that had een miven him

and pollahed and dusted them wlih much

of banking cantecthed with the «fair, bi
J there waa na excltement. ff turned ou
fda he dust an ordinary old-fashioned hang
ing und all the travellers left in dis
gust.” :

tt
Cc

ane weenie Se ee

tally murdered two old white folks for al
fot of maney they Were supposed to have |

—_
digs

BY-79

’ THE NEW!

WAITING TO BE HANGED.

WITH PHELPSAND RATLEYIN THE
_ COUNTY JAIL YESTEKDA Y.
a
Both Wen Prefess te be Perfectly Re-
signed and Eeady to Die—They Ate and
Siept and Showed Few Outward Signs
eof Fear—The Tragedy that is to Take
Pisce Te-day has Made a Frofound
Impression Upon the Other One Hun-
dred and Thirty-five Prisoners in the
Building—-The Execution will Take
Piace Between the Hours of 10 and 3%
To-day.
. & Very black boy, with a brown cap sit-
ting carelessly on the left aide of his
head, pranced about the Jail yard and
poured a stream of water from & rubber
pipe on the banks of dust beneath the
Now and then he gtanced up at

gallows,
\ the tall structure of death, The stream

ot high to the cross beam and splut-
tered off, and the hot run coming down
caused a steam to rixe, and then the
trap was dry again, Out from the gal-
lows the boy shot the water beyond
rope, and jet it fall on & half parched
patch of beans. from which the two
men in the cells up-stairs had been fed,
The vines lifted themselves When the re-
freshing water wns received, and the dust
by the gallows was Jaid. From the cell
up on the top story of the Jail the boy

in the yard heard the singing and pray-
ing of the two condemned men an they
accepted the consolation of God, while the
Italian in the xireet war dashing off the
strains of "Fireak the Newa to other.”
The atrainas drified into the room where
the ministers were yotfidiy: pt ge ald,
and for a moment Phelps held his car (o-
ward the window to catch the music from
the etreet. The boy left his tuxk by the
allows: the mipistern walked = slowly
own the staire and went Into the street,
and the unhappy men whuse time of life
will end this morning. sat down in
tbought and miscry. And then in the af-
ternoon a woken drove quietly ta the door
of the atrong building and a cheap coffin
was Sifted out and put inside, It was the
resting boa for Bailey, the man who has
no people here to bury him, Laat night
when the prisoners In the Jail had talked
themacives to sleep the man on the doath
watch stood in the hall and kept his exes
gived,on the celia in which the murdor-
ern were aleeping, Jt was not a quiet
night, for the gravlty of the situation was
del felt, and the murderers tosred about
in thelr sleep and dreamed and Ansed

From one corner of hia cell Phelps yea-
terday cvuld Jook down into the yard and
almost ace an edge of his guilows, Tin
heard men shoving about and arovnd It
as the final test was being tnade. sy
hope the (thing will ga wo without a
hitch,” he waa heard to nay, for the
man has a jerfect terruc of having jo
go through the ordeal more than the
one time required. He will not be Hane
pointed. The trap will work ike @ ciuck,
and when the epring ts touched the pair
of murderera will be Jerked high into the
air before they dangia from the ropes ihe
trout from « fisherman's line.

Phelps and Halley were up with the ann
Yesteruay., They aat about the lew cells
ané sang, and when the ministers came
in they fist. ned attentively to the words
epoken. Father Kraft, who har been
maki peace for Halley, epent a while wt
the Tull and (wo colored minimiers prayed
with Phelps. After they Jeft Jial'ey tr ad-
ed hia dungeon like a caged Hon, Phelps
gat down and »muked, and then let, hin
head fall in his hands, and remained tn
that position unti) called up when repor-
tern entered the place.

Magazine xirret was more or seas cruwd-
ed with negrocea yeaterday morning There
were men and women and children, ana
they aff seemed anxious to get as rear
to the Jall deur as popaibie, Wagons
rotied alung and plane by the door. The
vegetable vendera from all perin of the
ety hurried to Magaaine atreet feeling
eis fe A great buancea was al hated When
the patrol wagen came down from thea
Btation Housa, bringing w hegre inan,

among others, who wore epauietion and a
- Bayonet, the h element tn Yhe eireet
aol ie breath, thinking that some xrent

wmiehtw nereonagca d. arrived, But

of Phelps and Balley, “Don't talk about
that, boss.” wald Wilson, and the boy
Inokéd as if. he would drop when he was

gaked 1f he wanted to go Gowy in the

yard this morning to see what a real
hanging was like.
a :
NOTHING NEW YESTERDAY.
rd
The Sanitary Inspectors are at Work and
are Kupected to do thelr Duty Rigidly. —
No advices from the yellow fever experts
at Hampton, Virginia, were received here
by the board of health yesterday, The
ground was thoroughly and correcUy cove
ered in the preng dispatches, and these

were encouraging in a way to the health
authorities in Charleston. Notice of the
Quarantine ngainst. Hamsion has already
been acattered broadcart id the ftail-
rouds wifl work with th ‘alth? people
for the general protection the public.
Ap stuted yerterdny, all ships eoming to
this port from Norfolk, Newport News
and Old Point Comfort will be Ktopped at
quarantine until Dr Lebby, the quaranting
officer, can make a careful inspection of
them. od
The extra sanitary inspectors appointed
{or the city have gone to work, and they,
with the old utaff, are eapected to keep an
exngle eye on ull nulsxances and bad places
in the city. A «reat rexponaibility rests
with the inspectors, and the board has
announced that it will see to the examin-
Ing work being done in w thorough and
ayatematic manner.
MR BT JOHN TALKS OF THE FEVER,

The editor of The Newan and Courier
Jast night received the following clapatch
from Mr W. B. Christian:

“Mr Bt John, vice president of the Bea-
board Air Ijne, directa me to nay te you
that a rumor has come to him that
Charleston has quarantined against
Portsmouth. He saya he cannot fur @
moment credit xuch a rumor, an it secms
utterly absurd, from the antisfactory
standpoint of the present situation, In an
interview to-day giyen ont to the prose
Mr &t John mld” ‘l see no cause for
special anxiety. ‘On the other hand
are many reasong for pies hae, hn pres:
ent troubles will continue to conlined
to the small territory withine which they
originated, To my mind there Iw pot the
wighteat occasion for alarm, Norfotk,
Portemouth, Herkeley, OQvean View, Vir-
ginia Beach and the territory connected
therewith to the prement Umechave pro-
duced not one «ingle case, and | believe
are not Hhely to. Norfolk and Portse
mouth are In the hands of the ctty ove
ernment», which command the respect of
the peuple, and the gentlemen In charge
know weil how to act In emargenciea,
On the other hand, Burgeon General Wye
man at Washington da looking after tha
wittation at the Boldfera’ Jiome, Phoebus
and Hampton, and there ta no question
about him atslity to cope with troubles of
thie kind, and that he will confiba the
Alsease ta thowe Jogalitien Is the bellel
of all who krow the roan and wppres
cate hin wonderful nt Htles” Mr St John
fr of the opinion that radical mewaurea
pre utterly unwarranted from ot} polnia
of View by the atatua of the eltuntion
here, which ta improving daily, and In
better to-day than if has been mt all,

Meanwhile there hae not been w hint of a.

case In either Norfolk oor Portemouth,
and Dr Mope, the quarantine officer, L4-
day gives every aesurance of hie confi-

@cnce to handle the altunation.”® ;

ee ao wrens
WON BY THK AUNTERA, .
a

AY¥riendly bot Kaciting Rifle Match at

the Ranges Veatorday Afternonn,.
There wan vn friendly tifle match be-
tween teams of eight men from the Ger
man Artillery and Sumter Quarda at the
Drigude rife range yesterday, Fach team
fired fen shots over ite own range and
ten eheota over the panme of ita opponent,
Wiitle the ehooting was not an good An
the teuma generally do, the contest waa
clone throughout, the Bumters winning by
the narrow margin of two polnte, There

will be a ceturn mateh next Thuraday.

SIU MTEH GUARDS.

Bee ......44646464 423 4
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Foster ....,.48 0364432323 4 6
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Nichardeon . 33 66.3 48 BHA
4234644464 6 b-T7
Bmith..... 64464583344
Cue , e448 2 2 8 46.2. Ba 7

~ ROWDYISM 3

SE eh

LIEUCT MceMANUB
4 “FOUR Ws
—_— ss
Cases Being Dace
Accused of Creati:
Cenpolidated Com)
the Seashore Cars-
fees that the Law
Kaforced Agaiaot
. Private Barrett Co:
After a thorough
of Chief W. A. Boy
Liput McManus dis:
disorderly conduct a
and Jetting Frank De
of five dollars on a }:
merman Davis, Mayo
ten the following let:

Charleston, B.
cept W. A. Boyle,
Your report of the «
nelly and John Mur
Mchdanun’a report |
It seems that Lieut
aware of the gravity
mitted by thase men.
his lenient treatmen

You will lease
oMficere 10 ald in ent
ordinances of the ¢
relating to 4runkenn
‘peblic places, The
rustained Jn their e¢
lawlessness, and au:
Gisplayed by Private
casion referred to at
Respectfully, Z

It Ja a source of ;
frienda of Ijaut Mc»
wan willing to wu:
recommendation. to !
were extenuating cl
ense, Lieut McMuan:
untray as to the m:
turbance, and theref
be lenient in the m:

Private Barrett wx
ed for the munner
under trying clreum
letterm as that of (%

ollveman's life wit

Trsually the yg weed
good men and recels
of condemnation thar
Tat one of them +
almost apy condition
the man -arreated
about the offierr. an
many peuple who u
the ahurne. A letter
oficial in a high p
knowleduying the go:
trolman ie a source
omcer himae!! and
man Barrett has eg:

Liew MeManua, of
Wa error of Judgmer
Uahed In The News
day, haa now rtart
matter eA much uA
fn to Inveatipate ¢?
and the result wax
warrants for four 1
Jervey Yesterday on
to Murphy and Pon:
in Dis vffidawit char
Wm OConner, two
no charges had been
man HRarrett. The
four men tn the af
Manua ja drunk and
Wil most probably }
if witnesses can
moned in time. Th
witnesses In the ca
matter of a ilitle «1
if any Alliigence In

We the tase iam ne
squarely on ite mer!
tu drop Jt, for the na
ata quickly preg
‘perve an encouragen
jto commit other dir
tlon would be caat .
the pollee Aepart:
charged In the aff
Manua are guilty th:
onghly established
the future and the
gullly of the cond
ahold be vindicate:
children of (harle-
further Inesulte of th
aMdavit of IAeut »d

In regard to fur
the wharf Chief, Bo

was like a wild bu

vegetable venders from all paria of the
city hurrted to Magazine atreet feeling
as if a great buainess was at hand When
the patrol wagon came down [ram tha
Btation Howse, bringing a negre man.
among athers, who wore-epauicties and a
bevonet, the rough element tn the atreet
held tis breath, thinking that some great
and mighty permonnge had arrived. Rut
the man war an ordinury creature and
wae going in fur bein eo unromantl:
that he had whipped hin wife :

“DT will be giad when thia thing Is over,’
said Capt Graddick, the jaller, an he
pickef up a bunch of keym and bel the
way ta the condemned cella, “for i) seems
ae if a great rexponribliity was abe
on me. The Jail, as you a: im Tides
with prisoners, theugh the Moet concern
jm cedeed over Phelps and Halley. Ut ta

DO pieawant tark, this thing of prepar-
ing for a hanging, and | will frel that
A A fe Hfted from me when bo ie aver.
FEventhing has been properly eed and
the execution will come off witheut the
least hitch.’

The callows han been bullt on the enst
aide of the Jail It standa out Ike the
grim thing of death thu: it in A «aah
of sinte colored paint has been da bbe
on it. The trap ia (wenty-fouf feet high
and more than half as wide. The men
will not be placed on nx platform std ul-
Jewed to drop, but they will stand on the
Kround and a heavy welghe will ee} anid
jerk them high tnto the air. The plan In
Very simple and brings better results than
the old pyetem av lous in vogue, On the
side of the gallowa there jz a little closet
arrangement, and alx feet from the earth
@ pile hammer welghing one thousand
pounds is suspended. The negroes wsdl
Btand on the greund and the ropes atound
thelr necks will be connected with the
hammer. When the trap Ja aprung and
jJuat the touching of w Jever tee al), the
weight will drop with a mighty force and
the murderers will fy into the atr, They
will drop agsin to within two feet of the
ground,

Rheriff Murtin will observe the law tn
the matter-of allowing people to waten
the execution, so only a Iimited num-
ber will be allowed admittance. Tickets
Will be needed at the Jail door, A squad
of policemen will be stationed around the
bufiding and the morhid crowde wll) be
driven back. Mr George W. Williams.
chairman of the advisury board of the
Jenkins Orphanage. gave notice yesterday
that no persons would be allowed on the
Upper plasena or in the butlding while
the execution ts on. There hun been a
terrific rush for standing room at. the
Orphanage and offers of two dollarn for
standing room have been freely made.
These have Deen property refused, how-
ever, The building cannot be used for
Brand stand purpeses and during the

ing from the Kalluws cannot be seen from
the Orphanage as a curtain will be put up
to hide the trap fram the Jever closet,
and thie will cut of the view from the
Orphanage. From the roof and upper
wincows of the Roper Hospital there will
be a plain view of the hanging, and seve
eral other ports in the neighbourhood wiil
Allow free visten,

The exact time for the trap to eprine
har not been announced, theugh the sen-
tence of the Court fixed dt between the
hours of 10 A. Mo ound 2 FM. Father
Kraft und ghe negro ministers will eull
at the Jail early this morning for the
farewe)l services, Father Kraft hak’ re-
quested Capt Graddick not te give Builey
Dreakfnet until the sacrament Yriaw Loereezy
administered. The nel preparations wil!
be made and everything wel be tn read.
iness when the order $e piven ta tImareh to
the gallows. After the bovis ntre cut
Gown the county agtherities will trhe
charge of Bailey's bods ital che Murda)
will at the Potters’ Bieid The burtal
will be at the expresise of the COMBLY
and the coffin wan xent te the fail yes.
ferday. Phelps’a people wii toke hin ree
twnalna. Phelps hae a wile urd twy chil-

. @ren, and during hie wetus ty Jas} they

have called frequenily to xe hin. bites
a> to be alf alone. My teenight the
J crowd will settle dian tu ite ald rou.
tine and Im a Nitle while the excire-
ment of the hanging will have worn

_away.

The man In the Jail most frightena

a esterday was Charley Wilson, whi ix

na held for the murder of Geifrry,

the soldier. He was Jocked In a crll yeu:
terday and he could look down from hi's

of the gutlows, He
A ae ey SANS a Re.
stopped y ceili and talked with
Ison’s teeth chattered and he ap-

ow op the oe 4

. to be o e with fear. Jin
Sore cigerettd from the Reporter ani

tt with more of leas relish, Tne

Amreno hed « wild look t his face,
kha -hé. was vistbiy mov we the Re-
es rd ey wetetad. Of8: + the orue
a tt RoGirey,. Rid -eeming fate
ave aA pee PY. npg den aa hee ean Ii
En ag iJ oe
‘y Net Bey ~# ‘hi, ,

BUMTER GULVARDA,
Wee ww we ee 6 OOOO OE 4
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Foster. .....-¢4h 03664633 44
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Richardaon tn 46@46232 483 8
4234644 64 @h- 7
Amitt. oo ww &o 4 4h 6 HF 33 66
$ 3144352343 3-7
Mnave.. .w 5 443 6 443 64
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MeceTureous.. .3 42234443232 643
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Hlencken, 44444645 48323 .
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Worthen .. ..333045 45 42
82444403 @€ 4 6&

PULL, ok See ions’ 0 Rea Wet w ee eee eee 030
——
WRKANEBEL'SAUCCESSOR,
— oe -

Mr W. C. Lowe, the New General &ecre-
dary ofthe ¥.M.C.A., will Arrive inthe
City Toeday,

Mr Wm ©. Lowe, the new general atc-
Tetaty of the Charleston Young Men's
(hristhiy Axsoctation, will arrive in the
city this morning at 1 o'clock over the
Southern Rathway from Atlanta. Repre-

sentatives: from the board of Managers
and members will be at the depot to
Weloome Mr Lowe, .
Teemorrow evening, from &30 to 10
Wioseck, ut the Association buliding, an
Informal weleome will be tendered Mr
Lowe, and all members and friends of
the Assoctation are Invital too eall und
meet the new general secretary, amd thus
heeure him of a hearty weleome to the
ehty. Mr Lowe will be very busy for the
Next few days, geing over the detal!s of
the lneal work with Ex-Secretury Knebel,
Wn deaven Rere some time next week
tocenter upon the diuttos of hin new poal-

on Ss 8 . ae ° °
morning the children at the Grphangge it 1. State Secretary Lewis te alee in the

WIL be Kept dm the open yard Aan mat. |
ter of fact, hawever, the negroes awing- '

CHY. completing arrangements with the
chairman of the State executive commit.
tee preparatery to turning over his work
to his successor
Mr Chas Dnsahaw, the new physien) dal
rector, will arrive here about August 15
Creneral Secretary Towe's family wi)!

PNot Accumpany him, but arrive here about

October,

State Secretary Knebel, in speaking of
the outlook for the fall and winter's work
In (harkeston, spoke very encouragingly
und predicted that next January would
tee the largest membership the Aasociae
tion has had in seara. He woe particularly
Qestroux that members and cit'zens gen.
erally should co-operate heartily with the
Two new overs who nre toa step into
their positions in a few days.

FICKETS TO VHILADELPHL,
- <a. oe
Cheap Rates to the Grand Army Encamp-
went Have Reen Made by the Atlantic

Comat Line,

The Atiantie Coast Line has announced
that on aeeuunt of Ahe Natlonal Exne ump.
meet of the Grand Army of the Repub-
ite, to be held this’ fall in Philadelphia,
Veo round trip excursten Uekets will be
Sid tu that city for one fare, $18 70. These
Ticks te Will Ue cm sole Reptermter J to 38,
Winited for return ta September 18, ine
Clusive An extenslon of the Nal MWenit

meV leo be secured by depeeting the |}

TelUPh Portion of the ticket with the Jolt
Hee at Phitadetplita, and the troveller
Mid then remain in the « Hy uth) Sepreme
ber BA fee of pire Cents be wine Tee
Qulred for the eaxtenslon of the tleket
The low rate of fare ty Phitiadelpnia
Wi! ne outer be oa preciated by many
whe Gesire to po § erth for the tine
Eve I meet Mbernt and every dutuce-
Ment ef eEpecd aad comfort fs KuUaranteed,
Mhe excurstontsts im thts IMStanee wall
Det be herded into Cheap excursion trains,
AS is often the case when a partloularty
low Tate obtains te ertatn Poinis, but
Wil travel in the beat carn of the Hens

ata: 2. and with regular express ached-
en, - :

co Che, Kerik Madea St. S48 Swe ig eT ee 8

oughly as
the fintur
guilty of
ah 11.4 he
children
further fr
aMdarvit
In rega
the whar
depurtme
resalon
alms or
it te bey
CAROCH ORe
in Mount
the. Isle
Unwe thei
ed at the
the police
in, and c.
and pueh
jaw. Ife
Toulter, ‘|
the Isle
a telephor
would get
if the als
sida the
sent In,
orderly o
to keep {1
Be attenc
tntention
the ladle
departme:
in every

A POLI

A Negro '
Fire Ye
OU, wit
Pollcem

reacued +

burned t

11.45 and

while per

reported
follows:
At the
a colored
atreet, &
smoothin;
ries {ts ov
na charcoc
prererve
the fire |!
the wom:
a litte
poured an
the case >
been in u
ing to th.
hersef on
and agon
lives noa
the time,
to the we
By this
finmes.
the finme
was PO de
was calle
to the ¢
Policem:
burned ab
will hard
Guyana.
/ ATT

The Hot \
to the P
by the ¢
Dance,
The hot

riding on

Every cw

crow ded,

fur the C

Kod crow
Ville perf,
rene Cor
was given

The «yr.
Park uni
furowell 3
night the
will be a
ternoon a
night ent.
The Cons
first-class
and the t

Mr A.
fuolluwing
Texas suf
J. Adger
Kraft, for
letter of
amount ¢t
“The amo
In little «
their sym;
ity.”’

The State. Columbia Sc

AG ssaturpay, SEPTEMBER 28, 1996

Larry Gene Bell legal chronology

Bell received his first death sentence in February 1986 for
kidnapping and murdering Shari Faye Smith, 17. He received a
second death sentence in March 1987 for abducting and killing
Debra May Helmick,9.. :

@ Feb. 23, 1986: A Berkeley County jury finds Bell guilty of kidnapping and
murder in the death of Shari Faye Smith.
@ Feb. 27, 1986: Jurors decide Bell should be executed for Smith’s murder.
= March 3, 1986: Bell files initial appeal of death sentence in Smith case.
@ March 27, 1987: A Pickens County jury finds Bell guilty of kidnapping and
murder in the killing of Debra May Helmick.
# April 2, 1987: Jurors decide Bell should be executed for Helmick’s murder.
@ April 10,,1987:_Bell files initial appeal of death sentence in Helmick case.
@ Aug. 24, 1987: The S.C. Supreme Court denies Bell's appeal in its initial
mandatory review of the death sentence in the Smith case.
@ Dec. 4, 1987: The U.S. Supreme Court refuses to review the initial appeal in
the Smith case. :
™ March 4, 1988: Bell files second appeal in the Smith case. The request for
post-conviction relief alleges that his attorneys didn’t adequately represent him
at trial. te: Tae ee eli ved bees cae
™ Feb. 26, 1990: The S.C. ‘Supreme Court denies Bell's appeal in its initial
Mandatory review of the'death sentence in the Helmick case. . )
@ Oct. 1, 1990: The U.S. Supreme Court refuses to consider Bell's initial appeal
of the death. sentence in the Helmick case. ni

-™ Oct. 31, 1990: Bell files a second appeal of the death sentence in the
Helmick Case, seeking post-conviction relief. That appeal remains pending.
@ Aug. 22, 1991: Circuit Judge Walter Bristow denies Bell’s second appeal of
the Srnith case death sentence. |
# Nov. 6, 1992: The S.C. Supreme Court refuses to review the second Smith
case appeal. : eS : |
@ April 5, 1993: The U.S. Supreme Court refuses to review the second Smith
Case appeal. oa ep ian
@ Aug. 2, 1993: Bell files his third and final appeal in the Smith case. He
requests a habeas corpus writ, saying he is improperly imprisoned.
= Sept. 30, 1994: U.S. District Judge Henry Herlong denies Bell’s habeas

‘ corpus request in the Smith GASB ie Shite eek A? ec |
™ Dec. 18, 1995: The 4th U.S: Circuit Court of Appeals denies Bell’s habeas
corpus request in the Smith case.
‘June 17, 1996: The U.S: Supreme

corpus request in the Smith case. Baie 7
: @ Sept. 6: The S.C. Supreme Court orders Bell to be executed since he has
exhausted his appeals. The order is read to Bell in his Death Row cell.
a Sept. 10: Bell's attorneys move to postpone the execution by requesting a
mental-competency hearing, Claiming’ that Bell is not competent to be
executed. | ee aa I a | ae : |
@ Sept. 27: Circuit Judge David Maring rules that Bell is mentally competent and
allows the state to proceed with Bell’s execution. x | |
# Oct. 4: Bell is scheduled to be put‘to death in the electric chair at 1. a.m: He
chose not to die by lethal injection, the: state’s preferred execution method.

Court refuses to consider Bell’s habeas

a ae eee

A8 THURSDAY, OCTOBER 3, 1996

VICTIM.

CONTINUED FROM PAGE A1

1984 murder: of a Charlotte

woman. ;
Lowe chose to witness Bell’s
execution on‘her daughter’s
behalf. Was ,
“I just feel like I need to be
. there to satisfy myself,” Lowe said.
“Every day, something goes on
that makes me think of Debra.” ©

Helmick’s younger sister,
Becky, now 17, said she became a -
supporter of capital punishment -

after the murder.

Becky Helmick never will forget

her sister’s funeral, which was

postponed a day so that it would

not occur on Becky’s birthday.

“The'funeral was filled with’
‘hundreds of people that I didn’t
, even know,” Becky Helmick said.’

'“I remember wondering if one of

the men there could have been the

one who had taken my life, my joy,

‘my only sister.” :

_ Debra May Helmick had seen

news reports on TV about Smith’s

abduction and feared it might hap-

‘ pen to her, said her paternal

grandmother, Ann Helmick, of
Wagener. ,

Ann Helmick said she’s still

haunted by the loss of her grand- |

daughter.

and love for her family.

“T’ll be with my father now, so
please, please don’t worry! Just
remember my witty personality &
great special times we all shared
together,” Smith said in the two- .
page handwritten testament.

“Please don’t ever let this ruin
your lives. Just keep living one day
at a time for Jesus.”

In the book “Mindhunter,” John
Douglas, a former FBI agent,
described Smith's letter as “proba-

bly the greatest and most moving

testament of courage, faith and

. Character I have seen in my 25

years in law enforcement.”

-’ Douglas: helped develop a psy-

chological profile of Bell that

helped lead to his arrest.
Smith’s family relied.on their
faith during the ordeal. Jordan

‘played the piano and helped lead
the family and other people at the

_ “It’s an awful bad thing for a

person to feel hate. I could peel’

him (Bell) inch by inch,”

over for him. I feel like I will geta

burden off of me on Friday.” » —
Bell also emotionally damaged

Smith’s family, said her maternal

uncle, Rick Cartrette. He will wit-

ness Bell’s execution on behalf. of
Smith’s parents, Bob and Hilda

Smith, and her sister, Dawn Smith,

Jordan.

“They don’t need the night-
mares all over again. Every time
we hear Bell’s name, we think of
Shari,” Cartrette said. “The torture
of knowing that he had Shari was
something you never forget.”

Two hours before she was mur-
dered, Smith persuaded Bell to let
her write a last testament. The
Statement reflects Smith’s faith

Yeates * ;
she said. : said, he has asked Bob Smith to

“It won’t be over for us until it’s -

Smith home in singing spiritual
songs. .

“It was a situation where you
can’t believe these things are hap-
pening,” Cartrette said. “But Bob,
Hilda and Dawn have forgiven
Larry Gene Bell.”

Bob Smith continued to serve as
a chaplain at the Lexington County
jail after his daughter was mur-
dered, said Lexington County
Sheriff James Metts.

He said Bob Smith also coun-
sels other parents whose children
have been slain.

On several occasions, Metts

accompany him when he has had
to inform parents that their chil-
dren were slain.

“Working with the Smith family
was an incredible experience,”
Metts said. “Seeing their tremen-
dous religious faith was stimulat-

-ing to me.”

’ Lowe also has forgiven Bell.
“I came to the realization I
needed to forgive him to make

myself right with God,” Lowe said.

“But the execution won’t stop me
from wondering what Debra would
be doing now.”

Families are Bell's victims

: Lo SS of children ia, (net she'll be taken care of”: Supreme Court to delay the execu-
soa Se ete Al goss’ Lowe hopes the execution of * tion. © ‘Dee es

. her daughter’s killer will help ease On June 14, 1985, Bell abducted

A emains pai Cee Lat ayca * _ + ,Helmick while she played outside

sg j ” Larry Gene Bell, a 47-year-old her parents’ rented mobile home

(pe BY JOHN Ae gt} Gilbert electrician, is scheduléd to in northeast Richland County. He
ee "J }: be put to death in the electric chair _ later killed her. Ae
. rl ie at-1 a.m. Friday for the 1985 mur- ' Two weeks before, Bell had
. The first thing Debra Helmick *: ders of Lowe’s daughter, Debra © killed Smith after kidnapping her
Lowe sees each morning is a-large,, May Helmick, and Shari Faye » while she checked her parents’
doll that belonged to her g-year-) Smith, 170% * “y= mailbox off Platt Springs Road in
_ old daughter. CR SMEG ae The.S.C. Supreme Court on Red Bank.
-¢ Lowe keeps the doll in the bed- | “Wednesday. refused to review a .,., Investigators believe Bell sexu-
room of her Barnwell home so she! state judge’s ruling that Bell is: ally assaulted Helmick and Smith
can maintain her bond: with the | competent to be executed despite © before suffocating them by wrap-
_child she never had,a chance-to;- his serious mental illness and ping duct tape around their heads.
_say goodbyeto. . kt ie ee a ‘beliefs that he is Jesus Christ and. They consider him to be a cunning
= “It’s a comfort ae ,-It’s, not ; receives commands from God. ~ _ serial killer. He was the main sus-
. like having her with;me,,but it’s; . - Bell’s attorneys are expected” pect, but was never charged, in the
the next best thing,” Lowe said» today to ask the 4th U.S. Circuit as Phe Gana ub eoee
Wednesday. + still, pray ‘at night | Court of Appeals and the U.S. PLEASE Sef VICTIMS pace AS
i ie it Retry * deta sibs th ee RB, BESS nef
| THE STATE to = 3~FO
COLUMBIA, SC.

The Post and Courier, Thursday, October 3, 1996- aha keller

Bell case leaves a trail of infamy

M@ EXECUTION SET FRIDAY: He
was convicted of the June 1985
murders of 17-year-old Shari
Faye Smith and 9-year-old
Debra Helmick: ~~

Associated Press

LEXINGTON — One of South Carolina’s
most infamous murder cases is to end Fri-
day with the scheduled execution of Larry
Gene Bell in the electric chair.

Bell, 47, calls himself the Son of God.
But to Solicitor Donnie Myers, the prose-
cutor who convicted him of murdering
two girls, “Bell is the epitome of evil, the
soul of sadism and the Hannibal Lecter of
South Carolina.”

He was convicted of the June 1985 mur-
ders of 17-year-old Shari Faye Smith and
9-year-old Debra Helmick. He never has
publicly admitted the killings and recently

told his lawyers the girls were still alive -

— though investigators found both bodies.
The former electrician from Gilbert

‘kidnapped Shari from her Lexington

County home near Red Bank. He took De.

bra two weeks later from her home in.

northeast Richland County. Investigators
Say he raped Shari and may have raped
Debra before suffocating them with duct
tape.

A television movie, “Nightmare in Co-

lumbia County,” was made about authori-
ties’ attempt to catch him. Bell was ar-
rested 13 days after Debra’s kidnapping
and after he had taunted Shari’s family
numerous times by phone.

The state Supreme Court on Wednesday
rejected a last-ditch attempt by Bell’s
lawyers to stop the execution. Bell’s law-
yers argued in their appeal that their cli-
ent is too mentally ill to be. exe cuted. A
circuit judge rejected that argument last
week.

During his recent competency hearing,

Bell's lawyers and mental health experts
- testified that he claims to be Jesus Christ.
They said he claimed magical powers,

and he chose to die in
the electric chair in-
stead of by lethal in-
jection because the
chair is made of “true
blue oak,” the same
material of Christ’s
cross.

Bell told them God
will keep him from
feeling any pain by re-
moving his soul as the
executioner throws the

Bell
switch.

A prison social worker said other Death
Row inmates have wanted to kill Bell be-
cause he smears feces on his cell wall and
himself, screams for days and refuses to
flush his toilet.

Bell planned a “purification” ritual lead-
ing to his execution during which he would

fast, drink only “holy water” and not
speak to anyone, his lawyers said.

Before killing Shari, Bell made her
write a will, which he mailed to her par-
ents. At first, he made phone calls de-
manding ransom. Then during the three
weeks before he was caught, Bell phoned
her family several times to describe how
he killed her, prosecutors said.

Debra’s body. was too decomposed when
it was found to tell whether she had been
raped, Myers said. :

Though he has not admitted the killings
in court or when questioned by investiga-
tors, Bell said during one call to Shari’s
family that he would kill their other
daughter, Dawn, as well. Dawn Smith
went on to become Miss South Carolina in
1986.

In 1992, an unidentified South Carolina
man told police that Bell showed him two’
bodies in a rural Cherokee County well in

See BELL, Page 4-B

——..

OD BONUS-LENGTH FEATURE!

THE PERVERT

WHO TERRORIZED

THE SOUTH!

Sharl Smith, 17, was kidnapped, her
body found bound and gagged. Killer
wanted reward money, which was $25,000

by L.J. ROI

Special Investigator for
OFFICIAL DETECTIVE STORIES

F ec DAWNED bright and

steamy, a scorcher even by the
liberal standards of central South
Carolina. By noon, the temperature
stood well over 90 degrees. If business
people in nearby Columbia, sweltering
inside tight collars and knotted ties, re-

32 Official Detective

sented the ferocious start of summer, the
senior class at Lexington High School
could not have enjoyed the weather more
if they had ordered it. A long-awaited
splash party, one of the last important
social events before graduation, was slat-
ed for that afternoon in a house along
Platt Spring Road.

Among the dozens of good-looking
youngsters who turned out for the party
by the pool was blonde-haired, blue-eyed
Shari Smith. The 17-year-old beauty was
something of a celebrity at Lexington
High, where she had been voted the witti-
est student and was a soloist with the jazz
band. On Sunday, when graduation day
finally rolled around, it was Shari who
was scheduled to sing the National An-
them.

The party, helped more than a little bit
by the unseasonable weather, was the hit
that everyone had expected it to be. But
by several minutes before 3:00 on that
sweltering Friday afternoon of May 31,
1985, with the thermometer topping the
century mark, it was time for Shari Smith
to go. The pretty teen stepped into a pair
of white shorts, tugged a yellow pullover
over her bathing-suit top and then walked
barefoot to her car with her boyfriend.

‘See you tonight,’’ the young man
would remember telling Shari. *‘What
time do you want me to pick you up?”’

‘*Any time after seven-thirty,’’ the girl
replied.

Shari Smith steered her 1978 Chevro-
let Chevette to ward her parents’ place in
Red Bank, the Columbia suburb where
she had been raised. Just a few feet inside
the 70-yard driveway, she stopped to
check the mailbox, then sat down on a
post at the side of the road.

Next to be abducted and slain was Debra
Helmick, taken from her yard in broad
daylight. Her body was found in woods

Not long after that, Shari’s father no-
ticed the car in the drive. Although the
driver’s door was open, there was no
sign of Shari. Puzzled, he walked down
the long drive to investigate.

To his surprise, the engine had been
left running. His daughter was nowhere
to be seen, but her purse—which con-
tained the medication she needed to keep
a rare form of diabetes under con-
trol—lay on the front seat. Shari’s father
stared down the road at the open fields

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it the open fields

that spread in all directions, but he could
see no sign of his daughter. He hurried
back to his house to search for Shari,on
the chance that somehow she had gone in
as he was leaving. But Shari was no-
where to be found.

Certain that something was seriously
wrong, Shari’s father called the Lexing-
ton County Sheriff’s Office. To the offi-
cer who fielded his call he reported his
17-year-old daughter missing, explain-
ing that there was no way the girl would
willingly have gone anywhere without
taking along her medication. Realizing
that this was no mere case of an irrespon-
sible teenage girl out later than planned
without a word to her parents, the dis-
patcher raised a deputy cruising the Red
Bank area and sent him to the Smith
place to check the scene.

The deputy, after a hasty examination
of Shari’s car, put in a call to his boss,
Sheriff James R. Metts. Yes, he said, the
case definitely seemed to merit serious
attention. Not long after, the sheriff, ac-
companied by Colonel Lester Reynolds,
Captain Bob Ford and several other dep-
uties, arrived at the Smith place..

‘The girl was abducted,’’ one of the
investigators concurred, after speaking
with Shari’s father and giving the car the
once-over himself. ‘‘There doesn’t seem
to be much doubt about that.”’

Sheriff Metts wasted no time in estab-
lishing a command post for the nascent
investigation in the Smith garage. At the
same time, a tap was placed on the Smith
phone to record all incoming calls on the
chance that a ransom demand would be
received from the girl’s kidnapper. And
the telephone company was instructed to
trace all calls to the Smith’s number.

Metts made one call of his own, to the
State Law Enforcement Division, re-
questing the assistance of experienced
investigators. Another call relayed word
of the investigation to all law-enforce-
ment agencies in that part of the state. It
was accompanied by a detailed descrip-
tion of Shari Smith and the clothing she
was believed wearing.

Meanwhile, deputies located Shari
Smith’s boyfriend and some other Lex-
ington High School seniors who had at-
tended the afternoon splash party. The
youngsters were incredulous over the
news of Shari’s disappearance and were
unanimous in their opinion that nothing
hinting at trouble had taken place at the
pool. Neither did they recall seeing any
strangers in the area. Shari’s boyfriend
said he was certain that no one had been
following the pretty blonde when she
drove out of the parking lot around 3:00
p.m.

1 ‘ ‘

Officer Ralph Pierson uses monocular in plane during search for body. Residents

ue pee e
-

were near panic after second victim was taken, took severe security measures

Well aware that their daughter’s health
would be placed in jeapordy if she did not
receive her medication or consume the
great quantities of water that her condi-
tion required, Shari Smith’s parents
made an impassioned plea to her abduc-
tor to free the girl quickly. If her kidnap-
per was unwilling to do so, Shari’s par-
ents requested that they be allowed to
drop off her medicine somewhere so that
it could be brought to their daughter.

At the same time, Sheriff Metts had

Officer Jim Springs dusts public phone
for suspect’s prints. It was said that
he made ransom demands from this point

tracking dogs brought to the girl’s home.
Given Shari’s scent from some items of
clothing, the animals bounded from the
house, but they could follow the spoor no
further than the mailbox.

‘‘T don’t think there can be any more
doubt that she was forced into a car right
here by the mailbox,’’ one investigator
said. ‘‘I just wonder if it was someone
who saw her at the pool party and tailed
her home, or someone who happened to
be driving by and just decided to grab
her.”’

A canvass of the neighborhood turned
up no one who had seen any strangers or
unfamiliar vehicles that afternoon.

Around 10:00 that evening, as Shari’s
parents waited, frantic with worry, a call
was received at the Smith home by a man
with a deep voice who insisted that Shani
was all right. Asked if he knew that the
teenager was in desperate need of her
medication, the caller replied that he was
aware of the fact. As the distraught par-
ents implored him to let the girl go, the
man suddenly broke the connection.

Because the conversation had lasted
only a few short seconds, the phone com-
pany had been unable to trace it. Howev-
er, experts determined that it was not a
long-distance call.

‘*More’n likely it was made from a
pay phone right here in Lexington Coun-
ty,’’ one deputy said. ‘‘That’s good to
know. It means she’s being held some-
where in the vicinity.’’

‘‘What we’re going to do now,”’ an-
other investigator explained, ‘‘is use the
voice on the tape to make a voice print
we might be able to use to identify the
caller, if we can find him.”’

Official Detective 33

BONUS-LENGTH FEATURE!

Assuming that her kidnapper was
holding Shari Smith in a local dwelling
or abandoned building, Sheriff Metts or-
dered his deputies and volunteer search-
ers to check all such structures in the
county.

On the following morning—Saturday,
June lst—Shari Smith’s parents ap-
peared at a local television studio to
broadcast an appeal to their daughter’s
kidnapper. Once again, the couple ex-
plained how urgently Shari needed her
medicine and promised to meet any ran-
som demand.

On Sunday, as a subdued, joyless
graduation ceremony was taking place
for other Lexington High School seniors,
Shari Smith was the object of a massive
search effort. As spotters hovered over
the county in small planes, ground
searchers probed fields, ditches and
wooded areas in the thickly forested ar-
ea. Still other investigators combed near-
by Lake Murray, and a helicopter
equipped with infrared sensors was
brought from Washington, D.C., by
Federal Bureau of Investigation agents.
Wildlife and Marine Resources officers
traveling in four-wheel-drive vehicles
lent their knowledge of the rough terrain
to the probe.

When Sunday’s search proved fruit-
less, another effort was called for Mon-
day. Volunteers from all over the county
joined officers that day in a systematic
hunt through the countryside, while an
ambulance with medics at the ready
stood by to provide Shari Smith with her
medication and rush her to a hospital,
should she be found.

Shortly after noon, a letter hand-
written by Shari Smith arrived at the
girl’s home. Sheriff Metts told newsmen
that the note was postmarked Saturday,
in Columbia, and indicated that Shari
was still alive and cared for. He would
not make public its contents, however.

Reasoning now that the kidnapper was
holding Shari Smith in a house, rather
than inside a vacant building, newsmen
made an appeal to Lexington County res-
idents to look around their neighbor-
hoods for any indicatiom that the girl
might be there. By nightfall, though, no
fresh leads had been reported.

Early on Monday evening, Shari
Smith’s parents received a second call

from a man claiming to have abducted,

their daughter. The couple, who had
been coached by investigators to keep

34 Official Detective

any caller on the line for as long as possi-
ble, and to ask for something specific to
prove that he was indeed the kidnapper,
asked the man what Shari’s given name
was. He replied, ‘‘Sharon Faye,’’ and
provided other details that had not been
made known to the public at large.
Shari’s parents did their job well
enough for the call to be traced to a phone
booth ‘outside a store on South Carolina
Highway 6 near Jakes Landing on Lake
Murray, some 15 miles from their home.
But although roadblocks were hastily
thrown up throughout the area, and de-
tectives and SLED agents raced to the
booth, no one was found who might be

Police sketch of wanted man proved to
be quite similar to suspect. Strongest
evidence in case was his own confession

the girl’s kidnapper.

Employees at the store did not recall
seeing anyone inside the booth at the time
the call was made, but did say they had
seen two men in the store.

‘‘Remember what they looked like?”’
one prober asked.

The clerks nodded. They reported that
one of the men was a blond boy in his
mid-20s, clean-shaven. The other was a
thickset, brown-haired man, several
years older than the blond. J

‘‘What about their cars? Did you see
them?”’ :

The clerks remembered two vehicles

in the.parking lot. Although they could
not agree on the makes or models, the
police were told about a Volkswagen Jet-
ta and a car that was either a late-model
Chevrolet Monte Carlo or a silver Pon-
tiac Grand Prix with red racing stripes.

Early the following morning, Sheriff
Metts instructed the searchers to focus on
an area around Lake Murray, speculating
that if Shari Smith were still alive her
kidnapper was probably keeping her
somewhere near the phone booth where
he had placed his most recent call.

Meanwhile, a group of friends of the
missing girl’s family had printed up
some 10,000 posters alerting the public
to the pretty blonde’s kidnapping, and
announcing a $25,000 reward for infor-
mation leading to her whereabouts. The
posters were distributed to stores and ser-
vice stations all over the county and
nailed to telephone poles.

Not long after, the Smiths were con-
tacted at their home by a caller who
claimed that he would reveal where Shari
could be found in exchange for the re-
ward money. Soon a deal was worked
out by which the caller would phone the
family again, after he had picked up the
money, to inform them of where Shari
could be found.

Police technicians monitoring the
Smith phone traced the call to a Colum-
bia booth. To the technicians it did not
seem that the voice on the line was that of
the same man who had called earlier.
Nevertheless, sheriff’s investigators fol-
lowed up and took into custody a 27-
year-old man who had picked up the ran-
som offered by the Smiths at the spot
designated for the drop. The man was
rushed to police headquarters where in-
terrogation quickly revealed that he was
not Shari Smith’s kidnapper and had no
idea of where she was. Charged with
extortion, obtaining money under false
pretenses and obstructing justice, he was
ordered held in jail in lieu of $40,000
bond.

As the search for Shari Smith contin-
ued, a SLED agent's daughter, who bore
more than a passing resemblance to the
missing girl, dressed herself in white
shorts and a yellow pullover and then
re-enacted the abduction for a film
scheduled for broadcast on a Crime
Stoppers spot on local television.

On Wednesday, June Sth, sheriff's in-
vestigators received a numbing commu-
nication from the man who claimed to be
Shari Smith’s kidnapper.

‘*If you want to find Shari Smith,’” he
said, ‘‘you go out to the Masonic Lodge
at Lake Murray. Just walk up the path
behind it and you'll find her.”’

Although t!
before the dis;
for more infor:
the messas
taped—indica
same man wt
home on ear

Following
the anonymo
and SLED ag
Lodge on La!
path behind 1
decomposin:
white shorts 4
bikini bathin:
were a pall

‘Evident
time,*¥ one
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don’t belies
I’m certain
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her.”’

After th¢
where it la
Bob Horne
Newberry
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ime

He conducted a 12-year reign of outrages that ended
after two blue-eyed blondes vanished and were found
dead. With Dixie residents in panic, lawmen united
in an effort to stop the slaughter of the innocents

Although the connection was broken
before the dispatcher could ask the man
for more information, a voice analysis of
the message—which had been
taped—indicated that it was made by the
same man who had phoned the Smith
home on earlier occasions.

Following the directions provided by
the anonymous caller, sheriff’s deputies
and SLED agents hurried to the Masonic
Lodge on Lake Murray. There, on the
path behind the building, they found the
decomposing remains of a girl clad in
white shorts and a yellow pullover over a
bikini bathing suit. In the grass nearby
were a pair of rubber surgeon’s gloves.

‘Evidently, she’s been dead some
time,’’ one investigator said, noting the
severe decay of the remains. ‘‘And I
don’t believe that this is where she died.
I’m certain we covered this area more
than once when we were searching for
her.’’

After the body was photographed
where it lay, Saluda County Coroner
Bob Horne supervised its removal to the
Newberry County Memorial Hospital for
an autopsy to be performed by Dr. Joel
Sexton, a forensic pathologist.

At the scene, a search for physical
evidence turned up little more of interest.
Throughout the Columbia suburbs, ex-
hausted searchers were being informed
of the tragic find, thanked for their assist-
ance and told to go home for a well-de-
served rest.

Not long after, leaders of the in-
vestigation were informed by Dr. Sexton
that advanced decomposition had made
it unlikely that the cause of Shari Smith’s
death would ever be determined. The
forensic pathologist revealed that he had
found marks on the girl’s ankles, wrists
and face, indicating that she had been
bound and gagged with broad strips of
adhesive tape. Speculation was that the
teenager had died either from asphyxia
or extreme dehydration. The estimated
time of her death was Saturday night or
Sunday.

“ Pe —

oi 2 cesta ets oe * * Bot se
; Defendant is shown being escorted to his preliminary hearing. He was suspected
(Continued on page 55) of killing two girls In 1979 and 1981, spent time in jail for assaulting women

Ps es

Official Detective 35

diabetes medication also was in the car.

After finding no sign of his daughter, Bob Smith telephoned the Lexington County Sheriff's
Department, which launched a massive search for Shari Smith.

Metts sought help from the FBI when Bell called Smith'
giving them false hope she was still alive. He asked the
the man who abducted and killed Smith.

S family three days after she disappeared,
FBI to create a psychological profile of

While investigators searched for Smith, Bell took her to the Saluda home of Ellis Sheppard, an

electrician. Sheppard had asked Bell to Stay at his house while he and his wife went on vacation.
Bell installed electrical wiring in houses for Sheppard.

Bell held Smith hostage in a guest room in the home for nearly 12 hours.

At 3 a.m. June 1, 1985, Bell allowed Smith to write a last testament. He also told her to decide
how he would kill her. He said he could shoot her, suffocate her or give her a drug overdose.

About two hours later, Bell suffocated Smith, wrapping her head in duct tape.
Bell called Smith's family eight times, tormenting them with grisly details about her murder.

In one call, Bell told Smith's older sister, Dawn, that he had sex with Smith after using electrical
cord to tie her to a bed.

In another call, Bell told Dawn Smith, who has since married, that she could find her sister's body
near Sheppard's home off U.S. 378.

Debra May Helmick. Two weeks after he kidnapped Smith, Bell abducted Debra May Helmick,

9, from the front yard of her parents’ rented mobile home at the Shiloh Trailer Park off Old
Percival Road in Richland County.

About 4 p.m. June 14, 1985, Helmick was playing with her 3-year-old brother when Bell pulled up

in his car.

Bell grabbed Helmick by the waist and dragged her kicking and screaming into his car. A male
neighbor wasn't able to stop Bell before he sped away.

Helmick's mother, Debra Helmick Lowe, thinks Bell was driving to his sister's home when he
happened to see Helmick outside.

“When he saw her blond hair, it must have just triggered him," Lowe said. "He was just looking for

someone to kill."

Like Smith, Helmick was pretty, with blond hair and blue eyes. Bell's ex-wife, whom he married
when she was 15, also had blond hair and blue eyes.

Eight days after he kidnapped and killed Helmick, Bell called Smith's family again, this time to s
where Helmick's body could be found.

On June 22, 1985, Helmick's badly decomposed body was found in remote woods near Gilbert.
Female silk bikini underwear was on top of her own underwear.

When they searched Bell's home, investigators found adult female bikini underwear similar to the
nderwear found on Helmick's body. ,

i % age
es. " Be a

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Th Sree é Columbia Sy On.

{News section}

Bell maintains vow of silence as execution nears
Wednesday, Oct. 2, 1996

By JOHN ALLARD, Staff Writer

Convicted killer Larry Gene Bell probably will go to his grave without ever admitting he murdered
two Midlands girls. ;

Bell, 47, is playing a denial game even as the state of South Carolina prepares to execute him in
the electric chair.

He is maintaining a vow of silence as he awaits his death, scheduled for 1 a.m. Friday. Bell will
not speak with anyone, including his attorneys.

Bell recently told his attorneys he did not kill Debra May Helmick, 9, and Shari Faye Smith, 17, in
1985. In fact, he claims they are still alive.

Bell, a Gilbert electrician, abducted Helmick and Smith outside their homes in northeast Richland
County and Red Bank, respectively. Investigators think he sexually assaulted both girls before
suffocating them with duct tape. He kidnapped and killed Helmick two weeks after murdering
Smith.

Investigators remain frustrated that they never could close out their investigation of the murders
with a confession.

Bell didn't confess when Lexington County Sheriff James Metts questioned him for hours in his
office.

"I cried with him. I prayed with him. I laughed with him. We went through the whole emotional
cycle," Metts said.

"He got right up to the point of a confession, but all he would say is that the 'bad' Larry Gene Bell
could have done it," Metts said.

The best hope for a confession was a confrontation between Bell and Smith's mother and sister,
Metts said. Bell had sadistic fantasies about the victim's sister, who was older than Shari Smith
and closely resembled her, he said.

Smith's mother, Hilda, and her sister, Dawn, went to the Lexington County Sheriff's Department
headquarters to confront Bell.

| Bell, who believes that he is Jesus Christ and that he receives commands from God, told them he

Bell made casual comments when he briefly met with the Smiths, Metts said.

‘ Dawn Smith, who has since married, immediately recognized Bell's voice from phone calls made

to her after Shari Smith was abducted and killed.

"I never will forget that Dawn immediately asked him why he killed her sister. You could feel the 9
tension in the room,” Metts said. "It was a situation where a few minutes seemed like an eternity.” we

"Bell just put his head down," Metts said. "His body language was So damning. It just seemed it
was really eating at him." | |

Bell's mind games. The mind games played by Bell after his arrest reflected the psychological IX
warfare he waged with investigators while they hunted him. \

During an intensive, nearly monthlong manhunt, Bell taunted investigators in telephone calls to
Smith's family. ee

Metts said. "We feared for the worst. We knew we weren't dealing with an ordinary killer."

Bell called Smith's family from public pay phones as far away as North Augusta. He initially used

"We saw an unusual situation as soon as the phone calls started coming in to the Smith home," Y
an electronic device to distort his voice. ay

He knew how long it would take to trace the calls and hung up before investigators could get to
phone booths he had called from, Metts said. Once, investigators passed Bell on S.C. 6 after he
had called from a pay phone at a convenience store near the Lake Murray dam.

Bell grew cockier as the investigation dragged on. He stopped using the electronic device to
disguise his voice in phone calls. He also started calling Smith's family collect, telling an operator
to say the call was from Smith.

"Tt became a thrill for him to elude us," Metts said. "The chase became a game."

NS
Bell continued to torment Smith's family after he had told them where he had dumped her body. In

one call, he threatened to kill Dawn Smith. ~

—

"Your time is near. God wants you to join Shari Faye,” Bell said in a call to Dawn Smith. "This
month, next month, this year or next year. You can't be protected all the time."

The sensational aspects of the Bell case attracted national attention. There was an article in
Readers Digest, and a TV-movie, "Nightmare in Columbia County," aired Dec. 10, 1991, on CBS.

John Douglas, the former head of the FBI's Behavioral Sciences Unit and an authority on the use
of psychological profiles in criminal cases, devoted an entire 20-page chapter to the Bell case in
his best-selling book, "Mindhunter."

While the facts surrounding the murders of Helmick and Smith have been extensively reported,
much less is known about why Bell became a serial killer.

Bell did not respond to a letter from The State, seeking comment about his past. His attorneys said

speak with the "secular press." Bell's history. Bell was born Oct. 30, 1948, in
ama. He was the second-youngest of five children.

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Hunting Bell. Investigators relied heavily on the psychological profile to capture Bell.

Lexington County Assistant Sheriff Lewis McCarty questioned Sheppard after learning many
Phone calls had been made from his home to a residence in Huntsville, Ala.

An impression of the Alabama phone number was found on Smith's last testament, which had
been written on a legal pad. Sheppard had given Bell the number, which was his son's home phone
number.

McCarty described the psychological profile to Sheppard and his wife. They immediately said it
sounded like a description of Bell.

Like the profile, Bell was in his 30s and divorced after an unhappy marriage at a young age. He
was shy and overweight. He was an obsessively organized person. And he had a prior history of
assaulting women.

The profile also predicted Bell would be experienced in electrical work and would have a job that
had flexible hours and often required him to travel.

Investigators arrested Bell at 7 a.m. on June 27, 1985, after he was stopped at a roadblock off
U.S. 378 near Shull Island at Lake Murray.

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tarily terminate his action, without preju-
dice to the bringing of a new action by
taking a voluntary nonsuit. His right to
do so frequently depends upon the effect
that it will have upon the defendant's rights.
Especially is this true where the defendant
has set up a counterclaim or pleaded other
affirmative relief.

“If the discontinuance or dismissal before
trial will not result in legal prejudice to the
defendant, a plaintiff ordinarily has a right
to discontinue any action commenced by
him. A party should no more be compelled
to continue a litigation than to commence
one, except where substantial rights of
other parties have accrued and injustice
will be done to them by permitting the dis-
continuance. In such a case, through the
control which the Court exercises over its
order, there is discretion to refuse the dis-
continuance, but where nothing appears
to show prejudice or violation of the
rights or interests of the adverse party, the
plaintiff may be granted a voluntary non-
suit, conditioned upon such terms and con-
ditions as may be proper to protect the de-
fendant.

“* * * Tn our opinion, the Court
should exercise its discretion in passing
upon such motions, whether made prior to
the commencement of the trial or after the
trial has been entered upon.”

An illustration of the application of the
rule stated, to a situation in which the
presence of legal prejudice to the defend-
ant should have led the trial court to re-
fuse the motion for dismissal without preju-
dice is found in the recent case of Romanus
v. Biggs, 217 S.C. 77, 59 S.E.2d 645, 648. In
that case the moving papers and the reply
thercto disclosed that the action was one
for a partnership accounting involving a
wholesale liquor business, and that one of
the defendants, a bank, had made consider-
able advances to one or more of the partics
in interest for the purchase of liquor, on the
security of the liquor, and at the time of the
institution of the suit had been enjoined
from enforcing its collateral and from
crediting any funds in its hands on the
advances made by it. It further appeared

69 SOUTH EASTERN REPORTER, 2d SERIES

that by reason of the restraint thus im-
posed, the defendant bank had sustained
considerable losses. Under these circum-
stances we held that the dismissal of the
action with the prospect of the immediate
institution of another suit against the same
parties would be prejudicial to the defend-
ants, and that by reason of such prejudice
the motion to dismiss without prejudice
should not have been granted.

While the Romanus case was a suit in
equity, that fact had no bearing upon our
conclusions for as we said in the opinion
in that case: “It has long been the rule
that motions to discontinue in equity cases
are addressed to the discretion of the Court
and will be refused when discontinuance
will work prejudice to the defendant, but
at one time the rule was otherwise as to
actions at law, in which a plaintiff was
permitted to discontinue or take a non-
suit as a matter of right. However, dis-
satisfaction arose with this wholly artificial
distinction, and the well settled rule now is
that motions to discontinue are addressed
to the discretion of the Court both in suits
in equity and in actions at law.”

The holdings of this Court which make
possible the dismissal of actions without
prejudice except in the special circum-
stances indicated above, might well be ques-
tioned, as tending to promote litigation and
as involving injustice to defendants, but
the rules on this subject as above set forth
have too long been the settled law of this
State to be questioned at this late day.

[2,3] The conclusions above stated re-
quire that the single exception upon which
this case comes before us must be over-
ruled. This disposition of the matter, how-
ever, does not preclude the defendant, in
a subsequent suit, from resorting to the
provisions of Subsection 3 of section 426
of the Code, relating to a change of venue
on the grounds of convenience of wit-
nesses and the promotion of the ends of
justice, if the facts so warrant.

The order of the Circuit Court is affirmed.

FISHBURNE, STUKES, TAYLOR and
OXNER, JJ., concur.

_» STATE v. BLASSINGAME | S.C, 601
Cite as 69 S.D.2d 601 ‘

221 S.C. 169
STATE v. BLASSINGAME,
No. 16598.

Supreme Court of South Carolina.

March 3, 1952.
Rehearing Denied March 24, 1952.

Defendant was convicted in the Court of
General Sessions, Spartanburg County, Bruce
Littlejohn, J., of the murder of a female
child, and he appealed. The Supreme Court,
Baker, O. J., held that refusal to permit
cross-examination of sheriff as to past con-
duct and record of defendant with reference
to his being a sexual pervert was not error.

Affirmed.

(. Criminal Law €=>380

In prosecution for murder of female
child, refusal to permit cross-examination
of sheriff as to defendant’s past conduct
and record with reference to his being a
sexual pervert was not error, since it would
in no way mitigate the offense for which
he was being tried.

On Petition for Rehearing

2. Criminal Law €=46

Defendant, voluntarily placing himself
under influence of drug or narcotic, can-
not claim this in mitigation of crime com-
mitted while under influence of such drug
or narcotic.

——@——___.

C. Yates Brown, Spartanburg, for ap-
pellant.

Samuel R. Watt, Sol., Spartanburg, for
respondent.

BAKER, Chief Justice.

The appellant was tried and convicted,
without recommendation to mercy, in the
Court of General Sessions for Spartanburg
County, upon an indictment charging him
with the murder of a female child of the
age of twenty-seven months. In that the
verdict of guilty carried no recommenda-
tion to mercy, the trial Judge necessarily
Sentenced the appellant to die by electro-

Cution. In due time the appellant gave
69 S.E.2d—38%

notice of his intention to appeal from the
verdict and sentence.

[1] The only issue raised by this appeal
is whether the trial Judge erred in refusing
to permit counsel for the appellant on his
cross-examination of the witness B. B.
Brockman, Sheriff of Spartanburg County,
to interrogate him as to the past conduct
and record of the appellant with reference
to his being a sexual pervert. Even so,
it is unnecessary that we herein relate any
of the sordid and revolting circumstances
of the attack made upon this female child
by the appellant, resulting in her death
within a short space of time, a few hours
at most.

When Sheriff Brockman was on the wit-
ness stand, counsel for the appellant asked
him: “You have in your investigation,
Sheriff, and into Blassingame’s background,
you have found no evidence of his being
a sexual pervert, have you?” This question
was objected to by the Solicitor on the
ground that it would not be relevant, and
was not the proper way of putting the rep-
utation of the appellant in issue. The trial
Judge at this point inquired of counsel for
the appellant what point in issue does it
(the answer) tend to prove or disprove.
Counsel for appellant then requested that
the jury be sent to the jury room, which
request was granted. The record then
shows considerable argument (in the ab-
sence of the jury) on behalf of appellant’s
counsel and the Solicitor, and inquiries of
counsel in the case made by the trial
Judge. In argument as to the admissibility
of such testimony, it developed that counsel
for the appellant was undertaking to elicit
from the witness that he had found no evi-
dence that the appellant was.a sexual per-
vert, and counsel for appellant was denying
that appellant was a sexual pervert, and
yet counsel stated in the same sentence
of his denial, that the evidence in the case
“leads to the conclusion that he must be.” -

The trial Judge excluded any answer the
Sheriff might have made to the question
propounded to him, and in the following
language: “Well, I don’t think it bears on
and tends to prove or disprove any issue
in the case, and I will sustain the objec-

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tart'o

Se PRI ee Ne

Sgt eady uo (Simqueqrteds) dS OS *oeTe foqytTuM **d WeTTTITM “SNVONISVIG

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AL. -AMA

GAIVEMSILY

602 _ 8.0.

tion.” During the argument of counsel
in the absence of the jury the Solicitor
added to his other objections that such

testimony would be hearsay.

Later in the trial and while the mother
of the deceased who was living with the
appellant in adultery was on the witness
stand as a witness for the appellant, she
was permitted to testify without objection
that the appellant in his relations with her
had never evidenced any perverted sexual
desires; and the appellant testified that he
had never been tried for any other offense,
except having been placed under a peace
bond more than three years before,

We find: no error in the refusal of the
trial Judge to permit Sheriff Brockman to
answer the question asked him. Even if
appellant were a sexual pervert it in nowise
mitigated the offense for which he was
being tried.

69 SOUTH EASTERN REPORTER, 2d SERIES

Aside from the exception, the record
has been carefully searched in favorem
vitae, but we find no error.

Affirmed.

FISHBURNE, STUKES, TAYLOR and
OXNER, JJ., concur.

Order On Petition For Rehearing

PER CURIAM.

[2] If£ we construe the argument of the
appellant in the light in which he says it
was intended, he is met with the legal prop-
osition that he voluntarily placed himself
under the influence of a drug, or form of
narcotic, and therefore cannot claim this
in mitigation of a crime committed while
under the influence of such drug or nar-
cotic, all of which was considered before
the writing of the opinion. The petition for
a rehearing is denied.

ANDERSON vy. ATKINSON N.C. 603
Cite as 69 N.B.2d 603

235 N.C. 300
ANDERSON et al. v. ATKINSON et al.
No. 242.

Supreme Court of North Carolina.
March 19, 1952.

Lee Francis Anderson and Annie Lou Lynn
brought an action against Lizzie Stevens At-
kinson, and others, to recover land under pro-
visions of an alleged lost or destroyed unpro-
bated will. The Superior Court, Johnston
County, William T. Hatch, Special Judge, aft-
er ruling overruling demurrer to complaint
was reversed on appeal, granted plaintiffs’
motion to amend the complaint, and allowed
plaintiffs’ motion to be allowed to file amend-
ed complaint after passage of time originally
allowed for filing of amended complaint, and
defendantg appealed. The Supreme Court,
Denny, J.,*held that complaint was improp-
erly permitted to be amended since complaint
showed on its face that Superior Court had
no jurisdiction of subject matter of the ac-
tion.

Appeal dismissed.

1, Dismissal and Nonsult €=55

Whenever it appears upon face of
complaint that court has no jurisdiction of
subject matter of action, the action should
be dismissed.

2. Courts €=24, 37(1, 2), 39

A defect in jurisdiction over subject
matter cannot be cured by waiver, consent,
amendment, or otherwise, and objection
may be made anytime during progress of
action, G.S. § 1-134.

3. Appeal and Error >1201(4)

Since issue of whether an unprobated
script is decedent’s last will cannot be prop-
erly brought before Superior Court for de-
termination in ordinary action, complaint
in action to recover lands under provisions
of alleged lost or destroyed unprobated will
of a decedent disclosed on its face that su-
Perior court lacked jurisdiction of action,
and superior court, after ruling overruling
demurrer was reversed on appeal, improper-
ly permitted amendment to complaint. G.S.
§ 1-134.

4. Pleading €=248(1)

Right to amend pleadings does not per-
mit litigant to set up wholly different cause
of action or change substantially form of
action originally sued upon.

5. Pleading €=248(17)

A plaintiff whose original complaint
sought to recover land under provisions of
alleged lost or destroyed unprobated will of
a- decedent would not be entitled to amend
complaint by praying for specific perform-
ance and by alleging that involved instru-
ment was not executed with formality re-
quired by law so as to operate as a will,
and by alleging that instrument was effect-
ual as a contract to convey property in-
volved to plaintiff, since right to amend
pleadings does not permit litigant to set up
wholly different cause of action or change
substantially form of action originally sued
upon. G.S. § 1-163.

This action was originally instituted to
recover land under and by virtue of the al-
leged provisions contained in the last will
and testament of Andrew Atkinson, which
purported will was lost or destroyed after
the death of Andrew Atkinson, and has
never been admitted to probate,

The defendants demurred to the com-
piaint in writing on the following grounds:
(1) That the court had no jurisdiction of
the subject matter of the action; (2) that
the complaint did not state facts sufficient
to constitute a cause of action. G.S. § l-
ie.

The demurrer was overruled and the de-
fendants appealed to this Court. The rul-
ing of the court below was reversed in an
opinion filed 10 October, 1951, Anderson v.
Atkinson, 234 N.C. 271, 66 S.E.2d 886.

Thereafter, at the November Term, 1951,
of the Superior Court of Johnston County,
the plaintiffs moved to amend their com-
plaint. The motion was granted and the
plaintiffs were allowed thirty days in which
to file an amended complaint. The defend-
ants excepted to this ruling.

The amended complaint was not filed
within the time allowed. However, at the
January Term, 1952, of the Superior Court
of Johnston County, the plaintiffs moved to
be allowed to file such complaint. The
court, after finding the delay in filing was
due to excusable neglect, allowed the mo-
tion. To this ruling the defendants also ex-
cepted.

Bod Bhs ee Ne tt ter tee

1 RD ROE PA Maa,

BLAKE, Jack, black, 30, hanged Georgetown, SC, March 27, 1908

BROKE DOWN ON GALLOWS.

Lp to That Time Negro Had Ap-
peared Indifferent,

Georgetown, 8. c., March 27.—Jack
Blake, a negro about. thirty years old, |
wag hanged hete today for. the mur-
der of Jim Green, a constatte, ‘algo |
colored, about {wo years ago. Green |
was attempting | to arrest Blake when
killed.

Blake maintained an. appearance oft
stolid indifferéfhte until... ne. ee
marched from his. cell to the stafford,
when he broke). down “ne a
cry.

Seventeen mit tes; after the trap was

sprung life was Erg nouneed. éxtinct

yt! A
af v ; ' .

— ~
( ew STITO VION

x Wade. ) (A

THURSDAY, AUGUST 17, 1995 @ THE GREENVILLE NEWS

Che Greenville News

SOUTH CAROLINA’S LEADING NEWSPAPER

No clemency

for murderer

Condemned man’s lawyers make
bogus mental retardation

claim, oppose death penalty

by discrediting rule of law.

convicted murderer is scheduled for execution by
lethal injection at 1 a.m. tonight in Columbia,
concluding this state’s slow criminal justice process
that extended from two trials and convictions for a
wanton killing in connection with a robbery 16 years
ago.

This grim business could cause anyone with uncertain
confidence in the law to join the categorical opponents of capital
punishment who urged Gov. Beasley to grant clemency on
grounds of compassion and reverence for life.

The condemned man’s attorneys waged the familiar frenetic
effort of lawyers who, having no basis for further appeal,
attempted to retry the case in the press to discredit the rule of
law.

Part of their appeal was drearily understandable. They argued
that someone else, society or misfortune was to blame for their
client’s crime. And since the condemned is a black man they
insinuated he was a victim of racial prejudice — which he surely
was in this world, but it in no way excuses his murdering another
black person.

The condemned man’s lawyers also argued the bogus claim
that the condemned man is mentally retarded. In fact, that
emotional issue was reviewed at length on appeal and found
utterly without legal merit.

The issue in recent days was not that the condemned man is
mentally retarded, but that the claim makes dramatic news for
being destructive of public confidence in the rule of law that
supports the death penalty.

Another argument for clemency was that nobody knows the
condemned man, Sylvester Adams, 39, of Rock Hill, the way
everyone came to know of Susan Smith, the point being that
knowing him as a real person would soften application of the law
in his case.

One could sooner believe that the 16 years and 22 appeals his
attorneys have used for procedural delay of sentence have
blurred memories and softened community animosity toward
him, not worked to his disadvanta ge.

Capital punishment is now delayed so long that it’s no longer a
serious deterrent to capital crime. The rules of evidence have
been so loosened to admit immaterial issues that fewer criminals
are found guilty, and the courts are held in diminishing regard by
the public for it.

A governor weighing a clemency decision in a case such a
Sylvester Adams’ confronts not only a stark record that speaks
for itself, and mitigating circumstances that are bound to appeal
to his compassion, but often also an unprincipled defense
representation that, as in this case, has been implacable in its
efforts to discredit the rule of law in order to prevent an
execution the law has ordered. '

The governor’s decision not to grant clemency, made after
anguished review, reflects a different perception of law.

THURSDAY, AUGUST 17, 1995 ® THE GREENVILLE NEWS

ADAMS

FROM PAGE 1A

16, tests showed Adams IQ was 71 and his mental
age was that of a 9-year-old.
if Adams does die by lethal injection Friday it
will be precisely because he is so mentally ill that
he refused to cooperate with the psychiatric eval-
uation that could have saved his life, his lawyers
say. oe a3 Be
death, Adams seemed to understand that.
Defense lawyer David Bruck quoted Adams as

_ Saying, “That day, if I had done what you wanted

me to do, I wouldn’t be in this fix.”

Adams issued «a statement from the death -

house Wednesday thanking supporters who had
sought clemency for him. :

“I want to thank every last one of them for all of

their prayers,” Adams told reporters selected to
conduct his final interview. :
He also thanked Florence Thompson, the moth-
er of his victim, for signing two affidavits opposing
his execution. He declined to answer questions.
Mrs. Thompson lives two doors down from
Miss Adams. She said her son loved animals and
had pet rabbits and dogs around the house. “He
never did like to see nothing get hurt or killed,”

: she said.

“He was a real quiet, lovely little boy,” said the
woman, who lives alone in a house full of photo-
graphs and memories of her only son.

On Tuesday, faced with the near certainty of

“He’s not the cruel person
the newspapers and a lot of
other people have portrayed
him to be. He’s a person who
has a problem. And the
problem probably could have
been treated where he could
learn to function a whole lot
__. better in society with this
problem. He could learn to
see things as they really
are.”’
— Angie Adams
The impending execution, she said, “brin
back a lot of old memories. It really hurts.” 3

“Tt worries me,” said the woman, reluctant to
talk about Adams’ death. “It just keeps me
upset.”

.. Lawyers for Adams asked the state Suprem
Court Wednesday to block the execution nga
stitutional and legal grounds.

Among other things, the lawyers argue that
one of Adams’ attorneys had a conflict of interest
when he represented-the prosecution’s chief wit-
ness on housebreaking and larceny charges be-

tween Adams’ first trial and retrial.

They contend that Adams’ death would serve
no purpose because the execution of a mentally
retarded inmate for a 16-year-old crime serves no
deterrent. .

“It will serve no legitimate purpose and will
only cause gratuitous and unnecessary suffering
for him and additional agony and grief for the vic-
tim’s family,” his lawyers said.

_ Adams, Bruck argues, would be serving a life

a athe jury was Bt that he is mentally
retar a paranoid schizophrenic. ‘The
could have tried this 20 times and not gotten the
death sentence once,” he said.

But William “‘Red” Ferguson, who sent Adams
to death row, said Adams deserves to die for
dragging the 16-year-old Chambers from his
home and strangling him to death in the woods.

Adams tried to extort ransom money from the
boys’ mother before the body was found and con-
founded efforts to search for the missing teen-
ager. .

“It was a strong, strong, strong case for the
death penalty and the jury saw it that way,” Fer-
guson said,

: Any omissions by the defense were done strate-
gically to avoid putting the focus on Chambers’
own learning disability, Ferguson said.

Moreover, Adams is not unlike many South
Carolina prisoners and death row inmates who
are mentally ill or mentally retarded, the prosecu-
tor said.

A prison official estimates at least 500 of the

See EXECUTION on page 7A

EXECUTION

FROM PAGE 6A

ill and many more suffer from drug
and alcohol abuse or mental retarda-
tion.

But Adams’ lawyers say that
misses the point. The jury should
have been given the opportunity to
weigh Adams’ mental impairment
against the aggravating factors of
his crime.

After winning Adams a new trial
in 1981; Bruck said he told the
court-appointed lawyers that he be-
lieved Adams was severely mentally

- jlland possibly incompetent.

He urged them to get him evaluat-

ed by psychiatrists.

“The irony is that they did that.
But Sly wouldn’t cooperate with ei-
ther of them precisely because he
was too paranoid,” Bruck said. “He
thought everything was some kind
spe against him to make him look

Not only did Adams fail to get the
evaluation, the fact that his lawyers
sought the test made it impossible
for Bruck to later argue they were
incompetent.

Adams’ sister said she believes
the outcome would have been differ-
ent if his trial lawyers had done
more to understand how her broth-
er’s mind worked.

“I'm not saying that maybe he’d
be set free. 1 know he probably
would net€r be set free. But I don’t
think he'd be killed either,” she said.
“Everything would be taken into
consideration, just as it was for Su-
san Smith.”

Jurors sentenced Susan Smith to
life in prison after hearing of the sex-
ual abuse, depression and suicide at-
tempts that led her to the Union
County lake where she drowned her
two sons last year.

Adams story is different largely
by degree.

He grew up in a household of pov-
erty, alcoholism and domestic vio-
lence, according to his lawyers. He,
too, tried twice to kill himself.

At age 10, he tried to kill himself
by running in front of a car under the
notion that his mother could collect
insurance money to make the house
payment.

A year later, he ate rat poison and
his mother poured hot lard down his
throat as a antidote.

Adams was most likely born men-
tally retarded because of his moth-
ers heavy drinking during
pregnancy, chronic malnourishment
and a complete absence of prenatal
care.

“During his childhood, Sylvester
banged his head on the headboard of
his bed and sat and rocked for
hours,” defense lawyers said in
court filings.

As a child he heard voices and of-
ten stood on the neighborhood
streets where he chanted, preached
and sang.

He started first grade more than
two years behind the other children
and failed every subject. His desk
was placed in the hallway outside the
classroom.

He repeated first and second
grades and learned to spell his own
name only when he reached the
third grade at age 12. By age 16, he
walked out of the seventh grade and

quit school.
~ Family members knew he had a
problem but never discussed it, said
hissister. ~

“He was to me, he was lovable.
He wasn’t very intelligent. But we
knew that there was something dif-
ferent about our brother but we nev-
er talked about it at home,” she said.

“He’s not the cruel person the
newspapers and a lot of other people
have portrayed him to be. He’s a
person who has a problem. And the
problem probably could have been
treated where he could learn to
function a whole lot better in society
with this problem. He could learn to
see things as they really are,” Miss
Adams said.

She said he bought groceries for
neighbors in need, gave people rides
to wherever they were going and did
odd jobs around their homes.

She never dreamed he was cap-
able of such violence against Cham-
bers.

“T can’t see what satisfaction any-
one could get out of taking another
person's life, even though he did
that,”’ she said.

“It's not going to bring Bryan
back. It’s not going to stop any of the
violence in the world today. It’s just
another life taken.”

etree ally

» Sykvewster, black, lethal injection, SC@ Yérk) August 18, 1995

lina

Greenville,
South Caro,

Retarded condemned
man has made peace’

Sylvester Adams’ an TA SE,
rough life to end anne .
with state’s first
lethal injection

By William Fox
CaPITAL BUREAU

COLUMBIA — Angie Adams
recalls her retarded brother in his
20s with a childlike stubbornness
and her Rock Hill playmate with a
learning disability who lived next
door.

Although she and her friend,
Bryan Chambers, were nearly the i yer bah --.
same age, he always played the , i eit ed aad a catia
child and she was the mother when “ ee ZA
the two played house. : " Friday “1 a.m: A final statement,

Sixteen years ago, she said good- if there is one, will be read by his ie
bye to her friend who had been the 5 a lawyer. His lawyer and minister will et,
dragged behind his house and Bs i i then leave the room and the B
strangled, and now &he wonders ' a :
how to say goodbye to her brother,
Sylvester Adams, as - is sched-
uled to be executed at 1 a.m. Fri-
day for killing het childhood
playmate,

“He just says he’s made peace:
with Jesus and he’s not afraid,” she
said.

“I don’t know, but I hope it’s
true because I’ve asked him to do
that,”’ she said. “We've come to a
point now where there’s no time
for games, lies, putting up a brave
face. This is the time to be totally
honest, whether it does any good
or not. Totally honest.”

She said that will be hard for a
39-year-old man who thinks like a
child.

“It’s just like with a child when
they are playing, they make be- ,
lieve,” she said. “They assume if 14
things are done this way they will fii flushed with a saline solution. A second series.
turn out this way. When we know i] of the last two drugs also will be given If the
dates feats 80 that way.” Feast continues to beat ater 10 ilnutes.

Adams’ IQ scores of 65 and 69 ete ya
place him in the mild range of men- TR Tee ep yt ; : ees
tal retardation, according to court Eu} 88 id repre: ‘press one ha the: victin's family and one
papers filed by the defense. When § ae tas ei eae ah
he dropped out of school at age ’

See ADAMS on page 6A ° source: ta. soneu anu Phat 8 a agong

FINAL EDITION

ille News

AUGUST L7 aiggs

THURSDay

Che Greeny

Sylves er Adams

Governor
denies
clemency
for Adams

Rock Hill man set
to be executed by
injection on Friday

By William Fox |
CAPITAL BUREAU

COLUMBIA — A condemned kill-
er resolved to die Tuesday after his
last ditch plea failed to move the
governor to spare his life.

“He turned me down? I guess I’m
gonna die,” Sylvester Adams told
his attorney after hearing the news
that Gov. David Beasley denied him
clemency.

“I just hope they don’t mess up. I
don’t want a lot of pain and all that,”
Adams told David Bruck, his lawyer.
“Once I go, they won’t hurt me no
more.”

Beasley rejected the clemency pe-
tition from Adams asking him to
commute his death sentence to life
in prison without parole.

Adams, 39, is scheduled to die at 1
‘am. Friday by lethal injection for
the 1979 murder of his 16-year-old
Rock Hill neighbor, Bryan Cham;
bers.

He would be the fifth South Caro-
lina killer and the first black man ex-
ecuted since the state reinstated the

death penalty in 1977.

“I have expressed my confidence
in the judicial system, and I believe
Sylvester Adams received every
consideration in numerous hearings
from the South Carolina circuit
courts to the U.S. Supreme Court,”
Beasley said in a statement.

“Therefore, 1 decline to grant

See ADAMS on page 4A

Che Greenville News

Greenville,
South Carolina

1995 @ FINAL EDITION

AUGUST 16,

’

WEDNESDAY

Executed Man Said Retarded
AP 18 Aug 95 6:35 EDT vo0411
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

Executed Man Said Retarded

COLUMBIA, S.C. (AP) -- "Jesus, your baby is coming home," a killer
Said Friday before his voice trailed away in a hymn as he was executed
for strangling a 16-year-old neighbor.

I am the happiest man in the world," Sylvester Adams, 39, said as
he lay strapped to a prison gurney, lethal injection needles in his

arms. “I’m not afraid to die. ... I’m not crazy."
His voice softened as he sang his last words: "I love you, I love
you, Lord."

The state and U.S. Supreme Court both rejected arguments that the
legal system did not consider the former manual laborer’s mild
retardation or psychological problems.

Adams was convicted of strangling 16-year-old Bryan Chambers, a
mildly retarded neighbor in Rock Hill. Prosecutors said Adams broke
into Chambers’ house in 1979 looking for money and when he found none, ©
he dragged Chambers into nearby woods and killed him.

The jury that convicted Adams and sentenced him to death was not
told that his IQ indicated he is mildly retarded, or that he has a
mental illness that could cause him to burst into a rage, his appeal
lawyers said.

"This is a kid who slipped through the cracks of the mental health
system, the social system and the justice system," said appeals lawyer
John Blume.

Four of the state’s Supreme Court justices said Adams’ trial was
fair and had withstood numerous appeals.

Chief Justice Ernest Finney dissented. "I can conceive of few
violations more shocking to the universal sense of justice," he said,
“than condemning to death a man of abnormally limited intellectual
ability, a dysfunctional childhood, and whose trial record reflects
unremediated material errors."

The U.S. Supreme Court rejected a final appeal without comment.

Gov. David Beasley refused to consider commuting the death sentence,
despite a request to do so from the victim’s mother and death penalty
opponents.

Under a new state law, Adams was the first South Carolina inmate
allowed to choose injection instead of the electric chair.

He was the 37th person executed in the United States this year and
the 294th since the 1977 U.S. Supreme Court decision allowing states to
resume capital punishment.

Killer Executed Over Protests
AP 18 Aug 95 1:23 EDT V0348
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

Killer Executed Over Protests

COLUMBIA, 5.C. {AP) -- A man who strangled a 16-year-old neighbor
was executed by injection early Friday over protests that he was mildly
retarded. |

Sylvester Adams, 39, was the first South Carolina inmate executed by
injection. The legislature changed thé law this year to allow condemned
inmates to choose injection or the electric chair.

Adams was convicted of strangling 16-year-old Bryan Chambers, a
mildly retarded neighbor in Rock Hill. Prosecutors said Adams broke
into Chambers’ house in 1979 looking for money and when he found none,
he dragged Chambers into nearby woods and killed him.

Adams’ lawyers, John Blume and David Bruck, argued to the last that
the former manual laborer was victimized by a justice system that did
not consider his mental retardation and psychological problems.

“This is a kid who slipped through the cracks of the mental health
system, the social system and the justice system,” Blume said.

The jury that convicted Adams and sentenced him to death was never
told that his IQ indicated he is mildly retarded, or that he has a
mental illness that could cause him to burst into a rage, his appeal
lawyers said.

Adams’ trial lawyer is in prison on charges stemming from another
case.

in turning down Adams’ appeal, four of the state’s Supreme Court
justices said his trial was fair and had withstood numerous appeals.

Chief Justice Ernest Finney dissented. "I can conceive of few
violations more shocking to the universal sense of justice," he said,
"than condemning to death a man of abnormally limited intellectual
ability, a dysfunctional childhood, and whose trial record reflects
unremediated material errors."

The U.S. Supreme Court rejected a final appeal without comment late
Thursday night.

Before his murder conviction, Adams served prison time for
housebreaking and drug charges.

Gov. David Beasley refused to consider commuting the death sentence,
despite a request to do so from the victim's mother and death penalty
opponents.

Adams was the 37th person executed in the United States this year
and the 294th since the 1977 U.S. Supreme Court decision allowing
states to resume capital punishment.

ADAMS

FROM PAGE 1A

clemency or delay the sentence of
the court in this case,” Beasley said.

Bruck, who was with Adams when
word came of the clemency denial,
_ said his client held out his hand to
see that it was shaking: be

“The governor don’t hate me.
The attorney general don’t hate me.
They're just in politics,’* Bruck said
Adams told him. “I just hope whoev-.
er doing it knows what they’re
doing.” eos

Bruck said Adams expressed a
fear of the needles that will prick his
arm, but said, “‘I’ll be with Jesus.”

John Blume, another of Adams’
lawyers, said he might ask the state
Supreme Court on Wednesday to
block the execution. _

Blume said he also is studying
whether to lodge an appeal on the
grounds that the Department of
Corrections lacks a legitimate li-
cense to obtain the controlled sub-
stances used in the lethal injection.
He said the agency received a state
Department of Health and Environ-
mental Control permit on the basis
of research.

Lawyers for Adams argue that ju-
rors were never told Adams is men-
tally retarded and suffers a mental
illness. They never knew of his up-
bringing in a household of poverty,
alcoholism and violence.

They point to the Susan Smith
case last month; in that case, the
jury gave Smith a life sentence after
learning of the sexual abuse, suicide
attempts and depression that domi-
nated her life before she drowned
her sons ina Union County lake. °

Bruck said Tuesday he was disap-.
pointed by the governor’s unwilling- |
ness to let him plead Adams’ case in
person and Beasley’s conclusion that
16 years of appeals had resolved the
legal issues in Adams’ case.

“It’s a disturbing comment for
him to make,” Bruck said. ‘I don’t
think anyone could delude himself
into thinking based on the record of
this case that the jury knew the
facts.”

But prosecutors have contended
that the jury in Adams’ case knew of
his limited mental intelligence and
that any omission by his lawyers was
a tactical decision meant to divert
the focus from his victim’s’ own
learning disability.

“It’s something we expected,”
said Robb McBurney, a spokesman
for Attorney General Charlie Con-
don, of the governor’s denial. ‘‘We
feel like the governor showed Syl-
vester as much clemency as Sylves-
ter showed Bryan Chambers.”

On Monday, when Bruck visited
the death row inmate, Adams talked
alot about his own autopsy and fears
that authorities will “make a big
mess of him’’ because he will be the
first to die of lethal injection in the
state.

He is most concerned about his
eyes, and Adams extracted a prom-
ise from Bruck to not let anyone
damage them.

Monday night, Adams said his
goodbyes to the 62 other men on
South Carolina’s death row, only
four of whom were there when he
arrived in 1980.

“It’s a very frightening time. It’s a
very sad moment,” said Blume, who
was with Adams during the move to
the death house. ‘‘Most people don’t
come back once they go there.”

Six cents left in Adams prison
bank account was donated to the
American Red Cross. Sweaters, a
radio, television and hobby crafts
were parceled out with the rest of
his belongings to family members.

At one point, Adams leaned over
and whispered into his lawyer’s ear
that he had butterflies in his stom-
ach, Blume said he assured Adams
that he did, too.

WEDNESDAY, AUGUST 30, 1995 @ THE GREENVILLE NEWS

I LETTERS FROM:READERS

What did execution

really accomplish?

The Greenville News editorial of
August 17, regarding the execution
of Sylvester Adams, made an argu-
ment that does not hold up. You ar-
gued that the delay between
conviction and execution under-
mines the deterrent value of capital
punishment. In other words this ex-
ecution, by your own admission, did
nothing to deter crime.

What other justification can you
give for it? Victim's rights? An Au-
gust 17 article in The News said
that the mother of Adams’ victim
opposed the execution. To make us
all safe from a killer? I have yet to
be harmed by someone serving life
without parole.

You said that to urge Gov. Beas-
ley to grant clemency was to under-
mine the Rule of Law. It is true that
the law duly sentenced Adams to-
die. But it is the same law that, in its
wisdom, gives the governor the
power to prevent an execution.

Whatever the intentions of your
editorial, it in effect showed that
our state gained nothing from this
execution except bloody hands, and
you denounced those who would
have the governor exercise his le-

gal right to stop an execution. So
who is undermining the rule of law
here? °

Christopher Blackwell

Greenville

Decision not to grant
clemency disappointing

I was very disappointed with the
decision that Gov. David Beasley
made not to give clemency to Syl-
vester Adams the mentally retarded
man from Rock Hill.

I was also disappointed with the
governor’s comments stereotyping
that only liberal-minded thinkers
wanted to spare Mr. Adams life.

My response to the governor’s re-
marks are: I believe that God al-
mighty himself must be liberal also,
for he said in his holy word, “Blessed
are the merciful for they shall obtain
mercy.”

Louise Jones
Fountain Inn

State and governor
wrong regarding Adams

Recently, the state of South Caro-
lina murdered Sylvester Adams. He
should not have died strapped to a
gurney, with intravenous lines
pumping poison into his blood-
stream. Adams should not have had
to lie in the execution room and wait
to fall asleep while being observed
like he was some kind of laboratory
rat.

Adams was mentally retarded. His
1Q of 65 to 69 prevented him from
being able to adequately defend him-
self or assist those who were trying
to help him. Furthermore, the moth-
er of the victim Adam’s killed 16
years ago signed two affidavits op-
posing the execution. If she was able
to find it in her heart to ask that he

not die a horrible death, why was it
necessary for the state to kill a man
whose crime, though gruesome, pal-
es in comparison to most that appear
on the news today and result in les-
ser punishments?

Adams was no vicious criminal
who thrived on evil. Only months
ago, he intervened to save the life of
a prison employee who was being as-
saulted by other inmates. Does this
sound like a man who deserves to
die?

Adding insult to injury in this affair
is Gov. David Beasley’s callous atti-
tude. Beasley could have simply re-
jected Adams’ pleas for clemency,
expressed his regrets, and gone on
with his life. However, the governor
chose to attack those who oppose
the death penalty by making them
responsible for other flaws in the
criminal justice program and, conse-
quently, all of the problems plaguing
our society.

Iam one of those Gov. Beasley
lashed out at. I would not consider
myself a supporter of liberal policies,
though. I oppose the death penalty
because of my Christian beliefs.

M. Kyle Thompson

Greenville

wi és Ba YEASA nS

WOOMER vy. AIKEN

677

Cite as 856 F.2d 677 (4th Cir. 1988)

ever, Reynolds does not provide a plausible
alternative source for the definition. of
“tract” to supplant the natural source for
its definition: the instrument creating an
interest in the property. In particular, we
do not think, contrary to Reynolds’ argu-
ment, that § 881(a)(7) admits of ad hoc
definitions of “tract” by federal courts on a
case-by-case basis. Given clear statutory
language allowing for the forfeiture of an
entire tract based upon use of a portion, we
think that that language should be literally
followed.

Reynolds’ reliance upon judicial decisions |

involving alcoholic beverage prohibition
statutes is misplaced because the language
of those statutes is markedly different
from § 881(a)(7). For example, in United
States v. About 151.682 Acres of Land, 99
F.2d 716 (7 Cir.1938), cited by Reynolds,
the Seventh Circuit concluded that.a prohi-
bition statute was not intended to permit
the forfeiture of an entire farm when a
distillery on the farm was forfeited. The
statute provided for the forfeiture of “the
distillery, distilling apparatus, and all real
estate and premises connected therewith,”
id. at 719 (emphasis added), and the Sev-
_ enth Circuit did not perceive “proof that
there was a connection or relation be-
tween the farm and the distillery,” id. at
720 (emphasis added). By contrast, Con-
gress did not choose such limiting lan-
guage, in enacting § 881(a)(7), but clearly
contemplated a broader scope of forfeiture
by providing for forfeiture ‘in whole”
based upon use of property “in any manner
or part” to facilitate federal drug law viola-
tions.

III.

[3] Reynolds’ further contention that
the district court’s findings of fact do not
support its conclusions of law is without
merit. Her argument is that the district
court found that only the house, driveway
and swimming pool were used for an illicit
purpose and therefore only these parts of
the tract should be forfeited. There was
ample evidence that Reynolds knew that
parts of the subject property were being
used to facilitate illegal cocaine trafficking

and as we have demonstrated, the statute
authorizes the forfeiture of the entire tract
on which they were located.

AFFIRMED.

Eke cuted
yee aE

Ronald Raymond WOOMER,
Petitioner—Appellant,

sums

Vv.

James AIKEN, Warden; T. Travis Med-
lock, Attorney General of South
Carolina, Respondents—Appellees.

No. 88-4001.

United States Court of Appeals,
Fourth Circuit.

Argued July 11, 1988.
Decided Sept. 14, 1988.

Defendant, who was convicted of mur-
der, assault and battery with intent to kill,
criminal sexual conduct in first degree, and
kidnapping, filed petition for writ of habeas
corpus challenging his death sentence un-
der Fifth and Sixth Amendments. The
United States District Court for the Dis-
trict. of South Carolina, at Columbia, Clyde
H. Hamilton, J., denied petition, and de-
fendant appealed. The Court of Appeals,
Wilkins, Circuit Judge, held that: (1) admis-
sion of psychiatric testimony concerning
defendant’s potential future dangerousness
did not violate defendant’s privilege
against self-incrimination or right to coun-
sel, and (2) defense counsel was not ineffec-
tive in second sentencing proceeding for
failing to present expert testimony regard-
ing defendant’s past drug use and its effect
on his mental status and behavior to sup-
port mitigating circumstances concerning
his mental capacity at time of crimes.

Affirmed.

oe,

678

1. Criminal Law ¢393(1), 641.12(1)

‘Admission’ of psychiatric testimony
concerning defendant’s potential future
dangerousness did not violate defendant’s
Fifth Amendment privilege against self-in-
crimination or Sixth Amendment right to
counsel in murder, assault and battery with
intent to kill, criminal sexual conduct, and

kidnapping prosecution; defense counsel.

requested competency evaluation and con-
sented to insanity evaluation, and defend-
ant was repeatedly advised of his rights.
U.S.C.A. Const.Amends. 5,. 6.

2. Criminal Law ¢641.13(7)

Defense counsel was not ineffective in
second sentencing proceeding of murder,

assault and battery with intent to kill, crim- . iPrirnad with a pistol -alibt: tothe Keats

inal sexual conduct, and kidnapping prose-
cution for failing to present expert testimo-
ny regarding defendant’s past drug. use
and its effect on his mental status and
behavior to support mitigating circum-
stances concerning defendant’s mental ca-
pacity at time of alleged crimes; decision
was reasonable and prudent approach for
defense to take when issue of defendant’s
drug use had been unsuccessfully pursued
in first sentencing proceeding. U.S.C.A.
Const.Amend. 6.

W. Gaston Fairey (Fairey & Parise, P.A.,
Columbia, S.C., on brief), for petitioner-ap-
pellant. .

Donald John Zelenka, Chief Deputy Atty.
Gen. (T. Travis Medlock, Atty. Gen., Colum-
bia, 8.C., on brief), for respondents-appel-
lees.

Before CHAPMAN, WILKINSON,
and WILKINS, Circuit Judges. _

1. Skaar later committed suicide when the motel
in which he and Woomer were staying was
surrounded by law enforcement personnel.
Woomer received life sentences for the murders
committed in Colleton and Georgetown Coun-
ties.

2. The South Carolina death penalty statute pro-
vides that: “Upon conviction or adjudication of
guilt of a defendant of murder, the court shall
conduct a separate sentencing proceeding to de-

856 FEDERAL REPORTER, 2d SERIES |

» 4 ; *

WILKINS, Circuit Judge:

Ronald Raymond ‘Woomer, a South Car-
olina inmate, appeals from the denial of his
petition for a writ of habeas corpus, 28
U.S.C.A. § 2254 (West 1977), challenging
his death sentence under the fifth and sixth
amendments. We affirm.

Woomer was sentenced to death for one
of several murders he committed in Febru-
ary 1979. Woomer and Gene Skaar trav-
eled from West Virginia to South Carolina

on February 20 for the express purpose of

committing robbery and murder. On Feb-
ruary 22 they drove to the Colleton County
home of John Turner where they stole a
coin collection and clothing. Woomer killed

few hours. later they committed another
robbery. at a home in Georgetown County
during which Woomer killed a man, wom-
an, and young child with several shotgun
blasts to their heads. Later that same day
they robbed a small grocery store and kid-
napped two women, Mrs. Della Sellers and
Mrs. Wanda Summers. They drove to a
dirt road in Horry County where both wom-
en were raped. Woomer then marched the
women down the road and fired his shot-
gun at them. The blast destroyed the low-
er half of Mrs. Summers’ jaw, and al-
though Woomer believed that she was
dead, she survived to testify at trial. Real-
izing that Mrs. Sellers was only slightly
wounded by the shotgun -blast, Woomer
fired a fatal pistol shot to her head.

Woomer was convicted of the murder of
Mrs. Sellers, assault and battery with in-
tent to kill Mrs. Summers, criminal sexual
conduct in the first degree of Mrs. Sum-
mers, and kidnapping of both women.! Af-
ter receiving testimony during a separate
sentencing proceeding,” the jury found the

termine whether the defendant should be sen-
tenced to death or life imprisonment. .... In
the sentencing proceeding, the jury or judge
shall hear additional evidence.in extenuation,
mitigation or aggravation of the punishment.”
S.C.Code Ann. § 16-3-20(B) (Law.Co-op.1976).
Woomer elected to testify during this first pro-
ceeding, but declined to do so during the sen-
tencing proceeding on remand.

* WOOMER v. AIKEN 679
Cite as 856 F.2d 677 (4th Cir. 1988)

existence of two statutory aggravating cir-
cumstances—rape and_ kidnapping—and
recommended that Woomer be sentenced to
death. S.C.Code Ann. §§ 16-3-20
(C)(a)(1)(a) and (1)(c) (Law. Co-op.1976). On
appeal, the South Carolina Supreme Court
affirmed the convictions, but vacated the
death sentence and remanded for resen-
tencing due to insufficient jury charges
and improper closing argument from the

state prosecutor during the sentencing pro-:

ceeding. State v. Woomer, 276 S.C. 258,
277 S.E.2d 696 (1981). On remand, another
jury again found that the murder of Mrs.
Sellers was accompanied by the statutory
aggravating circumstances of kidnapping
and rape and recommended the death sen-
tence. This sentence was affirmed on ap-
peal. State v. Woomer, 278 S.C. 468, 299
S.E.2d 317 (1982), cert. denied, 463 US.
1229, 108 S.Ct. 3572, 77 L.Ed.2d 1413
(1983).

After exhausting his state post-convic-
tion remedies, Woomer filed this petition
for a writ of habeas corpus in federal
court. Although he raised numerous is-
sues below, he only pursues three in this
appeal, two of which relate to the State’s
presentation of psychiatric testimony at the
second sentencing proceeding concerning
his future dangerousness. He alleged that
' admission of this evidence violated his fifth
amendment privilege against self-incrimina-
tion and his sixth amendment right to coun-
sel. He also contended that he was denied
effective assistance of counsel because his
appointed attorneys failed to investigate
and present in mitigation available psychi-
atric and expert testimony concerning his
drug use.

The district court denied the petition,
finding that admission of the psychiatric
testimony did not violate Woomer’s fifth
amendment privilege. And, although it
found that admission of the testimony vio-
lated Woomer’s sixth amendment right to
counsel, the district court determined that

3. Although the sixth amendment issue was not
specifically raised in Woomer’s petition, the dis-
trict court considered it on the merits.

4. Mirdnda*v. Arizona, 384 US.:436, 86 S.Ct.
1602, 16 L.Ed.2d 694 (1966). Both the social

the violation was harmless.? The district
court also found that Woomer was not
denied effective assistance of counsel. We
affirm the denial of the petition by the
district court based on ‘its correct findings
that admission of the psychiatric evidence
did not violate Woomer’s fifth amendment

privilege and that he received effective as-,

sistance of counsel. We need not analyze
the district court’s reasoning regarding
harmless error for the admission of the
psychiatric testimony did not violate Woom-
er’s sixth amendment right to counsel.

II.

Shortly after Woomer’s arrest in Febru-
ary 1979, defense counsel moved for, and
the State consented to, Woomer’s commit-
ment to a state psychiatric hospital for

determination of his competency to stand
trial. In March, on motion of the State and

with the express consent of his defense

counsel, he was recommitted for an exami-
nation to determine his sanity at the time
of the alleged crimes. Woomer was found
both competent to stand trial and not men-
tally ill.

During these commitments Woomer was
interviewed by a social worker, a psycholo-
gist, and Dr. Mario Galvarino, a forensic
psychiatrist. Dr. Galvarino testified for
the State in its case-in-chief at the second
sentencing proceeding that Woomer was
given paraphrased Miranda‘ warnings
during both commitments. Specifically,
Dr. Galvarino testified that he advised
Woomer that: opr

You can tell me as much as you want, or

as little as you want, but you have to

realize that whatever you tell me can be
held' against you, since we do not have

any privacy, and I will have to forward a
~ report to the Court. :

I told him that he could tell me as much

or as little as he wanted, about the of-

fense, or the case, but whatever he told

me could be used against him since I did

worker and psychologist testified that they also
individually advised Woomer of his constitu-
tional rights prior to conducting an examina-
tion.

680

not have any privacy, furthermore, a
copy of my statement will be sent to
court. '

Dr. Galvarino further testified that Woom-
er clearly understood these warnings and
voluntarily cooperated during the examina-
tions. In fact, Woomer demonstrated his
.understanding by invoking’ his right to re-
main silent at one point during the sanity
evaluation, stating that he had been in-
formed by his counsel to say nothing about
the pending charges or any prior offenses.

Based on his studies and observations as
well as those of other examiners, Dr. Gal-
varino, responding to a question from the
prosecuting attorney, gave his opinion
about Woomer’s future dangerousness:

He’s not insane. It is my opinion that
Mr. Woomer does have an antisocial per-
sonality trait. That means that he will
not conform to authority. He will not
conform to the Law, furthermore, he
will, in all liklihood [sic], if the situation
will arise, repeat, over and over, the
crimes that he has perpetrated in the
past. This type of individual, in my opin-
ion, they thrive on people’s pain, and
they will do their utmost in order to
obtain their satisfaction, which, in this
case, only can be obtained through peo-
ple’s suffering. I do not perceive any
type of treatment for this type of individ-
ual.

Woomer argues that Dr. Galvarino’s testi-
mony on the issue of future dangerousness
violated his fifth amendment privilege
against self-incrimination and his sixth
amendment right to counsel because nei-
ther he nor his attorney were specifically
advised that the evaluations might provide
a foundation on which the examining psy-
chiatrist could base this opinion.

The Supreme Court has previously held
that future dangerousness is a permissible
consideration in capital sentencing:

Consideration of a defendant’s past con-

duct as indicative of his probable future

behavior is an inevitable and not undesir-
able element of criminal sentencing: ‘any
sentencing authority must predict a con-

856 FEDERAL REPORTER, 2d ‘SERIES

victed person’s probable future conduct
when it engages in the process of deter-
mining what punishment to impose.’
The Court has therefore held that evi-
dence that a defendant would in the fu-
ture pose a danger to the community if
he were not executed may be treated as
establishing an ‘aggravating factor’ for
purposes of capital sentencing. Like-
wise, evidence that the defendant would
not pose a danger if spared (but incarcer-
ated) must be considered potentially miti-
gating.
Skipper v. South Carolina, 476 US. 1, 5,
106 S.Ct. 1669, 1671, 90 L.Ed.2d 1 (1986)
(quoting Jurek v. Texas, 428 U.S. 262, 275,
96 S.Ct. 2950, 2957, 49 L.Ed.2d 929 (1976);
and also citing Barefoot v. Estelle, 463 U.S.
880, 103 S.Ct. 3383, 77 L.Ed.2d 1090 (1983))
(footnote omitted). The Court has further
held that expert psychiatric testimony is
generally admissible on the issue of pre-
dicting future dangerousness. Barefoot,
463 U.S. at 896-908, 103 S.Ct. at 3896-3399.
However, the psychiatric evidence must be
obtained within the parameters of the fifth
and sixth amendments as enunciated in E’s-
telle v. Smith, 451 U.S. 454, 101 S.Ct. 1866,
68 L.Ed.2d 359 (1981).

The Court in Estelle v. Smith held that
the fifth amendment privilege against self-
incrimination applies to court-ordered cus-
todial pretrial psychiatric examinations,
stating that: “A criminal defendant, who
neither initiates a psychiatric evaluation
nor attempts to introduce any psychiatric
evidence, may not be compelled to respond
to a psychiatrist if his statements can be
used against him at a capital sentencing
proceeding.” Jd. at 468, 101 S.Ct. at 1876.
Any statements which are made by a de-
fendant during such an examination cannot
be used in a capital sentencing proceeding
unless he was advised of his Miranda
rights and knowingly waived them. Jd. at
469, 101 S.Ct. at 1876. The Court further
held that a defendant has a sixth amend-
ment right to the assistance of counsel
prior to a custodial court-ordered psychiat-
ric evaluation, id. at 471, 101 S.Ct. at 1877,
but this right does not extend to the pres-
ence of counsel during the examination.
United States v. Albright, 388 F.2d 719,

BELL, Larry Gene, white, electrocuted SCSP (Lexington), October 6, 1996.

BELL, Larry Eugene, white, Lexington Co. -”On 5/31/1985, Sharon Faye “Shari”
Smith, 17, was abducted from the driveway of her Lexington, SC, home. About 2 weeks later,
9-year-old Debra May Helmick of Columbia SC, was also abducted. In 1986, Larry Eugene Bell
was convicted and sentenced to death for the kidappings and murders of Smith and Helmick.
While on death row, Bell was taken to a hospital where he received surgery to remove a tumor
from his chest, believed to be benign. The operation was performed under the watch of 2 armed
guards.”-Death Row, 1996, V. 6, page 116.

“Lexington-Larry Bell, 36, of Gilbert, was charged in May 31, kidnapping of Shari Smith ,
17, later found dead. Additional charges are also pending. He also is suspect in June 6 abduction
slaying of Debra Helmick, 9.”-USA Today, 6/28/1985.

“Saluda-Murder trials of Larry Gene Bell, 36, begi9ns today. He’s charged with iden
murder of Shari Faye Smith, 17.”-USA Today, 11/11/1985.

“Saluda-Judge ordered murder trial of Larry Gene Bell moved from Saluda County, citing
pre-triall publicity. Bell, 36, is charged with kidnap-murder of Shari Faye Smith, 17.”-USA
Today, 11/14/1985,

“Moncks Corner-Jury trial begins today for Larry Gene Bell, 36, of Gilbert, charged in
May 31 abduction slaying of Sharle Faye Smith, 17. Prosecutor will seek death penalty in case
moved 127 miles because of pre-trial publicity.”"-USA Today, 2/10/1986.

“Moncks Corner-Prosecution is expected to rest case today in kidnapping, murder trial
of Larry Gene Bell.”-USA Today, 2/17/1986.

“Moncks Corner-Jury Sunday found Larry Gene Bell, 37, guilty of kidnapping, murder of
Shari Smith, 17, last spring.”-USA Today, 2/24/1986.

“Moncks Corner-Larry Gene Bell, 37, was sentenced to die in electric chair May 15 for
‘85 kidnap, murder of Shari Faye Smith, 17.”-USA Today, 2/28/1986.

“Bell, 47, was sentenced in separate trials for two 1985 murders of Debra May Helmick,
9, and Sharon Faye Smith, 17, of Lexington Co. Debra May was kidnapped while playing in her
yard at a Richland Country trailer park. Two weeks wearlier, Smith was abducted from the
driveway of her home in rural Lexington County. Her body was found after the killer telephoned
her family and told them where she was ‘waiting’”-7he State, Columbia, SC, 5/29/1996,

NAME: BELL, LARRY EUGENE DATE OF EXEC.: PENDING NUMBER:

NT/RS: YR: 85 DR #: 4414 METHOD: TIME:
SOC. CLASS: ECO. CLASS: EXECUTION SET : NO.:
RACE: W SEX: M AGE AT EXEC.: DOB: 48/10/30
STATE: SC 2-S: CO: SALUDA [LEXINGTON] CITY: COLUMBIA 0/S
HOR: BOOK/MOVIE:

L: 3. SPECIAL LIST: ;
DATE OF CRIME: 85/05/31 +/- AGE AT CRIME: 36 CATEGORY: SK LEO:
DATE OF SENT.: 86/02/27 _ WEAPON:
CRIME: MURDER-KIDNAPPING-RAPE NO. KILLED: 2 TOTAL KILLED: 6

VICT.. CODE: WF17; WF19
CMTS#1: SHARI FAYE SMITH (17), hs student, after grad practice, kidnapped from
front of home, raped, killed after had her write a "Last Will & T.",
[she "embossed" phone number in the paper] ,
--taunted family for 5 days before telling where he hid her body **
-~he attended her funeral --she was to sing the National Anth. @ grad.
KNOWN PREVIOUS CONVICTIONS: ATTM KID.; ASSAULT; ETC

ACCOMPLICE; LAST PRINT: 1989/12/19
SOURCE: READER’S DIG. 8902; -O DET 8707; FPD 8702 | IQ LEVEL:
CMTS#2: ---DEBRA MAY HELMICK (09), playing w/brother at home, kid., rape, murder

85/06/14 called & told where to find DOS: 87/04/27 (DEATH)

--SUSPECT:
84/11/18 SANDEE CORNETT (26), “disappeared", ins. adjuster
£=92/06/21 by man trying to find well where BELL said he
dumped other bodies
75/07/31 DENISE PONCH {21], body not found
80/12/18 BETH MARIE HAGAN [17], strangled

** during the trial for her murder he sang songs and proposed marriage to
her sister in court

DR: 4 LIST: 9512

Attachment:
ALL VICTIMS: --blue eyed blonds

--brother an attorney
-—-brother a baseball player
--electrician

BARRANTYNE, James, hanged at Camden, South Cavolina, on March 2, 1827.

"Camden, March 3 - Yesterday, in pursuance of his sentence, James Barrantyne
was executed in this place. At about 12 o'clock he was taken from the gaol to
the place of execution, where he was attended by the Rev. Mr, Freeman of the
Methodist Church, Owing to weakness arising from long confinement and loss of
blood in an abortive attempt to destroy himself, a few days since, by opening

a vein, he was compelled to recline in a cart on his way to the gallows, and to
be raised and supporéed while preparations were making for his execution. He
addressed a few words to the spectators, declared that he died for that which he
had never committed; but expressed a willingness to undergo the sentence of the
law. A few minutes before 1 o'clock, he was swung offs and the body having hung
about thirty minutes, was taken down and decen interred," THE COURIER,
Charleston, South Carolina, March 10, 1827 (2:5.

"Camden, Feb. 3 = In consequence of a petition signed by a large number of res-
pectable citizens of this place, the Governor has granted a respite to James
Barrantyne, whose sentence of death was to have been executed yestérday, His
execution is therefore postponed to Friday, 2nd of March next," THE COURIER,
Charleston, Se Ce, 2=6-1827 (2=5=

"Camden, Jan. 27 = The appeal case of James Barrantyne, convicted at the last
Session of the Court of Common Pleas in this place, was decided against the
prisoner at the last Session of the Court of Appeals in Columbia, Barrantyne
has been returned to the gaol of this district; and the sentence of the Law
will be executed in this place, on Friday next." THE COURIER, Charleston, SC,
Qn1-1827 (2—4—

Carolina’s Roving Rape-Killer

(continued from page 45)

Helmick cases had been given to the
National Crime Information Center
and fed into computers. The computers
spat out three crimes with similar
modus operandi and a suspect who
resembled the sketch of the man who
had been seen kidnapping the Helmick
girl.

All three crimes had taken place in
Charlotte, North Carolina, during
daylight hours. All three victims were
young women with long blonde hair
and blue eyes.

The first had taken place on July
31, 1975. Denise Porch, a 21-year-old
assistant manager of an apartment
building, disappeared in mid-afternoon.
After a lengthy search in which she
could not be found, she was declared
legally dead on September 16, 1982.

Beth Marie Hagen, 17, disappeared
in mid-day while walking toward her
home that was not far from where
Denise Porch had disappeared. She
was described as being almost identical
in appearance to Shari Smith. She was
found strangled with an electric cord
in a wooded area a mile-and-a-half
from her home.

Sandee Cornett, a 26-year-old
insurance adjuster and part-time
model, disappeared on November 18,
1984. Someone using her bank card
withdrew $1,000 from her account.

A suspect in the Cornett case turned
up when a woman reported that she
Suspected a man she had been dating
had stolen her bank card and had
withdrawn $700 from her account. She
named Larry Gene Bell as the man she
Suspected of using the card, but there
wasn’t enough evidence to charge him
with the crime.

It was learned that Bell had been
living in the apartments at the time
Denise Porch disappeared. Bell had
also been living in the same area as
Beth Marie Hagen when she disap-
peared and was known to have been
acquainted with Sandee Cornett.

Detectives had turned up the
information that Bell had attended a
party at the home of Denise Porch
shortly before she disappeared.

The investigators in Columbia
contacted Charlotte Police Major
Larry McGraw, in charge of the felony
unit. He said Bell had been a prime
Suspect in the Cornett case and was
considered to be a suspect in both the
Porch and Hagen cases, but they had
not been able to obtain enough solid
evidence to file charges. He said Bell

was no longer living in Charlotte and
he did not know where he had gone.

The check being made by the Motor
Vehicle Registration Bureau turned up
the information that a Larry Gene Bell
was the owner of a late model Pontiac
Grand Prix with a license starting with
the letter ‘‘D’’ and was living in
Columbia.

Arrest and search warrants were
obtained. Bell was taken into custody
on two charges of first-degree murder
and two counts of kidnapping.

Investigators claimed that they
found stolen license plates on Bell’s
car with the original plates in the trunk
of the vehicle. There was also evidence
that a sticker had been scraped off the
rear bumper. Inside the house, the
investigators alleged, they found
blonde hair similar to that of Shari
Smith and Debra May Helmick.

They also located a roll of duct tape
similar to that which had been placed
over the mouths of both victims to
keep them from crying out for help.

A preliminary hearing was held on
the charges before Lexington Magistrate
James Douglas. Donald V. Myers,
11th District Court Solicitor, informed
the court that both Saluda and
Lexington Counties were in the 11th
Judicial Circuit and that he would be
prosecuting both cases.

Myers presented the evidence
obtained by the investigators that
included voice prints from telephone
calls that he said matched Bell’s voice.
He stated that the person who had
witnessed the abduction of Debra May
Helmick and picked Bell out of a
police lineup as the man he had seen
snatching the girl.

He also presented evidence that Bell

had undergone psychiatric treatment
in 1976 for a ‘‘lifelong pattern of
sexual deviation manifested by
aggressive attacks upon women.’’

Judge Douglas ordered that Bell be
held without privilege of bond pending
further legal procedures and that he
be given a psychiatric examination.

Following the hearing, Myers told
the news media that he would seek the
death penalty in both cases and would
bring Bell to trial first on the charges
of having kidnapped and murdered
Shari Smith.

He said that the fact that the
pathologists had not been able to
determine whether Shari had died
from suffocation, strangulation or
dehydration, would not hinder his

. case. He said that the law states that

anyone withholding medication from
a person that results in the person’s
death is guilty of murder.

Myers said that regardless of the
outcome of the prosecution of the
Smith case, he would definitely
prosecute Bell for the Helmick
murder, ‘‘I want to see that man die
for the horrendous crimes he commit-
ted,’’ Myers said.

A Lexington County Grand Jury
indicted Bell for the murder and
kidnapping of Shari Smith. A second
Grand Jury in Saluda County indicted
him for the murder and kidnapping
of Shari Smith.

Psychiatrists at the State Hospital
reported that they had found Bell
competent to stand trial and that he
knew right from wrong at the time he
was accused of having abducted and
killed the two girls.

By law, an indictment is only an
accusation by the state and the accused
person must be considered to be
innocent until such time as he may be
judged innocent or guilty at a fair trial.

How The Mafia Solved A Cop’s Murder

(continued from page 13)

They asked a passing village carabi-
nieri why there had been so much
violence, and he told them that the
district had always been the heart of
bandit country and always would be.
For generations, the people of Nuoro
and Orgosolo had waged “‘la Piccola
guerra’ — the little war — against the
Italian Government and their own
island administration.

‘‘The names of twenty men were
once chalked on the cemetery wall,’’
he said. ‘‘Men who had talked
unwisely to us. Within six ‘months,

nineteen were shot. They lie here in
the graveyard now. The last man fled
with a bullet in his leg to work on a
ship at sea, but they will find and kill
him, too, one day. Two executioners

are now working as merchant marine
seamen looking for him.’’

Pointing to a moss-covered corner
he added:

‘His place is already reserved.
Relatives are philosophical and know
the inevitable.’

(continued on next Page)

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next issue!

by FRANKLYN SHARPE

RED BANK, SOUTH CAROLINA
OCTOBER I, 1985

The graduating seniors at Lexington
High School in Red Bank, a suburb of
Columbia, South Carolina, held a splash
party on Friday, May 31, 1985.

Everyone was there, including Shari
Smith—a vivacious blue-eyed blonde,
who was one of the most popular girls in
school.

Her classmates had voted her the witti-
est student, but that wasn’t Shari’s great-
est talent. She had a voice. She sang with’

26 Front Page Detective

Pretty Shari Smith vanished while checking her mailbox one spring day
What most concerned searchers at first was her deadly, hidden disease

the school choir and was the soloist with
the school jazz band. She was scheduled
to sing the National Anthem at the gradu-
ation ceremonies on Sunday.

Her vocal teacher said that 17-year-old
Shari was the most talented student she
had ever taught. After graduation, Shari
planned to go on to Columbia University
to major in music.

It would seem that Shari had just about
anything a girl could want. But that
wasn’t completely true, Shari had a med-
ical problem. She suffered from a rare
form of diabetes that required constant
medication or the consumption of several
quarts of water every hour to keep from
being dehydrated.

PERVERT
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Only her relatives and a few close
friends were aware of her condition. Not
that it bothered Shari. She kept it a secret
because she didn’t want anyone to feel
sorry for her.

A little before three o’clock in the af-
ternoon, Shari Smith pulled her lithe,
tanned body out of the pool and stood in
the 100-degree sunshine to dry her bikini
bathing suit and golden wavy hair that
reached her shoulders.

She slipped into a pair of white shorts
and a pullover yellow top and started to
walk barefoot toward her car with her
boyfriend.

*‘T’Il see you tonight,’’ her boyfriend
said, It was a statement, not a question.

Me Tiel

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When the report came into the
Lexington County sheriff’s office, one
of the investigators gasped, ‘‘My God!
He’s the guy who got Shari Smith and
now he’s got a 10-year-old kid.”’

The description of the kidnapper
and the car fitted the descriptions the
investigators had obtained at the
convenience store when a call had been
placed to the Smith family.

If the kidnapper operated with the
same pattern, it seemed likely that he
would make a telephone call. The
Helmicks did not have a telephone, so
a command post was set up in the park
office to monitor all incoming calls.

A police artist prepared a sketch of
the kidnapper from the description
given by the witness. Bulletins were
made up of the sketch, a photo of
Debra May Helmick and a description
of the vehicle.

The state bureau of vehicle regis-
trations began a check for the owners
of late model Chevrolet Monte Carlo
or Pontiac Grand Prix cars with special

attention to those painted silver with |

a red racing stripe and plates starting
with the letter ‘‘D.”’

The searchers who had spent days
in the hot sun looking for Shari Smith
put in the same effort in Richland
County hunting for the new victim. It
was frustrating and disappointing as
it had been in the Smith case as days
passed without any success.

The kidnapper did not make the
telephone calls as he had in the Smith
case. Investigators worked around-the-
clock checking every possible piece of
evidence and information for some
clue to the killer’s identity.

Late Saturday afternoon, a week
following the abduction of the
Helmick girl, a call came in to the
Lexington County sheriff’s office. It
was almost identical to the call that
had revealed where the corpse of Shari
Smith could be found.

The caller said the victim was in a
wooded section of Kershaw County.
Officers from Lexington, Saluda and
Kershaw Counties raced out to the
location. They found the corpse of
Debra May Helmick. The youngster
had been strangled and violated.

Fear added to the rage of the
residents of the counties. School was
out for summer vacation and the
youngsters were vulnerable to a killer
who abducted his victims in broad
daylight.

The long hours of work by the
investigators began to pay off. All of
the known facts in both the Smith and

(continued on next page)

Dear Editor,

In response to R.W.’s letter in
the November, 1985, issue of
STARTLING DETECTIVE, yes, ho-
mosexuals are taking their chan-
ces when ‘they start cruising’ big-
city streets. However, hetero-
sexuals are taking the same
chances when they go to a singles
bar for a casual ‘pickup’ or take
home a prostitute whose name
they don’t even know. Don’t
forget, there are two sides to the
sexual orientation fence, and
heterosexuals can’t expect the
police to jump every time they get
into a scrape.

‘ R.D.
Columbus, Ohio

Dear Editor,

Here we go again, another one
of those man-gets-shafted-by-
pretty-girl stories. I’m referring to
‘One Last Kiss Before | Kill’
(STARTLING, Jan. 1986). The guy
and his two cuties worked as a
team setting up pigeons, and all
of them took turns wielding the
knife. But who gets juiced on the
chair? The guy. All the cuties got
was a stint in a prison library. | say
it’s time we had men’s liberation.
Equal sentences for equal crimes.

Jake Kelly
Chicago, Illinois

Dear Editor,

Many times I’ve read in START-
LING DETECTIVE about a killer
who claims he ‘accidentally’
strangled his victim or ‘didn’t
realize he was pressing too hard’
or some such excuse. Often the
victim seems to be well-known to
the killer. Could it-be the killer is
telling the truth? Or is it that once
having starting an assault, the
killer has lost control and goes all
the way in spite of himself? I’m a
psychology buff and this question
fascinates me.

Y.R.
Arlington, Virginia

Dear Editor,

| was shocked to hear the sen-
\_ tence given to the fiend who filled

mments from our readers,

ch issue. Any issue
ye considered, as well
rinted. Send your letters
, P.O. Box 11 Rouses
dit all letters for clarity.

a beautiful woman with enough
cocaine to kill ten people (‘Darlene
Died With A Silver Spoon In Her
Mouth’ STARTLING, Jan. 1986). A
few years in prison will 1) not serve
as a deterrent; and 2) will not be
enough time to ‘rehabilitate’ such
a monster. In fact, in the not too
distant future | expect to see this
man in STARTLING DETECTIVE
again — with a new victim.
Larry Forbes
White Plains, N.Y.

Dear Editor,

I’m becoming more and more
worried about these survivalist
types. It’s one thing to have the
right to bear arms, like the Consti-
tution says, but quite another to
stockpile explosives, mortars, and
what have you. Survivalists are
preparing for making war on their
fellow citizens — in other words,
on Americans just like you and me.
Isn’t it time restrictions were
placed on these fanatics?

Hazel Harrow
San Jose, California

Dear Editor,

| love reading STARTLING DE-
TECTIVE. | suffer along with the
relatives of victims and grow
impatient along with detectives
frustrated by a lack of clues. And |
really feel great when some small
detail breaks a case wide open and
leads straight to the killer. Reading
STARTLING DETECTIVE gives me

a thrill. Thanks.
Errol Jones
Topeka, Kansas

Dear Editor,
| think there should be more
editorial restraint in dealing with
people’s names in your stories. |
don’t think any real names at all
should be used except in the case
of convicted criminals. After all,
what difference does it make what
the victim’s name is if all the other
facts are straight?
W.R.

Atlanta, Georgia ,

Ter eat ene ese

Nog

Carolina’s Roving Rape-Killer

(continued from page 17)

pretty smart using gloves,’’ an agent
remarked. ‘‘But there’s a damn good
chance we can come up with prints
inside them.’”

The investigation centered on the
Lake Murray area. A telephone call
had been traced to a convenience store
near the lake and now the body not
far away.

With the news that Shari had been
found and was dead, the volunteer
groups who had been frustrated in
their search for her exhibited anger.
A man in one group said, ‘‘I-just hope,
I can find him, I’d nail his balls to a
burning stump.”’

Dr. Sexton reported that because the
body was so badly decomposed it was
unlikely that the cause of death could
be positively determined. He estimated
that she had probably died on Saturday
night or Sunday, prior to the time the
kidnapper had placed the calls to the
Smith home. He stated the most likely
cause of death was either from extreme
dehydration, asphixia by strangulation
or smothering.

Thursday, a reporter with a television
station in Columbia received a
telephone call from a man who
identified himself as having abducted
Shari. In a rambling conversation that
lasted about five minutes, the caller
said he was sorry she was dead.

“I just made a mistake,’’ he said.
“‘All I wanted to do was make love to
her. I didn’t know she had some kind
of a rare disease. It just got out of
hand and I got scared.’’

Fearful that it might be a hoax, the
reporter questioned the caller about
details of the abduction. The caller
knew about the hand-written letter by
Shari that had been delivered. to her
parents and other details that had not
been made public.

The man said he wanted to give
himself up but was afraid that he
would be shot. He said he would
surrender himself to the reporter and
named a place where he would be at
six o’clock the following morning.

No mention of the call was made
on the evening news broadcast. The
reporter with officers was at the spot
the caller had named in the morning.
No one showed up. They waited until
noon. The reporter went on the air to
urge the man to call him again and set
a new time and place for a meeting.

Sheriff Metts said that he did not
believe that the man ever intended to
surrender himself, ‘‘He’s taunting us
44 ‘

with that stuff about being afraid to
give himself up,’”’ Metts said. “It’s just
like the calls he’s made to the family
after he knew the girl was dead. He
wants to create a sensation. It’s some
kind of a high for him.”

Asked if the investigators had any
leads as to who the man might be,
Metts replied negatively. ‘‘I can tell
you who he isn’t’’ Metts said. ‘“We’ve
questioned about 200 persons who
didn’t kidnap or kill the girl.”

FBI Agent Tommy Davis, a specialist
in criminal profiles, collected all
available information on the crime. It
was sent to the bureau’s laboratory in
Quantico, Virginia, to be analyzed by
psychologists and sociologists. Pecu-
liarities, such as having abducted the
victim in broad daylight, the telephone
calls and other things would be
compared with previous crimes of a
similar-nature. Wi

Following the finding of Shari’s
corpse, a radio station in Columbia
suggested to listeners that they wear a
pink ribbon or tie a pink ribbon to

their car radio antennas to exhibit their °

sympathies with the Smith family. A
local florist passed out hundreds of
pink ribbons.

With no further word from the
killer, the investigators continued to
evaluate the evidence with the hope
that they would come up with something
to indicate his identity. :

‘At a press conference, Metts
informed the reporters that they still

CLASSY
CROOKS

did not have a solid suspect in the case.
He expressed his fear that unless
caught soon, the killer would kill
again.

‘‘Any time you have a killer who fits ©

a profile like this, it is my opinion that
the person who kills once will kill
again,’’ Metts said. ‘‘He will want to
continue to be the center of public
attention.’’

It was almost a prophesy. Exactly
two weeks after the abduction of Shari
Smith, blue-eyed, blonde, 10-year-old
Debra May Helmick was playing with
‘her five-year-old brother in the front
yard of their mobile home in a mobile
home park on Old Percival Road in
Richland County at four o’clock on
Friday afternoon.

A neighbor, who was in the kitchen
of his home, saw a car pull into the
park, turn around and stop near the
Helmick house that faced the street.

A man jumped out of the car,
snatched the screaming and kicking
little girl, threw her into his car and

‘sped away. The girl and the car were
gone before the neighbor could come
out of his house.

The girl’s father had been in the
house at the time, but had not heard
his. daughter’s screams because the air
conditioning had been going at the
time and was unaware of the abduction
until he heard the neighbor shouting
and pounding on his door.

The Richland County sheriff’s office
was notified. Sheriff Frank Powell
with Lt. Jack Sullivan and a number
of deputies responded.

The neighbor was able to furnish a
good description of'the car and the
man he had seen snatch the youngster.
He described the car as a late model:
Chevrolet Monte Carlo or Pontiac

.Grand Prix, silver colored with a red

racing stripe. He was.certain that it
had South Carolina plates with the
letter ‘‘D’’, but was uncertain as to
the numbers. He also recalled that
there was a Coors beer sticker on the
rear bumper.

The man he had seen was a white

male in his mid-30s, five-feet nine- .

inches, 215 pounds with a bushy dark -
beard and receding dark hair.

The descriptions of the man and the
car, along with that of the kidnapped
youngster who had been wearing white
shorts and a plaid blouse, was broadcast
to all police agencies. The Helmick-

family, who had recently moved into

the mobile park, did not recognize the

description of the man as anyone they
knew. ‘

(continued on next page)

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(Co‘umbia, South Carolina) State January 12, 1988

Bell’s appeal refused

Second round of pleas

now expected to begin
By MIKE LIVINGSTON |

State Staff Writer

The U.S. Supreme Court Monday refused to
hear the appeal of South Carolina death row
inmate Larry Gene Bell, which ends the pro-
cess of direct appeals and begins the second
round of pleas for the man convicted of killing
a Lexington County teen.

‘The two major hurdles are past now,” said
11th Circuit Solicitor Donnie Myers. “That
would hopefully be the ball game, but it would
be folly to begin speculating on execution dates
right now.”

Sharon Faye Smith three years ago. The 17-
year-old was abducted from the driveway of
her home May 31, 1985.

Bell also was convicted and sentenced to
death for the slaying of 9-year-old Debra May
Helmick, who was abducted June 14, 1985. The
State Supreme Court has not ruled on -that
automatic appeal.

On Monday, the justices rejected argu-
ments that Bell was denied a “public trial”
because spectators were not allowed to enter
or leave the courtroom during portioris of his’
trial. In doing so, the justices upheld the State
Supreme Court's ruling last August that Bell's
conviction and death sentence were proper.

Bell's appeal options now involve “post

Myers prosecuted Bell for the murder of

conviction relief” in the circuit court,
in which he can bring up complaints
not yet heard. In many cases, this has
involved allegations that a defen-
dant's defense was inadequate. Or, he
could file for post conviction relief in
the federal courts, where complaints
such as civil rights violations might
| be alleged.

Se adlatel x Gaies soeiisena anes

An appeal on the federal level
would proceed to the 4th Circuit Ap-
peals Court in Richmond, Va., and

’ “then on to the U.S. Supreme Court
} again. A circuit court appeal wotld
go again through the State Supreme
Court and then to the U.S. Supreme
Court.

Bell's attorney, Jaék Swerling,

said Monday that it is llkely the:Aew
appeal will be for post covers.
lief through the state courts, but he
will not be Bell's lawyer wher that
happens. In fact, the appeals scésario
could take on a bizarre twist Adw.

“I won't handle the appeal on‘ the
Smith conviction because the’'igsue
usually addressed is the effectiveness
of counsel,” said Swerling. “fwwvill
make sure the appeals process! fbe-
gun, then I will gracefully bof out.

“But I am still handling hifap-
peal on the Helmick case. So, éfi:one
hand, I will arguing his case in; the
S.C. Supreme Court on the second
conviction while, on the other: hand,
somebody else will be filing pogt'¢on-
viction-relief on the first conviction,
in which the effectiveness df-imy

of an $<.254 Re PS
MS bs : ; ¢ ane
Snot nee ee ag a eg tent tre tre bay Rem TF

BE epecfed jee SO

counsel will be questioned.” sé

Swerling said he expects the tate
Supreme Court to hear the appa on
the Helmick oase by June-:" \w

~..,

NIN —

11:E6

All newspaper articles are the best copy available.

434

the penalty phase of the trial that, under
state law, the petitioner would be ineligible
for parole should the jury decide to impose a
life sentence rather than the death penalty.
The Supreme Court held that the trial
court’s failure to so instruct the jury violated
Simmons’ due process rights because the
state “conceal{ed] from the sentencing jury
the true meaning of its non-capital sentenc-
ing alternative, namely that life imprison-
ment meant life without parole.” Jd: at ——,
114 S.Ct. at 2193. In Simmons, however,
the trial court failed to give an instruction
dealing with penalty at the penalty phase of
the trial. In Bell’s case, the trial court failed
to give an instruction dealing with penalty at
the guilt phase of the trial.

[31] Moreover, here unlike Simmons, the
trial judge corrected any misleading impres-
sion that the State’s argument may have
given to the jury. During jury instructions
in the guilt/innocence phase, the trial judge
informed the jury that “[(t]here is another
verdict in this case and that is not a defense.
It is guilty, but mentally ill. As I said, that
is not a defense, like not guilty by reason of
insanity. Rather, it is a form of guilty ver-
dict.” The jury was also instructed before
deliberations in the guilt/innocence phase
that it “was concerned only with the question
of guilty or innocence. Your sole attention is
to be focused on that determination and your
decision is to be made completely aside from
any consideration relative to punishment.”
There is an “almost invariable assumption of
the law that jurors follow their instructions.”
Shannon, —— U.S. at —., 114 S.Ct. at 2427
(quoting Richardson v. Marsh, 481 U.S. 200,
107 S.Ct. 1702, 95 L.Ed.2d 176 (1987)). The
trial judge’s instructions to the jury that a
GBMI verdict was a form of guilty verdict, in
addition to his admonition that the jury
should only concern itself with the verdict
rather than the sentence, sufficiently dis-
pelled any confusion that the Solicitor may
have caused and did not present the jurors
with a “false choice” in their verdict.

We conclude for these two reasons that the
State’s argument did not deprive Bell of his

Sixth, Eighth, and Fourteenth Amendment
rights.

72 FEDERAL REPORTER, 3d SERIES

IX.

[32,33] Bell next argues that the trial
judge improperly denied a motion for mistri-
al after the trial judge made comments in the
jury’s presence suggesting he disbelieved
Bell’s defense. Bell asserts that the trial
judge’s comments denied him his right to a
fair and impartial trial under the Sixth,
Eighth, and Fourteenth Amendments. On
review of state proceedings, the question is
whether the trial judge’s involvement ren-
dered the trial fundamentally unfair. Gas-
kins v. McKellar, 916 F.2d 941, 948 (4th
Cir.1990), cert. denied, 500 U.S. 961, 111
S.Ct. 2277, 114 L.Ed.2d 728 (1991).

(34] Throughout his testimony, Bell fre-
quently rambled giving -nonresponsive an-
swers. His behavior prompted the trial
judge to intervene and instruct Bell to an-
swer in a lucid manner. Bell charges that
the trial judge’s intervention detrimentally
affected the jury’s impartiality. Bell cites
the following remark as the most egregious
example demonstrating his belief that the
trial judge improperly commented on the
validity of Bell’s mental state. The trial
judge said: “Mr. Bell, I am telling you. I
know, Mr. Bell, that you understand the
question.” This remark was made, however,
after Bell had repeatedly not answered the
questions posed to him. We find that the
trial judge’s comment did not render Bell’s
trial fundamentally unfair. As this court ar-
ticulated in Gaskins, a trial judge’s com-
ments should not be reviewed in isolation but
in the context of the whole trial. Jd. When
examined under this standard, it is evident
that the trial judge was simply maintaining
order in his courtroom and keeping the pro-
ceedings moving along. Furthermore, the
trial judge, aware of how his comment could
potentially be misconstrued, gave the follow-
ing curative instruction:

Ladies and gentlemen of the jury panel, in

addressing Mr. Bell I stated Mr. Bell, you

understand the question. By that no juror
should draw the inference that in any way

I am commenting on the facts. That was

not a comment or statement or opinion by

me in regard to Mr. Bell’s mental capacity
to understand anything at all. Those mat-
ters are solely left up to you ladies and

‘ae, Toe ge Sse Pee Ts Ay aS
ie Sta 3s ct SRR Te SA Ticat co

ES REE Sr ER SERS RSE Te eNO

SN ee

are

gentlemen of the jury panel.
please disregard [sic] that rema
as being inadvertent and not an
of opinion. Just: simply my
addressing Mr. Bell in that part
disregard it.

On the evidence of record, this
clearly corrected any bias or pre
jury might have inferred from
judge’s remark.

[35] A trial judge is vested \
discretion to control the taking of
and in recognizing the trial judge’:
do so, we conclude that the tr
remark did not prejudice Bell r
Bell’s trial fundamentally unfair.
mark was not noteworthy in the
the entire trial and was neutrali:
trial judge’s subsequent curative i

{36] Bell further argues that h
should be reversed on the grounds
tive assistance of counsel becaus
that his trial counsel failed to pres:
both the guilt: and sentencing p
dence of Bell’s dysfunctional fami
tory of chronic psychosis: '

We need not go into the allege:
his childhood that have surfaced
Bell’s conviction: The record clea
strates that: Bell’s trial counsel d
exhaustively investigate Bell’s per:
ry. With this information, Bell’s
sel consulted with Bell and tog
made knowing and informed de
how to proceed at trial. Bell’s tr
testified during the PCR hearing
consciously chose to portray Be
illness by-focusing on his increas
disturbance during his adult life.
Bell’s contention that: his. trial cou |
diced his defense by failing to p
dence regarding his childhood is °
This failure to introduce evidence
Bell’s family history was.simply
decision made with Bell’s consent.
ry v. King, 765 F.2d 451 (5th Cir.
denied, 476 U.S. 1164, 106 S.Ctf
L.Ed.2d 731 (1986).

We therefore conclude that j{
counsel was not ineffective and
Sixth Amendment rights were nc

the trial
or mistri-
‘nts in the
isbelieved
the trial
right to a
he Sixth,
ents. On
uestion is
nent ren-
ur. Gas-
948 (4th
961, 111
).

Bell fre-
nsive an-
the trial
ell to an-
rges that
imentally
Bell cites
egregious
that the
d on the
The trial
g you. I
‘tand the
however,
rered the
that the
ler Bell’s
court ar-
ze’S com-
lation but
d. When
evident
aintaining
r the pro-
nore, the
ent could
he follow-

panel, in
Bell, you
t no juror
any way
That was
‘pinion by
| capacity
nose mat-
idies and

BELL v. EVATT

Cite as 72 F.3d 421 (4th Cir. 1995)

gentlemen of the jury panel. I ask you
please disregard [sic] that remark I made
as being inadvertent and not an expression
of opinion. Just simply my manner of
addressing Mr. Bell in that particular. So
disregard it.
On the evidence of record, this instruction
clearly corrected any bias or prejudice the
Jury might have inferred from the trial
judge’s remark.

[35] A trial judge is vested with broad
discretion to control the taking of testimony,
and in recognizing the trial judge’s efforts to
do so, we conclude that the trial judge’s
remark did not prejudice Bell nor render
Bell’s trial fundamentally unfair. The re-
mark was not noteworthy in the context of
the entire trial and was neutralized by the
trial judge’s subsequent curative instruction.

[36] Bell further argues that his sentence
should be reversed on the grounds of ineffec-
tive assistance of counsel because he feels
that his trial counsel failed to present, during
both the guilt and sentencing phases, evi-
dence of Bell’s dysfunctional family and his-
tory of chronie psychosis.

We need not go into the alleged details of
his childhood that have surfaced only after
Bell’s conviction. The record clearly demon-
Strates that Bell’s trial counsel did, in fact,
exhaustively investigate Bell’s personal histo-
ry. With this information, Bell’s trial coun-
sel consulted with Bell and together they
made knowing and informed decisions on
how to proceed at trial. Bell’s trial counsel
testified during the PCR hearing that they
consciously chose to portray Bell's mental
illness by focusing on his increased mental
disturbance during his adult life. Therefore,
Bell’s contention that his trial counsel preju-
diced his defense by failing to present evi-
dence regarding his childhood is unfounded.
This failure to introduce evidence regarding
Bell’s family history was simply a strategic
decision made with Bell’s consent. See Ber-
ry v. King, 765 F.2d 451 (5th Cir.1985), cert.
denied, 476 U.S. 1164, 106 S.Ct. 2290, 90
L.Ed.2d 731 (1986).

We therefore conclude that Bell’s trial
counsel was not ineffective and that Bell’s
Sixth Amendment rights were not violated.

XI.

We next turn to Bell’s argument that the
trial court violated his Sixth, Eighth, and
Fourteenth Amendment rights by failing to
give certain jury instructions. First, Bell
contends that the jury, during both the guilt
phases and the sentencing phases of the trial,
was confused as to the difference between
the verdicts of guilty and GBMI. Second,
Bell argues that the trial judge failed to
instruct the sentencing jury that Bell did not
have to establish mitigating factors by a pre-
ponderance of the evidence. Finally, Bell
asserts that the trial judge failed to instruct
the sentencing jury that it could not consider
Bell’s mental illness as a factor in aggrava-
tion of punishment. We find Bell’s claims
meritless.

[37,38] No evidence in the record sup-
ports Bell’s conjecture that the jury was
confused as to the difference between the
verdicts of guilty and GBMI during either
the gui phase or the sentencing phase of his
trial. Simply because the jury rejected the
GBMI defense and rendered a guilty verdict
during the guilt phase does not mean that
the sentencing jury failed to reconsider Bell’s
mental illness when they rendered his death
sentence. The jury has the duty to decide
what weight to give to the evidence adduced
at trial. Blystone v. Pennsylvania, 494:US.
299, 110 S.Ct. 1078, 108 L.Ed.2d 255 (1990).
In the instant case, both the magistrate
judge and the district court found that the
Jury charge was proper in all respects, and
that the trial judge properly instructed the
jury as to the applicable South Carolina law
at each juncture of the trial. There is no
indication that the jury failed to follow the
trial court’s instructions at both phases. See
Richardson v. Marsh, 481 U.S. 200, 206-07,
107 S.Ct. 1702, 1706-07, 95 L.Ed2d 176
(1987) (holding that it is invariably assumed
that jurors follow their instructions).

[39,40] Next, Bell contends that the trial
Judge’s failure to clarify to the sentencing
Jury that Bell’s burden of establishing statu-
tory mitigating factors by a preponderance of
the evidence during the guilt phase differed
from his burden of establishing statutory

ae Ee ee

it ea a i YF eae RD

waht

436 72 FEDERAL REPORTER, 3d SERIES

mitigating factors during the penalty phase.
We find Bell’s argument meritless. There is
no constitutional requirement that a trial
court instruct the jury specifically that the
defendant does not bear the burden of prov-
ing mitigating circumstances. In the instant
case, the trial judge stated that the jury
could consider “whether the defendant has
proven by any evidence the existence of miti-
gating circumstances.” Furthermore, after
citing three specific examples of statutory
mitigating circumstances," the trial judge in-
structed the jury that they should not limit
their consideration of nonstatutory mitigat-
ing circumstances to the statutory examples
and that they could consider any other cir-
cumstances as reasons for either imposing a
life sentence or not imposing the death sen-
tence. Additionally, the trial judge clarified
that the jury did not “have to find the exis-
tence of a mitigating circumstance beyond a
reasonable doubt.” We find that the sen-
tencing jury was not precluded from consid-
ering as mitigating factors, any aspect of
Bell’s character, or record; or any circum-
stances of the offense that Bell proffered as
justifying a sentence other than death. Ed-
dings v. Oklahoma, 455 U.S. 104, 110, 102
S.Ct. 869, 874, 71 L.Ed2d 1 (1982); see
Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct.
2954, 2964-65, 57 L.Ed2d 973 (1978).
Therefore, the sentencing jury’s determina-
tion of Bell’s death sentence did not violate
the Eighth Amendment.

[41] Finally, Bell asserts that the trial
judge failed to instruct the sentencing jury
that it could not consider Bell’s mental illness
as a factor in aggravation of punishment. In
making this argument, Bell assumes the jury
sentenced him to death because it believed
Bell’s mental illness made him a greater risk
to society. We disagree. Bell’s contention is
purely speculative. He fails to present any
evidence supporting his belief that the jury
treated his mental illness as a nonstatutory
aggravating circumstance, and not as a miti-
gating factor. Furthermore, the trial judge

12. The trial judge instructed the sentencing jury
that their consideration of mitigating circum-
stances should include, but not be limited to, the
following statutory mitigating circumstances:

(1) the murder was committed while the de-
fendant was under the influence of mental
or emotional disturbance;

instructed the jurors that Bell’s mental ill-
ness was to be considered only as a statutory
mitigating circumstance. Contrary to Bell’s
assertion, the trial judge’s instructions did
not treat Bell’s alleged mental illness as an
aggravating factor instead of a mitigating
factor. Zant v. Stephens, 462 U.S. 862, 885,
103 S.Ct. 2733, 2747, 77 L.Ed.2d 235 (1988).
And, Bell presents no evidence that the jury
interpreted Bell’s alleged mental illness as an
aggravating factor. See Richardson, 481
U.S. at 206-07, 107 S.Ct. at 1706-07. We
conclude, therefore, that Bell’s Sixth, Eighth,
and Fourteenth Amendment rights were not
violated.

XII.

[42,43] Bell next contends that the
State’s comments during the penalty phase
injected an arbitrary factor into the determi-
nation of the jury’s verdict, thus denying him
his Sixth, Eighth, and Fourteenth Amend-
ment rights. Specifically, Bell argues the
State implied (1) that the State was the
personal lawyer of the victim’s family; (2)
that Bell was less than human (ergo, more
deserving of death); and (3) that Bell did not
deserve the protection of the legislative and
judicial systems. To prevail on these claims
Bell must prove that the State’s comments
“‘so infected the trial with unfairness as to
make the resulting conviction a denial of due
process.’” Darden v. Wainwright, 477 U.S.
168, 181, 106 S.Ct. 2464, 2471, 91 L.Ed.2d 144
(1986) (quoting Donnelly v. DeChristoforo,
416 US. 637, 645, 94 S.Ct. 1868, 1872, 40
L.Ed.2d 431 (1974)).

[44] Although a prosecutor’s closing ar-
gument may be grounds for reversing a con-
viction, Berger v. United States, 295 U.S. 78,
85-89, 55 S.Ct. 629, 632-33, 79 L.Ed. 1314
(1934), Bell fails to substantiate his objec-
tions to the State’s comments. Bell is at-
tempting to extract unconstitutional implica-
tions from the State’s argument and use
them to his advantage. Despite Bell finding
the remarks distasteful to his case, we con-

(2) the capacity of the defendant to appreciate
the criminality of his conduct or to con-
form his conduct to the requirements of the
law was substantially impaired; and

(3) the mentality of the defendant at the time
of the crime.

atti

¥,

waite
i

BUTLER v. DAVID
Cite as 72 F.3d 437 (4t

clude the remarks did not carry such implica-
tions or so infect Bell’s trial with unfairness
as to make his resulting conviction a denial of

. due process. DeChristoforo, 416 U.S. at 643,

94 S.Ct. at 1871. Instead, we find that the
State’s arguments were consistent with the
record and were rationally inferred from the
abundance of evidence that had been pre-
sented at trial.

XII.

[45,46] Finally, Bell contends that the
evidence was insufficient to support the
jury’s verdict that he was guilty. The stan-
dard of review for sufficiency of the evidence
claims in criminal cases is “whether, after
viewing the evidence in the light most favor-
able to the prosecution, any rational trier of
fact could have found the essential elements
of the crime beyond a reasonable doubt.”
Jackson v. Virginia, 443 US. 307, 99 S.Ct.
2781, 61 L.Ed.2d 560 (1979). The record
demonstrates overwhelming evidence sup-
porting the jury’s guilty verdict. This argu-
ment is merely a last-ditch effort to plead
that Bell was mentally ill at the time he
committed the offenses, and that the trial
court erred in failing to direct a verdict of
GBMI when the jury returned a guilty ver-
dict. We find that the defense had ample
opportunity to establish at trial that Bell was
mentally ill at the time of the crimes and
could not conform his conduct to the require-
ments of the law. In fact, the defense made
the strongest case possible that Bell was
mentally ill. The State, simply presented
contradicting evidence establishing Bell had
the capacity to conform his conduct to the
requirements of the law at the time Bell
committed the crimes. We conclude that a
rational trier of fact could have returned a
verdict of guilty beyond a reasonable doubt
instead of GBMI.

XIV.

For the foregoing reasons, we affirm the
district court’s denial of Bell’s federal habeas
petition.

AFFIRMED.

4nm<

7 RICHARDSON'S LAW REPORTS (SOUTH CAROLINA) 327.
BLACKLEDGE, William and MOTLEY, Thomas, whites, hanged Walterboro, SC, March 3, 185).

"Thomas Motley and William Blackledge, convicted of the murder of a slave, were hung at
Walterboro, Se Ce, on Friday last (March 3, 185) in pursuance of their sentence, The
large concourse of spectators conducted themselves with much propriety, and there was
not the slightest exhibition of any disapprobation or resistance to the laws, =
CHARLESTON MERCURY.' RICHMOND ENQUIRER, Rychmond, Va., March 10, 185).

".seewere executed on March 3, 185), at 12 o'clock, The detachment which started with
the prisoners (from Charleston to Walterboro) on board COLONEL MYERS for Jacksonboro,
were joined by another detachment of troops from Comanche and at Jacksonboro Ferry
were joined by dragoons that had gone on by land from Charleston, On Friday morning
they marched into Walterboro and a little before 12 in the yard of district jail, the
prisoners were hanged. They seemed humble and prepared for their fate, William
Blackledge leaves a wife and five children, Thomas Motley was not married, He was
visited by two of his brothers at Walterboro whom he bade to tell his parents that he
was comforted by the hope that he had madd peace with God, No effort made to rescue
the prisoners, Motley was executed first, and Blackledge, who was a spectator of the
scene, with perfect composure, made requests of the officer in reference to the mode of
his own executioneee"

TIMES, New York, NY, March 22, 185) (3/2.)

Walterboro, Se Ce, executions in 185). A slaveholder was maddened at the loss of a
young slave who ran away and avoided capture for some time, He and a neighbor, using
the neighbor's dogs, ran down a black after a long chase, who though not the slave
being sought died during the chase and his badly mangled corpse found a few days
later. Some said the hounds had caught and killed him, Others said the white men

had clubbed him to death and then fed parts of the body to the dogs. Both were tried
and sentenced to die. As one of them was wealthy it was feared a rescue attempt would
be made and the Governor ordered a batallion of infantry to Walterboro which formed a
hollow square about the gallows and the two men were hanged in the midst of suppressed
excitement. The Atlanta, Georgia, DAILY CONSTITION of April 20, 1877, states that this
was the first hanging of white men in the South for killing a black of which it had
any record,

"Thomas Motley has been convicted at Walterborough, S. Ce, for the murder of a runaway
slave, It was proved on the trial that the moster first shot and then whipped the
slaves after which he put him in a vise and tortured him, He then set him loose and
started bloodhounds after him, who ran him down, mangled him horribly, and then, as a
consummation of his fiendish purposes, he cut up the body of the slave and fed his
flesh to the dogs, The Charleston papers generally rejoince at the conviction of this
fiend in human shape,"

TIMES, New York, New York, November 19, 1853,

See the sentence passed by Judge O'Neall in ANNALS OF NEWBERRY, Part I, by James Belton
O'Neall, LL.D.3 Newberry, SC: Aull & Houseal, 1892, pp 318-320, Filed in SOUTH CAROLINA}
BOOK AND MAGAZINE EXCERPTS,

BLAKE, Jack, black, hanged Georgetown, March 27, 1908.
“Georgetown, S. C., March 27.-Jack Blake, a negro about thirty years old, was hanged
here today for the murder of Jim Green, a constable, also colored, about two years ago. Green

was attempting to arrest Blake when killed.
“Blake maintained an appearance of stolid indifference until he was marched from his cell

to the scaffold, when he broke down and began to cry.
“Seventeen minutes after the trap was sprung life was pronounc

Atlanta, GA, 3/28/1908 (4/6).

ed extinct.”-Constitution,

owed himself in favor of
‘ent of the Fugitive Slave

the Personal, Liberty Bills,
rritories, and the admission
-s. Hs promised to aid in
upt by the incoming Admin-
y ‘constitutional rights,’ and
iguiticant emph: asiv, ‘We de-
stinetly understood that we
nowledga of\the import of
ve pledge ourselves to such
which may be

oar

our
the meats
vic ctfective.
9 doubt of his then position,
inding paragraph of his ad-
at time:—‘‘When the painful
forced itself on the conviction
brotherboud can be no longer
6 mutual confidence in which
ons sists—in a word, when re-
beccme hopeless, and it shall
ch may God forbid!) that our
t lia wide apart, let us do all
sonable men to break the force
amity by departing in peace.
cthat we have public obliga-
4 abroad which, for our good
¢ dishonored—that we have
within and without—on the
es and towns, in our widely
il improvements, in our fields
es—which must not be incon-
antonly sacrificed. If, ondey/
boou of our prosperity, we can
t to enjoy it in common, lét us
ossess on the one hand, and

, 9?

he other, and save the Repub-\.

he world has seen—from the
War and the degradation of
.
hese ideas in 1860 because he
ba popular. Henow assails
the alleged charge of holding
hich ho himself then enter-
d.
aemory is singularly defective.
btin the very trap which he
laid for Mr, Greetey. He has
his own petard. He has
yer grasp at the wheel of for-
ae has any hopes of carrying

w York—but in the event of |

on, to claim the crown of
the reward of defeat, either
Cabinet, or a foreign mission,
sich. General Dix has long
30f alltrue minds. He has
cd anything, as occasion and

His nrocnecta of electi

have turned the editorial dess into a card table

and amuse themse! ves with a leuchré deck.

Everything cur present Sheriff touches seems
to Sesenestg meaty into trickery and de-
moralization.”” |

There a very deceptive counterfeit So
United States currency note afloat. It is very
like the original, and can only be detected by.
comparing the words ‘United States. " T+ the
good note they ar2 delicately shaded and cleariy
defined, and in the bad one heavily sbaded and
rather crowded. =~ y |
, THE STATE.

Ii is estimated that no less th4n filty g gallons
of whiskey were imbibed 1a thg town of Abbe-
ville, Afonday last. |

The debating clab in Abbeville decided cn
Monday night that‘ Universal Suffrage was not
beneticrYal to mankind. An eminently correct
decision. pp ;

The caterpillars are pretty bad inthe neigh-
borhood of Greenwood and are dging serious
harm to the crops. | /

Prof, Rivers, of the South Carolina niver-
sity, will lecture before the’ Sumter Lyceum, at
its regular mohthly October meeting,

IRW HITLOCK, a native of Greenw ood, shot
himself accidently, with a pistol, on last Fri-
day, and of the effects of the wound has died.

The Barnwell. Journal has changed its name
to The Musonic Workman, and is now devoted J
the interests of tha Musonio fraternity.

Srucon Brack is to be hung at Lexington
Court House to-day, unless Gov. Scotr does
the usual thing and pardons him. |

| “
|
|

THE NATION, |

Artesian wells dourish in Chicigo. Twenty-
one have been sunk, and in evety case abun-
dance of water has been Ubtalited.| |

Albany, N. Y., hasa cork factory that makes
200,000 corks daily, and a checker actory that
turns out 150 checkers &@ minute, |

Gen. Spinner, the United States Treasurer,
decides that when amutilated note has fire-
eighths left it suall be redeemed at its full
value. ‘

A Japanese scholar i in one of the New Haven
schools, having boen insulted by a schoolmate
recently, sent & note to one of the instructors,
requesting permission po kill the offender. .

The best definition of scandal ever given,
according to ARTHUR Herxps, was that of the lit-
tle girl who described it thus:—'‘Nobody does
nothing, and everybody goes on telling it every-
where.” That Is better than:dictionary.

A snake with ten rattles bit a negro woman
while ploughing i ina field in Macon County,

‘Ala. When discovered the woman was dead,

Uluilaliuiis CU iaurc, tuo cChislo Uvlsvi
ticket cap be elected.
NEWBERRY.

Tne Regniars’ County Convention met o
17th, and nominated the following ticket:

_ Senate—H. O. Corwin.

For Representativ es—Sampson Lridgea, J
Baston, and Isom Greenwood.
For Judge of Probate—James C. Leahy,
For Clerk of Court—Jease C. Smith.
For ShertfY—J. J. Carrington.
For. Schou! Comm: ssioner—M. 8. Long,
For County Cor Sao ore Deane
Alan Rice, Thomas het

For Coroner—Jsmes Henderson.

Heaolutionus were sdopted endorsing the re
tepublican ticket.

The Beltere’ Executive Committee in Colu
claim that there was a bolt from the Conve
which fook cif a majorivy, so that another
will probably be put forth before long,

“ KERSHAW.
The following are the two tickets in this cy
Regulars,

vepresentatives—A. W. Hough, |}

Frauk Adamson.

Sheriff—Samnuel Place.

Clerk of Court—h. E. Wall.

Probate Jadge—J. F. Sutherland.

School Commissioner—Frank Carter.

County Commissioners —Berj. McCaskill,
Jobnson and John A. Boswell,

Coroner—h. RB. Player.

Bolters,

Repreaentatives—Jobn A. Cheanut, Scott Bb
Witham Boykin.

Sheriff—J. 8S. Meroney.

Clerk of Court—A. Dibble.

School Comm issioner—Jas, Whitaker.

County Commiissiouers—J. F.
man; Frank Moses, Dan’! Harris.

The Congervativesare to hold a meeting f
ganization on the 28th instant.

The Camden -/vurnal, in an editorial of
length, saye:

We believe our policy is to encourage tha

3. Webasave, on tbe contrary, go chilled
vy liscouragement, that if they bad not thr

ta of great strength among themselves,

aoa havetbrown uptheir arms and left the
to their adveresries. We may yet push then
that position. In that case, we would hare
able to drive avery good trade inthe lia
counties. We seetbat our cotemporary, fory
we entertain the highest respect, the South |
linian, suggests a convention of slithe Li
and Conservative elements of the people tod
mine upon some policy. Weare not sure wh.
it is really rest to use the machinery alrea
existence to effect theend. We suggest, {
‘stance, that the Central Executive Comuiitt:
the Democrats invite the Democrats, Cons
tives and Liberal Republicans to send one
gate each from every county, to meet wit!
Committee, and determino a policy which
unite them allin harmonious action of some }
Of all people in the world we need harmony
union among ourselyes,

met +O -O-o pa
FuatTreginGc TO Native TALENT.—As an
dence of the hizh estimation in which
Cuapin’s very populsr work entitled, ‘
Hugh St, Clair,” cr, the “Rebel Boy of S
Carolina,” is held, we copy from the Sou

awe

». D. Ga

Sutbherland,¢€ —

Chaclestr Daily Courier 4/20/72 2:2

i corre Ce
ASAE!

ere eH! NighticaltsThe right pant leghadie
jumpsuit,: a rae LJ
Bell appeared to die seconds after the first cyclelof 2.000 Volts entered his body, Causing it to
become limp. ths Ag

Closure for families. Tears welled in Debra Helmick Lowe's eyes after she witnessed the Ls NI °

"It's a closure as far as not having to hear Mr. Bell's name all the time," Cartrette said. "| was

We hope People will never forget Shari and Debra's names," Cartrette Said. "We'l] always

The execution contained little of the melodrama that Surrounded Bel] after his arrest for the .
Murders.

Investigators know Bell abducted Helmick and Smith outside their homes in northeast Richland
County and Red Bank, respectively,

And they think he Sexually assaulted both girls before he suffocated them by wrapping duct tape
around their heads.

Bell executed after losing appeal

By JOHN HEILPRIN
Of The Post and Courier staff

COLUMBIA — A former electri-
cian who called himself the Son of
God, and whose murders of two
girls gripped the Midlands with
fear one summer, was put to death
in the electric chair early today.

Larry Gene Bell, 47, of Gilbert,
was condemned to die for the June
1985 murders of 17-year-old Shari
Faye Smith and 9-year-old Debra
Helmick. He was pronounced dead
at 1:12 a.m.

Bell, who had been on Death Row
since March 1986, reportedly made

no statement.

Witnesses said he showed no
emotion, and his eyes were shut be-
fore his head was covered.

On Thursday, the state Supreme
Court and the 4th U.S. Circuit
Court of Appeals turned down last-
minute appeals from Bell’s lawyers
to stop the execution. Gov. David
Beasley refused to grant clemency.

Bell’s lawyers, who contended he
was too mentally ill to be executed,
sought a final-hours court order to
stop the execution. But the U.S. Su-
preme Court denied the appeal.

Outside the governor’s mansion,
several death penalty opponents

gathered in protest with candles.

“I believe that it’s wrong for us
to imitate those we condemn,” said
the Rev. Monsignor Thomas Duffy
of St. Anthony’s Catholic Church in
Florence. “The state of South Caro-
lina is going to carry out a profes-
sional hit job, a professional act of
killing.”

Sisters Maigread Conway and
Colleen Waterman, two nuns with
Our Lady of Mercy in Charleston,
said it was even more inexcusable
to execute someone like Bell with
obvious mental problems.

About 90 death penalty support-
ers gathered Thursday night at the

Broad River Road prisons complex,
while opponents met nearby.

Charlotte-Mecklenburg police
had hoped Thursday to elicit an-
swers from Bell as to the where-
abouts of the body of Sandee
Elaine Cornett, a 26-year-old insur-
ance adjuster and part-time model
whom Bell is believed to have ab-
ducted and killed in 1984.

One of Bell’s defense attorneys
denied the police last-minute ac-
cess to Bell to interview him about
the Cornett case, prison spokesman
John Barkley said.

In the days between the murders
and Bell's arrest, parents kept their

children at home and summer
camps emptied. Bell was captured
after 28 days,
during which he
taunted one vic-
tim’s family by
phone, describ-
ing how he
killed: her.

“It was abso-
lutely total pan-
ic and fear,”
llth Circuit So-
licitor Donnie
Myers, who Bel
prosecuted Bell, recalled Thursday.
“It was such a bad state that for

‘The Post and Courier, Charleston, S.C., Friday, October, 4,1996

the next three days after his arrest,
people would call up and say, ‘Are
you sure you’ve got the right
one?’”

Bell kidnapped Shari from her
Lexington County home and took
Debra two weeks later from her
Richland County home. Investiga-
tors say he raped Shari and may
have raped. Debra before suffocat-
ing them by wrapping their heads
with duct tape.

Bell’s lawyers and mental health
experts testified he was schizo-
phrenic and believed he was Jesus
Christ. Myers contended it was a
simply an act.

= ae 6 siya eit my ee " ia ae Eye,
jfite also Kept to hims elf any knowledge he: mig) aunave had about the 19 84 dis UR
"Charlotte woman, whose body has never been g fon Pelee

Several Charlotte investigators spent Thursday; abth

them where to find Sandee Elaine Comett's bodys
Eastern Airlines in Charlotte. ee.

he had dated one of Bell's co-workers at

But he refused to meet them.

"He played his games right up to the last moment." said 11th Circuit Solicitor Donnie Myers, who
Prosecuted Bell. "He was Sadistic to the end." ;

Bell did not want to speak with anyone Thursdays
Wednesday in Preparation for his execution. ;

even Say goodbye to his mother."

He was the fourth killer executed in South Carolina this year and the ninth overall since 1977, XS
when state lawmakers restored capital punishment. Ww
ly

Bell chose to be executed in the electric chair rather than die by lethal injection, which the State
last year adopted as its preferred execution method.

John Allard covers State prisons and Corrections issues. He can be reached at ON
771-8358 or by fax at 771-8430.

3 as

a 3p ti c
®f ti, a
met

EDT, 9

Bell faces his death in silence
Convicted in '85 killings, he choses electric chair =,
Saturday, Oct. 5, 1996 * e

By JOHN ALLARD, Staff Writer ..

A quick, violent bolt of electricity ended the life of Larry Gene Bell early Friday.

Bell, a 47-year-old Gilbert electrician, was put to death in South Carolina's electric chair for the
1985 murders of Debra May Helmick, 9, and Shari Faye Smith, 17.

The electric chair, first used 84 years ago when people viewed electricity as a technological
marvel, proved to be a crudely efficient death machine for Bell.

Here's an account of his last moments:

When a prison official opened the curtain, Bell sat still in the electric chair center Stage in the -
brick-walled, vinyl-floored execution chamber.

“He was the calmest person in the room," said Daniel Westbrook, one of Bell's attorneys. "He
was fine while they put the gel on his head."

‘Léathér straps*bound Bell's arms, shoulders, waist, chest and ankles to the chair. Metal screws

attached all of the straps to the back of the chair.

Bell's eyes and mouth were closed. The palms of his hands were resting flat on the arms of the
chair.

Bell didn't move while two men put a leather strap around his head, buckling it to the chair's back.
They then placed a leather hood on his head.

Shortly after 1 a.m. Friday, three anonymous executioners in a room with a one-way mirror
simultaneously pushed three red buttons on a small metal box to switch on the electric chair.

Only one button turned on the power, and the executioners did not know which one it was. The
electricity entered Bell's body through a three-part headpiece, composed of a sponge, a metal ring
to conduct electricity and a black leather outer layer. The grounding wire was attached to a metal

from Page 1-B

1984. Police searched, hoping to
find the body of part-time model
Sandee Cornett of Charlotte, who
was abducted from her home in
November 1984. Nothing was
found.

. “Hopefully, before he dies, Bell
will tell someone where that wom-
an’s body is and put that family’s
minds to rest,” Myers said.

While killing the two girls was
senseless and should be deplored,
Bell should not be executed, say
those who oppose the death penal-
ty.
“We are struck by the futility of
sane people executing a mentally
deranged individual, supposing it
will show their disapproval of kill-
ing,” said Bruce Pearson of the
South Carolina Coalition to Abolish
the Death Penalty.

The Smiths, who refused to be in-
terviewed, have forgiven Bell, said
Rick Cartrette, the family’s chosen
electrocution witness and Shari’s
maternal uncle. “That’s the kind of
faith that they have,” Cartrette
said.

The Helmicks have not been so
forgiving.

“He says he’s the Son of God.
Well, the Bible says an eye for an
eye and a tooth for a tooth,” said
Margaret Helmick, Debra’s aunt. “I
hope he feels the pain he put on
those two girls.”

Last year, South Carolina put to
death another man with mental
problems. Sylvester Adams, who
according to tests was mildly men-
tally retarded, died by lethal injec-
tion Aug. 18, 1995, for killing a
neighbor.

State officials doubt Bell’s insani-
ty. Myers calls it an “insanity act.”

f Colum-
ire pretty,
it Lexing-
cheduled
m at her
y, June 2,

) gradua-
orted as
it =©3:30,

es went to
te Springs
he father

es of
n like

told them he saw his daughter pull into
the driveway at 3:30 p.m. get’ out of
the car and walk to the post box.

“‘T thought she was getting the
mail,’’ the worried father said.

Fifteen minutes later, he looked out
the window again and saw the car still
parked where it was. He walked out
to the car. The engine was running,
and the driver’s door was open, but
no Shari.

The father checked in the house and
down the road but saw no sign of his
daughter. Worried, he called the
sheriff’s office.

It was strange, the deputies admit-

ted, damn strange. A single set of
Shari’s footprints led to the post box,

lodge where body was found
according to the mystery man’s }

explicit instructions.

indicating she had not walked back to
the car or house. And her purse was
still inside the car — significant
because it contained medicine she took
for water diabetes, a rare and poten-
tially lethal disease.

Deputies searched along the high-
way and into the woods on both sides.
They were assisted that evening by
police bloodhounds and two airplanes,
one equipped with a powerful flood
light. -

Personally in charge of the search
operation was Lexington Sheriff
James R. Metts. Kidnappings were
unheard of in his lightly populated”

community, but it seemed the only

logical explanation. :
(continued on page 46)

The Man With A Hole In His Head

(continued from page 45)

on the Giberson phone. It turned out
to be that of a small stationery sales.
organization in mid-town Manhattan.

Next stop for the little sleuth from
the sticks: that stationery outfit.
Parker, knowing that Ivy Giberson had
often gone off to religious and anti-
booze and anti-nicotine jumbo revivals,
wondered if she hadn’t met Lover Boy
at one of those conclaves. So, playing
a hunch built on a certain amount of

‘ reasoning, he inquired of a girl at the
telephone switchboard of the stationery
outfit if any of its salesmen were strongly
anti-liquor and anti-tobacco.

The girl laughed, ‘‘Oh,’’ she said,
‘‘you must be looking for Mr. Gordon.
Bert Gordon.”’

Parker asked where Bert was. Bert,
it seemed, had suddenly toppled off
the wagon with a loud thump. He could
be found, the girl supposed, in a speak-
easy around the corner.

Ambling into the speakeasy, Parker
spotted a dashing-looking man sitting
at a table in a dark corner, a bottle at
his elbow—Bert Gordon in the flesh.

Dropping down at Gordon’s table,
Parker just sat looking at the fellow
for a minute or so. Gordon, looking
back, asked: ‘‘Who are you, anyway?”’

Parker flashed his badge. ‘‘Oh, my
God!”’ yelped Gordon: “‘I swear I didn’t
have a thing to do with that!”’

‘‘With what?’’ asked Parker.

‘With the murder of that man Gi-
berson down in Lakehurst.”’

‘*‘Who’s accusing you?”’

“You are, aren’t you?”’

“I don’t know-yet. But you’d better
come clean with the whole story—
whatever it is.”’

Gordon put the bottle to his lips and
took a deep swig. The darkness about
him was thickening. Engulfed in a welter
of woe, he let go with a tornado of
venomous phrases against Ivy Giber-
son. ‘*She’s a devil, that woman.”’
Gordon wound up. ‘‘A devil!”’

‘‘Let’s get to the point,’’ said Parker.
‘*‘Just what do you know about the
murder of William Giberson?’”’

‘*I know she did it.’’

“Why?”

‘‘Because she hinted as much to me
a month or so ago. She wanted us to
get married, and she suggested, in an
offhand way, that the two of,us get
together and shoot her husband in the
head with a gun of his own while he

was asleep. Murder’s not in my line,
believe me, and when she proposed that,
I ran like hell.”’

‘“‘Then you think she did this all
alone?’”’

“That woman,” said Bert, ‘‘is ca-
pable of anything.”

Parker was a great subscriber to the
theory that, as the liquor goes in the
truth comes out, ‘so he just sat there,
drinking coffee, while Lover Boy Bert
finished the bottle, started on a new
one and continued to talk. Bert kept
reiterating that Ivy Giberson had pro-
positioned him ‘to help her do away
with Old Goat William.

And there was something about the
way Bert shuddered when he told the
story that impressed Ellis Parker—
impressed him with the conviction that
Bert Gordon, fraudulent man though
he was, was no killer. Bert, in short,
just didn’t, to Parker’s way of think-
ing have the intestinal fortitude to
commit murder. Having access to Ivy
was one thing; knocking off the
woman’s husband for the privilege was
something else again. In other words,
why should Bert Gordon have murdered
to get something he already had? No,
Bert Gordon was not, Parker finally
decided, guilty of any participation in

the murder of the contractor.

Parker now thought of a question
that he had neglected to ask. ‘‘Did Ivy
Giberson,’’ he inquired of Bert, ‘‘ever
suggest how to get rid of the gun after
murdering her husband?’’

Gordon laughed grimly. ‘‘I’ll say she
did.’’ Gordon said that there was an
oldfashioned outhouse behind the
A. & P. store. The outhouse hadn’t been
used for years. Nor, Ivy had told Bert,
had it been cleaned. ‘‘She said the thing
to do would be to drop the gun down
the hole in the seat of that outhouse
and nobody would ever find it.’’

‘Parker returned to Lakehurst. He
set a couple of cesspool experts to work.
And that was how he came upon a
.32-caliber revolver—a weapon that he
quickly traced to the ownership of
William Giberson. Ballistics tests

showed that the bullet which had gone.

through Giberson’s forehead had come
from that gun. And this did Righteous
Ivy in, but good. The self-made widow
drew a long prison jolt. She might,
however, have gone scot-free had it not
been for the ability of Ellis Parker to
pick two psychological flaws in the story
of the murderess. And she might never
have committed the murder so as to
marry Bert had she known the whole
truth about the man. Bert, the sly stinker
who had taken advantage of the wife
of the man with a hole in his head,
had had a wife of his own all along! *

— Cat-And-Mouse Killer

(continued from page 15)

Shari had no reason to run away.
In fact, she had every reason not to.
Graduation was Sunday, and after-
ward she was booked on a cruise to
the Bahamas, a present from her
parents.

It also didn’t make sense that she
would leave behind her purse which
contained her diabetes medicine. Her
disease was extremely rare with only
a few cases of the illness recorded in
South Carolina.

Without the medicine, Shari needed
to drink three to four liters of water
every hour to keep from dehydrating.
Without the water or medicine, she
would pass out and die within three
days.

It was a race against time. The
search continued through Saturday,
with over 100 deputies and volunteers
taking part.

As they tramped through the woods
and back trails in the sticky, 100-
degree heat, sheriff’s detectives
checked out reports of suspicious
vehicles cruising Platte Road Friday
afternoon. One of the vehicles, a late-
model yellow Chevrolet Monte Carlo,
was driven by a dark-haired, bearded
man, who was seen near the Smith
home shortly before Shari disap-
peared.

The description was radioed to
patrol deputies with instructions to
stop the car and bring the driver in
for questioning.

Saturday afternoon, searchers found
a red bandana like the one Shari was
wearing when she disappeared. It lay
beside Platte Springs Road two miles
east of the Smith home. Bloodhound-

(continued on next page)

led trackers
found no ot!
girl.

““We are
admitted She:
anything. We
vanished.’

Schoolmat
Lexington Ba
attended ser’
house and in
word on thi
shocked, oth
have happen

On Mond
on televis!
daughter’s s:
totaling $!
leading to h
announced.

The same
a phone call
remorseless
the man saic
suit and ter:
abducted.
isn’t a hoax

The mar
napped the
He didn’t m
seem intere:

‘The sea
wrong place
you to have

He said
written a |
could pick
office.

The Smit
ordered a
home to {:
He also ar
calls to the
South Cal:
Division,
agency, ¢!

(co

Winner:
answert
ville, K
Horton,
of $50;
Martin
Runner
in thos
tulation
winners

Ke LL

by HENRY RADNER

oO meaner man alive,”’

the weary South Caro-

lina searcher said. ‘‘So-
meone who would kidnap a
girl, then torment the family
like that ain’t human. Frank-
ly, | don’t know what’s going
to happen after we catch’m.

The sheriff didn’t know either and
had instructed his men to be ‘‘extra
professional’’ in the event they made
an arrest. The last thing he wanted was
a lynch mob.

Such things were unheard of in the
Midlands area of South Carolina, near
Columbia, the state capital. But
tolerance was in short supply as
searchers sweated in 100 heat in a
race against time to find a pretty
teenager abducted from in front of her
home.

It was one of the cruelest crimes in

history — a fact not unnoticed by the

kidnapper, who gleefully tormented
the girl’s family, played cat and mouse
with police, and enjoyed reading about
himself in the papers. It was so much
‘*fun,’’ he did it twice.

The girl was 17-year-old Shari
Smith, from the Red Bank area of

Larry Bell’s heavy handwriting
left a faint trail for sharp-eyed
sleuths to follow.

Debra Helmick’s abduction had
all the hallmarks of the ‘cat-and-
mouse’ killer.

just out of police reach

Lexington County, south of Colum-
bia. Blonde haired and picture pretty,
Shari was an honor student at Lexing-
ton High School and was scheduled
to sing the National Anthem at her
graduation ceremony Sunday, June 2,
1985.

But Shari never made it to gradua-
tion. Instead, she was reported as
missing by her father at 3:30,
Friday afternoon. 2

Lexington sheriff’s deputies went to
the Smith home on rural Platte Springs
Road, west of Red Bank. The father

One of two police sketches of

the suspect killer. It fit him like
a tailored glove.

‘game’ with a phone call telling where to find

som the body.

Clot

1757

told them h
the drivew:
the car anc
**T tho
mail,’’ the
Fifteen n
the window
parked wh
to the car
and the d:
no Shari.
The fath«
down the 5
daughter.
sheriff’s 0!
It was s
ted, damn
Shari’s foc

When defense counsel asked about his
client’s mental state on the day of Shari
Smith’s abduction, the witness said, ‘‘I
think it was very likely he was psychot-
ic’’ and unable ‘‘to conform his conduct
to the requirements of the law.”’

On Saturday, February 22nd, testify-
ing as a rebuttal witness, another psychi-
atrist said that when she interviewed Bell
following his 1976 arrest, ‘‘his main
concern seemed to be what was going to
happen to me,’’ When two of the counts
against him were dropped, she added,
‘*He seemed to think once again he was
off the hook and had beaten the system.

‘*..We found no evidence of his hav-
ing a major psychological problem....It
was my opinion that he assumed the role
of a sick person as long as it was to his
advantage to appear sick.”’

Doctors, she recalled, recommended
that Bell spend some time in a controlled
environment following his discharge be-
cause ‘‘we felt he was a dangerous hu-
man.

‘‘If there was any chance at all of
finding one shred of conscience in the
man,’’ she went on, ‘‘I was all for that.’’

In his final argument to the jury, the
defense counsel said, ‘‘It seems to me
the state of South Carolina is asking us to
bury our heads in the sand and go back
the Sixteenth Century, when people with
mental problems were treated like every-
body else.

‘‘We do know he made phone calls.
Those phone calls are weird. You tell me
if those are the calls of a man with a
rational mind, or a man who has lost it.’’

Although acknowledging that Bell
was not insane at the time of the crime
and knew right from wrong, he contend-
ed that the defendant’s mental state made
it impossible for him to confirm his ac-
tions to the requirements of the law.

Solicitor Myers countered by portray-
ing Bell as a sadistic killer who deserved
an ‘‘Academy Award”’ for faking mental
illness. ‘‘He wants sexual gratification
any time, any place he can get away with
it, and the only time he is sorry for it is
when he got caught.”’

On Sunday night, February 23rd, after
just 55 minutes of debate, the jury of
seven women and five men returned a
verdict of guilty against Bell for the kid-

napping and murder of Shari Smith.

During the penalty phase of the trial,
an acquaintance pointed out that Bell
loved to talk and play with neighborhood
children. ‘‘He became something like a
playmate. They would go over and ask
for, ‘Mr. Larry’.”’

Commented a former co-worker of the
defendant: ‘‘You don’t expect a man
who was thirty-some-years old to go on
for months about Halloween.

‘*He would bring a little pumpkin (to
work) and pass out treats to everybody.
This was very important to him.”’

At 2:15 on Thursday afternoon, Feb-
ruary 27th, after two hours and 20 min-
utes of deliberation, the jury returned to
the courtroom to announce that Larry
Gene Bell should pay for the murder of
Shari Smith with his life. Judge Smith
sentenced Bell to death in the state’s
electric chair on May 15th, a sentence
automatically stayed by appeals to the
South Carolina Supreme Court.

Said Solicitor Myers as he left the
Berkeley County courthouse on that chill
winter afternoon, ‘‘The death penalty is
too good for him.”’

The Fire Starter... (from page 20)

George. At 12:35 p.m., he signed the
form and told the detectives that he un-
derstood his rights.

For the next six hours, Sergeant
George and Detective Cavanah, sepa-
rately and together, interrogated Side-

bottom. His story squared with Harper’s -

story in some important details, but con-
flicted in others.

Harper was brought into the room fora
confrontation with Sidebottom. The two
men continued to disagree. Sidebottom
did tell the officers that he had drunk
approximately 15 beers, smoked one
joint, and had about 10 mini-whites, a
form of speed. He also stated that he
believed someone had slipped some
more mini-whites into his beer, because
he became very drunk.

His claim that his mind was a blank
was not surprising, considering his con-
sumption of drugs and alcohol.

Sidebottom told the detectives that he
loved his grandmother and wanted to co-
operate in the effort to find her killer.
Thus, he consented to give samples of
his head hair and pubic hair. He also
agreed to have fingernail scrapings taken
and to be photographed. ’

As Detectives Cavanah and Schmidlie
were receiving the hair samples, they

60 Official Detective

noted that Sidebottom’s body bore a sur-
prising number of scrapes and scratches,
which appeared to be of recent origin. He
allowed the officers to photograph the
marks on his hands, arms and torso.

Cavanah and Schmidlie would later
testify that during this interrogation and
the gathering of trace evidence, Sidebot-
tom appeared almost impassive.

The young man also told the officers
that the muddy boots he was wearing
were the same ones he had worn on the
night May was killed. At Sergeant
George’s request, Sidebottom removed
the boots and tumed them over to be
processed for signs of blood.

The officers decided that they did not
have enough evidence to arrest Sidebot-
tom, although he was certainly the prime
suspect. After six hours, he was re-
leased.

Detectives Schmidlie and Dennie Jan-
sen went to the home the victim’s grand-
son shared with relatives and requested
permission to search it. Although Side-
bottom had already signed a search waiv-
er, the detectives asked the family mem-
bers to sign a waiver, too.

' The distressed family members signed
the waiver and produced clothes they
believed Bobby had worn on the night of

the slaying. But other witnesses told the
detectives that those clothes were not the
ones Sidebottom had worn, so the offi-
cers returned the following day and
found a pair of muddy jeans hanging on
the clothesline. They also found a towel
and a washcloth that appeared to have
blood on them.

Detectives spent the next few days in-
terviewing and reinterviewing witnesses
involved in the case, and in reviewing
the evidence.

On October 8th, Robert Sidebottom
was arrested and charged with the mur-
der of his grandmother, May Sidebot-
tom. The prosecutor was going all the
way with this case—the charge was Mur-
der One.

In the state of Missouri there are only
two possible penalties for first-degree
murder—life in prison with no parole, or
death in the gas chamber. If the jury
found Bobby guilty of murder in the first
degree, there would be a second trial
phase. In this penalty phase, the prosecu-
tion would be able to present evidence
that was not acceptable in the first phase
of the trial. At that stage, the defendant’s
previous criminal record could be
brought in.

Prosecutor Matt Whitworth believed
that the case against Sidebottom was
strong, but he also knew that the jurors

might have difficulty believing that any ©

young man could kill his own grand-

mother in
knew that
was centra!|
Harper.
record ot |!

against his |,

charge was
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Harper t
for his life

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prosecutor

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prosecutor
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was in Fi
wanted to |

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illitera?

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fight <
Coalit
1-800

» assistance of counsel.

nd. 6.
4.1, 311

defendant was not enti-
larifying differences be-

uilty and guilty but men-

her guilt or sentencing

e no evidence supported
; confused on this issue;
arged, and fact that jury
mentally ill defense in
mean that jury did not
s mental illness before
itence. U.S.C.A. Const.

$1159.2(9)

to decide what weight to
duced at trial.

1213.7
1

Jeath penalty in capital-
t violate Eighth Amend-
rial court did not instruct
t defendant did not have
ing factors by a prepon-
ence; jury was instructed
ry deféndant had proved
ting factors by any evi-
d not limit, consideration
tutory mitigating factors
sider any other circum-
t did not have to find
ing factors beyond a rea-
3.C.A. Const.Amend. 8.

796

nstitutional requirement
uct jury specifically that
case does not bear bur-
gating circumstances.

defendant's constitution-
iolated by failure to in-
‘y that it could not con-
‘ntal illness as aggrava-
endant failed to present
rting belief that jury
illness as nonstatutory
ance, and trial court in-
defendant’s mental ill-

eer en

Rms

Ba Tie sh

SESE

Bare
ree

Rae

SSS pea Aes:

BELL v. EVATT

425

Cite as 72 F.3d 421 (4th Cir. 1995)

ness was to be considered only as statutory
mitigating circumstance. U.S.C.A. Const.
Amends. 6, 8, 14.

42. Constitutional Law €=>268(8)
Criminal Law €723(1)

State’s comments during penalty phase
of capital-murder trial did not carry unconsti-
tutional implications asserted by defendant,
including implications that state was personal
lawyer of victim’s family, that defendant was
Jess than human and thus more deserving of
death, and that defendant did not deserve
protection of legislative and judicial, and did
not so infect trial with unfairness as to make
resulting conviction a denial of due process,
but rather were consistent with record and
rational inferred from the evidence.
U.S.C.A. Const.Amends. 6, 8, 14.

43. Criminal Law 723(1)

To prevail on claims that state’s com-
ments during penalty phase of ecapital-mur-
der trial injected arbitrary factor into jury’s
verdict determination, defendant must prove
that state’s comments so infected trial with
unfairness as to make resulting conviction a
denial of due process. US.C.A. Const.
Amend. 14.

44. Criminal Law @1171.1(2.1)

Prosecutor’s closing argument may be
grounds for reversing conviction.

45. Criminal Law @>1144.13(3), 1159.2(7)

Standard of review for sufficiency of the
evidence claims is whether, after viewing evi-
dence in light most favorable to prosecution,
any rational trier of fact could have found the
essential elements of the crime beyond a
reasonable doubt.

46. Habeas Corpus ¢493(3)

Given overwhelming evidence supporting
guilty verdict in kidnapping and murder trial,
habeas petitioner’s contention that evidence
was insufficient to support conviction essen-
tially argued that trial court should have
directed verdict of guilty but mentally ill
when jury returned guilty verdict, but state’s
evidence showing defendant was not mentally
ill at time offenses were committed allowed
rational trier of fact to return guilty verdict.

ARGUED: Stephen G. Morrison, Colum-
bia, South Carolina, for Appellant. Donald
John Zelenka, Assistant Deputy Attorney
General, Lauri J. Soles, Assistant Attorney
General, Columbia, South Carolina, for Ap-
pellees. ON BRIEF: Elizabeth Scott Moise,
Daniel J. Westbrook, Columbia, South Car-
olina; John D. Delgado, Columbia, South
Carolina; John H. Blume, Post—Conviction
Defender Organization of South Carolina,
Columbia, South Carolina, for Appellant.

Before RUSSELL, MICHAEL, and
MOTZ, Circuit Judges.

Affirmed by published opinion. Judge
RUSSELL wrote the opinion, in which
Judge MICHAEL and Judge MOTZ joined.

OPINION
- DONALD RUSSELL, Circuit Judge:

Larry Gene Bell, awaiting execution in
South Carolina for kidnapping and brutally
murdering Sharon Faye Smith, appeals the
district court’s denial of his final petition for
writ of habeas corpus. The question before
this Court, is whether any of Bell’s numerous
“eleventh-hour” complaints warrant habeas
relief. The district court concluded that
Bell’s challenges to his conviction and death
sentence were meritless. We affirm.

On Friday, May 31, 1985, at approximately
3:15 p.m., while most of her friends and
classmates were packing for their high school
graduation trip, seventeen-year-old Sharon
Faye Smith (“Shari”) was abducted from the
driveway of her Lexington County, South
Carolina home. Discovering Shari’s car—
unattended and still running—Shari’s father
started searching for her. When his efforts
failed, Mr. Smith contacted the police. State
officials and local F.B.I. agents soon initiated
a massive manhunt for Shari, which lasted
until her body was found on June 5, 1985.

While Shari was still missing, someone
identifying himself as Shari’s abductor made
the first in a series of harassing phone calls
to the Smiths. Because the caller knew de-

A.2d 19, 24-25
4), affd 66 NJ.
Sup.Ct.1974). Nu-
tule are included to

Illustrative are
rey to advise the
‘etain the ‘attorney
yr compensation on
le value of the ser-
dating that any ap-
e made on “written
*1-7(f).

assume that there
x by Dragon or that
en fully advised of
e that the Mitzels
ypeal out of a sense
1d a commitment to
fee arrangement.
e there is an inher-
this situation, but
f Professional .Con-
ntingency fee con-
eral prohibition on
tween lawyer and
ted this appeal as if

orth above, we will
district court.

htingency fees allowed.
<erekes, The Crisis of
1 Hall Legis.J. 489, 498

aines, Contingent Fee
up, N.J.LJ., Oct. 17,
aines, Time to Rethink
L.J., Sept. 19, 1994, at
ed Contingency-—Fee Re-
pr. 11, 1994, at 8.

)

BELL v. EVATT 421
Cite as 72 F.3d 421 (4th Cir. 1995)

Coe! Larry Gene BELL, Petitioner-Appellant,
a

Vv.

Parker EVATT, Commissioner, South Car-
olina Department of Corrections; T.
Travis Medlock, Attorney General, State
of South Carolina, Respondents—Appel-
lees.

No. 94-4016.

United States Court of Appeals,
Fourth Circuit.

Argued Sept. 25, 1995.
Decided Dec. 18, 1995.

After his convictions for kidnapping and
murder were affirmed by the Supreme
Court, Ness, C.J., 293 S.C. 391, 360 S.E.2d
706, petitioner sought federal habeas corpus
relief. The United States District Court for
the District of South Carolina, Henry M.
Herlong, Jr., J., denied petition. Petitioner
appealed. The Court of Appeals, Donald
Russell, Circuit Judge, held that: (1) petition-
er failed to establish ineffective assistance of
counsel; (2) due process did not. require on-
the-record showing of petitioner’s agreement
to concede guilt on kidnapping charge as part
of trial strategy; (3) petitioner was not denied
effective assistance of counsel and due pro-
cess by use of court-appointed competency
examiner who was consultant to state hospi-
tal; (4) petitioner failed to rebut presumption
of correctness of competency findings by fail-
ing to prove competency findings were clear-
ly erroneous; (5) petitioner was not denied
right to be present during trial by refusal of
audio hookup after petitioner was removed
for disrupting proceedings during closing ar-
guments; (6) petitioner was not denied right
to public trial by limited ingress and egress
into courtroom; (7) petitioner was not denied
proper trial by refusal of clarifying instruc-
tion regarding guilty but mentally ill verdict;
and (8) trial court’s comments during peti-
tioner’s testimony did not deny him a fair
and impartial trial.

Affirmed.

1. Habeas Corpus €765.1

Federal court must grant evidentiary
hearing to habeas applicant under following
circumstances: if merits of factual dispute
were not resolved in state hearing; state
court’s factual determination was not fairly
supported by the record as a whole; fact-
finding procedure employed by state court
was not adequate to afford full and fair hear-
ing; there was substantial allegation of newly
discovered evidence; material facts were not
adequately developed at state court hearing;
or for any reason it appears that state trier
of fact did not afford habeas applicant a full
and fair fact hearing.

2. Criminal Law ¢641.13(2.1)

Conceding defendant’s guilt to kidnap-
ping charge and pursuing verdict of guilty
but mentally ill for murder and kidnapping
charges was rational trial strategy aimed at
reducing defendant’s chances of receiving
death penalty, given overwhelming evidence
of guilt, and was strategy to which defendant
consented, and thus fell within objective stan-
dards of reasonableness for counsel conduct
and did not support ineffective assistance of
counsel claim. U.S.C.A. Const.Amend. 6.

3. Criminal Law ¢641.13(1)

To prove he was deprived of Sixth
Amendment right to effective assistance of
counsel, defendant must show that counsel’s
performance fell below objective standard of
reasonableness in light of prevailing profes-
sional norms, and there was reasonable prob-
ability that, but for counsel’s unprofessional
errors, result of proceeding would have been
different. U.S.C.A. Const.Amend. 6.

4. Criminal Law 641.13(1)

Effective assistance of counsel is that
which is within range of competence demand-
ed of attorneys in criminal cases. U.S.C.A.
Const.Amend. 6. .

5. Criminal Law ¢641.13(1)

When reviewing counsel’s performance
under two-pronged standard to determine
whether it amounts to ineffective assistance,
Court of Appeals must indulge strong. pre-
sumption that counsel’s conduct falls within
wide range of reasonable professional assis-
tance. U.S.C.A. Const.Amend. 6.

CE Bell executed lO-4--9¢ South Ca mHiNe

+ nape sss

oe eee ara

ial deviation,

id, Bell told
»spital, that,
akes me lose

testifying for
hat Bell had a
responded to
saying that he
ging ‘*before

“battles of

.’ Bell said
ind, ‘‘Mona

vn defense on

Sell told the .

Smith, De-
mett, of at-
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bscene calls
e and of how

Airlines in
ring. In all
was wrong-
for the mur-

ion of Bell’s

t was irra-

nsible for
. is lawyer
s time onthe
ch he stood
! by the law-
vith the gpur-
Shari Smith.
himself and
it stands out
ng fish and

nd, Bell told
‘en baby...
R like Rob-

ad of sat dur-
‘There are

nly began to
ithout bond,
three damn
lon’t know if
t complain

es,’’ he add-
h enough to
ikers. ‘‘This

sed his leg
to the knee.
e said. ‘It’s
{ stick itin.’’
ut visions of
aying, Bell
©*ari Smith

' > \\\
ue

and I shall not explain because the family
is present....Silence is golden.’’

Back on the stand the following day,
Wednesday, Bell was asked how Shari
Smith was abducted.

*‘Silence is golden,’’ was his answer.

When Judge Smith instructed him to
answer the question, Bell—who was sit-
ting astride a wooden beam at the side of
the witness stand with his hands clasped
across his knee—grinned and said again,
**Silence is golden.”’

Moments later, when Solicitor Myers
asked if he had told Investigator Walker
that when Shari Smith died her eyes were
closed, Bell exploded in laughter.

‘‘Ain’t we having fun,’’ he said. ‘‘Si-
lence is golden, my friend.’’

To veteran courthouse observers it was
evident that Myers was trying to counter
the strategy of the defense by attempting
to show that Bell was, indeed, rational.
To some it appeared that Bell was pre-
pared to prevent Myers from succeeding.

When Myers asked about the at-
tempted abduction of a Rock Hill, South
Carolina, woman in February, 1975,
Bell’s first known assault on a female,
the defendant responded: ‘You got a

good memory.”’

As the examination continued, howev-
er, Solicitor Myers seemed to elicit the
responses that he hoped to win from Bell.
The defendant admitted that he had taken
adult-level courses at Central Piedmont
Community College in Charlotte and had
been one of Eastern Airlines’ top reserva-
tion clerks, as well as a skilled electri-
cian. Bell also conceded that he had been
seen by numerous psychiatrists over the
past decade, but only in attempts to win
for himself minimum prison time for his
assaults on women and for obscene
phone calls.

“If it hadn’t been for the doctors and
stuff, you would have gotten thirty-five
or forty years?’’ Myers asked.

‘*Yes,sir,’’ Bell responded. ‘‘Mini-
mum.”’

In June of 1976, it was noted, a South
Carolina judge had handed a five-year
sentence to Bell for attempting to abduct
a University of South Carolina coed.
Bell served two years at a minimum se-
curity prison that was so comfortable he
referred to it as ‘‘the Holiday Inn.”’

Bell told Myers that, indeed, he had
always been mentally sound. ‘‘I know in

my heart and my mind all my life that I
have no mental problems.’’

Furthermore, Bell conceded that he
had lied to psychiatrists in 1976, when he
told them of ‘‘visions and blackouts’’
and had won the light sentence for him-
self.

On Thursday, a retired psychiatrist
who had examined Bell in a Columbia
Veterans Administration Hospital in
1976 said that he believed ‘‘it is most
probable Mr. Bell suffered a psychotic
break’’ on the day of Shari Smith’s ab-
duction. Ten years earlier, he recalled,
he had diagnosed Bell as a paranoid
schizophrenic.

‘‘My impression was he was deeply
disturbed,’’ the witness said. ‘‘He would
be on the edge of psychotic. I think it
most probable that he had been through
some episodes of psychosis.’’

On Friday, a clinical psychologist tes-
tifying for the defense told the court that
Bell was a ‘‘borderline psychotic,”’
showing signs of manic depression, and
was incompetent to stand trial.

“I really viewed him early on as being
unable to help his attorneys,’’ she testi-
fied.

f \\
f\
y
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Official Detective 59

Families are Bell's other victims
Thursday, Oct. 3, 1996
By JOHN ALLARD, Staff Writer

The first thing Debra Helmick Lowe sees each in the morning is a large doll that belonged to her
9-year-old daughter.

Lowe keeps the doll in the bedroom of her Barnwell home so she can maintain her bond with the
child she never had a chance to say goodbye to.

"It's a comfort to me. It's not like having her with me, but it's the next best thing," Lowe said
Wednesday. "I still pray at night that she'll be taken care of."

Lowe hopes the execution of her daughter's killer will help ease her pain.

Larry Gene Bell, a 47-year-old Gilbert electrician, is scheduled to be put to death in the electric
chair at 1 a.m. Friday for the 1985 murders of Lowe's daughter, Debra May Helmick, and Shari
Faye Smith, 17.

The S.C. Supreme Court on Wednesday refused to review a state judge's ruling that Bell is
competent to be executed despite his serious mental illness and beliefs that he is Jesus Christ and
receives commands from God. Bell's attorneys are expected today to ask the 4th U.S. Circuit
Court of Appeals and the U.S. Supreme Court to delay the execution.

On June 14, 1985, Bell abducted Helmick while she played outside her parents’ rented mobile
home in northeast Richland County. He later killed her.

Two weeks before, Bell had killed Smith after kidnapping her while she checked her parents'
mailbox off Platt Springs Road in Red Bank.

Investigators believe Bell sexually assaulted Helmick and Smith before suffocating them by
wrapping duct tape around their heads. They consider him to be a cunning serial killer. He was the
main suspect, but was never charged, in the 1984 murder of a Charlotte woman.

Lowe chose to witness Bell's execution on her daughter's behalf.

"I just feel like I need to be there to satisfy myself," Lowe said. "Every day, something goes on

As achild, Bell lived in Alabama, Tennessee and Florida before his family moved to Columbia. He
was a two-sport athlete at Eau Claire High School, Metts' alma mater.

When he was a boy, Bell tore the legs off insects and also went into psychotic trances in which he
often refused to eat and talk.

As a teen-ager and young adult, Bell sexually abused several female relatives, according to Bell's
attorneys. Family members successfully pressured the relatives to not press charges against Bell.

One female relative said Bell fondled and stalked her from age 5 to age 13. When she was 13, she
said, he locked her in a bedroom and raped her.

"He always knew right from wrong, but he couldn't control his impulses. He got progressively
worse and wouldn't get treatment," the woman said. "I wasn't surprised when I heard about his
arrest for the murders. I knew he would eventually do something like that."

In high school, Bell had few dates. When he took girls out, he told them to "put out or get out."
Girls usually walked home after a date with Bell.

Over the years, Bell's difficulties in dealing with females developed into a pathological hatred of
women that helped transform him into a serial killer, according to investigators.

"This is a man utterly without a conscience and totally lacking in remorse," said 11th Circuit
Solicitor Donnie Myers, who prosecuted Bell. "He is the epitome of evil and the soul of sadism."

John Allard covers prison issues. He can be reached at 771-8358 or by fax at
771-8430.

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a TN SUR eva ee SIOURDONE NASM AIS ASN NaS UES ODEN IT SRO ES EMERITUS RAMEE MERNODR ROE TNH Y UVACEREN SVIHCANG YE MANGAS OOF HE AASB MI MINAS AMD) 9 Na. STA AU MONON FOOSE a Hee SHEN PIO RA
Thursday, October 3, 1996

Bell case leaves a trail of infamy

EXECUTION SET FRIDAY: He was convicted of the June 1985 murders of 17-year-old
Shari Faye Smith and 9-year-old Debra Helmick.

Associated Press |

LEXINGTON - One of South Carolina's most infamous murder cases is to end Friday with the

scheduled execution of Larry Gene Bell in the electric chair.
Bell, 47, calls himself the Son of God. But to Solicitor Donnie Myers, the prosecutor who
convicted him of murdering two girls, "Bell is the epitome of evil, the soul of sadism and the
Hannibal Lecter of South Carolina."
He was convicted of the June 1985 murders of 17-year-old Shari Faye Smith and 9-year-old

Debra Helmick. He never has publicly admitted the killings and recently told his lawyers the girls

were still alive - though investigators found both bodies.

The former electrician from Gilbert kidnapped Shari from her Lexington County home near Red
Bank. He took Debra two weeks later from her home in northeast Richland County. Investigators

say he raped Shari and may have raped Debra before suffocating them with duct tape.
A television movie, "Nightmare in Columbia County," was made about authorities' attempt to catch
him. Bell was arrested 13 days after Debra's kidnapping and after he had taunted Shari's family
numerous times by phone.
The state Supreme Court on Wednesday rejected a last-ditch attempt by Bell's lawyers to stop the
execution. Bell's lawyers argued in their appeal that their client is too mentally ill to be exe cuted.
‘A circuit judge rejected that argument last week.

During his recent competency hearing, Bell's lawyers and mental health experts testified that he
claims to be Jesus Christ. They said he claimed magical powers, and he chose to die in the electric
chair instead of by lethal injection because the chair is made of "true blue oak," the same material

of Christ's cross.
Bell told them God will keep him from feeling any pain by removing his soul as the executioner
throws the switch.
A prison social worker said other Death Row inmates have wanted to kill Bell because he smears
feces on his cell wall and himself, screams for days and refuses to flush his toilet.
Bell planned a "purification" ritual leading to his execution during which he would fast, drink only
“holy water" and not speak to anyone, his lawyers said.
Before killing Shari, Bell made her write a will, which he mailed to her parents. At first, he made
phone calls demanding ransom. Then during the three weeks before he was caught, Bell phoned
her family several times to describe how he killed her, prosecutors said.
Debra's body was too decomposed when it was found to tell whether she had been raped, Myers
said.
Though he has not admitted the killings in court or when questioned by investigators, Bell said
during one call to Shari's family that he would kill their other daughter, Dawn, as well. Dawn

Smith went on to become Miss South Carolina in 1986.
In 1992, ari unidentified South Carolina man told police that Bell showed him two bodies in a rural
Cherokee County well in 1984. Police searched, hoping to find the body of part-time model
Sandee Comett of Charlotte, who was abducted from her home in November 1984. Nothing was
found.
"Hopefully, before he dies, Bell will tell someone where that woman's body is and put that family's
minds to rest," Myers said.
While killing the two girls was senseless and should be deplored, Bell should not be executed, say
those who oppose the death penalty.
"We are struck by the futility of sane people executing a mentally deranged individual, supposing it
will show their disapproval of killing," said Bruce Pearson of the South Carolina Coalition to
~ Abolish the Death Penalty.

The Smiths, who refused to be interviewed, have forgiven Bell, said Rick Cartrette, the family's

chosen electrocution witness and Shari's maternal uncle. "That's the kind of faith that they have,"
Cartrette said.
The Helmicks have not been so forgiving.
"He says he's the Son of God. Well, the Bible says an eye for an eye and a tooth for a tooth," said
Margaret Helmick, Debra's aunt. "I hope he feels the pain he put on those two girls."
Last year, South Carolina put to death another man with mental problems. Sylvester Adams, who
according to tests was mildly mentally retarded, died by lethal injection Aug. 18, 1995, for killing a
neighbor. .
~ State officials doubt Bell's insanity. Myers calls it an "insanity act."

| Bday here to send feedback. A i) aM x “e. G6

Char le sfer- aS
fost fF Courrer

par

Retarded killer
put to death

COLUMBIA, S.C. — A man
who strangled a 16-year-old
neighbor was executed by
injection early today over

protests that he was mildly

retarded.

Sylvester Adams, 39, was the
first South Carolina inmate
executed by injection. The
legislature changed the law this
year to allow condemned
inmates to choose injection or
the electric chair.

Adams was convicted of
strangling 16-year-old Bryan
Chambers. Prosecutors said
Adams broke into Chambers’
house in 1979 looking for
money. and when he found
none, he dragged Chambers into
nearby woods and killed him.

The jury that convicted
Adams and sentenced him to
death was never told that his IQ
indicated he is mildly retarded.

Friday, August 18, 1995
Reno Gazette-Journal

(NV)

PENNSYLVANIA

PHILADELPHIA — A judge
granted a stay of execution for
‘Leon Moser, scheduled to die to-
day for shooting his ex-wife and
two daughters at a church on Palm
Sunday in ’85. Three petitions
claimed Moser was mentally in-
competent to waive an appeal.

SOUTH CAROLINA

SPARTANBURG — Gov. Beas-
ley says it’s unlikely he'll stop
Friday’s execution of Sylvester Ad-
ams, despite pleas from civil
rights, mental health and religious
groups. Adams, 39, was convicted
of the ’80 strangling of a mildly re-
tarded 16-year-old boy.

- TUESDAY, AUGUST 15, 1995 : USA TODAY

EXECUTION: South Carolina early today executed Sylves-
ter Adams, 39, for the 1979 strangulation of a 16-year-old
retarded boy who was a neighbor in Rock Hill. It was South
Carolina’s first execution since 1991 and the state’s first by

between lethal drugs or the electric chair.

- FRIDAY, AUGUST 18, 1995 : USA TODAY

injection. A new law allows a condemned inmate to choose -

ADAMS

“~~
/

(fe

{fae 1s — CK Cove fe

: aie Levis,
tb

1306

finding clearly erroneous. We therefore
conclude that the Yangming bill of lading
contemplated cargo handling by stevedores
not only during original loading and even-
tual final discharge, but also at interme-
diate ports.

The restowage of SPM’s cargo was, ac-
cording to the district court’s findings, typi-
cal in that it was done to take on additional
cargo and to relocate SPM’s cargo to a
more .convenient location for final dis-
charge. Maher’s actions were therefore
done in furtherance of the Yangming bill of
lading, and, by virtue of the Himalaya
clause therein, Maher is entitled to the
benefit of the $500 per package damage
limitation of COGSA.!°

VI. CONCLUSION

We conclude that the district court erred
in limiting Blue Anchor’s liability to SPM to
$500 and should have rendered judgment
for $42,800. We also conclude that the
district court correctly held that negligent
restowage of cargo at an intermediate port
is not a deviation that abrogates contractu-
al and statutory limitations on liability, and
that Maher is entitled to the benefit of the
Himalaya clause in the Yangming bill of
lading. Accordingly, the district court

10. SPM relies on the district court decisions in
Cabot Corp. v. S.S..Mormacscan, 298. F.Supp.
1171 (S.D.N.Y.1969), aff'd, 441 F.2d 476 (2d Cir.
1971), and Mitsubishi International Corp. v. S.S.
Eurymedon, 1977 A.M.C. 2370 (D.Or.1977) (not
otherwise reported), but we find both cases in-
apposite. fy

In Cabot, the bill of lading defined “carrier” to
include “persons rendering services in connec-
tion with the performance of the contract.” It
did not specifically mention stevedores. The
defendant stevedore argued that it was, under
the bill, a “carrier” entitled to the $500 COGSA
limitation that had been contractually imported.
The district court noted that the Supreme Court
in Herd required clear language to extend con-
tractual liability limitations to third parties, and
suggested that the quoted phrase might not suf-
fice. That was the ground on which the Second
Circuit affirmed. In this case, stevedores are
specifically mentioned, so that is no concern.

The district court in Cabot went on, however,
to hold that the stevedores were rendering ser-
vices regarding other shippers’ goods, because
the damage to the plaintiff's goods occurred
after those goods were already safely stored in
the hold, and while other shippers’ goods were
being loaded. In this case, the damage oc-

; sinc sa

black, LI SCS (York County) August 18,

ee
a

1995

965 FEDERAL REPORTER, 2d SERIES

properly limited the liability of Yangming
and Maher to SPM to $500. The order of
the district court will be affirmed in part
and reversed in part, and the case will be
remanded for entry of a corrected judg-
ment and for final resolution of Blue An-
chor’s indemnity claim, as well as other
proceedings that have yet to be concluded.

sums

Sylvester Lewis ADAMS,
Petitioner-Appellant, _

anil
—

James AIKEN, Warden, Central
Correctional Institution,
Respondent-Appellee.

No. 91-4000.

United States Court of Appeals,
Fourth Circuit.

Argued Feb. 3, 1992.
Decided May 19, 1992.

Habeas petitioner, whose original con-
viction and death sentence were reversed

curred while Maher's employees were physically
handling SPM’s cargo. The district court's hold-
ing in Cabot is certainly questionable as prece-
dent (the Second Circuit specifically declined to
base its affirmance:on that ground, and other
courts have not followed the district court’s rea-
soning), but -is distinguishable in any event.

In Mitsubishi, the Himalaya clause exempted
stevedores employed in connection with the per-
formance of the carrier’s obligations. Damage
occurred to Mitsubishi’s cargo when a stevedore
at an intermediate port was discharging other
cargo and damaged the hold where Mitsubishi's
cargo was stored, allowing seawater to enter.
The stevedore did not, apparently, handle Mitsu-
bishi’s cargo itself, and the district court accord-
ingly found as a fact that the stevedore did not
perform any services with respect to Mitsubi-
shi’s cargo. The court therefore concluded that
the Himalaya clause was no defense to the ste-
vedore’s liability.

Mitsubishi is factually distinguishable because
in this case the intermediate port stevedore was
restowing the plaintiff's cargo. When such res-
towage is customary or contractually contem-
plated, the stevedore acts in furtherance of the
carrier’s duties. Consequently, the Himalaya
clause in the Yangming bill of lading extended
the limitations on liability to Maher.

——

If -7
S, CARO lina

ADAMS v. AIKEN 1307
Cite as 965 F.2d 1306 (4th Cir. 1992)

and remanded by the South Carolina Su-
preme Court, 277 S.C. 115, 283 S.E.2d 582,
but whose second conviction and death sen-
tence were affirmed, 279 S.C. 228, 306
S.E.2d 208, sought and was denied state
postconviction relief. The South Carolina
and United States Supreme Court denied
certiorari, 476 U.S. 1109, 106 S.Ct. 1958, 90
L.Ed.2d 366. He then filed a habeas cor-
pus petition. The United States District
Court for the District of South Carolina,
Charles E. Simons, Jr., Senior District
Judge, denied the petition, and petitioner
appealed. The Court of Appeals, Butzner,
Senior Circuit Judge, held that: (1) deci-
sion, finding jury instructions similar to
those used in petitioner’s trial violated due
process, would not be applied retroactively;
(2) petitioner failed to show finding of com-
petency made by state habeas court and
Supreme Court was incorrect; (8) improper-
ly obtained incriminating statements did
not require suppression of later validly ob-
tained confession; (4) defendant. was not
denied effective assistance of counsel; and
(5) South Carolina’s definition of kidnap-
ping was not unconstitutionally vague on
its face.

Affirmed.

1. Constitutional Law ¢=268(11)
Criminal Law ¢€~789(7, 8)

In capital murder trial, instructions
equating “reasonable doubt” with “moral
certainty” and “substantial doubt,” requir-
ing that the doubt be “serious or strong
and well-founded” diluted the reasonable
doubt standard, and allowed the jury to
find defendant guilty by measure of proof
that failed to meet the requirements of the
due process clause. U.S.C.A. Const.
Amends. 5, 14.

2. Courts <=100(1)

Cage decision, finding that jury in-
structions equating reasonable doubt with
moral certainty diluted reasonable doubt
standard and lowered burden of proof an-
nounced a new rule, and thus could not be
applied retroactively to case brought on
collateral review; new rule did not fall
within exception for rules placing an entire

category of primary conduct beyond the
reach of criminal law or type of offender
beyond punishment, or the exception for
rule requiring observance of procedures
implicit in the concept of ordered liberty or
which altered our understanding of the
bedrock procedural elements. U.S.C.A.
Const.Amends. 5, 14.

3. Habeas Corpus @771

Habeas petitioner failed to rebut statu-
tory presumption that state habeas court
and Supreme Court correctly found that he
remained competent throughout, not just at
its commencement; though testimony was
conflicting, ample evidence supported find-

ings and conclusions on competency issue.

28 U.S.C.A. § 2254(d).

4, Criminal Law ¢641.13(5)

. Habeas petitioner was not: prejudiced
by counsel’s failure to request reevaluation
of his competency during the course of the
trial and thus could not maintain claim of
ineffective assistance of counsel. U.S.C.A.
Const.Amend. 6.

5. Habeas Corpus ¢=338

Habeas petitioner was procedurally
barred from raising claim that counsel
were ineffective at sentencing in light of
petitioner’s failure to raise issue in state
proceedings and failure to show cause for
lifting procedural bar. 28 U.S.C.A. § 2254.

6. Criminal Law ¢641.13(7) |

Habeas petitioner was not denied ef-
fective assistance of counsel at sentencing
when trial counsel failed to request mental
evaluation during second trial; evaluation
would have been inconclusive evidence of
petitioner’s mental condition at time he
committed crime. U.S.C.A. Const.Amend.
6.

7. Criminal Law <700(2)

Exculpatory evidence allegedly with-
held by the prosecutor must be considered
in light of the entire record. U.S.C.A.
Const.Amends. 5, 14. |

8. Criminal Law <700(3)

Allegedly exculpatory evidence with-
held by prosecutor was not material in
light of evidence proving defendant’s guilt;

A Np
pa AT F-/F-45

South Carolina Executes Man for Killing Neighbor

COLUMBIA, S.C., Aug. 18 (AP) —

. A mildly retarded murderer whose

last words included ‘I’m not crazy”
was executed by injection today as
he sang a religious song.

“Jesus, your baby is coming.
home,” sang the inmate, Sylvester :
Adams, before his voice trailed:

away with these words: ‘‘I love you.
I love you, Lord.”’

A few moments earlier, as he lay.
strapped on a gurney, with needles

for the injection in his arms, Mr.
Adams, 39, said: ‘‘I am the happiest
man in the world. I’m not afraid to
die. I’m not crazy.”

Mr. Adams was convicted of mur-
dering a 16-year-old mildly retarded
neighbor, Bryan Chambers, in 1979
after Mr. Adams broke into the
Chambers house looking for money.
When he found none, he dragged
Bryan into nearby woods and stran-
gled him.

Both the South Caroline Supreme

A mildly retarded

man praises Jesus
as he dies.

Court and the United States Su-
preme Court rejected arguments
that the legal system had not consid-
ered Mr. Adams’s mild retardation
or psychological problems.

The jury that convicted Mr. Ad-
ams and sentenced him to death was
not told that his I.Q. indicated he was
mildly retarded, said his appeal law-
ver, John Blume, or that he has a
mental illness that could cause him
to burst into a rage.

“This is a kid who slipped through
the cracks of the mental health
system,” Mr. Blume said, “‘the social
system and the justice system.”

Four of the five Justices of the
State Supreme Court said Mr...
Adams’s trial had been fair and.
withstood numerous appeals.

Chief Justice Ernest A. Finney Jr.
dissented, saying, ‘‘I can conceive of
few violations more shocking to the
universal sense of justice than con-
demning to death a man of abnor-
mally limited intellectual ability, a
dysfunctional childhood, and whose
trial record reflects unremediated
material errors.”’

The United States Supreme Court
rejected a final appeal without com-
ment.

Gov. David Beasley refused to
consider commuting the death sen-
tence, despite a request to do so from
the victim’s mother and opponents
of the death penalty.

Under a new law, Mr. Adams was
the first South Carolina inmate al-
lowed to choose injection instead of
the electric chair.

WY Titers Sat F-/7-7>

Slave ALBRO, hanged Christ Church Parish, South Carolina, on March , 1820,

"A Magistrate's Court was held on Wednesday in Christ Church Parish, on the Negro
Albro (belonging to J. “. Brandt) and Aaron, (belonging to Moses “hitesides, )
charged with the murder of Mr, Thomas Deliesseline, on Dewees! Island, on Tuesday
evening, the 8th inst, After a fair and impartial trial, Aaron was acquitted,
Albro was found guilty, and is sentenced to be hung on Saturday, 19th inst,.,
between the hgurs of 12 and l, at the Red House, Forks of the Road in Christ
Church Parish, (GAZETTE.)

"We undertsand that an application has been made to His Excellency the Governor
for a few days respite, that the condemned may have the assistance of the Rev,
Clergy, to prepare him for another world,"

COURIER, Cparleston, South Carolina, Feb, 18, 1820 (2:2.)

"TRIALS FOR MURDER, «We understand that the two Negro fellows, Albro and Aaron, will
be taken to Haddrell's Point, in Christ-Church Parish, this day, and be upon their
trial, before a Court of Magistrates and Freeholders, for the murder of Mr, Thomas
Deliesseline, Counsel has been employed in their defence," COURIER, Cyarleston,
SC, Feb, 16, 1820 (2:2,)

"The Negro fellow Albro, charged with the murder of Mr, Thomas Deliesseline, upon
Dewees! Island, was taken on Saturday night by Capt. Hibbens's driver, at hig:plan-
tation in Christ Church Parish,; and committed to the jail in this city, yesterday
morning, = It appears that he escaped from the Island to the main by swimming; that
he made his appearance on Friday night, at the plantation of Capt, Toomer, in the
same parish; was fired at by his overseer and slightly wounded, but escapeds and
was finally secured as above stated. = He pretends to deny having perpetrated the
deeds and says that himself and Aa ron, (the fellow previously taken) wereall that
landed upon the Island the evening of the murder, = It is believed, however, that
there are several others in the gang, and we have no doubt but they will be
pobre _ before the pursuit is given over," COURIER, Charleston, SC, Feb. lh,
1520 (2326

"In stating the cirfumstances of the recent murder of Mr, Deliesseline at Dewees!
Island, we mentioned that J. H. Stevens, Esqe, the District Coroner, had refused to
proceed to the spot, to investigate the circumstances attending it. - We are now
satisfied, from an interview with the Coroner, that he did not positively refuse to
go; but, in consequence of the impossibility of €ollecting a jury upon the Island,
and under an impression that the notoriety of the circumstances attending the tragie
cal event rendered it unnecessary to summon a Jury, the Coroner did give it as his
frie sy an Inouest might be dispensed with," COURIER, Charleston, SC, Feb. 12,
l 20 2326

"DARING MURDER,-About 7 o'clock on the evening of Tuesday last, a party of Runaway
Negroes were observed to land upon Dewees's Island, between Long Island and Cape
Romain, Two young men, sons of Capte Deliesseline, who reside there, with a Mr,
Laval, a visitor, went out in pursuit of them, One of the Negroes was immediately
overtaken and secured, while one of the young men, Mr. Thomas J, Deliesseline, pur-
sued and came up with a second, and 4#X#X seized hold of him by the coat, which came
off in the scuffle. = Mr. D. @@##4H commanded him to stand, at the same moment pre-
senting and snapping his gun at him; but it missing fire, the Runaway instantly
drew a pistol from his breast, heavily charged with buckshot, and discharging it
into Mr, D's, face, killed him instantly upon the spot, It was some time before

his companions were apprized of his fate, it having become quite dark, = When they
found him, the murderer had fled, = One other of the gang, a fellow belonging

to Mr, Whitesides, was subsequently taken by Capt. Deliesseline's Negroes; he

stated that the runaway who shot Mr. D. was named ALBRO, and that he belongs to

Mr, Brandt, of Long Island. = He has not yet been taken, but we understand a
detachment of Riflemen was ordered out last evening for the purpose,
"The distressed father of the unfortunate young man, was in town yesterday afternoon,
and furnished the particulars of the tragical event, = He applied to J. He Stevens,
the District Coroner, to proceed to the spot to investigate the circumstances of the

case, but we understand he refused to go."
THE COURIER, Garleston, SC y XxRX February 10, 1820,

birds Didi a iteiebbsiseiaS 4 i nikiawad ns ude sake Lee amaeE i2 AT aasLigtad s

aeergyres

ida.

190 8. C.

would testify to if present; and on the
other hand, when the court inquired if
counsel were ready to proceed, Mr. Bar-
ron answered: “Yes, Your Honor.”

We have probably devoted more time to
the exceptions relating to the refusal of
the trial judge to continue the case as
against Sam Anderson on account of the
iiIness of Mrs. Anderson than is warrant-
ed, but it will readily be seen that in over-
ruling these exceptions, we have not even
modified the holding in the case of State
yv. Williamson, supra, relied upon by ap-
pellants.

Exceptions 1, 5, and 6 are overruled.

There is nothing in the record from
which the court could have assumed that
the hospital authorities had refused to al-
low Mrs. Anderson to leave the institution
until her bill had been paid, thus prevent-
ing her from attending the trial, and excep-
tion 9 is overruled.

[2] Exceptions 2 and 3 relate to the re-
fusal of the trial judge to grant a con-
tinuance of the case as against both appel-
lants, and order them confined in the State
Hospital for the Insane at Columbia for
a period of thirty days for the observation
of their mental condition, as authorized by
section 6239, Code of 1932.

These exceptions directly raise the ques-
tion if upon the plea of insanity being in-
jected as a defense, the statute makes it
mandatory that the trial judge order such
defendant or defendants, as the case may
be, placed in the State Hospital for ob-
servation, and thus automatically force a
continuance of the case for at least thirty
days. And these exceptions also fairly
raise the question, if the statute is not
mandatory, did the trial judge commit an
abuse of discretion in failing to have ap-
pellants committed to said hospital for ob-
servation?

We are inclined to the opinion, after a
careful study of the wording of section
6239, that it was not the intention of the
Legislature to make it compulsory that one
charged with a crime, who sets up the de-
fense of insanity and irresponsibility, be
committed to the hospital for observation,
but that it is discretionary with the trial
judge. The statute says the judge “is au-
thorized to commit to the State hospital
any person charged with the commission
of any criminal offense who shall, upon the
trial before him, be adjudged insane, or
in whom there is a question as to the rela-
tion of mental disease to the alleged crime,

188 SOUTH EASTERN REPORTER

whether such question is raised by the
prosecution or defense, or it appears to the
judge from any evidence brought before
him or upon his own recognition.”

To hold that every defendant charged
with a crime, and who sets up a plea of
insanity or irresponsibility on account of
mental condition, can thereby force a con-
tinuance of his case-for at least thirty days.
would be an unreasonable construction to
place upon the statute, unless the language
thereof clearly made it mandatory, The
motion was made to commit the appellants
to the State Hospital, based upon affidavits
of the fathers of the respective appellants,
showing that Anderson had suffered two
severe head injuries, one when a child, the
other in recent years, and that he had con-
tracted syphilis, and that since the last
head injury and the contracting of the
disease, which had been pronounced cured,
his whole disposition had changed; and
depicting various abnormalities in his
mental condition, and acts and conduct on
the part of Anderson which tended to show
mental irresponsibility.

In the affidavit concerning Powell, it was
stated that from the age of three years, he
had suffered from epilepsy, had always been
of a low degree of mentality, which further
deteriorated as the years passed; had never
been able to go to school; had insane
ideas; imagined that people had it in for
him; was dangerous at times; and had
cravings for alcoholic beverages.

[3] While both fathers expressed the
opinion that their respective sons were in-
sane, no facts were shown from which it
could be said that either Anderson or Pow-
ell did not know the difference between
right and wrong, and after all, this is the
test where it is attempted to excuse one for
the commission of a crime, when the de-
fense is based on insanity or mental ir-
responsibility.

[4] We cannot say that the trial judge
committed an abuse of discretion in refus-
ing to continue the case, and commit the
appellants for observation. Although the
affidavits above referred to were greatly
amplified in the testimony of the fathers of
the appellants on the trial of the case, and
quite a number of witnesses corroborated
their testimony concerning the mentality
and escapades of appellants, no further mo-
tion was made for their commitment for
observation.

Severe injuries to the head, having
syphilis, and suffering from epilepsy cam

STATE y. ANDERSON S.C. 491
188 S.E.

and frequently does produce such a mental
condition as to make the unfortunates ir-
responsible for their acts—cause them not
to be able to distinguish between right and
wrong—and in the trial of the case great
latitude was allowed counsel for appel-
lants in the introduction of medical text
books, and all other testimony tending to
show the irresponsibility of appellants,
sufficient possibly to have warranted the
jury in recommending to mercy, but a
careful reading of all of the testimony
does not raise any serious doubt that the
appellants knew they were doing wrong.

[5] Exception 4 complains of the lan-
guage of the trial judge in his reference
to the affidavits of the fathers of appel-
lants when passing on the motion, based
on these affidavits, to commit appellants
to the State Hospital.

The trial judge was refusing the mo-
tion, which had necessarily been made in
open court, and was stating his reasons
therefor, and while ordinarily an expres-
sion of opinion by a judge as to the weight
of the testimony of any witness would
necessarily find lodgment in the minds of
the jury, yet, in this instance, he was
merely stating that which is known to
every man of any experience, and that
which with impunity could have been
argued to the jury in the presentation of
the state’s case. If counsel for appellants
felt that their clients’ defense had been
prejudiced, they should have then and there
called it to the attention of the court to
the end that such prejudice. or ill effects
could have been removed, even to the
granting of a continuance of the case or
the drawing of a new venire of jurors if
necessary. Where preliminary motions are
made, followed by a lengthy trial, neces-
sitating frequent rulings, it would indeed
be remarkable if some isolated statement
falling from the lips of the judge could not,
with some plausibility, be claimed as prej-

ndicial to one side or the other. How- °

ever, in his charge to the jury, the trial
judge had this to say: ‘Now you are the
sole judge of the facts, with what (which?)
I have nothing to do. The Court merely
Passes upon the competency or relevancy
ef the evidence; that is, it says what evi-
dence you can consider, but it places no
*eight upon the evidence.” If appellants
felt that the remarks of the judge in
Passing on the motion to commit them were
Prejudicial, then an opportunity to remove

the alleged harm was again open by submit-
ting an appropriate request to charge.

The exception is overruled.

[6,7] Exceptions 7 and 8 complain that
the Solicitor committed prejudicial error
in his cross-examination of the witness, Al-
vin Williamson.

It is true that the cross-examination of
this witness came dangerously near the
border line of attacking the reputation of
the appellant Powell, and had continued
for some time when the Solicitor asked the
witness Williamson the following question:
“You and Bub Anderson were in the
whiskey business together, weren’t your
Not Bub Anderson—Sam Powell?” The
witness replied: “No, sir, we was not.”

“Mr. Southard. Under the case of the
State against Bolding (Bolen) I don’t
think they have any right to pursue this
line of testimony. We haven’t objected,
but I really think it’s reversible error for
the Solicitor to go into it.

“The Witness. I don’t mind answering
the question.

“The Court. Mr. Foreman and gentle-
men of the jury, if any testimony of this
witness or any other witness has a connec-
tion with either one of the defendants in
any liquor transaction, that must not be
considered by you in any respect as evi-
dence against such defendant. The gen-
eral rule is that other crimes, other offenses
cannot be shown except as to the credi-
bility of the witnesses or, in certain cases,
where it goes to show interest. For in-
stance, in a case of forgery they can show
that at the time other forgeries had been
committed, or the intention of the party to
pass worthless paper, or things of that
kind. So in this case don’t consider any
testimony relative to a liquor transaction
as to this defendant as evidence against
him; it merely goes as to the credibility of
this particular witness.

“Mr. Fant. Yes, sir, Your Honor, that
was the purpose of it. Q. You told us a
while ago you were not in the business to-
gether, and now you say you were.

“The Court. I wouldn’t pursue that any
further, Mr. Solicitor.

“Mr. Fant. All right, Your Honor.”

It will be seen from the above that when
counsel for appellants entered a left-handed
objection, the court ruled that the line of
cross-examination should not be further
pursued and admonished the jury not to

lit

—o

premium, was sent in to the home office of
the company by Mr. Williams, August 18,
1932; that he told Mr. Pigg, the collect-
ing agent of the local council, that he
must commence collecting premiums the
Ist of September. The policy was dated
August 18, 1932. There is also evidence
for appellant that it was the custom of the
insurance company that, if a policy was
issued before the 20th day of the month,
the first premium went to pay the premium
for that month; if it was issued after the
20th, the first premium went to pay the
premium for the month after the month of
issuance.

There was undisputed evidence that the
insured made fourteen monthly payments
of premiums, including the one paid to Mr.
Williams when the application was sent in
August 18, 1932. Tf the last-named pre-
mium was applicable to the month of Au-
gust, then the insured was delinquent in his
payments and was suspended when he died
November 25, 1933. If that premium was
applicable to the payment of the premium
for the month of September, 1932, then the
insured was not delinquent and was not
suspended at the time of his death.

There is evidence for the respondent that
while the policy was dated August 18, it
did not reach the insured until about Au-
gust 25. Mr. Pigg, the witness for the
appellant, as financial secretary and col-
lector for the local council, testified:
That he was told by Mr. Williams that
such of the policies as were issued after
the middle of the month would go into ef-
fect on September Ist of that year.

The court asked: “The first monthly
premium was to be paid when?”

The witness: “These fellows objected
to their policies being issued after the mid-
dle of the month and they wasn’t going to
take them up; and I got into touch with
Mr. Williams and he told me to let them
go into effect the first of the month.”

This witness testified that the first pre-
mium he collected from Mr. Agerton was
for October, 1932. He further testified
that he applied that payment to the month
of September; that if Mr. Agerton had
paid his initial premium then the first pre-

mium which witness collected was for Oc-

188 SOUTH EASTERN REPORTER

the August or September premium. That
was an issue of fact to be decided by the
jury.

There was no error in submitting that is-
sue to the jury.

[2] In the light of this conclusion the
question of waiver becomes an academic
ne. The court may say, however, that
it ought to be understood that an insurance
company should be allowed reasonable time
in which to investigate the bona fides of a
claim, and when it acts in good faith should
not captiously be submitted to the danger
of being charged with the waiver of its
rights.

The appeal is dismissed, and the judg-
ment of the lower court is affirmed.

STABLER, C. J., BAKER and FISH-
BURNE, JJ., and A. L, GASTON, A. A.

J., concur.

STATE v. ANDERSON et al.
No. 14368.

Supreme Court of South Carolina,
Noy. 2, 1936.

{. Criminal law €=614(1)

Failure to continue Case on account of
illness of defendant’s wife, a material wit-
ness, held not error, where case had been de-
layed until doctors reported that witness
could attend and when trial was entered on
no further motion for continuance on such
ground was made.

2. Criminal law C623

When plea of insanity is injected as de-
fense, statute does not make it mandatory
that trial judge order defendant placed in
state hospital for observation (Code 1032, §
6239).

3. Criminal law C248

Ability to determine difference betwee
right and wrong is test where attempt is
made to excuse defendant for commission of

tober; that Mr. Agerton contended that ¢rime on ground of insanity or mental irre-
his started on October 1st; that he had sponsibility. /

made another payment before that.

[1] Here isa clear conflict of evidence
as to when the policy became effective, and
whether the payment made in August was

4. Criminal law €=623
Refusing to continue case and commit de-
fendants, filing plea of insanity as defense

STATE v. ANDERSON S.C. 187
188 8.E.

to state hospital for observation, held not
abuse of discretion, notwithstanding affida-
vits regarding defendants’ mental condition
(Code 1932, § 6239).

5. Criminal law €=660

Language of trial judge regarding affi-
davits of fathers of defendants when pass-
ing on motion based on such affidavits to com-
mit defendants to state hospital for observa-
tion held not ground for reversal, where coun-
sel did not make objections nor submit ap-
propriate request to charge so as to remove
alleged harm.

6. Criminal law €=728(1), 730(3)

Cross-examination of defendants’ wit-
ness as to whether witness and defendant
were engaged in whisky business held not
ground for reversal, where court sustained
objection and admonished jury and defend-
ants did not move for mistrial.

7. Criminal law €=376
Unless defendant puts in issue his repu-
tation, it cannot be attacked.

—_——__————-

_ Appeal from General Sessions Circuit
Court of Anderson County; Philip H.
Stoll, Judge.

Sam W. Anderson and Sam Powell were
convicted of murder, and they appeal.

Affirmed.

L. G. Southard, of Spartanburg, for ap-
pellants.

Rufus Fant, Jr., Sol., and A. H. Dagnall,
hoth of Anderson, for the State.

BAKER, Justice.

At the 1936 February term of the court
of general sessions for Anderson county,
the appellants were convicted of the mur-
der of one W. A. Daniel, a taxicab driv-
er, and sentenced to death by electrocution.
_ The undisputed facts regarding the kill-
ing show that a cold-blooded and brutal
murder was planned and carried into ex-
ecution, the only motive therefor being
that the appellants desired the possession
and use of an automobile. A detail state-
cut of the gruesome facts surrounding
the killing is unnecessary to a decision of
‘te case, and are, therefore, purposely
omitted. We have, however, painstaking-
ly reviewed the voluminous record. Upon
the trial of the case on circuit, the sole
tefense was that of insanity of the de-
fendants-appellants, who were first cousins.

The killing occurred on January 11, 1936.
At the 1936 February term of the court of
gencral sessions for Anderson county, on
an indictment charging appellants jointly
with the murder of W. A. Daniel, the
grand jury found a “True Bill,’ and on
February 6, 1936, the State announced
ready for trial. Thereupon, counsel for the
appellant, Sam Anderson, made a motion
for a continuance of the case as to him on
the ground that the wife of this defendant
was seriously ill and unable to attend court,
and was a material witness in his behalf.
In support of the motion, there was filed
an affidavit of Dr. J. Bennett Townsend,
the personal physician of Mrs. Anderson,
that she was confined to her bed suffering
from influenza, having at that time a
temperature of 102 and pulse of 84, and
that she was not physically able to leave
her bed. In further support of the motion,
an affidavit of the appellant Anderson was
filed, in which it was stated that his wife
was a material witness in his behalf on the
charge for which he stood indicted, and
that he needed and desired the comfort,
support, assistance, advice, presence, and
counsel of his wife in his trial.

The State strenuously opposed a con-
tinuance of the case for the term, and up-
on motion, or upon the suggestion of the
Solicitor, the presiding judge requested two
other physicians to confer with Dr. Town-
send, make an examination of Mrs. Ander-
son, and report to the court as to her con-
dition. Let it be here recorded that all
parties disclaimed the slightest intention
of any reflection on Dr. Townsend, who is
an outstanding and most reputable physi-
cian. On the same day, these two physi-
cians, Dr. B. A. Henry and Dr. W. Mar-
tin, reported that they had examined Mrs.
Anderson and found she had an attack of
influenza, her temperature running from
100 to 102, her pulse exceedingly high, and
that she was on the verge of an attack of
pneumonia; that sometimes one so affected
would get well in a few days, and then
again hang on for a good long time; that
just what this case would do they knew not,
but possibly she might be able to attend
court in a week; that it would be unsafe
for her to come to court under that time.
Dr. Townsend also reported he had no
reason to change his written statement
which had been filed with the court, and
when the presiding judge asked if in his
opinion it would be wise to bring Mrs.
Anderson into court “next week,” frankly

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1sgs SG.
replied: “Next weck’s a pretty long time.
I couldn’t answer that * * *.”

Following the above, and fully recogniz-
ing the decision of this court in the case of
State v. Williamson, 115 S.C. 315, 105 S.E.
697, the Solicitor suggested that the case
be continued until Wednesday of the fol-
lowing week (February 12, 1936), and that
on “Tuesday we could have some physi-
cians or get in touch with Dr. Townsend,
and if at that time her condition is such
that we could see it would be uscless to try
to try it that week, then there would be a
continuance then, or sce what the situation
is next Tuesday and tentatively at this time
continue it until Wednesday.” The judge
then announced he would not force the
defendant-appellant to trial “today” but re-
fused to continue the case for the term.
Following the ruling of the court on the
motion, it was announced in open court by
counsel for appellants that the suggested
plan of the Solicitor as to inquiring on the
following Tuesday of the condition of Mrs.
Anderson so as to determine if the case
would be tried during that week or a con-
tinuance for the term be had, was both
satisfactory and convenient to them.
Thereupon, it was announced in open
court, at the request of counsel for the ap-
pellants and the Solicitor, that all wit-
nesses, both for the State and defense,
were excused until the following Wednes-
day morning, but the witnesses were ad-
monished to be back in court at that time.

On February 11 (Tuesday) Dr. Martin
reported to the court that the condition of
Mrs. Anderson had greatly improved, but
due to her weakened condition he did not
think then that she would be able to sit
up in court all day long prior to Friday.
Dr. Townsend also stated that while it
was a difficult matter to tell what was go-
ing to happen in the next day or two, if
she continued to do as well as she was
doing she could come to court the latter
part of the week, on Friday, but was un-
able to state if she could attend by Thurs-
day.

The court refused on February 11 (Tues-
day) to either continue the case for the
term or definitely set a day during the
week, but postponed action until the next
morning, February 12, in order to ascertain
the condition of Mrs. Anderson. On the
morning of February 12, and in accord-
ance with understanding announced in open
court as between counsel for the State and

188 SOUTH EASTERN REPORTER

the defense, the certificate following was
read into the record:

“To Whom It May Concern:

“This is to certify that I examined Mrs.
Sam Anderson this morning at 8:30. She
still has no temperature and is recuperat-
ing very nicely, although she is still weak
from her influenza. My opinion this morn-
ing is that Mrs. Anderson could attend
court by Thursday afterncon, February 13,
19326, without any danger to herself.

“(Signed] J. W. Martin

“J. W. Martin, M. D..

“TSigned] J. Bennett Townsend, M. D.”

After the reading of the above certifi-
cate, the transcript of record shows that
the following transpired:

“The Court. Gentlemen of the defense,
any objections to setting this case for trial
at three o’clock tomorrow? That’s in keep-
ing with that affidavit.

“Mr. Barron. It might be set for that
hour, if Your Honor pleases, and in that
event that we will have a report, I pre-
sume, on this lady at that time and sce
where we are. I don’t want to waive my
motion, :

“The Court. Oh, you don’t waive any-
thing.

“Mr. Barron. As I understand from the
opinion of these affidavits, she will proba-
bly be ready to come into Court tomorrow
afternoon, and I suggest—

“The Court. Dy starting the trial in the
afternoon session, it will give her an op-
portunity to rest and be fresher the next
morning.

“Mr. Barron. Yes, sir.

“The Court. Is that satisfactory to the
State?

“Mr. Fant. Yes, Your Honor.

“The Court. All right, we will set the
case for trial at three o’clock tomorrow.

“Mr. Barron. As I understand, Your
Honor, if the report at that time is that
she isn’t able to come into court at that
time, we will have a certificate from the
physician at that time.

“The Court. I understand if she’s not
able to report, if she’s in the care of the
physicians, they will sent a report. How-
ever, I am not asking for any further re-
port unless as her physicians they see fit to
make a report. :

“Mr. Barron. I would like the Court to
order that if, in any event, she is not able
to be here, that the physicians so report.

ee fer eee >

STATE vy. ANDERSON 8. C. 189
188 8.E. e

“The Court. I take it, Mr. Barron, a
reputable physician, if he has got a patient
not able to report to court, it’s his duty to
look out for the patient and that he will do
so.

“Anything else to come up this morning,
Mr. Solicitor ?

“Mr. Fant. No, sir, Your Honor.

“Mr. Barron. If Your Honor pleases, I
will make an announcement to witnesses.
All of the witnesses for the defendants in
the case of Sam Anderson and Sam Powell
be on hand tomorrow evening at three
o'clock.”

It should be noted here that upon the
trial of the case on circuit, Hon. P. D.
Barron was of counsel for appellants.

On February 13 (Thursday) at 3 o’clock
p. m., the State announced ready for trial.
Thereupon, counsel for appellants made a
motion for a continuance of the case, rais-
ing the question of the mental capacity of
appellants to commit a crime. On this
phase of the case, and the exceptions relat-
ing thereto, we later herein devote more
time. The motion to continue the case for
the term having been refused, the court di-
rected the clerk to, “Give us a jury.”
While it is lengthy, we quote in full from
the record immediately following the direc-
tion to the clerk to “Give us a jury.”

“Mr. Fant. Your Ilonor please, we
would like for the jury to be sworn on their
voir dire.

“The Court. Very good, sir.

+ ; :

Mr. Barron. One minute, if the Court
pleases!’ We would like to call our wit-
nesses to see who is here.

“Mr. Southard. Your Honor, Dr. Hor-
ton, Dr. Sanders, Mr. King, Mr. Waltors
and Mr. Gaines are absent; they have been
Put under subpeena in this case of Sam
Powell. And we think most of the wit-
Nesses in the case of the State against Sam
Anderson will be present, but Mrs. Lydia
Anderson is under subpoena, the defend-
ants wife, and isn’t here. I don’t know
where she is. I haven’t seen her or com-
municated with her. Dr. Acker, who is a
material Witness for the defendant, isn’t
‘ere. I understand he is in the city. But
I want that ascertained before we go to
trial. All the witnesses have been put un-
- bond and bound over to be present in
surt.

“The Court. We will get them here for
you if they can be got,

“Mr. Southard. If they are out of the
county, Your Honor, I want to ascertain
about that before we go to trial.

“The Court. How do you expect to as-
certain?

“Mr. Southard. I haven’t had any re-
port on Mrs, Lydia Anderson, Your Ionor.
I don’t know anything about her—the de-
fendant’s wife.

“The Court. Well, unless she’s been sub-
poenaed to come to court—

“Mr. Southard. She has been subpcenaed
and is under subpoena to come into court.
As I understand it, she is still in the
hospital. I know if I had the flu I wouldn't
want to come out on a day like this. I
haven’t had any report on her from any
of the physicians. .

“The Court. Well, she’s your witness.

“Mr. Southard. Yes, sir, and we sub-
poenacd her, Your Honor, and it’s her busi-
ness to be here; and the reason why she
isn’t here, according to the showing, was
because she couldn’t be here, and I haven't
had anything other than that. Have you
heard from her, Mr. Fant?

“Mr. Fant. I understood Dr. Martin told
the deputies down in jail about a half hour
before we convened that she was able to
come to court.

“Mr. Southard. T haven’t seen her and
I haven’t had anything from her.

“Mr. Dagnall. We will have an officer
’phone for the local witnesses for counsel.

“Mr. Fant. We have an officer now
‘phoning for Dr. Acker. Dr. Acker is
more or less indisposed and doesn’t want to
come until we need him.

“Mr. Southard. That's all right, I don't
need him now, if he will be here.

“Mr. Fant. He will be here.

“The Court. Are you ready to proceed
with the jury?

“Mr. Barron. Yes, Your Honor.

“The Court. All right, give us a jury,
Mr. Clerk. Put them all on their voir
dire.”

[1] It will be seen that when the trial
was entered upon, there was no motion for
a further continuance on the ground that
Mrs. Anderson was not able to be present;
there was no showing or attempt to make
a showing that she was still incapacitated
and unable to attend the trial; there was
no offer to submit in writing what she

Killer is competent,
state judge concludes

"By JOHN ALLARD
~ Staff Writer”.

‘GREENWOOD — Convicted killer Larry Gene
'Bell'ran out of miracles Friday.

A state judge ruled that Bell can be put
to death Oct. 4 despite his serious mental

‘illness, including hallucinations that God
giveshimcommands. .
NB a SE _’ Bell’s belief that he is

Jesus Christ and has
miraculous powers

‘failed to persuade.

“Circuit Judge David
Maring to.postpone his
execution. —

'’’Maring decided Bell
is. mentally competent
and said the state can

_ proceed with plans to

- execute him in the elec-
tric chair at 1 a.m.

wk Was: Briday. a

Bell is the first condemned prisoner to

try to delay his execution by claiming that

‘he isnot mentally competent to be killed
under the state’s current death-penalty law.

The U.S. Supreme Court and the S.C.

Supreme Court have. ruled that it-would be
cruel and unusual punishment to execute a
killer who is not mentally competent.

Maring found that Bell’s mental illness,

‘most commonly diagnosed as schizophre-
nia, does.not prevent him from communi-

cating with his attorneys, saying Bell can

‘understand and respond to questions. He
also ruled that Bell'understands the nature

a
Bel =
: a \

PLEASE SEE BELL pact AG

AS WEDNESDAY, OCTOBER 2, 1996

CONTINUED FROM Al

Bell’s murders haunt memories

Officials: Details still
Sresh 11 years later

By JOHN ALLARD
Staff Writer

Lexington County Sheriff
James Metts still cries when he
thinks about finding the badly
decomposed body of Shari Faye
Smith 11 years ago.

“It was so emotional. It was as
if it was my own daughter,” said
Metts, who prayed with Smith’s
parents after telling them she had
been murdered. “This case will
always be in the forefront of my
mind.”

On Friday, Larry Gene Bell, 47,
is scheduled to die in South
Carolina’s electric chair for the
murders of Smith and Debra May
Helmick.

Here’s a look at what hap-
pened:

Shari Smith. Shari Smith, 17, a tal-
ented musician and honor student,
would have graduated from
Lexington High School on June 3,
1985. She had a summer job as a
singer at Carowinds and planned
to enroll in the fall at Columbia
College.

On May 31, 1985, Smith and
her boyfriend attended a party at
Lake Murray.

After the party, her boyfriend
took Smith to the Lexington Post
Office, where she had left her car.
Bell was sitting in a car two spaces
from Smith’s car and watched her
while he waited for his mother to
leave the post office.

About 3 p.m., Smith kissed her
boyfriend goodbye and drove
home.

Fifteen minutes later, Bell
drove up in his car while Smith
was checking the mailbox at her
parents’ home off Platt Springs
Road in Red Bank. She was bare-
foot and was wearing a shirt and
shorts over a bathing suit.

Bell pointed a pistol at Smith
and forced her to get in the car.

Smith’s father, Bob, found her
1978 Chevette in the driveway.
The motor was still running, and
her diabetes medication also was
in the car.

After finding no sign of his
daughter, Bob Smith telephoned
the Lexington County Sheriff’s
Department, which launched a
massive search for Shari Smith.

Metts sought help from the FBI
when Bell called Smith’s family
three days after she disappeared,
giving them false hope she was
‘still alive. He asked the FBI to cre-
ate a psychological profile of the
man who abducted and killed

FILE PHOTOGRAPH/THE STATE

Law enforcement officials gather at Saluda Lodge 103 in June 1985. The body of Shari Faye Smith was
found behind the lodge after the Smith family received a call about her whereabouts.

Smith.

While investigators searched
for Smith, Bell took her to the
Saluda home of Ellis Sheppard, an
electrician. Sheppard had asked
Bell to stay at his house while he
and his wife went on vacation.
Bell installed electrical wiring in
houses for Sheppard.

Bell held Smith hostage in a
guest room in the home for nearly
12 hours.

At 3 a.m. June 1, 1985, Bell
allowed Smith to write a last testa-
ment. He also told her to decide
how he would kill her. He said he
could shoot her, suffocate her or
give her a drug overdose.

About two hours later, Bell suf-
focated Smith, wrapping her head
in duct tape.

Bell called Smith’s family eight
times, tormenting them with grisly
details about her murder.

In one call, Bell told Smith’s
older sister, Dawn, that he had sex
with Smith after using electrical
cord to tie her to a bed.

In another call, Bell told Dawn
Smith, who has since married,
where she could find her sister’s
body.

Debra May Helmick. Two weeks
after he kidnapped Smith; Bell
abducted Debra May Helmick, 9,
from the front yard of her parents’
rented mobile home at the Shiloh

Trailer Park off Old Percival Road
in Richland County.

About 4 p.m. June 14, 1985,
Helmick was playing with her 3-
year-old brother when Bell pulled
up in his car.

Bell grabbed Helmick by the
waist and dragged her kicking and
screaming into his car. A male
neighbor wasn’t able to stop Bell
before he sped away.

Helmick’s mother, Debra
Helmick Lowe, thinks Bell was
driving to his sister’s home when
he happened to see Helmick .

' “When he saw her blond hair, it
must have just triggered him,”
Lowe said. “He was just looking
for someone to kill.”

Like Smith, Helmick was pret-
ty, with blond hair and blue eyes.
Bell’s ex-wife, whom he married
when she was 15, also had blond
hair and blue eyes.

Eight days after he kidnapped
and killed Helmick, Bell called
Smith’s family again, this time to
say where Helmick’s body could
be found.

On June 22, 1985, Helmick’s
badly decomposed body .was
found in remote woods near
Gilbert. Female silk bikini under-
wear was on top of her own
underwear.

When they searched Bell’s
home, investigators found adult
female bikini underwear similar to

the underwear found on Helmick.

Hunting Bell. Investigators relied
heavily on the psychological pro-
file to capture Bell.

Lexington County Assistant
Sheriff Lewis McCarty questioned
Sheppard after learning many
phone calls had been made from
his home to a residence in
Huntsville, Ala.

An impression of the Alabama
phone number was found on
Smith’s last testament, which had
been written on a legal pad.
Sheppard had given Bell the num-
ber, which was his son’s home
phone number.

McCarty described the psycho-
logical profile to Sheppard and his
wife. They immediately said it
sounded like a description of Bell.

Like the profile, Bell was in his
30s and divorced after an unhappy
marriage at a young age. He was
shy and overweight. He was an
obsessively organized person. And
he had a history of assaulting
women.

The profile also predicted Bell
would be experienced in electrical
work and would have a job that
had flexible hours and often
required him to travel.

Investigators arrested Bell at 7
a.m. on June 27, 1985, after he
was stopped at a roadblock off
U.S. 378 near Shull Island.

BELL

FROM PAGE A1

“I cried with him. I prayed with
him. I laughed with him. We went
through the whole emotional
cycle,” Metts said.

“He got right up to the point of
a confession, but all he would say
is that the ‘bad’ Larry Gene Bell
could have done it,” Metts said.

The best hope for a confession
was a confrontation between Bell
and Smith’s mother and sister,
Metts said. Bell had sadistic fan-
tasies about the victim’s sister,
who was older than Shari Smith
and closely resembled her, he
said.

Smith’s mother, Hilda, and her
sister, Dawn, went to the
Lexington County Sheriff’s
Department headquarters to con-
front Bell.

Bell made casual comments
when he briefly met with the
Smiths, Metts said.

Dawn Smith, who has since
married, immediately recognized
Bell’s voice from phone calls made
to her after Shari Smith was
abducted and killed.

“I never will forget that Dawn
immediately asked him why he
killed her sister. You could feel the
tension in the room,” Metts said.
“It was a situation where a few
minutes seemed like an eternity.”

“Bell just put his head down,”
Metts said. “His body language
was so damning. It just seemed it
was really eating at him.”

Bell’s mind games. The mind
games played by Bell after his
arrest reflected the psychological
warfare he waged with investiga-
tors while they hunted him.

During an intensive, nearly
monthlong manhunt, Bell taunted
investigators in telephone calls to
Smith’s family.

“We saw an unusual situation
as soon as the phone calls started
coming in to the Smith home,”
Metts said. “We feared for the
worst. We knew we weren’t deal-
ing with an ordinary killer.”

Bell called Smith’s family from
public pay phones as far away as
North Augusta. He used an elec-
tronic device to distort his voice.

attacking the student.

been found.

days later.

Criminal history of Larry Gene Bell

In a psychological profile of Bell, the FBI said he was a serial
killer. Like many multiple murderers, Bell became progressively
violent. Here’s a look at his crimes:

@ Feb. 28, 1975. Rock Hill police arrest Bell after he tries at knife point to grab
a woman, who has a child with her, at a shopping center. He is evaluated at a
State mental hospital and later is sentenced to five years on probation for
aggravated assault with a deadly weapon.

H Oct. 31, 1975. Bell is arrested after he tries to kidnap at gunpoint a female
University of South Carolina student. He later pleads guilty to assault and bat-
tery of a high and aggravated nature and receives a five-year prison term.
While in prison, Bell's wife, wnom he married when she was 15, divorces him
on grounds of physical cruelty. Bell is paroled after serving 21 months for

& Oct. 3, 1979. Bell pieads guilty to making harassing and obscene phone
calls to a Charlotte woman and her 10-year-old daughter. He also stalked the
pair, who lived in the same apartment complex as Bell. Bell is sentenced to
five years on probation and ordered to get psychiatric treatment.

H Nov. 26, 1984. Sandee Elaine Cornett, a part-time model and girlfriend of
one of Bell’s co-workers at Eastern Airlines in Charlotte, disappears from her

east Charlotte home. Investigators question Bell as the prime suspect in
Cornett’s disappearance, but he is never charged. Cornett’s body has never

May 31, 1985. Bell kidnaps Shari Faye Smith, 17, and murders her two
& June 14, 1985. Bell kidnaps Debra May Helmick, 9, from the front yard of :

her parents’ rented mobile home in northeast Richland County and kills her.

@ June 27, 1985. Bell is arrested and charged with the murders.

He knew how long it would
take to trace the calls and hung up
before investigators could get to
phone booths he had called from,
Metts said. Once, investigators
passed Bell on S.C. 6 after he had
called from a pay phone at a con-
venience store near the Lake
Murray dam.

Bell grew cockier as the investi-
gation dragged on.

He stopped using the electronic
device to disguise his voice in
phone calls. He also started calling
Smith’s family collect, telling an
operator to say the call was from
Smith.

“It became a thrill for him to
elude us,” Metts said. “The chase
became a game.”

Bell continued to torment
Smith’s family after he had told
them where he had dumped her
body. In one call, he threatened to

kill Dawn Smith.

“Your time is near. God wants
you to join Shari Faye,” Bell said
in a call to Dawn Smith. “This
month, next month, this year or
next year. You can’t be protected
all the time.”

The sensational aspects of the
Bell case attracted national atten-
tion. There was an article in
Readers Digest, and a TV-movie,
“Nightmare in Columbia County,”
aired Dec. 10, 1991, on CBS.

John Douglas, the former head
of the FBI’s Behavioral Sciences
Unit and an authority on the use
of psychological profiles in crimi-
nal cases, devoted an entire 20-
page chapter to the Bell case in his
best-selling book, “Mindhunter.”

While the facts surrounding the
murders of Helmick and Smith
have been extensively reported,
much less is knowr, about why

Bell became a serial killer.

Bell did not respond to a letter
from The State, seeking comment
about his past. His attorneys said
Bell, who believes that he is Jesus
Christ and that he receives com-
mands from God, told them he
would not speak with the “secular
press.”

Bell’s history. Bell was born Oct.
30, 1948, in Alabama. He was the
second-youngest of five children.

As a child, Bell lived in
Alabama, Tennessee and Florida
before his family moved to
Columbia. He was a two-sport ath-
lete at Eau Claire High School,
Metts’ alma mater.

When he was a boy, Bell tore
the legs off insects and also went
into psychotic trances in which he
often refused to eat and talk.

As a teen-ager and young adult,
Bell sexually abused several
female relatives, according to
Bell’s attorneys. Family members
successfully pressured the rela-
tives to not press charges.

One female relative said Bell
fondled and stalked her from age
5 to age 13. When she was 13, she
said, he locked her in a bedroom
and raped her.

“He always knew right from
wrong, but he couldn’t control his
impulses. He got progressively
worse and wouldn’t get treat-
ment,” the woman said. “I wasn’t
surprised when I heard about his
arrest for the murders. I knew he
would eventually do something
like that.”

In high school, Bell had few
dates. When he took girls out, he
told them to “put out or get out.”
Girls usually walked home after a
date with Bell.

Over the years, Bell’s difficul-
ties in dealing with females devel-
oped into a pathological hatred of
women that helped transform him
into a serial killer, according to
investigators.

“This is a man utterly without a
conscience and totally lacking in
remorse,” said llth Circuit
Solicitor Donnie Myers, who pros-
ecuted Bell. “He is the epitome of
evil and the soul of sadism.”

John Allard covers prison issues.
He can be reached at 771-8358 or |
by fax at 771-8430.

bell ts competent
to face execution,
state judge rules

BELL FROM PAGE’ A1

of capital punishment and why he
will be executed.

“Although he is mentally ill, he
still has the ability to manipulate
and control his presentation. He
can control his responses when he
desires to do so,” Maring said. ‘He
can communicate much informa-
tion to his attorneys,”

Maring said Bell listened intent:
ly to testimony during a three-day
mental-competency hearing earlier
this week. He also noted that Bell
behaved well in court and interact-
ed with other people, smiling and
laughing at jokes. .

Bell nodded to Maring when cor- j

rectional officers led him into the
courtroom to hear Maring’s deci-
sion. Maring then nodded back.

Bell did not react. when Maring
announced his decision. The: 47-
year-old Gilbert electrician immedi-
ately focused on his upcoming exe-
cution.

‘“He asked 1 us if his gateway as-
cension (to:'God’s throne) will occur
next Friday,” ‘said John Delgado,
one of Bell’s court-appointed attor-
neys. “We told him yes.”

’

Maring found that Bell.
understands why he will be
executed.

net

Preparing for death. Bell has select-

ed Jack Swerling, one of ‘his trial
attorneys, as his witness for the exe-
cution. He has instructed his attor-

neys to have his body cremated. He °

does not want a memorial service
unless his family requests’ one.

He believes his body will be res-
urrected, as Jesus Christ’s: was,
right after an executioner pushes a
button to switch on the - electric
chair. Bell chose to be strapped in
the chair, which he calls “the ,true
blue oak,” because he thinks it will
be a gateway to God’s throne.

Bell plans to start a purification’

ritual today that will last until he is

executed. He will fast, drinking only.
“holy water.” He will not speak:

with anyone, including his attor-
neys. When he is ledto the electric
chair, Bell believes God will close
his eyes and keep them proned until
Bell is executed.

Bell received death sentences

for the 1985 murders of Debra May. _

Helmick, 9, and Shari Faye Smith,
17. He kidnapped them outside
their homes in Richland County and
Lexington County, respectively.
Debra May’s mother and pater-
nal grandmother’ broke .down in
tears when Maring said. he would

not postpone Bell’s execution. They: °

attended the entire competency
hearing, traveling from their homes
jn Barnwell and Wagener.

“The biggest thing is there will
be closure to it,” said Debra Hel-
mick Lowe, who is scheduled to wit-
ness Bell’s execution on her daugh-
ter’s behalf. “I pray every night, and
I prayed last night for the judge to
make a reasonable decision and left
itvat that.” 4:4

' Smith’s maternal uncle, Rick

Cartrette, said he had been confi- .

dent that. Maring would not post-

' pone Bell’s execution. He attended
. the hearing on behalf of Smith’s

parents and sister.

'“T-felt based on his background
that the execution would go for-
ward,” said Cartrette, who is sched-
uled to witness Bell’s execution on
the Smith family’ s: behalf. “The
whole family is relieved this could
finally be put to an end.” _

After Maring ruled, 11th Circuit
Solicitor Donnie Myers displayed
photographs of the victims and a

‘pink carnation that he kept on his

table during Bell’s two murder tri-
als. |

' ' . “He’s not a’'mad dog, he’s a bad

dog,” Myers said. “Larry Gene is a
killing machine. His name is hor-
ror.”

Further appeals coming. Delgado
and Stephen Morrison, Bell’s other
court-appointed attorney, said they
would appeal Maring’s ruling to the
state Supreme . Court early next
week.

‘The Supreme Court is not ex-
pected to overturn Maring’s ruling
because there was conflicting testi-
mony about how Bell’s disorder af-

‘fects his mental state.

U.S. appellate ‘courts set a men-
tal- -competency standard for execu-
tions under a principle that has

‘been part of English common law
. for three centuries.

“This is one of the most ancient

-common-law rights,” said David
Bruck, a Columbia lawyer and capi-

tal-punishment. expert. “An insane
person can’t make his peace with
God. And as a society, we are not
truly punishing someone who
doesn’t understand why he is being
executed.”

_ Bell would be the first killer elec-
trocuted since Sept. 6, 1991, when
mass murderer Donald “Pee Wee”
Gaskins was strapped in the electric
chair.

A bill that Gov. David Beasley
signed last year changed the state’s
preferred execution method from
electrocution to lethal injection, but
killers who were already on Death
Row still can choose the electric
chair. The four killers put to death:
in the past year all chose to die by
lethal injection.

Bell would: be the fourth killer
executed in South Carolina this
year. and the ninth overall since
1977, when state lawmakers re-
stored capital punishment.

Staff Writer Wendy Warren contrib-
uted to this story. John Allard covers
prison issues. He can be reached at
771-8358 or by fax at 771-8430.

“9

Asked if it was true that his in-
vestigators were preparing to name a sus-
pect, Metts said, ‘‘I can tell you who he
isn’t. We’ve questioned about 200 per-
sons we know who didn’t kidnap or kill
the girl.”’

FBI Agent Tommy Davis told report-
ers that he had collected all available
information gathered by investigators for
transmission to the Bureau’s laboratory
in Quantico, Virginia. There it would be
analyzed by psychologists and sociolo-
gists in the hope of developing a profile
of the killer.

Commented Sheriff Metts: ‘‘Any time
you have a killer who fits a profile like
this, it is my opinion that the person who
kills once will kill again. He will want to
continue to be the center of attention.”’
The sheriff's words proved to be tragi-
cally prophetic.

At around 4:00 on the sunny Friday
afternoon of June 14, 1985, exactly two
weeks after the abduction of Shari
Smith, blonde, blue-eyed Debra May
Helmick was playing with her 5-year-old
brother in the front yard of their parents’
mobile home in Richland County, a few
miles south of Columbia. Engrossed in
what she was doing, the 10-year-old girl
scarcely looked up as a car drove into the
trailer park along the Old Percival Road
and then stopped alongside her home.

Seconds later, a neighbor in the kitch-
en of the house adjoining the Helmicks’
was startled to see a man get out of the
car, grab the screaming child, throw her
onto the seat and speed away before the
neighbor himself could rush to the little
girl’s aid. The neighbor pounded on the
door of the Helmick home, told Debra’s
father what he had seen and together the
men raced to the trailer-park office where
they called and reported the abduction to
Richland County Sheriff Frank Powell
and Lieutenant Jack Sullivan.

When sheriff’s investigators arrived,
they were greeted by Debra’s father and
the neighbor who had witnessed her ab-
duction. The witness identified the kid-
napper’s car as a late-model Chevrolet
Monte Carlo, or Pontiac Grand Prix, sil-
ver with red racing stripes. Although he
could not recall the license plate, he was
certain that it was a South Carolina tag
with the letter ‘‘D.’’ On the bumper was a
Coors beer sticker.

‘*What about the driver?’’ a detective
asked. ‘‘Did you get a good look at
him?”’

The neighbor described the kidnapper
as a heavyset white man in his mid-30s,
carrying about 215 pounds on a frame
two or three inches under six feet.

Debra’s father was certain that he did

56 Official Detective %

not know anyone matching the descrip-
tion. Nor did he know anyone driving a
car like the one described by the man. He
explained that his family had moved to
the trailer park only recently.

Debra’s father told police that his 10-
year-old daughter was wearing white
shorts and a plaid blouse. She had been
barefoot when she went out of the house
to play with her brother. Sheriff’s in-
vestigators wasted no time in broadcast-
ing a description of the missing child, her
abductor and her abductor’s car to all
police agencies in the area. When the
report reached the nearby Lexington
County Sheriff’s Office, deputies imme-
diatély noticed the obvious similarities
with the Shari Smith case.

“Forget about the difference in the
victims’ ages,’’ one prober said, ‘‘and
the cases are virtually carbon copies of
each other. Both girls were blue-eyed
blondes, barefoot and wearing shorts.
And both were grabbed late on a Friday
afternoon.”’

Many of the same FBI and SLED
agents working on the Shari Smith case
now turned their attention to the hunt for
Debra Helmick, as did volunteers who
offered their services to a hastily called
search effort. Hoping that the little girl
would escape the same fate as the teenag-
er, deputies and agents worked round-
the-clock, while a police artist put togeth-
er a drawing of the abductor from the
description supplied by the neighbor.
Posters showing the drawing and a photo
of the missing child, as well as the de-
scription of her kidnapper’s car, were
posted throughout the county.

Late on Saturday afternoon, as search-
ers were combing the county for Debra
Helmick, a call came into the sheriff’s
office in Lexington County from a man
whose voice was easily identifiable as
that of the prime suspect in the slaying of
Shari Smith. The man explained that De-
bra Helmick could be found in a wooded
section of neighboring Kershaw County,
South Carolina.

Joined by deputies from Lexington,
Kershaw and Saluda Counties, SLED
agents raced to the Kershaw County
woods. There, as they had been told,
they found the body of little Debra Hel-
mick in a woodland clearing not far from
a road.

As in Shari Smith’s case, Debra’s face
and wrists showed marks from duct tape.
The apparent cause of death, again, was
strangulation or asphyxiation. Once
again, investigators were all but certain
that the victim had not died where her

body was found.

As panicky residents of central South
Carolina were wondering where and
when the brutal killer might strike next,
probers were putting much of their hope
for finding him in the capabilities of the
National Crime Information Center com-
puters, into which all the relevant facts of
both cases had been relayed. After di-
gesting the data,the NCIC computers in-
formed the lawmen of three very similar
cases that had taken place in nearby
Charlotte, North Carolina, over the pre-
vious decade.

The first of these was the July 31,
1975, disappearance of 21-year-old De-
nise Porch, the blonde-haired, blue-eyed
resident manager of a Charlotte apart-
ment house. A number of crank calls had
come in after the pretty young woman
had vanished from the Yorktown Apart-
ments on Tyvola Road, and a witness
was found who reported seeing her on
the fateful Tuesday afternoon in the com-
pany of a dark-haired man. Police be-
lieved that the man had asked Denise
Porch to show him an apartment in the
complex and then had abducted her. But
despite unrelenting efforts by probers,
not a clue to her whereabouts was ever
found. On September 16, 1982, she was
declared legally dead.

On December 18, 1980, more than
five years after Denise Porch was last
seen, 17-year-old Beth Marie Hagen
vanished in mid-afternoon while walk-
ing toward her home, a short distance
from Tyvola Road. That same day, her
body was found in a wooded area, an
electric cable knotted around her throat.

Just several days before her death, po-
lice learned, a man who had been ques-
tioned in connection with the Porch case
had been to a party at Beth Marie
Hagen’s home. Police would identify
him as the leading suspect in the Hagen
case, but they were unable to develop
enough evidence against him to merit
filing charges.

The third case to fit the familiar pat-
tern had its beginning on the cool Sunday
afternoon of November 18, 1984, when
26-year-old Sandee Cornett, an in-
surance adjuster and part-time model,
vanished from her three-bedroom home
on the 8900 block of Eaglewind Drive in
east Charlotte after dinner with her fian-
ce. The following day, when she failed
to show up for work, fellow employees
reported her missing. When Charlotte
police investigators arrived at her place,
they found her purse emptied on a bed,
but no indication of a struggle. The only
things that could be determined to be
missing were a blue jogging suit, a dic-

tating machin
bank c

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tating machine and the young woman’s
bank card.

Just two days after her disappearance,
on November 21st, someone phoned the
pretty green-eyed brunette’s bank, gave
her account number and asked for her
balance. Police were certain that the call-
er was not the missing Sandee Cornett
herself.

**‘She would have known how much
she had in the bank,”’ said Charlotte po-
lice spokesman Bob Moss. ‘‘She kept
meticulous records.’’ The caller, he add-
ed, sounded like an articulate young
woman.

On Friday, November 30th, Charlotte
police revealed that someone had used
Sandee Cornett’s bank card to draw
money totalling $1,000 from a number
of east Charlotte banking machines. In-
vestigators theorized that a woman who
had used the card might not have known
anything about the abduction.

“It could be that she did this for a
friend,’’ said Major Larry McGraw.
‘*We’re hoping she doesn’t want to be
involved and charged as an accessory,
and will come forward.’’

Police said that they knew what the
woman looked like, and might have her
fingerprints, but they still did not know
how she had obtained the access number
for the banking machines. ‘‘The first
time she used the card was around 11:55
on the evening that Sandee Cornett dis-
appeared. She took about $200 from the
machine and nobody saw her do it,’’ one
prober said.

‘*The following afternoon, shortly af-
ter one o’clock, she used the card four
times at another bank to withdraw $400
and this time we found witnesses who
had been standing in line and remem-
bered seeing her. They described her as a
white woman with shoulder-length
brown hair, about five foot seven, and
slender, driving a compact car, maybe
light green, with North Carolina tags.’’

At the same time, police issued a de-
scription of a man believed to have used
the bank cards four times at around 6:00

p.m. on Tuesday, November 20th, to,

withdraw $400. Witnesses said that he
was a white man in his 20s, standing 5
feet 10 inches tall, with a medium to
slender build, clad in a tan or brown
waist-length winter jacket and driving a
full-sized American car, a dark four-
door model.

On Friday, November 23rd, when
someone again tried to make a withdraw-
al using the missing woman’s bank card,
the bank had already been alerted to San-
dee Cornett’s disappearance; the ma-
chine kept the card.

As the investigation continued, Char-
lotte police learned that Sandee Cornett
had previously dated the same man
named as a suspect in both the Porch and
Hagen cases, an electrician named Larry

Gene Bell. At the time of Sandee Cor- .

nett’s disappearance, Bell had been mak-
ing his home on the 8100 block of Will
Hill Road, less than four miles northeast
of Eaglewind Drive.

Larry Gene Bell would again come to
the attention of Charlotte police when a
woman reported that her bank card had
been stolen and a thief had used it to
withdraw $700 from her account. The
woman reported that she had been dating
Bell and that she suspected him of taking
the card. When police came looking for
Bell, however, he was believed to have
fled Charlotte; detectives were unable to
pick up his trail.

In the summer of 1985, when the
NCIC report came back to Columbia,
detectives contacted Charlotte Police
Major McGraw, the felony unit chief,
and were told that detectives had recently
developed a fresh lead in the Denise
Porch case and were eager to speak once
more with Larry Gene Bell, whose
whereabouts were still unknown.

Not long after, the Bureau of Motor
Vehicle Registrations reported that a
late-model silver Pontiac Grand Prix
adorned with red racing stripes and a li-
cense plate beginning with ‘‘D’’ was reg-
istered to a Larry Gene Bell of Columbus.
Detectives quickly approached Eleventh
District Solicitor Donald V. Myers with
requests for arrest and search warrants
naming Bell a suspect in the abduction
and slaying of Shari Smith and Debra
Helmick. A short time later, he was taken
into custody.

Forensic science specialists would re-
port that a search of Bell’s home turned
up strands of blonde hair similar in tex-
ture and length to Shari Smith’s and De-
bra Helmick’s hair. The investigators al-

so found a roll of duct tape of the same —

width used to gag and bind both murder
victims. Clerks at the store from which
the phone call to the Smith family had
been placed recalled seeing Bell there.
And the witness who had observed the
abduction of Debra Helmick, it was re-
ported, selected Bell out of a police line-
up as the man he had seen grab the child.

In mid-July, a source close to the probe
told a Columbus newspaper that Bell had
made statements to Richland County au-
thorities in connection with the disap-
pearance of Sandee Cornett. ‘‘He told
officers that God would probably let him

tell them where her body could be found
in a couple of weeks.”’

‘*We think he knows where she is,”’
said Major McGraw. ‘‘What it will take
to get it out of him, I don’t know.”’

At least one acquaintance of the miss-
ing woman told newsmen that she was
certain Sandee Cornett had not dated the
accused slayer, but had met him through
a former boyfriend employed at the same
Eastern Airlines ticket counter at Char-
lotte’s Douglas International Airport
where Bell had worked as a reservations
clerk.

‘*He had been to her house one time for
a birthday party at the invitation of the
boyfriend,’’ said Charlotte Police Cap-
tain Wade Stroud. ‘‘That is the only time
people remember seeing him there.

‘*So he knew his way to the house and
he had met the woman before. It was
enough for us to start looking at him.”’

Before the month was out, Bell was
formally charged with the abduction and
murder of Shari Smith. On Friday, Au-
gust 2nd, he was charged with the murder
and kidnapping of Debra Helmick. The
warrants, signed around 1:00 p.m., were
served on Bell at the Central Correctional
Institution in Columbia, where he had
been held since his arrest.

Solicitor Myers, who represented both
Lexington and Saluda Counties, said that
both cases were expected to go to the
Lexington County grand jury in the first
week of September. If indicted, he said,
Bell would be tried in Lexington County
Circuit Court.

On Friday, August 9th, Bell’s attorney
told newsmen that despite the unrelenting
interest in his client as a suspect, Bell
‘‘completely denied any knowledge of
the Cornett case.”’

On Monday, August 12th, a Saluda
County grand jury indicted Bell on
charges of kidnapping Shari Smith. The
suspect pleaded innocent to the charges.
Solictor Myers announced that he would
seek the death penalty against Bell in the
case.

In November, Larry Gene Bell went
on trial for his life on charges stemming
from the kidnapping and murder of Shari
Smith. A short time later, though, Judge
John Smith ruled that a fair jury could not
be impaneled and ordered the trial
moved to Monck’s Corner, South Caro-
lina, a few miles northwest of Charles-
ton.

On Monday, February 10, 1986, in
Monck’s Corner, jury selection got un-
der way for a second time in Larry Gene
Bell’s trial for the kidnap-slaying of
Shari Smith. The case against Bell had
stirred harsh feelings against the suspect

Official Detective 57

theft?”

Connor’s
the murdered
t from Silas

{ to check on
s, simuMane-

t have been
: Connor was

earned from
f the Califor-
it the Depart-
nt fingerprint
dining-room
42-B, taken
the hallway,
‘alifornia De-

ification Sys-'

e of Richard
vho had a Sac-
t record.
s department
»btained a set
rints and dis-
er 34, taken
clasp of the
also matched
s, who some-
id Stephens.
it Jones, using
2n arrested and
| by the Sacra-
t on February
ter been freed.
an address

iuiia Depart-

ment of Motor Vehicles revealed that
Jones had lived on Redondo Way in Sac-
ramento when he had applied for a regis-
tration certificate for a 1976 Honda mo-
torcycle.

With these leads, the detectives were
able to contact a former girlfriend of
Jones who told them she believed that he
was staying with a friend named Jerry
Hall in Oroville, about 100 miles to the
north.

Oroville police were able to locate
Hall, who was interviewed by Sergeant
Machen and Detective White. He told
them that on Tuesday or Wednesday fol-
lowing the murder, he had received a call
from Richard Jones, asking him for a
ride. He had been directed to a home in
Elk Grove, a suburb of Sacramento.
Among Jones’s possessions were some
stereo equipment and television sets.
There was also, Hall noticed, a heavy
bandage on Jones’s hand.

Taken to a home in the Sierra Nevada
foothills outside of Oroville, Jones had
sold the television sets for $75 and the
stereo equipment for $60.

Returning home, Hall said, Jones had
admitted that the cut on his hand had
been received during a murder. He
claimed that he had been involved in a
dope deal and that when he had reached
the man’s house, the guy had pointed a
gun at him and had tried to rip him off.
Jones claimed he had wrestled the gun
away from the man and had stabbed him.
Then he had stolen the electronic equip-
ment.

After hearing the story, Hall said, he
had asked Jones to leave. He claimed to
know nothing more about the murder or
where Jones was currently living.

Jones moved rapidly ahead of Berlin
as the number one suspect in the case,
and police in both Oroville and Sacra-
mento began searching for him. Eventu-
ally, a photograph of the wanted man
was released to the news media.

On March 31st, Officer Gary Deming
of the Oroville Police Department re-
ceived word from his dispatcher that a
citizen was on the telephone with infor-
mation about Richard Lee Jones.

Officer Deming met the informant
near his home. The man said he had seen
a photograph of Jones on Sacramento
television Channel 3 and was sure he had
met him a day or so earlier. The witness
then led the officer and Sergeant J. Lee to
the residence where he had been in-
troduced to the suspect.

The officers checked the residence
carefully and decided that whoever was
there was alone and entered. After a few
tense moments and some negotiating,

Jones shouted, ‘‘I’m coming out! Don’t
shoot!”’

Later, when he had been returned to
Sacramento, Jones waived his Miranda
rights and said he had killed Connor in a
fit of anger. But the truth may never be
known.

Perhaps the closet thing to it was con-
tained in a rambling note, found by a jail
guard, which Jones wrote to a friend. In
it he claimed that he had been involved in
a drug deal with Connor and became
suspicious that the report writer was a
policeman trying to trap him.

‘‘T asked him if he was a cop or what,”’
the note said. The fatal stabbing fol-
lowed immediately.

There was more than ample evidence
connecting Jones to the crime. A cut in
his hand had required 13 stitches. His
blood matched the second type found in
the apartment. The bottom of his shoes
matched the footprints in blood found in
the dead man’s apartment. The stereo
equipment, with matching numbers, tak-
en from Connor’s apartment, was recov-
ered from the man to whom Jones had
sold it.

The detectives were positive that Ber-
lin had nothing to do with the crime. He
did not know Jones. There was nothing

other than his fingerprints and the sight-

ing by the woman to connect him with

the crime. But there will always be rea-

son to wonder whether he’d visited Billy

= that fatal night, found his body, and
ed.

Did Billy Ray Connor, intent on im-
proving his position and status in life,
attempt to trap Richard Jones and im-
press his superiors with a drug bust of his
own? Or was he simply the victim of a
thief who killed him for a profit? There
was no evidence that the report writer
had been involved in drugs in any way.

Certainly Connor, a man whose edu-
cation called for something more than a
report-writer’s salary, was ambitious.
There was ample evidence that he was
studying and preparing for promotion.

Jones pleaded guilty to the charge of
first-degree murder, and in January,
1987, he was sentenced to 26 years to life
in prison. He is currently serving his time
in the California prison system. ***

EDITOR’S NOTE:

Silas Berlin and Jerry Hall are not the
real names of the persons so named in
the foregoing story. Fictitious names
have been used because there is no rea-
son for public interest in the identities of
these persons.

On the afternoon of Shari Smith’s fu-
neral, her grieving family received a call
from the man who had phoned the house
before. He told them that he had attended
the ceremony; he said he was sorry that
he had kidnapped the teenager and that
she was dead.

Around that same time, a reporter
from a Columbia television station re-
ceived a call from the same man, who
again said that he had attended Shari’s
funeral and that he was sorry she was
dead. '

‘*I just made a mistake,’’ he allegedly
said. ‘‘All I wanted to do was make love
to her. I didn’t know she had some kind
of a rare disease. It just got out of hand
and I got scared.”’

Adding that he wanted to give himself
up, the caller said that he was afraid he
would be shot as a result of the bitter
feelings the murder had aroused. He said
that he would surrender to the reporter
and named a place where he would turn
himself in at 6:00 the following morning.
The newsmen made no mention of the
call on the air that day, but he did report it

Pervert Terrorized South

(from page 35)

to leaders of the investigation. When
6:00 rolled around the next morning,
however, the caller was not at the ap-
pointed spot.

Convinced that the man he had spoken
with was indeed the person he claimed to
be, the reporter waited till noon before he
abandoned his vigil. Then he went on the
air to make a plea for the man to phone
again and set a new time and place for his
surrender. When the plea failed to draw a
response, Sheriff Metts went on the air to
assure the man that he would not be
harmed if he surrendered.

‘‘We are getting close to you,’’ he
warmed. ‘‘And the investigation is run-
ning around the clock.”’

Speaking later with reporters, Metts
said that he did not believe the caller had
had any intention of turning himself in to
the police. ‘‘He’s taunting us with that
stuff about being afraid to give himself
up,’’ the sheriff said. *‘It’s just like those
calls he made to the family, saying she
was alive when he knew she was dead.
He wants to create a sensation. It’s some
kind of a high for him.”’

Official Detective 55

in a large part of the state, and that morn-
ing the police found a Molotov cocktail
outside the courthouse. After the incen-
diary device was removed, Bell was es-
corted into the courthouse, wearing a
sign that read, ‘‘I am innocent.’’

The day’s proceedings were marked
by a stormy outburst from the defendant,
who at one point, rose suddenly from his
chair and pointed his finger at Judge
Smith. ‘‘Why am I being held at the
gates of hell?’’ he demanded. ‘‘This is
not justice.’

‘‘Just sit down Mr. Bell,’’ the jurist
said, and the 37-year-old defendant com-
plied.

On Wednesday, February 12th, the
first day of testimony, a woman who was
driving past Shari Smith’s home mo-
ments before the abduction identified
Bell as the man she had seen stopping his
car in the girl’s driveway that day. The
witness said she was certain that it was
Bell that she had seen because the de-
fendant’s car had almost struck hers and
she was afforded a good look at the driv-
er.

Bell, she noted, no longer looked the
same as he did that day. ‘‘He is a lot
smaller now, and he has got a beard,”’
she said. ‘‘His eyes did look like him, if
you will look at his eyes.’’

One day later, the jury heard tapes of
no fewer than eight calls that Shari
Smith’s family had received in the 19
days after the girl’s abduction, calls
made by a man with a deep voice taunt-
ing them about the teenager’s fate.

In one call, the man casually described
the girl’s final moments. ‘‘I gave her a
choice,’’ he boasted, ‘‘to shoot herself,
or give her a drug overdose, or suffocate
her.’’

On another occasion, the caller had
apologized to the girl’s family. ‘‘This
thing just got out of hand,”’ he had said.
‘All I wanted to do was just make
love.”’

On a call made on June 6, 1985, the
day of Shari Smith’s funeral, the caller
had phoned her family to say, ‘‘Pick her
favorite song...and sing it, and she will
be listening.’’

On one of the tapes, the caller admit-

ted that he had used a gun to force the girl’

into his car, a point the prosecution
seized upon to help prove that a kidnap-
ping actually did take place.

The tape went on to describe Shari
Smith’s tortured death. ‘‘I took duct tape
and wrapped it all the way around her
head,’’ the caller said.

From the June 6th call: ‘I can’t live in
prison and go to the electric chair...Do
you know what is going to happen to

58 Official Detective

me?...1’m going to get fried.”’

The caller also told a relative of Shar-
i’s that he had plans for her, too. ‘‘You
know God wants you to join Shari,”’ he
said. *‘You can’t be protected all the
time.”’

On Friday, February 14th, a key docu-
ment was introduced into evidence over
defense claims that it would inflame the
jury. The two-page letter referred to as
Shari Smith’s ‘‘Last Will and Testa-
ment’’ had been written by the girl in the
hours before her death and then mailed to
her family by her killer.

It read, in part: ‘‘...Please don’t even
let this ruin your lives, just keep living
one day at a time for Jesus. Some good
will come out of this. My thoughts will
always be with you and in you...’’

Then Shari had asked her parents for a
closed casket at her funeral.

“*T love you all so damn much. Sorry,
Dad, I had to cuss for once. Jesus for-
gave me...

“*T want to say what I should have said
before now. I love you.

“I know y’all love me and will miss
me very much, but if y’all stick together
like we always did—y’all can do it.

**Please do not become hard or upset.
Everything works out for good for those
that love the Lord.’’

On Monday, February 17th, the pros-
ecution began its attempt to link Bell to
both the Helmick and Cornett cases.

‘*He stated to us he has these three
girls on his mind,’’ Charlotte Detective
Larry Walker testified, referring to a July
14th interview with the defendant.

“‘He stated that when Shari Smith
died, her eyes were closed—not like in
the movies when they die and they are
open.

‘*He stated he asked her, ‘Is there any-
thing you want before you depart?’

‘*He stated that after she died, he came
back home and cleaned everything up
and put it in a green dumpster.’’

With the jury out of the room, Detec-
tive Walker told the court that Bell had
said that Sandee Cornett’s ‘‘hands and
fingers (were folded) like she was pray-
ing, just like the Smith and Helmick
cases.”’

Bell also reportedly said that he want-
ed Sandee Cornett’s family present when
he disclosed the location of her body, but
‘‘when the revelation came, he wanted
her family to leave the room and he
would reveal where the remains were.’’

That afternoon, the defense presented
its first witness—a psychiatrist who tes-
tified-that Bell had a mental illness that

he would describe as ‘‘sexual deviation,
satanism.”’

In 1976, the witness said, Bell told
doctors at a state mental hospital, that,
‘*I want to find out what makes me lose
control and attack girls.’’

A clinical psychologist testifying for
the defense told the court that Bell had a
below-average IQ and had responded to
a Rorshach ink-blot test by saying that he
thought the blots were changing ‘‘before
his eyes’’ and that he saw ‘‘battles of
gods and devils.’’

“If you all believe that,’’ Bell said
after the witness left the stand, ‘‘Mona
Lisa is a man.”’

Taking the stand in his own defense on

Tuesday, February 18th, Bell told the .

jury of the murders of Shari Smith, De-
bra Helmick and Sandee Cornett, of at-
tacks on women in Rocky Hill and Co-
lumbia, South Carolina, of obscene calls
made to women in Charlotte and of how
he was fired from Eastern Airlines in
1983 for computer tampering. In all
those cases, he insisted, he was wrong-
fully accused, just as he was for the mur-
der of Shari Smith.

It was the apparent intention of Bell’s
attorney to prove that his client was irra-
tional and therefore not responsible for
his crimes. Bell did not let his lawyer
down. During the defendant’s time on the
stand, six hours during which he stood
ramrod straight, he was asked by the law-
yer if he had any problems with the mur-
ders of Debra Helmick and Shari Smith.
Bell bent over and hugged himself and
said, ‘‘The only problem that stands out
in my mind is I was catching fish and
Jerry wasn’t—ha, ha, ha.’’

When he first took the stand, Bell told
the jury: *‘I was a Halloween baby...1
was born in Ralph, Alabama, R like Rob-
ert, A-L-P-H, like dog.’’

Asked why he stood instead of sat dur-
ing his testimony, Bell said, ‘‘There are
no chairs at the gates of hell.’’

Then the defendant suddenly began to
complain about being held without bond.

“‘T have worn this shirt three damn
days in arow,”’ he said. ‘‘I don’t know if
you all have noticed. I don’t complain
about it. This is business.

“I didn’t get any dress shoes,’’ he add-
ed, lifting his left leg high enough to
show off his basketball sneakers. ‘‘This
is business.’’

Moments later, Bell raised his leg
again and rolled his trouser to the knee.
**See here the big scar?’’ he said. ‘‘It’s
numb. You can take a pin and stick it in.”’

Asked by his attorney about visions of
women he was accused of slaying, Bell
answered: ‘‘I had a vision of Shari Smith

and I shal
is present
Back on uic s
Wednesday. Be
Smith was abdu
**Silence is g:
When Judge ‘
answer the ques!
ting astride a w«
the witness stan
across his knee-
‘Silence is gold
Moments late:
asked if he had «
that when Shari $
closed, Bell exp
‘*Ain’t we ha’
lence is golden.
To veteran co
evident that M\
the strategy of t!
to show that Be!
To some it app:
pared to prevent
When Myer
tempted abduct:
Carolina, won
Bell’s first kn
the defendant :

gs 4

g City
i

Be ee

"He has the ability to rationally communicate, but is choosing not to do so," Zelenka said.
Solicitor Donnie Myers, who originally tried Bell for the girls’ murders, said he was elated at
Maring's decision because he doubted Bell's insanity all along.
"He's not a mad dog, he's a bad dog," Myers said.
The usually impassive Bell became animated during closing arguments, turning around to look
behind him and around the courtroom, whispering to Delgado and looking at reporters in the
witness box.
He smiled slightly and nodded, then resumed his silent stare toward the judge.
Shari's uncle Rick Cartrette, 48, will witness the execution for her family.
He said the thought of witnessing an electrocution would probably give him nightmares "but I'm

doing this for Shari. She didn't have a choice."

Vat GJ-2F-%6
PE ral RCP ny Gee: loos S (Gurrer

Click here to send feedback.

®. Mareh 4, 1988: Bell files second appeal in the Smith case. The request for
post-conviction relief alleges that his attorneys didn't adequately represent him at
trial.

@ Feb. 26, 1990: The S.C. Supreme Court denies Bell's appeal in its initial mandatory

review of the death sentence in the Helmick case.

@ Oct. 1, 1990: The U.S. Supreme Court refuses to consider Bell's initial appeal of the -
death sentence in the Helmick case. |

© Oct. 31, 1990: Bell files a second appeal of the death sentence in the Helmick case, «
seeking post-conviction relief. That appeal remains pending. i

@ Aug. 22, 1991: Circuit Judge Walter Bristow denies Bell's second appeal of the CS
Smith case death sentence.

@ April 5, 1993: The U.S. Supreme Court refuses to review the second Smith case L
appeal.

@ Aug. 2, 1993: Bell files his third and final appeal in the Smith case. He requests a
habeas corpus writ, saying he is improperly imprisoned.

@ Sept. 30, 1994: U.S. District Judge Henry Herlong denies Bell's habeas corpus
request in the Smith case.

@ Dec. 18, 1995: The 4th U.S. Circuit Court of Appeals denies Bell's habeas corpus
request in the Smith case.

@ June 17, 1996: The U.S. Supreme Court refuses to consider Bell's habeas corpus
request in the Smith case.

@ Sept. 6: The S.C. Supreme Court orders Bell to be executed since he has exhausted
his appeals. The order is read to Bell in his Death Row cell.

@ Sept. 10: Bell's attorneys move to postpone the execution by requesting a
mental-competency hearing, claiming that Bell is not competent to be executed.

@ Sept. 27: Circuit Judge David Maring rules that Bell is mentally competent and
allows the state to proceed with Bell's execution.

@ Oct. 4: Bell is scheduled to be put to death in the electric chair at 1 a.m. He chose
not to die by lethal injection, the state's preferred execution method.

Sha Fe

TA e

Bell is the first condemned prisoner to try to delay his execution by claiming that he is not mentally
competent to be killed under the state's current death-penalty law.

The U.S. Supreme Court and the S.C. Supreme Court have ruled that it would be cruel and
unusual punishment to execute a killer who is not mentally competent.

Maring found that Bell's mental illness, most commonly diagnosed as schizophrenia, does not
prevent him from communicating with his attorneys, saying Bell can understand and respond to
questions. He also ruled that Bell understands the nature of capital punishment and why he will be
executed.

"Although he is mentally ill, he still has the ability to manipulate and control his presentation. He
can control his responses when he desires to do so," Maring said. "He can communicate much
information to his attorneys."

Maring said Bell listened intently to testimony during a three-day mental-competency hearing
earlier this week. He also noted that Bell behaved well in court and interacted with other people,

-~%?)-~

Saturday, September 28, 1996

Bell competent for execution

Associated Press
GREENWOOD - Condemned murderer Larry Gene Bell may call himself the son of God and
think the electric chair is a direct line to heaven, but he is sane enough to be executed for killing
two girls, a judge ruled Friday.
Bell's lawyers said they would appeal, but they don't expect success.
After hearing three days of testimony from Bell's lawyers and mental health experts, Circuit
Judge David Maring said Bell meets the state's sanity test and can be executed at 1 a.m. on
Friday in Columbia.
He understands why he was tried and the nature of his punishment, and he can rationally
communicate with his lawyers if he chooses, the judge said.
"He retains enough cognate thought to manipulate the system, and get the results he wants,"
Maring said.
Bell, 47, would be the first person executed by electrocution in South Carolina since mass
murderer Donald "Pee Wee"Gaskins was killed in 1991.
The four executions since then, three of them this year, have used a lethal injection of drugs.
Mental health experts said during this week's hearing that Bell thinks the electric chair will take
him directly to God's throne.
The Gilbert electrician has been on Death Row since 1986 for killing 17-year-old Shari Faye Smith
and 9-year-old Debra May Helmick in June 1985.
Both were abducted from their yards in Richland and Lexington counties.
Bell did not flinch when Maring read his decision, but the girls' relatives hugged.
Debra's mother, 40-year-old Debra Lowe, will witness the execution next week.
She said she did not believe in capital punishment before her daughter's death, but supports it now.
"I feel like it will finally bring closure to this horrible ordeal for us," she said.
One of Bell's lawyers, John Delgado, said an appeal to the state Supreme Court is likely, but he
does not expect it to succeed.
"For all intents and purposes, this is it," Delgado said.
Eight defense psychiatrists and psychologists testified that Bell was mentally ill, with most saying
he was schizophrenic.
Bell's delusions keep him from helping with his defense, one of his lawyers, Stephen Morrison,
said in final arguments.
"We continue to get: ‘I am Jesus. This is spiritual warfare. Satan[JU] is involved with this,”’
Morrison said.
But Don Zelenka, assistant attorney general, said Bell knew enough to talk to Dr. Harold Morgan,
a defense psychiatrist, during the hearing, even while claiming God told him not to talk to any
prosecution or court-appointed doctors.

PET en ae Oe

CSbhe' # State

WEB EDITION

Bell's ills won't halt execution

Killer is competent, state judge concludes
Saturday, Sept. 28, 1996

By JOHN ALLARD, Staff Writer
GREENWOOD -- Convicted killer Larry Gene Bell ran out of miracles Friday.

A state judge ruled that Bell can be put to death Oct. 4 despite his serious mental illness, including
hallucinations that God gives him commands.

Bell's belief that he is Jesus Christ and has miraculous powers failed to persuade Circuit Judge
David Maring to postpone his execution.

Maring decided Bell is mentally competent and said the state can proceed with plans to execute
him in the electric chair at 1 a.m. Friday.

Legal chronology

Bell received his first death sentence in February 1986 for kidnapping and murdering
Shari Faye Smith, 17. He received a second death sentence in March 1987 for abducting
and killing Debra May Helmick, 9.

@ Feb. 23, 1986: A Berkeley County jury finds Bell guilty of kidnapping and murder in
the death of Shari Faye Smith.

@ Feb. 27, 1986: Jurors decide Bell should be executed for Smith's murder.

@ March 3, 1986: Bell files initial appeal of death sentence in Smith case.

@ March 27, 1987: A Pickens County jury finds Bell guilty of kidnapping and murder in

the killing of Debra May Helmick.

April 2, 1987: Jurors decide Bell should be executed for Helmick's murder.

April 10, 1987: Bell files initial appeal of death sentence in Helmick case.

Aug. 24, 1987: The S.C. Supreme Court denies Bell's appeal in its initial mandatory

review of the death sentence in the Smith case.

@ Dec. 4, 1987: The U.S. Supreme Court refuses to review the initial appeal in the
Smith case.

had help from the defender offices.

A better system was the goal when Congress created the centers in
1988. Death rows were getting crowded, federal appeals were piling up,
and lawyers, let alone experienced ones, were hard to find.

The centers get some state and private moneys, but federal funds
make up the vast majority of their budgets. If that’s cut, it’s unclear
how the centers will operate.

In Adams’ case, Bruck was appointed by a judge to handle Adams’
federal appeals. The defender organization provided research and staff
support.

The lawyers argued unsuccessfully that jurors never learned of
Adams’ mental retardation but did hear graphic testimony of how Adams,
in a bungled 1979 robbery-turned-kidnapping, wrapped a tablecloth
around 16-year-old Bryan Chambers neck and twisted it until he died.

Adams‘ defenders also questioned his trial lawyer’s relationship
with a key prosecution witness he had previously represented, the trial
judge’s orders to the jury, and the state’s permit to use the drugs
that killed Adams,

John Blume, who directs the five lawyers in South Carolina’s.
defender organization, says the center will close without federal
money. A Yale law school graduate, Blume left a big Atlanta law firm to
spend the past decade on death penalty cases.

In the reception room of his office, a framed poster of a young |
black boy greets visitors, its question unanswered: “Why did he have to
die?" |

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

Death Row Defenders Endangered

COLUMBIA, S.C. (AP) -- Defense attorney David Bruck leaned forward
and said softly, "I’ll see you. Take care, man." Strapped to the prison
gurney, condemned killer Sylvester Adams began to call out and sing to
Jesus.

Poison then flowed into the veins of the mentally retarded black
man, ending a 16-year struggle to prevent his execution.

The battle’s last five weeks were fought by Bruck and a staff of
federally funded lawyers. From a crowded Columbia office, they
frantically tried to overturn Adams’ sentence for strangling a teen-age
neighbor in 1979.

Those lawyers ~- South Carolina’s Post Conviction Defender
Organization -- are under attack from death penalty supporters.
Frustrated at long delays in carrying out executions, they are
targeting 20 such defender groups nationwide.

Congress is listening. The House has voted to cut all $20 million in
federal money for the groups, which represent death row inmates or
assist appointed lawyers with final appeals.

The Senate has not voted, but even supporters of the defender groups
say politicians of both parties are against them.

The average wait between conviction and execution is just under
eight years, according to a Justice Department study. Prosecutors
partly blame the centers, calling them “philosophical think tanks" only
trying to stall executions.

"The leading cause of death on death row is natural causes ... We've
got 3,000 people on death row. We are adding 250 people a year and
we’re only executing 30," says South Carolina Attorney General Charlie
Condon.

He sent 11 men to death row when he was a Charleston prosecutor.
None have been executed.

But supporters of the defender groups -- including some judges,
civil rights organizations and the American Bar Association -- say
appeals may actually take longer and cost more without them.

Less experienced defense attorneys would handle cases, and mistakes
such as overlooked evidence, sloppy procedures or missed deadlines
could cause even more delays, they say.

Supporters also say weaker attorneys will be easy prey for
prosecutors intent on capital punishment.

"They don’t want there to be a competent attorney on the other side.
They want to win all their cases and they don’t want a fair trial,"
said Bruck, who saved confessed child killer Susan Smith from a death
penalty.

U.S. Judicial Conference studies say the death penalty appeals
offices provide efficient, experienced counsel. The General Accounting
Office said it costs $17, 200 to represent each inmate, while private
lawyers appointed by judges average $37,000.

And since the Supreme Court reinstated the death penalty in 1976,
more than 50 men waiting to be executed were later found innocent. Many

Abraham, no age given; negro slave; arrested for the murder
of Robert, also a negro slave, in May 1850, in Charleston,

ee
Augusta (GA) Constitutionalist, Fri; 52 10"May. -1850

"The Charleston Courier of the 8th inst. says-- Coroner
Deveaux was called about 2 o'clock yssterday morning, to

hold an inquest over the body of Robert, a slave, the property
of W.B. Wiley. It appeared in evidence before the jury, that
an altercation took place between the deceased, and a negro
fellow, named Abraham, the property of Geo. Fryer, on the
premises of Mr. Daly, residing in King St., a fight ensued,
when Abraham struck Robert with a knife, which caused his
death. The former was arrested and committed to jail, to

await his trial before a Court of Magistrates and Freeholders."

From Charleston Courier, 8 May 1850

NAME GEORVE ABNEY Ee EES Cortada ; 2 DOE gerne
| “| Re { ) és Elec. 9-6-1910

OOB OR AGE RACE OCCUPATION RESIDENCEZZ¢ AAL GEN ‘

. 38 black Tenant cheer Falbrdo : Ma

% « pees * ta : ay
CRIME Murder DATE 3-21-1910 OTHER ~
VICTIM Mrs. Robert L, Rearden AGE ~ RACE Wh METHOD
Mrs, Ella Abney (wife( Bl Shot

MOTIVE Ot tule Au Matsa eB Tantinc te Y Fs
Lebniy these hey fh 44 é- Mr, Krardin had furchoed fer him

"Saluda saat le brea this afternoon that Mrs, Robert L,. Rearden, hi’: and her Negro tenant,
nthe Rearden farm six miles from
Saluda, Only a few minutes before therreport was received, Ella Abney's husband, George, kx&m
r_ the county courthouse here for carrying a loaded shotgun
and had been placed in the county jail. Upon being confronted withthe accusation that he had
committed the cime he immediately admitted it but refused to say why. He was rushed to the State
Penitentiary as a precautionary measure, However, there was no demonstration or hint of
attempted violence against him, Although there were no eye-witnesses of the shooting, it was
thought that it occurred around noon op cariier, We F. Heriong, rurat-mait carrier;—said-he——
stopped at the Rearden home at 10:15 this morning to deliver mail, Mrs, Rearden was waiting in
inthe yard, he-said, for him to-dliver—a_bottie—of medieine-whichshesaid_she was going to
give to Ella Abney. As Mrs, Rearden was an industious woman noted for her energy and neighbor-
ss_for one of her neighbors ob tenants,
The mother of 3 children, 2 of them in high school and one in graded school, she tended to much
of the supervision of the Reardens' two-horse farm as well as to her neat country home, Her hus-
band works for Mollohon Mill in Newberry and comes home only on weekends, Mr, Rearden was away
and the children were at school today when Mr, Herlong passed by on his mail route, When he
stopped to talk with Mrs, Rearden, he noticed that Ella Abney was washing clothes in her-own
back yard. George Abney was standing nearby. Quarrels between George and Ella Abney were anx
everyday occurrence, Mr, Herlong said, and George wa
let her get out of his sight. Just recently, Abney' s mother, known as Aunt Mimy Abney, had been
forced to move f
Abney, walking along the road toward Saluda with the shotgun, was seen by Travis Mitchell, a
nts as to whether they
had seen Abney. One of the children replied that he had seen somebody lying in Abney's yard. Mr,
—Mitchell_went_toinvestigate and found the bodies of Mrs, Rearden and the Negpo woman, Mrs,
Rearden's body was lying on the back porch although evidence showed that she had been shot near
the front door of the 3-room dwelling, Ella Abney's body was found on the ground just off the
back porch, Mr, Mitchell came here and reported what had happened, but already George A wi
in jail, The Negro had walked the 6 miles from his home here and was” arrested by Mogi trefie Vs WwW.

attempt “€0 escape, 5 " ells
bottles of therb medicine! in his packebes As soon as Mr, Mitchell reported ‘iat had happened
of the investigation, Abney admitted to
him that he had cormitted the crime, addéd that he had shot his RXKX wife first and then Mrs,
——Rearden_but_refused_tocive his motive, .,,Sheriff Davis expressed the theory that Abney shot
his wife, the charge taking effect in her side, before Mrs, Rearden came to his house, Mrs.
——Rearden was in the front door of the living room when Abney pointed his ¥XXH gun at her, He was
standing on the front porth or in the front door, Mrs, Rearden held up her hand before her faces
Abney fired and shot her in the neck, Death was almost instantaneous,"

TRIAL

At inquest held on 3-22,

sheer admissions:

he was adamant that he memembered nothing of shooting in spite of ear-

LAST WORDS

EXECUTION

Beastaethisg ht he fra "parry fox lhkathe fad dere. Labi for hue hehe
Uke. aA Cian ted poenibly aad Be acho do,

SOURCE

FRANK NEewroN OFFICE SUPPL YmcOTHAN

SL cI

ADAMS v. AIKEN 1317
Cite as 965 F.2d 1306 (4th Cir. 1992)

remedied any prior infringement of his
Sixth Amendment rights.

[13] Adams next asserts that he was
deprived of his right to an impartial jury.

One of the prospective jurors stated on
voir dire examination that he would believe
a police officer’s testimony before that of a
private citizen. The trial judge then asked
the juror if he could make a determination
based on the evidence presented in court
and the court’s instructions on the law and
if he could evaluate the testimony of the
witnesses from what he saw in court.
When the prospective juror responded that
he could, the judge qualified him over
Adams’s objection. Neither Adams nor the
prosecution struck ‘the juror in question.
Adams had 'two peremptory strikes remain-
ing when the juror was seated, and ulti-
mately he used only nine of his ten peremp-
tory strikes. Adams now contends that
seating the juror deprived him of his right
to an impartial jury.

In federal habeas corpus cases, factual
findings by the state court are presumed to
be correct. 28 U.S.C. § 2254(d). This pre-
sumption applies to a trial court’s determi-
nation that an individual juror is impartial.
Patton v. Yount, 467 U.S. 1025, 1036-38,
104 S.Ct. 2885, 2891-98, 81 L.Ed.2d 847
(1984). The issue for the trial court is
whether the juror swore “that he could set
aside any opinion ... and decide the case
on the evidence, and should the juror’s
protestation of impartiality [be] believed.”
467 U.S. at 1036, 104 S.Ct. at 2891. A
reviewing court must decide “whether
there is fair support in the record for the
state courts’ conclusion that the juror[ ] ...
would be impartial.” 467 U.S. at 1038, 104
S.Ct. at 2892.

The record supports the trial court’s con-
clusion that the juror would be impartial.
He responded to the judge that he could
determine Adams’s guilt or innocence
based on the evidence and instructions.
We find no evidence in the record to over-
come the presumption of correctness af-
forded state trial courts under § 2254(d).

- See Wainwright v. Witt, 469 U.S. 412, 426-

30, 105 S.Ct. 844, 853-59, 83 L.Ed.2d 841
(1985).

Adams’s reliance on United States v.
Evans, 917 F.2d 800, 805-09 (4th Cir.1990),
does not help him. On direct appeal in
Evans, we ordered retrial because the dis-
trict court failed to inquire on voir dire
about prejudice in favor of police testimo-
ny. Part of the court's rationale was that
had the question been asked and a juror’s
answer disclosed prejudice, “the trial judge
would have been required to excuse this
person for cause, or by instructions and
additional questions convince the person
that there is no special credence due the
testimony of a policeman.” 917 F.2d at
806. We did not require that every juror
evidencing bias toward police testimony be
excused. Rather, we instructed that when
the government’s case completely depended
on police testimony, the trial judge should
ask jurors about bias in order to determine
and address any potential partiality.

In Adams’s trial, the judge, after the
juror’s admission, questioned him further
about bias and made a credibility determi-
nation based on the answer to his supple-
mental inquiry. Also, unlike Evans, police
testimony in Adams did not form a pre-
dominant part of the government’s case.

[14] Moreover, Adams can demonstrate
no prejudice since he did not avail himself
of all peremptory strikes. Failure to ex-
haust peremptory strikes bars objection to
the trial judge’s refusal to excuse a juror
for cause. State v. Britt, 287 S.C. 298,
306, 117 S.E.2d 379, 386 (1960). “(I]t can
be concluded that the jury panel was seat-
ed with [the defendant’s] approval.” State
v: Smart, 278 S.C. 515, 521, 299 S.E.2d 686,
690 (1982).

[15] Adams protests, however, that if
he had used his last strike to eliminate the
objectionable juror, he would have had no
opportunity to strike his replacement. This
argument is foreclosed by Ross v. Okla-
homa, 487 U.S. 81, 108 S.Ct. 2278, 101
L.Ed.2d 80 (1988). Oklahoma, like South
Carolina, requires a defendant to exhaust
his peremptory challenges or forego his
claim that an unqualified juror has been

1318 965 FEDERAL REPORTER, 2d SERIES

seated. Explaining why this practice did

not violate a defendant’s constitutional

rights, the Court said:
Because peremptory challenges are a
creature of statute and are not required
by the Constitution, it is for the State to
determine’ the number of peremptory
challenges allowed and to define their
purpose and the manner of their exer-
cise. As such, the ‘right’ to peremptory
challenges is ‘denied or impaired’ only if
the defendant does not receive that
which state law provides.

It is a long settled principle of Okla-
homa law that a defendant who dis-
agrees with the trial court’s ruling on a
for-cause challenge must, in order to pre-
serve the claim that the ruling deprived
him of a fair trial, exercise a peremptory
challenge to remove the juror. Even
then, the error is grounds for reversal
only if the defendant exhausts all per-
emptory challenges and an incompetent

juror is forced upon him.
* * * * * *

Thus, although Oklahoma provides a
capital defendant with nine peremptory
challenges, this grant is qualified by the
requirement that the defendant must use
those challenges to cure erroneous refus-
als by the trial court to excuse jurors for
cause. We think there is nothing arbi-
trary or irrational about such a require-
ment....

487 U.S. at 89-90, 108 S.Ct. at 2278-79
(citations omitted).

Foss establishes that South Carolina’s
practice is valid. If Adams had struck the
objectionable juror with his last challenge,
and the replacement had been a qualified
juror, Adams would have no legally cogni-
zable complaint. If the replacement had
been unqualified, presumably the trial
judge would have excluded him for cause.
If, however, the judge had erred and al-
lowed the unqualified replacement to sit
despite Adams’s objection, Adams could as-
sign the error as a basis for a new trial.

We conclude that Adams has not proved
that the trial judge erroneously qualified
the juror. Also, because Adams did not
use all of his peremptory strikes, the state

did not deprive him of any constitutionally
protected right.

VII

[16] During closing argument, the pros-
ecutor stated that Adams’s lawyers were
appointed and that they would not tell the
jury the police officers beat Adams. Coun-
sel for Adams did not object to the state-
ment. Adams now argues that this state-
ment denied him due process because it
implied that defense counsel did not believe
his testimony that the police beat him to
force a confession.

Improper remarks during closing argu-
ment do not always mandate retrial. “The
relevant question is whether the prosecu-
tors’ comments so infected the trial with
unfairness as to. make the resulting convic-
tion a denial of due process.” Darden v.
Wainwright, 477 U.S. 168, 181, 106 S.Ct.
2464, 2471, 91 L.Ed.2d 144 (1986) (citation
and interior quotation marks omitted). We
agree with the district court that the prose-
cutor’s statements did not reach this level.
As in Darden, 477 U.S. at 182, 106 S.Ct. at
2472, the weight of the evidence against
Adams is heavy, and his attorney effective-
ly addressed the prosecutor’s statement in
his closing argument. Also, the prosecu-
tor’s statement was an isolated remark, the
court charged that arguments are not evi-
dence, and counsel’s failure to object dem-
onstrates that they did not discern preju-
dice. See United States v. Brockington,
849 F.2d 872, 875 (4th Cir.1988).

Parenthetically, we note that in this ap-
peal Adams has not assigned error to the
admission of his confession on the ground
that the police beat him.

VII

{17] Adams next argues that the trial
judge failed to communicate to the jurors
that they could give mitigating weight to
any aspect of the case that they thought
deserved it.

The trial judge charged the jurors that
they could recommend a life sentence for
any reason at all, whether or not they
found a statutory mitigating circumstance.

ADAMS v. AIKEN 1319
Cite as 965 F.2d 1306 (4th Cir. 1992)

During jury deliberations, the jury asked
the trial judge whether Adams’s confession
was a mitigating circumstance. The trial
judge stated that it was “not a statutory
mitigating circumstance, but as I have-also
instructed you, you may consider the case
in its entirety....” JA 890. The judge
was referring to a portion of the sentenc-
ing instructions in which he had said:
[Y]ou may recommend a ‘life sentence
without finding the existence of an al-
leged statutory mitigating circumstance
- and you, as I have told you before, may
recommend the imposition of the life sen-
tence even should you find beyond‘a rea-
gonable doubt the'existence of an alleged
statutory aggravating circumstance. ‘ ‘In
other words, you may in your good judg-
ment, recommend a life sentence for any
reason ‘at all, that you.see, fit to consider.
JA 878. ris od

Lockett v. Ohio, 438 US. 586; 98 S. Ct.
2954, 57 L.Ed.2d 973° (1978), held: .

[T]he Eighth and the Fourteenth Atnénid-
ments ‘require that the sentencer, in all
but the rarest kind of capital case, not be

precluded.:from considering, as a miti-

gating factor,any aspect of a defen-
. dant’s character or record and any of the

circumstances of the offense that the
_.defendant proffers as a basis for. a ‘sen-
» tence less:than death.

438 U.S.’ at 604, 98 S.Ct. at 2964 (footnotes
omitted). . The’ trial judge did not violate
the principle explained in Lockett. In his
response to the jury the judge coupled his
explanation that the confession was not a
statutory factor with a reminder that the
jury. could consider the entire case. This
response adequately conveyed to the jury it
could consider any aspect of the case as a
basis for a life sentence.

[18] The jury could not impose the
death penalty under South Carolina law
unless it found that Adams killed Cham-
bers while in the commission of kidnapping
or housebreaking. S.C.Code § 16-83-20.
Adams argues that since the jury did not
find that the kidnapping and _house-
breaking occurred in the commission of

murder, his death ‘sentence violates the
Eighth Amendment.

The trial judge charged the jury at the
sentencing phase of the trial that it could
consider as an aggravating circumstance
that the murder was committed while in
the commission of housebreaking and kid-
napping. The judge also instructed the
jury that if it “unanimously [found] beyond
a reasonable doubt that one or more of

those alleged statutory aggravating cir-

cumstances existed at the time the victim
in this case was murdered,” it would be
authorized to recommend the death sen-

tence. JA 876. The verdict at the sentenc-

ing phase. of the trial was as follows:
We, the jury in the above entitled case,
having found beyond a reasonable doubt

; that the following statutory aggravating

circumstances existed, house—kidnap-
ping and housebreaking, now recommend
- to the Court that the Defendant, Sylves-
_ter Lewis Adams, be sentenced to death.

JA 893.

“A verdict is sufficient if the jury’s inten-
tion can be ascertained with reasonable cer-
tainty from the language used in the ver-

dict.” Carver v. Martin, 664 F.2d 932, 935 |

(4th Cir.1981) (citation and interior quota-

‘tion marks omitted). The jury’s use of the

word “existed” shows that it found that the
aggravating circumstances were present at
the time Adams killed Chambers. The ver-
dict at the sentencing stage must be read
with the verdict finding Adams guilty of
murder at the conclusion of the guilt phase
of the trial. The verdicts, the wording of
the statute, the evidence, and the instruc-
tions of the court show that the jury sen-
tenced Adams to death on the basis that he
killed Chambers while in the commission of
kidnapping and housebreaking. Cf Car-
ver, 664 F.2d at 935.

[19] Quoting S.C.Code § 16-3-910, the
trial judge instructed the jury during the
guilt phase of the trial as follows: “‘Whoev-
er shall unlawfully seize, confine, inveigle,
decoy, kidnap, abduct or carry away any
other person by any means whatsoever
without authority of law ... shall be guilty

LoOzU

of the statutory offense of kidnapping.”
JA 784. In the sentencing instructions the
judge did not narrow the definition of kid-
napping, but simply stated that it was an
aggravating circumstance. Adams argues
that this definition is so broad that it could
serve aS an aggravating circumstance in
virtually all murders, thereby violating the
Eighth Amendment.

Maynard v. Cartwright, 486 U.S. 356,
108 S.Ct. 1853, 100 L.Ed.2d 372 (1988), and
Godfrey v. Georgia, 446 U.S. 420, 100 S.Ct.
1759, 64 L.Ed.2d 398 (1980), mandate that
when a jury sentences a defendant “i]t is
not enough to instruct the jury in the bare
terms of an aggravating circumstance that
is unconstitutionally vague on its face.”
Walton v. Arizona, 497 U.S. 639, 110 S.Ct.
3047, 3057, 111 L.Ed.2d 511 (1990). We do
not find that South Carolina’s definition of
kidnapping is unconstitutionally vague on
its face. An example of a vague aggravat-
ing factor is found in Godfrey, 446 U.S. at
422, 100 S.Ct. at 1762, which provided that
the murder be “outrageously or wantonly
vile, horrible or inhuman.” In contrast to
the aggravating circumstance in Godfrey,
the verbs in South Carolina’s statutory def-
inition of kidnapping give “meaningful
guidance to the sentencer.” Walton, 110
S.Ct. at 3058.

[20] Also, South Carolina. law autho-
rizes the jury to impose the death penalty
if one aggravating factor exists. S.C.Code
§ 16-3-20(C). The jury need not weigh the
aggravating circumstances against the mit-
igating circumstances. The jury found two
aggravating factors—kidnapping and
housebreaking—the latter of which Adams
does not challenge. Where one valid ag-
gravating factor supports a death sentence
and the jury need not weigh it against
mitigating factors, the sentence need not
be set aside simply because the jury also
found an invalid aggravating factor. Zant
v. Stephens, 462 U.S. 862; 884, 103 S.Ct.
2733, 2746, 77 L.Ed.2d 285 (1983).

[21] At the sentencing phase of
Adams’s trial the prosecutor made the fol-
lowing argument to the jury:

4 7

wisn --——
.

re ae

700 PEVONAL ROrUNnLin, 2d SEKIES

There are four words that I consider
important in somebody’s life, rapport’s
one of them. You have to be able to
communicate with people . - Coping is
another one. You have to Be able to
cope to function in this world. If you
can’t cope, you can’t function. Love's
another one ... And the fourth one, re-
pentance .. Now, again, I’ll tell you,
you recall the testimony and you recall if
any of those four characteristics are held
by that man right there. You do that.
When you go back to that jury room and
you deliberate, you try and decide wheth-
er he can handle any of those or whether
he owns any of them, or whether he’ll
ever own any of them.

JA 857-58.

Adams now maintains that this language
violated the Eighth Amendment because it
suggested to the jury that his mental disa-
bilities were aggravating, rather than miti-
gating, factors. He did not object to the
remarks at trial or move for a mistrial.

Adams has not shown that the prosecu-
tor’s remarks were plain error. The dis-
trict court noted that Adams’s claim is
based entirely on inferences he seeks to
draw from the prosecutor’s comments.
The. court concluded that the inferences
drawn by Adams were unjustified because
the prosecutor pressed on the jury no spe-
cific conclusion concerning Adams’s mental
state, nor did he explicitly urge the jury to
treat Adams’s mentality as an aggravating
circumstance,

In Donnelly v. DeChristoforo, 416 U.S.
637, 647, 94 S.Ct. 1868, 1878, 40 L.Ed.2d
431 (1974), the Court cautioned that “a
court should not lightly infer that a prose-
cutor intends an ambiguous remark to have
its most damaging meaning....” This ad-
monition is especially pertinent here since
the trial judge had instructed the jury that
it could consider Adams’s mentality to be a
mitigating factor. In agreement with the
district court, we conclude that the prose-
cutor’s comments did not infect the trial
with unfairness that caused the sentence to
be a violation of due process. See Darden
v. Wainwright, 477 U.S. at 181, 106 S.Ct.
at 2471.

CORCORAN v. UNITED HEALTHCARE, INC.
Cite as 965 F.2d 1321 (5th Cir. 1992)

The judgment of the district court is

affirmed.
AFFIRMED.

1. Insurance ¢-564

Physicians and Surgeons ¢18.12
Whether Louisiana article, which pro-
vides parents with cause of. acts

wrongful death of unbor ee Idx

alth

places liability, on {hea

1321

The information contained in the AP news report may not be published,

broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.

By KIM CURTIS

Associated Press Writer .

COLUMBIA, S.C. (AP) -- A man who called himself the Son of God was
executed early Friday for killing two girls by wrapping their heads in
duct tape. One of the murders was the subject of a TV movie.

Larry Gene Bell, 47, made no final statement. He had said the
electric chair would deliver him to heaven.

Bell was convicted of killing 17-year-old Shari Faye Smith and
g-year-old Debra Helmick about two weeks apart in 1985. He kidnapped
them from their homes, in neighboring counties, and later suffocated
them with the tape.

Before he was captured, Bell taunted Shari’s family with telephone
calls describing how he killed her,

Police caught Bell by connecting him to an imprint of a phone number
found on a will he made Shari write to her family. The 1991 CBS movie
"Nightmare in Columbia County" was based on the case.

Bell also was suspected in a third killing, that of Sandee Elaine
Cornett, a 26-year-old insurance adjuster and part-time model from
Charlotte, N.C. He denied abducting and killing her but teased
investigators with descriptions of where Cornett’s body was buried -~
even drawing a map. . ,

Police never found her, and any secrets. Bell might have had in that
case died with him.

Bell’s lawyers had argued in appeals that the former electrician
from Gilbert was too mentally ill to be executed. But a circuit court
judge ruled last week that Bell was competent.

Mental health experts and Bell's lawyers had said he was
schizophrenic, believed he was Jesus Christ and wanted to die in the
electric chair because he saw it as a direct path to heaven and God's
throne.

Prosecutors contended it was all an act.

By John. Heilprin

COLUMBIA, S.C. (Reuter) - An electrician who called himself Jesus Christ
and whose murders of a young girl and a teen-ager once gripped South Carolina
with fear was executed in the electric chair Friday, prison authorities said.

Larry Gene Bell, 47, of Gilbert, 8.C., who had been on Death Row since
March 1986, was pronounced dead at 1312 a.m. , prisons spokesman John Barkley
said. He did not request 4 special last meal, instead dining on inmates’
typical fare of hamburger, rice and gravy, fried okra, corn bread and ice tea.

Bell was convicted of the June 1985 murders of 17-year-old Shari Faye
Smith and 9-year-old Debra Helmick. He died without making a final statement
or publicly admitting the killings. ;

One of the execution witnesses, Smith's maternal uncle, Rick Cartrette,
said afterward, ‘'The faith that my family has, I feel we’ve forgiven him.'’

During a recent hearing, Bell’s lawyers and mental health experts
testified he claims to be Jesus Christ and chose to die in the electric chair

instead of by lethal injection because the chair is made of **true blue oak,’’
the same material of Christ’s cross.

Donnie Myers, the prosecutor who got Bell convicted, described him as
‘‘the epitome of evil. He has no conscience, he has no remorse. He's the soul
of sadism, and he’s the Hannibal Lecter of South Carolina.’’

Bell kidnapped Smith and Helmick from their homes, and investigators say

he raped Smith and may have raped Helmick before suffocating them by wrapping
their heads in duct tape. .

A television movie, ‘‘Nightmare in Columbia County,’’ was made about
authorities’ 28-day effort to catch him. Bell was arrested only after taunting
Smith’s family with phone calls in which he described how he killed her. .

While Bell was on the run, children were kept indoors, summer camps
emptied and daughters and wives left the state. ‘'It was absolutely total
panic and fear,’’ Myers said.

Bell’s lawyers launched late appeals, saying he was too mentally ill to be

executed. The appeals were denied, and Gov. David Beasley also refused to
grant clemency.

Charlotte, N.C., police hoped Bell still might confess Thursday to the
November 1984 slaying of insurance adjuster and part-time model Sandee Elaine

Cornett, 26, whom Bell is believed to have abducted from her home and killed.
Her body was never discovered. '

But one of Bell’s defense attorneys refused to grant the police a last
interview with Bell.

10-4-1996 America Online:Galba33 Page l

o Charleston, ; Sout,

| Tae {O-f-9e

lea ‘

Peed

ng .
Sf ;
3 ;

ee Caro VO oe
Mi ——
| Lawyers want chance to stop Bell execution
COLUMBIA - Lawyers for Larry Gene Bell have ap

Attorneys Stephen Morrison and John Delgado said Monday in an appeal that they want the court
to stop Friday's scheduled execution and give them a chance to argue before the court.

a The justices did not say when they would hear arguments or rule.

A group of 30 death penalty opponents who gathered at a Methodist Church
and outside the governor’s mansion Thursday night said despite the viciousness
of Bell’s crimes, executing a deranged person is senseless.

‘*‘It’s wrong for us to imitate those we condemn,’’ said the Rev. Monsignor
Thomas Duffy of St. Anthony's Catholic Church in Florence. ‘‘The state of
South Carolina is going to carry out a professional hit job.‘’

About 90 death penalty supporters, and another dozen opponents, met
outside the Broad River Correctional Institution.

But law enforcement officials doubted Bell's insanity. When confronted in
court last week, Myers said, Bell flashed a ‘‘V'’ sign when his lawyers
weren't looking.

He is the fourth inmate to be executed in South Carolina this year and the
ninth since the state restored the death penalty in 1977.

01:57 10-04-96

10-4-1996 America Online:Galba33 Page 2

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about 15

had been
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std

seen a person using the telephone.
However, one of the clerks recalled
seeing a man outside who had not
come into the store. The clerk described
the man as being tall, heavy-set with
a dark bushy beard and mustache.

Officers learned that at about the
time the call had been placed there
were two cars in the parking area. One
was ared Volkswagen Jetta, the other
a late model Chevrolet Monte Carlo
or Pontiac Grand Prix, silver colored
with red racing stripes. The description
of the possible suspect and the two cars
were broadcast to the officers manning
the roadblocks.

By early morning when there had
been no reports from the roadblock
crews of having stopped either car,
Metts directed all of the search parties

into the area on the theory that the
kidnapper was likely holding the victim
somewhere near where the call had
been made. ©

A private group of friends of the
Smith family had 10,000 posters made
with a photo of Shari on them and
offering $25,000 reward for information
concerning the abduction.

What appeared might be a break in
the case, but turned out to be a cruel
hoax; came with a call to the Smith
home. A man’s voice announced that
he would reveal where Shari was being
held captive-in exchange for the
$25,000 reward being offered. The deal

was made with instructions where the

ransom should:be dropped.
The call was.traced as having been
placed from a public teléphone in

iM) i ‘

Columbia. Officers making the
recording of the calls said that the
person asking for the ransom did not
sound like the person who had made
the previous calls.

Agents were on hand when a
27-year-old man came to pick up the
ransom and took him into custody. It
took only a short period of questioning
to determine that he did not have any
more knowledge about the abduction
than what he had obtained from the
news media reports.

A number of things had been kept
confidential by the investigators. The
man did not know that Shari had been
wearing a bikini swimsuit under her
shorts and top. He did not know that
her given name was Sharon Faye or
that a hand-written letter from her had
been delivered to the house. i

The imposter was charged with
extortion, obtaining money under false
pretenses and obstructing justice. He
was ordered to be held in custody in
lieu of $40,000 bail pending a hearing
on the charges.

The call came in to the sheriff's
office on Wednesday. A man’s voice
said, ‘‘If you want to find that girl you
are looking for, go to the Masonic
Lodge at Lake Murray. Go up the path
behind it and you’ll find her.’’

Before the officer taking the call
could ask any questions, the connection
was broken. The call, however, had
been recorded on tape.

Deputies and agents raced out to the
location. Shari was there, lying in-a
grassy area, still clad in her swimsuit,

‘shorts and tops. A pair of surgeon’s

plastic gloves were alongside the
corpse.

The condition of the corpse indicated
the victim had been dead for some
time. Investigators were certain she
had not died where the body had been
found. The area had been searched a
number of times. ;

Saluda County Coroner Bruce
Horne removed the remains. They
were taken to the Newberry County
Memorial Hospital for a post mortem
examination by forensic pathologist
Dr. Joel Sexton.

Investigators checked over the area
where the corpse had been left. They
found little physical evidence, other
than the plastic gloves.

‘The guy probably thought he was

(continued on page 44)
17

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BELL, Larry Gene, White, injection SCSP 10/4/1996.

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for young, blue-eyed blondes...

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been voted the
graduation class
sing solo the nz
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said Shari wa:

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on the driver’s side open, but no sign
of Shari. He went out to see what was
the trouble and found the car motor
running with Shari’s purse on the front
seat. He called her name and there was
no answer.

He raced back to the house and put
in a call to the Lexington County
sheriff’s office. Sheriff James R. Metts
with deputies lost no time in responding.

The fact that Shari would not have
voluntarily gone anywhere without her
medication and wouldn’t have left the
car door open and the motor running
indicated that she had been abducted,
most likely by someone in a vehicle as
she went to check the mailbox.

It could have been a random
abduction by someone who had seen
the pretty blonde girl, possibly at the
pool party and had followed her home,
or it may have been a kidnapping for
ransom.

Sheriff Metts and his men went
about the tasks to cover every pos-
sibility. They set up a command post
in the garage at the house, installed a
telephone tap and made arrangements
to have all incoming calls traced.

Metts put in a call to SLED (State
Law Enforcement Division) requesting
their aid with investigators and
equipment.

It was decided that because of the
urgent requirement of medication for
Shari that the information on the
abduction be given to the news media
with a plea to the kidnapper that she
must have water or medication or she
would die from dehydration.

Classmates who had attended the
pool party were questioned. Shari’s
boyfriend had been at the party. He
couldn’t recall anyone in particular
who might have been watching Shari
and had walked with her to her car
when she left and hadn’t noticed
anyone following her.

Tracking dogs were brought in.
They followed Shari’s scent from the
car to the mailbox where it stopped.
It was obvious she had been forced
into a vehicle.

It was strange that a kidnapper
would abduct the girl in broad daylight
from in front of her home, but
apparently that is what had taken
place.

No one at the house had observed
Shari as she left the car. The news
media was requested to ask anyone
who might have been on the road
around 3:30 in the afternoon to contact
the sheriff’s office. An ambulance and
medics came to the house to wait in
the event that Shari could be located
to rush medication and treatment to

her with least possible delay.

Frustrating hours went by. There
were no leads for the investigators to
follow. There were no witnesses to
describe the abductor, the vehicle or
where she might have been taken.

The call came in at ten o’clock in
the evening. A muffled man’s voice
announced that he had Shari and she
was all right. The caller verified his
claim to having the girl by stating that
her given name was Sharon Faye,
which wasn’t commonly known.

Her father pleaded with the caller
to release her so that she could be given
her medication. He offered to meet
any ransom demand or any other
conditions set by the kidnapper if only
he would release her soon.

The call that was recorded to be later

Neighbor watching daylight
abduction provided this sketch
of the sex-mad fiend.

made into a voice print was so brief
that it could not be traced. It apparently
had been made from a telephone
booth in Lexington County, which
meant that Shari was being held
somewhere in the area.

Saturday was a fruitless day in the
search for Shari, as her parents and
investigators waited for another
contact from the kidnapper. Fear
mounted as a scorching sun brought
the temperature above the 100 degree
mark that she could survive without
her medication or large amounts of
water.

Sunday turned out hundreds of
volunteers eager to help in any way
possible in the search for Shari. They
joined sheriff’s deputies, agents with

SLED and officers with the Wildlife
and Marine Resources who used their.
off-road vehicles to search fields,
wooded areas, abandoned buildings

‘and around nearby Lake Murray.

Helicopters made aerial sweeps of the
area and arrangements were made to
have an FBI plane equipped with infra-
red sensors be brought in from
Washington, D.C.

The heat continued. Local restaurants
sent out sandwiches and cold drinks
for the officers and volunteer searchers.
An appliance company sent out a
number of ice-making machines.

Shari’s parents went on radio and
television to plead with the kidnapper
to release their.daughter. They
informed him that she could not
survive without her medication or large
amounts of water. But there was no
response to their pleas.

Monday, the number of volunteers
to help with the search swelled, as
many employes left their work to join
school students and others as they
combed a 25-square-mile area around
the Smith home.

Investigators were of the opinion
that the victim most likely was being
held in a house or building and that
he was fully aware of the urgency for
Shari to receive medication.

‘*He knows he’s got a dying girl on
his hands ‘unless she gets her medicine,”’
a deputy said. ‘‘Now, what kind of a
monster would keep her under those
conditions?’”’

Monday noon a letter was delivered
to the Smith home. It was from Shari
and hand-written. Her parents and the
investigators requested that the contents
not be made public, other than that
she said she was all right.

The letter was postmarked from
Columbia and most likely had been
written on Saturday, which meant that
she and her abductors were still in the
area.

A second telephone call from the
abductor came to the Smith home on
Monday evening. This time he stayed
on the line long enough so that it could
be traced. It had been placed from a
booth outside a convenience store on
South Carolina Highway 6 near Jakes
Landing on Lake Murray, about 15
miles from the Smith home.

As soon as the location had been
determined, Sheriff Metts ordered
road blockades set up around the
entire area with instructions that
everyone be stopped and questioned.

Detectives sped to the store. Em-
ployes were questioned while technicians
went over the booth for fingerprints.
No one in the store could recall having

- by LARRY MAURO.

nly a few close friends and relatives of Shari Smith were aware that she had a

medical problem. She suffered from a rare type of diabetes that required constant

medication unless she would consume several quarts of water every hour. She
would become dehydrated to the point of death without either.

It in no way deterred the vivacious
i blue-eyed blonde from any of the
activities of a 17-year-old girl. She had
been voted the wittiest girl in her
graduation class and was scheduled to
sing solo the national anthem at the
‘ graduation ceremonies.
i Shari was the vocalist with the
school jazz band and her vocal teacher
said Shari was the most talented

8 OES

‘ Suspect killer Larry Bell, the
lifelong sex maniac who
was ‘cured’ ten years ago.

student that she had ever taught. Shari
planned to go on to Columbia, South
. Carolina, college to major in music.
On Friday, May 31, 1985, the
Lexington High School graduating
class held a pool party prior to the
ceremonies on Sunday. Shari left the
party a little after three o’clock in the

to the house on Platt Spring Road near
Red Bank, a suburb of Columbia and
got out to check the mailbox.

A short time later, her father saw
the car still parked there with the door

(continued on next page)

She pulled into the 70-yard entrance 4

afternoon. She pulled a pair of white
shorts over her dry bikini swimsuit
along with a yellow top. She was
barefooted as she got into her Chevette
for the drive home.

Beautiful Shari Smith, viciously
slain on eve of her high school 4
graduation ceremonies. |

Debra May Helmick, snatched

in broad daylight by rapist

sought by entire police force.
\ .

CAROLINA’
| ROVING
~ RAPE-KILLER

DON nem elie SRE

ti:

d made
-consti-
on and

Id. at
oncerns
‘to Bell
ba. His
» admit-
ose the
: either

‘om the -

provid-
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on his

ial jury

process
ial right
inquiry
sunsel’s

2 court-
‘e parti-
fore, he
ass and

U.S. 68,
}, In an
proce-
ings, so
ndepen-:
chat Ake
facts in
case.

ind was
*xamina-
fense in
the time
charged
‘d Ake’s
he was
vurt held
sanity is
s for the
*xaminer
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| presen-
S. at 83,

BELL v. EVATT 431
Cite as 72 F.3d 421 (4th Cir. 1995)

[14] Ake established a due process right
to a mandatory competency hearing when the
defendant is indigent and an examination is
necessary to determine the defendant’s crim-
inal responsibility at the time of the crime.
In sharp contrast, Bell was neither indigent,
nor unable to hire his own mental experts.
Furthermore, Bell’s examination differed
from Ake’s, in that Bell’s examinations deter-
mined his competency to stand trial. See
Pate v. Robinson, 383 US. 375, 384-86, 86
S.Ct. 836, 841-43, 15 L.Ed2d 815 (1966).

[15] It is established that a criminal de-
fendant must be competent to stand trial.
Medina v. California, 505 U.S. 437, 439, 112
S.Ct. 2572, 2574, 120 L.Ed.2d 353 (1992). In
the case at hand, Bell underwent three com-
petency hearings throughout the course of
his trial and each time the trial judge found
him’ competent to proceed. During Bell’s
hearings,® Bell was evaluated by both Dr.
Dunlap (a consultant to the state hospital,
appointed by the trial court in accordance
with the S.C.Code Ann. § 44-23-410), as well
as by several experts Bell hired to assist in
the preparation of his defense.

[16] After each of the hearings, the trial
court made specific findings on the record
that Bell was competent to stand trial. The
findings included the testimony of both the
State experts and Bell’s ‘experts, as well as
the court’s observations of Bell before, dur-
ing, and after the hearings. Furthermore,
the state PCR judge made specific findings
that Dr. Dunlap was neutral and impartial.
These findings are entitled to a presumption

8. The first hearing was held before trial started.
On two other occasions during the trial, the
proceedings were stopped to further evaluate
Bell’s competency. Both of these hearings were
requested by Bell's attorney, who indicated that
‘Bell was becoming difficult to control and was
hot cooperating in the defense effort. After each
exam, the trial judge made specific findings of
fact on the record concluding that Bell was com-
petent to stand trial.

9. The issue of Bell's competency was again
raised in the state court proceeding on Bell’s
‘PCR application. The PCR court found Bell
mentally competent throughout his trial. Like
the trial judge's findings of fact, this finding is
also entitled to presumption of correctness. See,

Sumner, 449 U.S. at 550, 101 S.Ct. at 770-71.

Roach v. Martin, 757 F.2d 1463 (4th Cir.1985).

of correctness.? Sumner, 449 U.S. at 547-
550, 101 S.Ct. at 769-71. And Bell fails to
satisfy his burden of establishing by convinc-
ing evidence that these findings are errone-
ous. See 28 U.S.C. § 2254(d). Accordingly,
we conclude, Bell was neither denied his
constitutional right of due process nor his

constitutional right of effective assistance of
counsel.

[17] Bell further maintains that the trial
judge’s findings of competency were unsup-
ported by the record as a whole. We dis-
agree.

[18-21] As the district. court noted, find-

ings of fact made by a state court in PCR:

proceedings enjoy a presumption of correct-
ness,!° see Sumner, 449 U.S. at:550, 101 S.Ct.
at 770-71, and questions of a defendant’s
competency are entitled to the. same pre-
sumption, see Adams v. Aiken, 965 F.2d
1306, 1313 (4th Cir.1992), cert. denied, —
U.S. ——, 118 S.Ct. 2966, 125 L.Ed.2d 666
(1993). To overcome this presumption, Bell
must show by convincing evidence that the
findings of the state court were erroneous.
See Sumner, 449 U.S. at 550, 101 S.Ct. at
770-71. The standard for evaluating compe-
tency is whether the deferdant ‘understands
the nature and object of the proceedings
against him, and is able to consult with his
counsel and assist in the preparation of his
defense. Drope v. Missouri, 420 U.S. 162,
171, 95 S.Ct. 896, 903-04, 43 L.Ed2d 103
(1975); Pate, 383 U.S. at 375, 86 S.Ct. at 836;

10. The eight exceptions to the presumption of
correctness for findings of fact are:

(1) that the merits were not resolved:

(2) that the state court’s fact-finding procedure
was inadequate;

(3) that the material facts were not developed;

(4) that the state court lacked jurisdiction;

(S) that petitioner lacked counsel;

(6) that petitioner was not given a “‘full, fair,
or adequate hearing’ on the competency
issue;

(7) that he was otherwise denied due process;
and

(8) that the factual determinations of the trial
judge were unsupported by the record.

28 U.S.C. § 2254(d). Bell does not meet any of
these exceptions.

‘sins Aan orang soe setitonromeserit bce

| if he
never-
alf in a
| disre-
ynot be
” Th-
0 S.Ct.

2 court-
ts both
lis own
the nu-
ve Bell
he trial
ed from
ics, Bell
‘used to

2s Allen
yeen re-
> of his
in audio
e such a
1e’s own
.e defen-
sers and
Ip in his
accusers
missing
; closing
» did not
er. The
ovide the
ate Bell’s
it during

the trial
-eventing
n during
iendment
yf a crim-
glic_ trial.
104 S.Ct.
ichmond
U.S. 555,
x0). Bell

curtail his
noval from

BELL v. EVATT
Cite as 72 F.3d 421 (4th Cir. 1995)

asserts the trial judge’s restrictions amount-
ed to partial closure.

[29] Although there is a strong presump-
tion in favor of openness, the right to an open
trial is not absolute. The trial judge may
impose reasonable limitations on access to a
trial in the interest of the fair administration
of justice. Press-Enterprise Co. v. Superior
Court, 464 U.S. 501, 510 n. 10, 104 S.Ct. 819,
824 n. 10, 78 L.Ed.2d 629 (1984); see Rich-
mond Newspapers, 448 U.S. at 581-82, n. 18,
100 S.Ct. at 2830, n. 18 (holding that the
right of access to a trial may be curtailed
where there are sufficiently powerful coun-
tervailing considerations). We have held
however, that a defendant’s right to a public
trial is not implicated by temporary limita-
tion of ingress and egress to the courtroom
to prevent disturbance of the proceedings.
Snyder v. Coiner, 510 F.2d 224 (Ath Cir.
1975).

In the instant case, the trial judge was
merely maintaining order in his courtroom
and ensuring a non-disruptive atmosphere
for jury members, the litigants, the members
of the press, and any members of the public
who chose to attend. The trial judge neither
ordered anyone to leave the courtroom nor
closed any portion of the trial from the public
altogether. Furthermore, the record does
not reveal that anyone interested in the case
was excluded from the courtroom. We con-
clude that Bell’s right to an open and public
trial was not violated, and that the trial judge
exercised the discretion afforded him to pre-
serve order in his courtroom and ensure that
justice was unobstructed.

VII.

[30] Bell also insists he was denied his
right to a proper trial conducted in conformi-
ty with the Sixth, Eighth, and Fourteenth
Amendments because the trial judge did not
issue a clarifying instruction following the
State’s closing argument during the guilt

-phase when the State stressed Bell was

feigning his mental illness so as to receive a
lighter sentence. Bell maintains that the
trial judge allowed the State to mischaracter-
ize the GBMI verdict as a means of escaping
_ punishment.

Following the State’s closing argument
during the guilt phase, trial counsel sought
curative instructions for the State’s recapitu-
lation of Bell’s testimony that a GBMI could
“save a person from the electric chair” and
for the State’s remark that a “trophy” or
“reward” for Bell in light of his testimony
and the psychiatric evidence presented. Tri-
al counsel specifically requested that the jury
instruction read:

I charge you that if your verdict be guilty

as to murder or guilty but mentally ill as

to murder, then the trial shall proceed so
that the jury may determine punishment.

The finding of either verdict still allows the

jury to consider a sentence of life impris-

onment or death.

Should you find the defendant guilty but

mentally ill, then the sentence imposed will
- be carried out after the defendant receives

treatment at a facility to be designated by
the Department of Corrections, and the
staff of said facility. gives an opinion that
the defendant can be returned to the De-
partment of Corrections so that the sen-
tence may be carried out.
The trial judge, initially, indicated that he
would give the first paragraph of this in-
struction, but he later refused the entire
request, reasoning that the jury should not
be concerned with possible penalties at the
guilt phase of trial. Bell argues that the trial
judge should have issued clarifying instruc-
tions regarding the State’s final argument
that Bell was evading punishment by seeking
a GBMI verdict.

The South Carolina Supreme Court, how-
ever, has held that “information as to penalty
is of no aid to the jury in determining wheth-
er the defendant committed the crime
charged.” Bell, 360 S.E.2d at 710 (citing
South Carolina v. Brooks, 271 S.C. 355, 247
S.E.2d 486 (1978)). But Bell believes that
Simmons v. South Carolina, prohibits coun-
sel from presenting the jury with a “false
choice” in its sentencing options. Simmons
v. South Carolina, —— US. , 114 S.Ct.
2187, 129 L.Ed.2d 133 (1994). We find how-
ever, that Simmons does not alter the hold-
ing in South Carolina v. Brooks.

In Simmons, the petitioner challenged the
trial court’s refusal to inform the jury during

* 430 72 FEDERAL REPORTER, 3d SERIES

strategy. Strickland, 466 U.S. at 689, 104
S.Ct. at 2065. .

Bell’s trial counsel was an experienced de-
fense lawyer in South Carolina, he employed
psychiatric experts on Bell’s behalf and his
efforts indicate he zealously represented
Bell. Trial counsel’s pursuit of a GBMI ver-
dict was integral to a trial scheme to avoid a
death sentence where evidence of guilt of a
gruesome murder was overwhelming and le-
-gitimate factual defenses were non-existent
for Bell. Trial counsel confronted the difficult
reality that the jury would undoubtedly de-
termine Bell abducted and murdered Shari
Smith, heinous acts exacerbated by the emo-
tional torture he inflicted upon Shari and her
family. Clearly, trial counsel’s representa-
tion fell within the bounds of objective stan-
dards of reasonableness.

Because we have found that trial counsel’s
actions were reasonable, we need not evalu-
ate trial counsel’s actions under the second
prong of Strickland.

pea

{11] We next turn to Bell’s due process
claim. Bell argues that he was denied due
process under Boykin v. Alabama, 395 U.S.
238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969),
because his trial counsel’s repeated conces-
sions of Bell’s guilt to the kidnapping, essen-
tially waived Bell’s right to plead not guilty
without an on-the-record showing the waiver
was made knowingly and voluntarily. De-
spite the fact that Boykin requires affirma-
tively showing that a guilty plea was made
knowingly and voluntarily, Boykin, 395 U.S.
at 242-44, 89 S.Ct. at 1711-13; Bell insists he
was entitled to an “on-the-record” showing
that he and his trial counsel] agreed to a trial
strategy conceding guilt.

[12] Due process does not require such
an on-the-record showing. In Boykin, the
Court emphasized that a guilty plea entered
by the accused is more than a confession
which admits that the defendant committed
various criminal acts; a guilty plea, in es-
sence, constitutes a conviction, and it relieves
the prosecution of its burden of proving its
case. Jd. at 242, 89 S.Ct. at 1711-12. _Be-
cause a guilty plea is a self-imposed verdict,

the trial court must ensure the accused made
a knowing and voluntary waiver of his consti-
tutional right against self-incrimination and
his right to confront one’s accusers. Id. at
243, 89 S.Ct. at 1712. Boykin’s concerns
and safeguards, however, do not apply to Bell
because Bell did not enter a guilty plea. His
consent to a trial strategy in which he admit-
ted some of his guilt did not foreclose the
jury from finding him not guilty on either
count, nor did it relieve the State from the
burden of proving its case. Bell was provid-
ed a fair jury trial, one in which he confront-
ed his accusers and took the stand on his
own behalf. An informed and impartial jury
ultimately determined his guilt:

We therefore reject Bell’s due process
claim because Bell had no constitutional right
to a contemporaneous, on-the-record inquiry
of whether he consented to trial counsel’s
strategic. decisions.

IV.

[13] Next, Bell contends that the court-
appointed competency examiners were parti-
San agents of the State, and, therefore, he
was denied his right to due process and
effective assistance of counsel. .

Bell cites Ake v. Oklahoma, 470 U.S. 68,
105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), in an
attempt to expand the parameters of proce-
dural due process competency hearings, so
that they be conducted by neutral, indepen-:
dent examiners. We do not believe that Ake
is applicable in this instance as the facts in
Ake are distinguishable from Bell’s case.

Unlike Bell, Ake was indigent and was
refused a state-funded psychiatric examina-
tion that would have aided his defense in
establishing Ake was mentally ill at the time
he committed the offense he was charged
with. The Supreme Court reversed Ake’s
death sentence on the ground that he was
denied such an examination. The Court held
that where an indigent defendant’s sanity is
at issue, the state must provide funds for the
defendant to obtain an independent examiner
to “conduct an appropriate examination and
assist in evaluation, preparation, and presen-
tation of the defense.” Ake, 470 U.S. at 83,
105 S.Ct. at 1096.

Cite
[14] Ake established a due proc
to a mandatory competency hearing
defendant is indigent and an exami
necessary to determine the defendar
inal responsibility at the time of th
In sharp contrast, Bell was neither ;
nor unable to hire his own mental
Furthermore, Bell’s examination
from Ake’s, in that Bell’s examinatior
mined his competency to stand tri
Pate v. Robinson, 383 US. 375, 38
S.Ct. 836, 841-43, 15 L.Ed2d 815

[15] It is established that 4 crim
fendant must be competent to star
Medina v. California, 505 US. 437, «
S.Ct. 2572, 2574, 120 L.Ed.2d 353 (19
the case at hand, Bell underwent thr
petency hearings’ throughout the co
his trial and each ‘time the trial judg
him “competent to proceed. During
hearings, Bell was evaluated by be
Dunlap (a consultant to the State h
appointed by the trial court in accc
with the S.C.Code Ann. § 44-23-410),
as by several experts Bell hired to a:
the preparation, of his defense.

[16] After each of the hearings, th
court made specific findings onthe -

: that Bell was. competent to stand. trial

findings included the testimony of bo
State experts and. Bell’s ‘experts, as v
the court’s observations of Bell before
ing, and after the hearings. Further
the state PCR judge made specific fir
that Dr. Dunlap was. neutral and imp
These findings are entitled to a presun

8. ‘The first hearing was held before trial s
On two other occasions during the triz
Proceedings were stopped to further’ ev
Bell’s competency. Both of these hearing:
requested by Bell’s attorney, who indicate
Bell was becoming difficult to control an
not cooperating in the defense effort. After
exam, the trial judge made specific findir
fact on the record concluding that Bell was
petent to stand trial.

9. The issue of Bell's competency was
raised in the state court proceeding on
PCR application. The PCR court found
mentally competent throughout his trial.
the trial judge’s findings of fact, this findi
also entitled to presumption of correctness.
Sumner, 449 U.S. at 550, 101 S.Ct. at 77(
Roach v. Martin, 757 F.2d 1463 (4th Cir.1

432 72 FEDERAL REPORTER, 3d SERIES

Dusky v. United States, 362 US. 402, 80
S.Ct. 788, 4 L.Ed.2d 824 (1960). Despite the
fact that the district court determined that
the trial judge properly concluded that Bell
was competent, Bell insists that the trial
judge (1) misapplied the competency stan-
dard, and (2) ignored Bell’s trial counsel’s
statements that Bell was neither cooperating
nor communicating with him. We reject
both of Bell’s arguments.

[22] The trial judge held three competen-
cy hearings. The first hearing was held
before trial. The second hearing, was held-
specifically at trial counsel’s request; and the
third was held during the penalty phase. At
each hearing, the trial judge was only re-
quired to ensure that Bell had the capacity
to understand, the capacity to assist, and the
capacity to communicate with his counsel.
Drope, 420 U.S. at 171, 95 S.Ct. at 903-04.
The trial judge was not required to police
whether Bell was acting in accordance with
his capacity. Bell has failed to rebut the
presumptions of correctness accorded the tri-
al judge’s findings. -.:We therefore hold that
Bell has failed to establish a due process
violation. .

VI.

[23] We next turn to Bell’s claim that his
Sixth Amendment right to be present during
his trial was violated by his ejection from the
courtroom during a portion of his trial coun-
sel’s closing argument at the guilt phase.
Bell makes the innovative argument that de-
spite the fact that his own insolence forced
the trial judge to eject him from the court-
room, he had a constitutional right to an
audio hook-up from the courtroom to his
holding cell.

[24,25] The Sixth Amendment guaran-
tees a defendant’s right to be present in the
courtroom during the trial of his case. See
Lewis v. United States, 146 U.S. 370, 372, 13
S.Ct. 136, 137, 36 L.Ed. 1011 (1892). But,
there are recognized limitations to this right.
“A defendant can lose his right to be present
at trial if, after he has been warned by the

11. Both Petitioner's brief and Respondent's brief
cite numerous exchanges between the trial judge
and Bell regarding Bell’s behavior. The trial

trial judge that he will be removed if he
continues his disruptive behavior, he never-
theless insists upon conducting himself in a
manner so disorderly, disruptive, and disre-
spectful of the court that his trial cannot be
carried on with him in the courtroom.” [Ili-
nois v. Allen, 397 U.S. 337, 343, 90 S.Ct.
1057, 1060-61, 25 L.Ed.2d 353 (1970).

Bell was properly removed from the court-
room under Allen. The record reflects both
Bell’s continuous interruptions of his own
counsei during closing argument and the nu-
merous warnings the trial judge gave Bell
regarding his behavior.!' When the trial
judge warned Bell he would be removed from
the courtroom if he continued his antics, Bell
disregarded the trial judge and refused to
remain quiet.

[26] We have never held, nor does Allen
require that a defendant who has been re-
moved from the courtroom because of his
disruptive behavior has a right to an audio
hook-up. We see no reason to create such a
right. The right to be present at‘one’s own
trial serves two purposes: it gives the defen-
dant an opportunity to face his accusers and
it affords him the opportunity to help in his
own defense. Bell both faced his accusers
and helped in his own defense; his missing
only a portion of his trial counsel’s closing
arguments without an audio hook-up did not

interfere with his ability to do either: The

trial judge’s refusal, therefore, to provide the
requested audio hook-up did not violate Bell’s
Sixth Amendment right to be present during
his trial. eee Pere

VII.

[27,28] Bell also contends that the trial
judge abused his discretion by preventing
ingress and egress to the courtroom during
witness testimony. The Sixth Amendment
provides that an individual accused of a crim-
inal offense has the right to a public trial.

Waller v. Georgia, 467 U.S. 39, 104 S.Ct.

2210, 81 L.Ed.2d 31 (1984); Richmond
Newspapers, Inc. v. Virginia, 448 U.S. 555,
100 S.Ct. 2814, 65 L.Ed.2d 973 (1980). Bell

judge responded to Bell’s refusal. to: curtail his
antics in the only sensible manner, removal from
the courtroom. - og

Ci
asserts the trial judge’s. restrictior
ed to partial closure.

[29] Although there is a strong
tion in favor of openness, the right
trial is not absolute. The trial j
impose reasonable limitations ona
trial in the interest of the fair adm
of justice: Press-Enterprise Co. v.
Court, 464 U.S, 501, 510 n: 10, 104 '
824 n: 10, 78 L.Ed.2d 629 (1984);
mond Newspapers, 448 U.S. at 581.’
100 S.Ct. at 2880, n. 18 (holding
right of access to a trial may be’
where there are sufficiently power’
tervailing considerations). We h
however, that a defendant's right ti.
trial is not.implicated by tempora:
tion of ingress and egress to the c
to prevent disturbance of the pro
Snyder v. Coiner, 510 F.2d 224 |
1975).

‘In the instant case, the trial jue
merely Maintaining order-in his co
and _ ensuring a non-disruptive atrl

= for jury members, the litigants, the -
p of the press, and any members of th
& . Who chose to attend. The trial judg.
g:. ordered anyone to leave the courtr:
me; Closed any portion of the trial from tli
= altogether. Furthermore, the recc:

@ not reveal that anyone interested in
B Was excluded from the courtroom. «

clude that Bell’s right to an open aré
trial was not violated, and that the trr

Serve order in his courtroom and ens?.
Justice was unobstructed. é:

VII. :

' )
[30] Bell also insists he was de),

Tight. to a proper trial conducted in ec
-ty with the Sixth, Eighth, and Fov.
Amendments because the trial judge.
sue a. clarifying instruction follow.

B. State’s closing argument during tlt

jPhase when the State Stressed B
igning his mental illness so as to n |
hter sentence. Bell maintains t;
lal judge allowed the State to misch:,

; Punishment.

/- ee a

TWO SLAVES

"Two Negro Slaves were convicted of murder at Charleston,
Se Coy on the 3rd instant, and receivéd sentence to
suffer death by being BURNT ALIVE! One of them to be
executed the day after his trial, and the other on Fri-

day following (Dec. and 5, 1800,)" REGISTER, Raleigh,
NC, Dec. 30, 1800 (3/5)

Identified as ‘Ben’ and ‘Stuart’ slaves of Me. Creamiles the ship: builder.
Burnt at the stake for murdering one of their master s customers. Ee.on
2/4 and 12/55 the fist at usual place oftex’ and the latter at scene

of crime fer the Obseyo Herald \-B-\BOl 3:2.

that makes.me think of Debra."

Helmick's younger sister, Becky, now 17, said she became a supporter of capital punishment after"
the murder. q

Becky Helmick never will forget her sister's funeral, which was postponed a day so that it would
not occur on Becky's birthday.

"The funeral was filled with hundreds of people that I didn't even know," Becky Helmick said. "I
remember wondering if one of the men there could have been the one who had taken my life, my

joy, my only sister."

Debra May Helmick had seen news reports on TV about Smith's abduction and feared it might iy
happen to her, said her paternal grandmother, Ann Helmick, of Wagener. U-

Like Smith, Debra May was pretty, with blonde hair and blue eyes.
Ann Helmick said she's still haunted by the loss of her granddaughter.

"Tt's an awful bad thing for a person to feel hate. I could peel him (Bell) inch by inch," she said. "It Ne
won't be over for us until it's over for him. I feel like I will get a burden off of me on Friday."

witness Bell's execution on behalf of Smith's parents, Bob and Hilda Smith, and her sister, Dawn

Bell also emotionally damaged Smith's family, said her maternal uncle, Rick Cartrette. He will SS
Smith Jordan. c

"They don't need the nightmares all over again. Every time we hear Bell's name, we think of
Shari," Cartrette said. "The torture of knowing that he had Shari was something you never forget." |

Two hours before she was murdered, Smith persuaded Bell to let her write a last testament. The Y
statement reflects Smith's faith and love for her family.

"I'll be with my father now, so please, please don't worry! Just remember my witty personality & YL
great special times we all shared together," Smith said in the two-page handwritten testament.

"Please don't ever let this ruin your lives. Just keep living one day at a time for Jesus."

In the book "Mindhunter," John Douglas, a former FBI agent, described Smith's letter as "probably
the greatest and most moving testament of courage, faith and character I have seen in my 25
years in law enforcement."

Wi The

Douglas helped develop a psychological profile of Bell that helped lead to his arrest.

Smith's family relied on their faith during the ordeal. Jordan played the piano and helped lead the
family and other people at the Smith home in singing spiritual songs.

—

"It was a situation where you can't believe these things are happening," Cartrette said. "But Bob,
Hilda and Dawn have forgiven Larry Gene Bell."

/O- 3

Bob Smith continued to serve as a chaplain at the Lexington County jail after his daughter was
murdered, said Lexington County Sheriff James Metts. He said Bob Smith also counsels other
parents whose children have been slain.

On several occasions, Metts said, he has asked Bob Smith to accompany him when he has had to
inform parents that their children were slain.

"Working with the Smith family was an incredible experience," Metts said. "Seeing their
tremendous religious faith was stimulating to me."

Lowe also has forgiven Bell.

"T came to the realization I needed to forgive him to make myself right with God," Lowe said. "But
the execution won't stop me from wondering what Debra would be doing now."

John Allard covers prison issues. He can be reached at 771-8358 or by fax at

711-8430. (9-3-9 The Sate.

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©1996 CyberState. The information you receive on-line from CyberState is protected by the
copyright laws of the United States. The copyright laws prohibit any copying, redistributing,
retransmitting, or repurposing of any copyright-protected material.

F ten of Simeon Black a
Executed at Lexington SC on 7 -£0-18 72.

Further information still forthcoming.

{had a cite from the Augusta. Ga. Constituhonalist
which seid that Black was aged (6 and his two co-
defendants aged IS — but f cannot locafe if now.

Be patient while { send away ty S.C. for more into.

ADAMS v. AIKEN 1313
Cite as 965 F.2d 1306 (4th Cir. 1992)

that his findings were quite consistent with
the State Hospital’s findings shortly after
indictment.

‘Before the second trial, Adams’s counsel
began to doubt his competence and asked
Dr. Morgan to re-evaluate him. Dr. Mor-
gan visited Adams and requested Dr. Diane
Follingstad, a psychologist, to test him.
Adams, however, would not cooperate. At
the direction of the trial court, Dr. Smith
conducted a 20-minute psychiatric inter-
view immediately before jury selection and
found Adams. competent. Dr. Smith did
not-know about Adams’s uncooperative be-
havior prior to the re-evaluation. Adams
does not contend that.he was incompetent
before the second trial started, but he as-
serts that his subsequent bizarre behavior
showed that he lost competency during the
trial.

A deferidaat must be competent through-
out the trial, not just at its commencement.
See Drope v. Missouri, 420 U.S. 162, 181,
95 S.Ct. 896, 908, 438 L.Ed.2d 103 (1975).
The test of competency is whether one
“has sufficient present ability to consult
with his lawyer with a reasonable degree
of rational understanding—and whether he
has a rational as well as factual under-
standing of the proceedings against him.”
Dusky v. United States, 362 U.S. 402, 80
S.Ct. 788, 4: L.Ed.2d 824 (1960).

[3] The magistrate conducted an evi-
dentiary hearing on the issue of Adams’s
competency throughout the second ‘trial.
Both Adams and the state presented expert
witnesses. Adams’s trial counsel and the
prosecutor also testified. Adams’s conten-
tion, supported by his experts, is that he
became incompetent during the trial, espe-
cially when he addressed the jury in a
bizarre and partly irrelevant closing argu-
ment. The state’s expert witness, Dr.
Smith, expressed the opinion that Adams
was competent and that he was no differ-
ent during his argument to the jury than
he was before trial. Conceding doubts
about the accuracy of his diagnosis of para-
noid personality, Dr. Smith said he believed
Adams had mixed personalities. Neverthe-
less, he expressed'the opinion that Adams
remained competent throughout the -trial.

In a lengthy opinion that devoted 21
pages to a review of the trial record and
the conflicting evidence at the habeas cor-
pus evidentiary hearing, the magistrate
found that Adams was competent through-
out his trial. Upon review of the magis-
trate’s report and recommendation, the dis-
trict court concluded that Dr. Smith’s testi-
mony provided a persuasive and wholly ad-
equate basis for finding that Adams was
competent throughout his trial.

The magistrate and the district court ap-
plied correct legal principles to the question
of competency. Though the testimony was
conflicting, ample evidence supports their
findings and conclusions. . Their resolution
of this issue accords with that of the state
habeas judge who also found that Adams
was competent throughout his trial. The
South Carolina Supreme Court, after an
examination of the trial record, held that
Adams’s claim of incompetency. lacked mer-
it. State v. Adams, 279 S.C. at. 237, 306
§.E.2d at 218 (1983). Adams has not rebut-
ted the statutory presumption that the
finding of competency made by the state
habeas court. and the Supreme Court is
correct. 28 U.S.C. § 2254(d).

[4] Adams’s claim that his counsel were
ineffective because they did not request a
re-evaluation of his competency during the
course of the trial must also fail. Inas-
much as Adams was competent, no preju-
dice resulted in either the guilt or the pun-
ishment phase of the trial because his coun-
sel did not move for another competency
examination. Lack of prejudice defeats
Adams’s claim of ineffective counsel. See
Strickland v. Washington, 466 U.S. 668,
691-96, 104 S.Ct. 2052, 2066-69, 80 L.Ed.2d
674 (1984).

[5]. Adams also complains that his coun-
sel were ineffective because they did not
introduce at the sentencing phase mitigat-
ing evidence of his mild mental retardation
and paranoid personality disorder. Adams
did not raise this issue in the state proceed-
ings or in his federal petition for a writ of
habeas corpus. To correct this hiatus,
Adams’s present counsel links it to the
allegation of ineffectiveness of trial coun-

1314

sel because they did not seek re-evaluation
of his competency during the trial. How-
ever, this linkage was not alleged in the
state proceedings or in the federal petition.
Neither the magistrate nor the district
court addressed this linkage. Instead,
their attention was devoted to the allega-
tion that defense counsel were ineffective
because they should have sought re-evalua-
tion of Adams’s competency during the tri-
al, a claim that we have discussed and
found to be without merit.

The claim that counsel were ineffective
at sentencing is procedurally barred be-
cause Adams failed to raise it in the state
proceedings. S.C.Code § 17-27-90; Land
v. State, 274 S.C. 248, 246, 262 S.E.2d 735,
737 (1980). Adams has shown no cause for
lifting this bar. The state procedural bar
and Adams’s failure to allege in his federal
petition counsel’s deficiencies at the sen-
tencing phase preclude relief on this issue.
Coleman v. Thompson, US. , 111
S.Ct. 2546, 2554, 115 L.Ed.2d 640 (1991)
(state procedural bar); Dugger v. Adams,
489 U.S. 401, 109 S.Ct. 1211, 108 L.Ed.2d
435 (1989) (same); Harrison v. Warden,
890 F.2d 676, 679 (4th Cir.1989) (omission
of allegation in federal petition).

[6] Alternatively, we conclude that
Adams’s claim of ineffective counsel at sen-
tencing lacks merit. Adams’s appellate
counsel argues that Adams’s trial counsel’s
deficiency at sentencing arose out of their
failure to request a mental evaluation dur-
ing the second trial. But such an evalua-
tion would have been inconclusive evidence
of Adams’s mental condition some three
years before when he committed the crime.
As a matter of fact, Dr. Smith had ex-
pressed the opinion shortly after the crime
that Adams was mildly mentally retarded
and exhibited paranoid personality trends.
Dr. Morgan, Adams’s expert, agreed with
the findings Dr. Smith made at his initial
examination shortly after the crime.
Adams’s counsel argued to the jury that
his mental condition was a mitigating cir-
cumstance, and the judge instructed the
jurors that they could consider his mental
condition as a mitigating circumstance.

965 FEDERAL REPORTER, 2d SERIES

[7] Adams contends that the prosecutor
withheld exculpatory information in viola-
tion of Brady v. Maryland, 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963). Brady
states that suppression of evidence favor-
able to the accused after a request violates
due process “where the evidence is materi-
al either to guilt or to punishment....”
373 U.S. at 87, 838 S.Ct. at 1197. “The
evidence is material only if there is a rea-
sonable probability that, had the evidence
been disclosed to the defense, the result of
the proceeding would have been different.
A ‘reasonable probability’ is a probability
sufficient to undermine confidence in the
outcome.” United States v. Bagley, 473
U.S. 667, 682, 105 S.Ct. 3375, 3383, 87
L.Ed.2d 481 (1985). The undisclosed evi-
dence must be considered in light of the
entire record. United States v. Agurs, 427
US. 97, 112-18, 96 S.Ct. 2392, 2401-02, 49
L.Ed.2d 342 (1976).

Adams claims he is entitled to a new trial
because, despite his request for disclosure,
the prosecutor did not inform him of Mark
Culp’s written statement.

{8]. Chambers, the victim, arrived at his
home at 2:35 in the afternoon, and was
killed sometime before 3:05. Mark Culp
gave a written statement to the prosecu-
tion that he saw Adams outside Cham-
bers’s house and heading to his own home
about five minutes after Chambers’s arriv-
al. Adams maintains this testimony could
have been used to show that he could not
have killed Chambers, because he could not
have committed the murder and disposed of
the body in five minutes.

The prosecutor interviewed Culp after
Culp had given the written statement.
Culp then said five minutes could mean a
minimum of fifteen minutes. Culp later
made a sworn statement that during the
first trial he told one of defense counsel all
he knew about Adams on the day Cham-
bers disappeared. In the statement he said
that he repeated this information in a con-
versation with defense counsel at the sec-
ond trial. Later he claimed he never talked
with defense counsel. In any event, nei-

ADAMS v. AIKEN 1315
Cite as 965 F.2d 1306 (4th Cir. 1992)

ther the prosecutor nor defense counsel
called Culp to testify at either the.first or
second trial. Adams’s testimony at his tri-
al was not consistent with Culp’s state-
ment. Adams claimed that he remained in
his house after approximately 2:15, and he
did not mention seeing Culp or the other
person to whom Culp said Adams spoke.
This inconsistency indicates that Culp’s
statement was neither exculpatory nor ma-
terial.

Based on the weight of evidence against
Adams, both the magistrate and the district
court concluded that Culp’s statement was
not reasonably likely to have affected the
outcome of the trial. The statement that
Adams appeared five minutes after Cham-
bers arrived home is of little significance
compared to Adams’s confession, his incon-
sistent alibi testimony, and Jeter’s testimo-
ny.

[9] Adams also complains that the pros-
ecutor unlawfully withheld a police report
about the questioning that resulted in
Adams’s confession. He argues that this
report would have disclosed that the police
elicited “his confession through a process
of piecemeal questioning about each ‘miss-
ing’ detail.” Specifically the report noted
that Adams first claimed that Jeter killed
Chambers, but when he was asked about a
nylon cord, he denied tying Chambers with
any cord. The police then asked about
other details, and Adams finally admitted
the crime.

Adams asserts that another police report
would have shown that his alibi, first as-
serted when he was arrested, was not a
recent fabrication. He contends that the
prosecutor implied it was a recent fabrica-
tion by stating in final argument: “Now he
raises some alibi.” JA 727. The prosecu-
tor never expressly charged that the alibi
was a recent fabrication. This single cryp-
tic remark was made in the course of a
long summation.

Brady, Agurs, and Bagley dealt with the
prosecutor’s suppression of evidence that
was known to the prosecutor but not to the
defendant. Unlike the situation in those
cases, the information in the police reports
was known to Adams. Hence, strictly

speaking, the prosecutor suppressed noth-

ing.

The district court held that singly and
cumulatively the items which the prosecu-
tor did not disclose were not material in
light of the. evidence proving Adams’s
guilt. We concur in the district court's
assessment of materiality.

Adams next claims that his confession
should have been excluded because the po-
lice obtained it by violating his Fifth and
Sixth Amendment rights, as enunciated in
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct.
1602, 16 L.Ed.2d 694 (1966), Edwards v.
Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68
L.Ed.2d 378 (1981), and Michigan v. Jack-
son, 475 U.S. 625, 106 S.Ct. 1404, 89
L.Ed.2d 631 (1986).

Miranda, 384 U.S. at 436, 86 S.Ct. at
1602, holds that information obtained from
an individual subject to custodial police in-
terrogation is inadmissible at trial unless
the police followed certain procedural safe-
guards before eliciting it. These safe-
guards include advising the individual
questioned of his Fifth Amendment right to
remain silent and have counsel present.
One may waive his Miranda rights as long
as he does so “voluntarily, knowingly, and
intelligently.” 384 U.S. at 444, 86 S.Ct. at
1612. Edwards, 451 U.S. at 484-85, 101
S.Ct. at 1884-85, holds that once an individ-
ual has requested counsel, police-initiated
interrogation without counsel’s presence vi-
olates the Fifth Amendment. Any confes-
sion obtained in that manner is therefore
inadmissible at trial. Jackson, 475 U.S. at
636, 106 S.Ct. at 1411, holds that the same
type of police conduct also violates the
Sixth Amendment if the defendant’s right
to counsel has attached..

Adams was arrested on Friday, October
19, and stayed in jail through the weekend.
According to Adams he asserted his right
to remain silent, but police continued to
interrogate him in violation of the Fifth
Amendment. The prosecution concedes
that the police asked Adams daily whether
he wanted to make a statement, but that

1316 965 FEDERAL REPORTER, 2d SERIES

each day he refused. The court appointed
an attorney to represent Adams on Mon-
day, October 22. On Tuesday, October 23,
police drove Adams from the jail in Rock
Hill to Columbia for a polygraph test.
Adams claims this was done without in-
forming counsel, in violation of the Sixth
Amendment.

While returning to the jail from Colum-
bia, Adams said he wanted to make a state-
ment. The police refused to accept it at
that time and told Adams that they would
have to contact his attorney. Neverthe-
less, Adams made spontaneous implicating
admissions.

Adams spoke with his attorney that
night, who unsuccessfully tried to convince
Adams not to confess. His attorney per-
suaded the police to agree that any oral
statement Adams made would not be used
against him unless he signed the statement
after it had been reduced to writing.
Adams then gave an oral confession. Af-
ter it was reduced to writing, Adams and
his attorney conferred, reviewing the draft
line by line. Adams, disregarding his at-
torney’s advice, signed the statement. He
now contends that this statement resulted
from his earlier Fifth and Sixth Amend-
ment violations and therefore should not
have been admitted: into evidence at his
trial.

The district court found that the signed
confession was admissible, even if Adams
could establish Fifth and Sixth Amendment
violations by the taking of the polygraph
test and any incriminating statements
made in transit from Columbia. The court
noted that no evidence existed that the
signed confession resulted from the poly-
graph test, and it found Adams had made a
“knowing, intelligent and counseled waiver
of his Fifth Amendment rights.” JA 1729.
The district court also determined that the
confession was voluntary. JA 1731.

{10-12] The fact that earlier incrimina-
ting statements may have been improperly
obtained does not require suppression of a
later, validly obtained confession. Oregon
v. Elstad, 470 U.S. 298, 314, 105 S.Ct. 1285,
1296, 84 L.Ed.2d 222 (1985), states that
“absent deliberately coercive or improper

tactics in obtaining the initial statement,
the mere fact that a suspect has made an
unwarned admission does not warrant a
presumption of compulsion.” A suspect
who has already made an inadmissible con-
fession may subsequently waive the Fifth
Amendment and make a statement that
will be admissible at trial. “The relevant
inquiry is whether, in fact, the second
statement was also voluntarily made.” 470
U.S. at 318, 105 S.Ct. 1285, 1298. The
district court found no facts showing that
the police used “deliberately coercive or
improper tactics” in eliciting Adams’s oral
confession while traveling between Colum-
bia and Rock Hill. His initial admissions,
which were not introduced at trial, did not
taint the subsequent written confession.
Adams conferred with counsel and effec-
tively waived the Fifth Amendment before
making the second confession.

Adams effectively waived his rights as
long as he did so “voluntarily, knowingly
and intelligently.” Miranda, 384 US. at
444, 86 S.Ct. at 1612. The test for whether
he waived his rights intelligently is not
whether “it was wise or smart to admit his
participation in the crime, but whether his
decision was made with the full under-
standing that he need say nothing and
that he might then consult with a lawyer
if he so desired.” Harris v. Riddle, 551
F.2d 936, 939 (4th Cir.1977) (quoting Unit-
ed States v. Hall, 396 F.2d 841, 846 (4th
Cir.1968)). Whether the decision was un-
wise or foolish is irrelevant. Harris, 551
F.2d at 939.

We conclude that Adams’s waiver of his
Fifth Amendment right against self-incrim-
ination after conferring with his counsel
was made voluntarily and “with a full
awareness of both the nature of the right
being abandoned and the consequences of
the decision to abandon it.”” Moran v. Bur-
bine, 475 U.S. 412, 421, 106 S.Ct. 1135,
1141, 89 L.Ed.2d 410 (1986). See also Min-
nick v. Mississippi, — U.S. —, 111 S.Ct.
486, 490-91, 112 L.Ed.2d 489 (1990) (pres-
ence of counsel evidences effective waiver)
(dictum). The conferences of Adams and
his counsel before he gave his oral confes-
sion and signed his written confession

Ti : Ch 4 le OCTOBER 5, 1996
a L

C: lumbis ot

Bell faced

his death
in silence

Convicted in ’85 killings,
he chooses electric chair

By JOHN ALLARD
Staff Writer

A quick, violent bolt of electricity ended the life of
Larry Gene Bell early Friday.

Bell, a 47-year-old Gilbert electrician, was put to
death in South Carolina’s electric chair for the 1985
murders of Debra May Helmick, 9, and Shari Faye
Smith, 17.

The electric chair, first used 84 years ago when
people viewed electricity as a technological marvel,
proved to be a crudely efficient death machine for
Bell.

Here’s an account of his last moments:

When a prison official opened the curtain, Bell sat
still in the electric chair center Stage in the brick-
walled, vinyl-floored execution chamber.

“He was the calmest person in the room,” said
Daniel Westbrook, one of Bell’s attorneys. “He was
fine while they put the gel on his head.”

Leather straps bound Bell’s arms, shoulders, waist,
chest and ankles to the chair. Metal screws attached
all of the straps to the back of the chair.

Bell’s eyes and mouth were closed. The palms of
his hands were resting flat on the arms of the chair.

Bell didn’t move while two men put a leather strap
around his head, buckling it to the chair’s back. They
then placed a leather hood on his head.

Shortly after 1 a.m. Friday, three anonymous exe-
cutioners in a room with a one-way mirror simultane-
ously pushed three red buttons on a small metal box
to switch on the electric chair. Only one button
turned on the power, and the executioners did not
Know which one it was.

The electricity entered Bell’s body through a three-
part headpiece, composed of a sponge, a metal ring
to conduct electricity and a black leather outer layer.
The grounding wire was attached to a metal band on
Bell's right calf. The right pant leg had been cut off of
his dark green, state-issued jumpsuit.

Bell appeared to die seconds after the first cycle of
2,000 volts entered his body, Causing it to become
limp.

More than a decade after
twin slayings, S. Carolina
“ecutes Larry Gene Bell

Victim’s uncle
regards final act

as closure

By PETER O’CONNELL

Staff Writer
COLUMBIA
hen the voltage struck his
body early Friday morning,
Larry Gene Bell jerked for-
ward to the limited degree
permitted by the leather

straps that bound his chest, arms and legs.
When the power stopped just over two min-

utes later, his body dropped back into the elec-

tric chair.

A doctor entered the chamber, shined a
pencil-light into each of Bell’s eyes, placed a
stethoscope to Bell’s heart, and nodded.

“The sentence in the case of the State of
South Carolina versus Larry Gene Bell has

been carried out as of 1:12.a.m.,” a prison offi-

cial announced over the intercom.

An 11-year wait

Rick Cartrette waited 11 years to watch
Bell die.

Cartrette is the maternal uncle of 17-year-

old Shari Faye Smith, whom Bell abducted
from her Lexington County home, raped and
murdered in June 1985. Prior to his arrest,
Bell taunted the Smith family in telephone
calls, and sent them a last will and testament
written by the victim.

“T was there during the whole ordeal. I was
there from the start, and I wanted to be there
at the end,” Cartrette said.

He was, right in the front row. He nodded
when Bell was pronounced dead.

“It is a closure as far as not having to hear
Mr Bell’s name all the time,” he said later.

But he said the Smith family will never for-
get the girl who, in her last will and testament,
urged them to carry on.

In the death chamber

Cartrette was already seated in the front
row when the five media witnesses entered
the observation room minutes before 1 a.m.
Beside him sat Debra Helmick Lowe, mother
of 9-year-old Debra Helmick, whom Bell
abducted from her Richland County home in
June 1985. Like Smith, the little girl was suffo-
cated with duct tape.

Thick glass with blue metal bars on the
other side separated the witnesses from the
death chamber. A brown curtain inside the

‘chamber covered the length of the glass.

Minutes after 1 a.m., the curtain was
drawn back, revealing the 15-foot by 20-foot
chamber with its brick walls and brown, vinyl
floor. Bell sat in the electric chair in the center
of the chamber, facing the observation room.

He wore a green prison jump-suit, the right

Larry Gene Bell was executed at 1 p.m.
Friday.

leg of his pants rolled up to reveal a conduc-
tive band on his calf. Unlaced tennis sneakers
covered his feet. His eyes were closed, his face
without expression. His limbs did not shake.

A prison official announced the con-
demned had declined to make a final state-
ment. Two uniformed guards pulled a brown,
leather hood over Bell’s head, then left the
room. Three men in suits remained in the
chamber.

At about 1:07 a.m., 2,000 volts at five amps
were sent crashing into Bell’s body. His body

clenched, straining against the leather bands —

that held him fast. His fingers gripped the
arm-rest.

Lexington said he was ‘very evil’
Lexington County Sheriff James Metts
spoke to Bell during one of the cruel phone

» Did Bell take to his
grave the secret to
another disappearance?
» Reporter’s notebook
from the execution
chamber

calls the killer placed as authorities searched
for him in 1985. “He threatened my family,”
the sheriff said outside Broad River
Correctional Institution hours before Bell’s
execution.

A reporter reminded the sheriff that a
prosecutor has referred to Bell as “the
Hannibal Lecter of South Carolina.” Was this
an evil man? the reporter asked.

“Very evil,” replied the sheriff. “He knew
right from wrong, and he was taunting these
families.”

What made him evil?

“My feeling is that he had bad relations
with women, and the only way he could be in
control was to do things like this,” Metts said.

The last moments

The power flowed for just over two min-
utes. Following the initial jerk, Bell’s body did
not move until it dropped back down at the
close of the final power cycle. No odor could
be detected in the observation room. One offi-
cial inside the chamber appeared to smell
something foul.

When the power was cut off, a man entered
the chamber and removed the cord leading
from the ceiling to the electrode connection at
the top of the head-piece worn by Bell. Next
he removed the conductive band strapped to
Bell’s right calf. He placed them behind a tab!
in the back right corner of the death chambe!

After the doctor pronounced Bell dead, th«
brown curtain was drawn back to conceal the
chainber as the witnesses filed from the room

THE STATE, COLUMBIA, S.C.

BELL

FROM PAGE B1

His body lurched when electric-
ity surged through his body about
1:05 a.m.

Bell’s thighs spread apart until
his knees touched the chair’s legs.

After he was executed, Bell’s
hands were contorted. Some of his
fingers pointed straight out and
others were either curled up or
clenching the arms of the chair.
The muscles in his arms remained
taut.

About five minutes later, a man
disconnected the chair’s power
cord, unscrewed an electrode from
the headpiece and loosened the
leather hood. The man then nod-
ded at Charlie Cepak, warden of
Broad River Correctional Institu-
tion,

A prison doctor entered the
execution chamber to confirm Bell
was dead. He pried open Bell’s
eyelids, examining them with a
flashlight, and put a stethoscope
on Bell’s chest to listen for a heart-
beat.

Rick Cartrette, Smith’s mater-
nal uncle, nodded while the doctor
examined Bell’s body.

The doctor then nodded at
Cepak, who then announced Bell’s
death sentence had been carried
out at 1:12 a.m.

Closure for families. Tears welled in
Debra Helmick Lowe’s eyes after
she witnessed the execution.

She had said she would think
about her 9-year-old daughter
when Bell was put to death.

Smith’s parents and siblings
were relieved that Bell’s death sen-
tence finally had been carried out
after a 10-year wait, Cartrette said.

“It’s a closure as far as not hav-
ing to hear Mr. Bell’s name all the
time,” Cartrette said. “I was there
during the whole ordeal. I wanted
to be there for the end.”

“We hope people will never
forget Shari and Debra’s names,”
Cartrette said. “We'll always
remember them.”

Outside the prison, about 40
people who support capital pun-
ishment started a countdown for
the execution shortly before 1 a.m.
They cheered loudly when the
hearse carrying Bell’s body rolled
past.

The execution contained little
of the melodrama that surrounded
Bell after his arrest for the mur-
ders.

Investigators know Bell abduct-
ed Helmick and Smith outside
their homes in northeast Richland
County and Red Bank, respective-
ly.
And they think he sexually

Ty, os a
pay

RUETT/THE ASSOCIATED PRESS

Luk
KIM T

Sister Maigread Conway of Charleston participates in a vigil for Larry
Gene Bell Thursday. Bell was executed early Friday.

assaulted both girls before he suf-
focated them by wrapping duct
tape around their heads.

But they don’t know why he
killed them. Bell took those secrets
to his grave.

He also kept to himself any
knowledge he might have had
about the 1984 disappearance of a
Charlotte woman, whose body has
never been found.

Several Charlotte investigators
spent Thursday at the Broad River
prison, hoping Bell would tell
them where to find Sandee Elaine
Cornett’s body. She had dated one
of Bell’s co-workers at Eastern Air-
lines in Charlotte.

But he refused to meet them.

“He played his games right up
to the last moment,” said 11th Cir-
cuit Solicitor Donnie Myers, who
prosecuted Bell. “He was sadistic
to the end.”

Bell did not want to speak with
anyone Thursday, Westbrook said.
He started a vow of silence
Wednesday in preparation for his
execution.

In a prepared statement, West-
brook and Bell’s other attorneys
maintained Bell should not have
been executed because he was not
mentally competent.

A state judge and three appel-
late courts refused to postpone the
execution despite Bell’s serious
mental illness and belief that he is

Jesus Christ.

“Together, we have executed a
sick, delusional, psychotic man,”
Bell’s attorneys said in the state-
ment. “He could not confess his
sins. He could not make his peace
with God. He could not even say
goodbye to his mother.”

Westbrook, who witnessed the
execution for Bell, said Bell
focused on his belief that his spirit
would be resurrected immediately
after he was executed.

“His delusion system remained
strong to the end,” Westbrook
said. “He never wavered in his
belief that the world would see he
was Jesus Christ.”

Bell did not request a final meal
and refused to eat a dinner of
hamburger, rice and gravy, corn-
bread, fried okra, rice pudding and
tea that was served to all inmates
at the Broad River prison.

He was the fourth killer execut-
ed in South Carolina this year and
the ninth overall since 1977, when
state lawmakers restored capital
punishment.

Bell chose to be executed in the
electric chair rather than die by
lethal injection, which the state
last year adopted as its preferred
execution method.

Jim Springs, of the State Law Enforce-
ment Division, dusts phone used by sus-
pect to call Shari Smith’s parents.

that whoever kidnapped her might be
someone she knew.

Frustrating hours, filled with appre-
hension, passed at the Smith home. Each
hour was a threat to Shari’s life unless the
kidnapper was aware that Shari required
her medication or large amounts of wa-
ter.

Police asked her parents if, assuming
Shari made it known to her abductors
that she needed the medication, it could
be obtained. They said it was unlikely

‘that it could be had without a physician’s

prescription.

Acall came in shortly after ten o’clock
in the evening.

The muffled voice of a man stated that
he had Shari Smith and that she was all
right. He was asked if he knew that Shari
desperately needed her medication. He
said he was aware of that fact. As a plea
was being made to release Shari, the
connection was broken.

The call had been so brief that there
had not been time to trace where it had
been placed. It had not been long dis-
tance, so it apparently had been placed
from a pay telephone booth somewhere
in Lexington County. It raised some
hope for investigators that Shari was

30 Front Page Detective

being held somewhere in the area.

The voice on the tape would be made
into a voice print that might later identify
the caller, if he could be located and
apprehended.

Sheriff Metts reasoned that the victim
most likely was being held in a dwelling
or possibly an abandoned building. Dep-
uties, along with volunteers, began a
check on all abandoned buildings in the
area.

A news broadcast, giving Shari’s de-
scription, asked for residents to call’ the
sheriff's office in the event they had seen
the blue-eyed blonde girl, barefoot and
wearing white shorts and a yellow pullo-
ver,

Saturday, Shari’s parents appeared on
a special television broadcast with a plea.
to her kidnapper, explaining the urgency
of getting her medication and promising
to meet any demands made by the kidnap-
per.

Scores of volunteers came to the sher-
iff’s office offering their help. They were
told that about all they could do was to
keep checking on any place where a kid-
nap victim might be held captive.»

The temperature climbed beyond the
100-degree mark by mid-afternoon.
Without medication or water, Shari
would quickly become dehydrated to the
point of death.

Calls poured into the sheriff's office

from persons who sighted a blue-eyed

ean EEC ae are

blonde girl. Immediate checks by in-
vestigators proved that none of the sight-
ings had been Shari.

With no word from the kidnapper by
Saturday night, there was a question as to
whether the graduation ceremonies
should take place on Sunday as planned.
Shari’s parents urged the school officials
and students to hold the ceremony as
scheduled. They said they were certain
Shari would want it that way, and that it
would in no way interfere with the search
being made for her.

The graduation ceremonies were held
as scheduled, but without the jubilation
that normally would have accompanied
the affair. Eyes turned to the empty chair
on the stage where Shari Smith would
have been seated. Investigators were
present, eyeing everyone for any sign of
unusual behavior.

With no further word from the kidnap-
per, fear mounted that Shari might not be
alive. Metts began an all-out search for
the victim. Planes with spotters made
sweeps over the area. Deputies formed
search groups to probe fields, ditches,
wooded areas and any place a corpse
might be concealed.

Deputies in boats searched nearby
Lake Murray. A helicopter, equipped
with infrared sensors capable of detect-
ing body heat from that of a surrounding
area, was brought in by the FBI from
Washington, D.C.

The stifling heat continued. Local res-
taurants donated sandwiches and cold
drinks that were sent out to the search
parties. An appliance store, sent out a
number of ice-making machines that
were connected to power lines in the

Every conceivable device was used by police to find Shari Smith and Debra Helmick.

From the air, Officer Ralph Pierson uses a monocular to .search the area for evidence.

' area. One store sent «

ing tobacco th
parched searc

The Wildli.e one
sent in officers with :
assist searchers on hx
as they covered fie|:
ever-widening circle

The search was ct
ness fell. Most of th
they would return in

Monday was a re|
with a larger cast. ¥
the county joined t!
tematic search of t!
been made on a m:
party assigned a spe

An ambulance \
tioned at the Smith |
tion and take Shari
event she was foun

The heat conti:
slacken the efforts «
for her.

Shortly after noo:
was delivered to th
in Shari’s handwrit
quested that the ¢
public, other than |
ten that she was ‘
for.

The letter had b
lumbia on Saturda
kidnapper and Sh:
the area.

‘*He must be hi
Metts reaso
vacant buil<

A new af
news media for res
neighborhoods fo:
eyed blonde gir!

Early Monday
called the Smith !

Coached in ad‘
on the line as lon
for something s;
was actually the }

a hoax, the cal
Shari’s given na
and gave othe:
were not public!)

No demand for:
kidnapper said hy
when the search |
He said he did no!
with the girl \
around.

The caller sta
enough for the ¢
been placed fron
on South Carolin
Landing on Lake
from the Smith |

Detectives afid

motivated. The
ealthy, but was in
income group.
time in getting an
He set up a
zarage adjoining
tap to record all
The telephone
hat he wanted a
lls to the Smith

to the State Law
SLED) with a re-
| their agents and

all law enforce-
: with a descrip-
the clothing she

arl’s boyfriend
yersons who had
the splash party
ted that nothing
¢. The pool had
y for the gradua-
n't seen any
end said he
ollowing her

ers.

When Shari Smith vanished after attending a pool
party, an extensive air, ground and water search
was launched. Roadblocks were erected, and evena
$25,000 reward was offered. But it was all to no avail,
until a caller told lawmen where to find Shari. Agents
rushed to the site, and pretty Shari was there all right—
she was dead in a grassy area, and clad in her bikini.

Police sketch (left) of suspect in the Smith case was also used in the search for Debra Helmick (right), who

vanished under conditions similar to that of Shari Smith. The girls’ resemblance to each other helped police in the probe.

when she drove away from the parking
area. Shari hadn’t mentioned being both-
ered by anyone, and there were no other
suitors.

Normally, in a kidnapping case, po-
lice intervention is kept quiet, and the
news, media is usually asked to make no
mention of it in the event they should
learn about it.

Sheriff Metts talked it over with Shar-
i’s parents. The urgency in locating her,
or in some way getting medication to
her, indicated that the best procedure
was to give out the information to the

news media and have them issue a plea to
the kidnapper, advising him of Shari’s ’
medical problem. .

Shari’s parents pleaded that he release
her quickly and they would meet any
ransom demand made after she was re-
leased or, in any event, they asked: to
make some'kind of notice where the med-
ication could be left.

Metts had tracking dogs brought to the
house. The dogs followed Shari’s scent
from the car to the mailbox. It was evi-
dent that she had been forced into a vehi-
cle at that point. The question remained

as to whether it had been someone who
had seen the very pretty blonde at the
pool party and followed her, or if she had
been a random victim spotted by some-
one as she stood by the mailbox.

Residents in the area were questioned.
No one was located who could recall
having seen any strange or suspicious
vehicles in the area prior to the abduc-
tion.

With the alert out for Shari, there was
little the investigators could do other
than continue to question friends of
Shari. There was always the possibility

Pront Page Detective 29

checks by in-
ne of the sight-

e kidnapper by
a question as to
n ceremonies
lay as planned.
chool officials

ceremony as
, were certain
vay, and that it
with the search

nies were held

the jubilation
¢ accompanied
the empty chair

Smith would
stigators were
for any sign of

ym the kidnap-
iri might not be
-out search for
spotters made
eputies formed

ds, ditches,

‘e a corpse

irched nearby
pter, equipped
able of detect-
! a surrognding
the FBI from

ied. Local res-
ches and cold
t to the search
re. sent out a
machines that
er lines in the

tka ba

bra Helmick.

‘ea for evidence.

area. One store sent out a case of chew-

ing tobacco that was quickly depleted by .

parched searchers.

The Wildlife and Marine Resources
sent in officers with off-road vehicles to
assist searchers on horseback and on foot
as they covered fields and woods in an
ever-widening circle around Red Bank.

The search was called off when dark-
ness fell. Most of the volunteers vowed
they would return in the morning.

Monday was a replay of Sunday, but
with a larger cast. Persons from all over
the county joined the officers in a sys-
tematic search of the area. A grid had
been made on a map with each search
party assigned a specific region to cover.

An ambulance with medics was sta-
tioned at the Smith home to rush medica-
tion and take Shari to a hospital in the
event she was found.

The heat continued, but it did not
slacken the efforts of the persons looking
for her.

Shortly after noon on Monday, a letter
was delivered to the Smith home. It was
in Shari’s handwriting. Sheriff Metts re-
quested that the contents not be made
public,.other than to say Shari had writ-
ten that she was alive and being cared
for.

The letter had been postmarked in Co-
lumbia on Saturday. That meant that the
kidnapper and Shari were somewhere in
the area.

‘*He must be holding her in a house,”’
Metts reasoned. ‘‘We’ve covered every
vacant building.”

A new appeal was issued through the
news media for residents to check in their
neighborhoods for any sign of a blue-
eyed blonde girl.

Early Monday evening, the kidnapper
called the Smith home.

Coached in advance to keep the caller
on the line as long as possible and to ask
for something specific to show that he
was actually the kidnapper and it wasn’t
a hoax, the caller said he knew that
Shari’s given name was Sharon Faye,
and gave other details about her that
were not publicly known.

No demand for ransom was made. The
kidnapper said he would release Shari
when the search parties were called off.
He said he did not want to risk being seen
with the girl with so many people
around.

The caller stayed on the line long
enough for the call to be traced. It had
been placed from a booth outside a store
on South Carolina Highway 6 near Jakes
Landing on Lake Murray, about 15 miles
from the Smith home.

Detectives and agents raced to the lo-

cation, while Sheriff Metts ordered road-

‘blocks of the area with instructions that

everyone was to be stopped and ques-
tioned and names, addresses, license and
make of vehicle recorded.

There was no one in the phone booth
by the time the officers arrived. Employ-
ees in the store were questioned while

technicians went over the booth for fin-.

gerprints,

No one in the store could recall having
seen anyone in the booth at the time the
call was placed. The clerks stated that

A handcuffed Larry Gene Bell is escorted to a preliminary hearing in which he

there had. been two men at the store

around the time the call had been made.
One was a clean shaven blond youth in
his mid-20s. The other was an older
man, heavyset with longish, balding
brown hair and a-bushy beard and mus-
tache.

They had also noted two-cars in the
parking area, but could not agree on the
makes or models. They were either a late
model Chevrolet Monte Carlo, a red
Volkswagon Jeta or a Pontiac Grand

(Continued on page 64)

pleaded not guilty to charges of first-degree kidnapping and aggravated murder.

Front Page Detective 31

DOUBLE-LENGTH FEATURE

‘What time do you want me to pick you
up?”’

‘Any time after seven-thirty,’’ Shari
answered.

Shari drove her Chevette out Platt
Spring Road to her parents’ home. She
pulled into the 70-yard driveway to the
house and stopped just inside the en-
trance. She got out to check the mailbox
that sat on a post at the side of the road.

Some time later, her father noticed the
parked car with the door on the driver’s
side open. There was no sign of Shari.
He waited for a few minutes and then
walked out to see what might be the
trouble.

The motor of the car was running.
Shari’s purse with her medication in it
lay on the seat. He looked along the road
and the open field and then hurried back
to the house. He called her name, but
Shari wasn’t there.

”

‘

This massive search party

28 Front Page Detective

He placed a call to the Lexington
County Sheriff’s Office in Columbia, re-
porting that Shari was missing and would
not have gone anywhere without her
medication. A deputy cruising in the area
was dispatched by radio to the house to
obtain further information.

It was strange. The car was easily visi-
ble from the house in the bright afternoon
sun. It seemed an unlikely time or place
for anyone to abduct a young woman, but
apparently that was what had happened.

The deputy put in a call to Sheriff
James R. Metts. **I don’t like the looks of
it,’” the deputy said, explaining the ur-
gency of locating the girl because of her
medical problem.

Metts, with Colonel Lester Reynolds,
Captain Bob Ford and several deputies,
hurried out to the house.

The question was whether someone
had kidnapped her for ransom, or if the

getting underway to find Shari Smith was made up entirely of local volunteers.

abduction was sexually motivated. The
Smith family was not wealthy, but was in
the upper-middle class income group.

Sheriff Metts lost no time in getting an
investigation underway. He set up a
command post in the garage adjoining
the house and ordered a tap to record all
incoming telephone calls. The telephone
company was notified that he wanted a
trace placed on all calls to the Smith
home.

Metts also put ina call to the State Law
Enforcement Division (SLED) with a re-
quest for assistance from their agents and
equipment.

An alert went out to all law enforce-
ment agencies in the area with a descrip-
tion of Shari Smith and the clothing she
had been wearing.

Deputies located Shari’s boyfriend
and a number of young persons who had
been at the pool where the splash party
had been held. All stated that nothing
unusual had taken place. The pool had
been reserved exclusively for the gradua-
tion class, and they hadn’t seen any
Strangers. Shari’s boyfriend said he
hadn't observed anyone following her

Police ske
vanished u

when she dro\
area. Shari had:
ered by anyon:
suitors.
Normally, in
lice interventio:
news media is
mention of it
learn about it
Sheriff Mett
i’s parents. The
or in some wi
her, indicated
was to give ou'®

Thursday, January 9, 1986 T/A, < fate
— P
=| 250 potent!

Notoriety of death pe

nalty case against Lexington man fore

More than 200
dents have been cal

Berkeley County resi-
led as potential jurors

31. Her body w
a wooded section 0
Bell was arrested after

as found six days later in torneys said earlier that Bell’s trial will
County, and last a minimum of two weeks and could

a month-long in- take as long as three

vestigation.
t on trial Nov. 11

in Saluda Myers has said he ma
dge ruled Bell’s defense attorney, Jack
trial publicity” had refused comment oa hi

County for the
that “pervasive pre

killing, but a ju

2% times

jurors usually ca for a term of court

rs to the point that Bell will face another tria

death penalty.

a | i¢ 4

jurors summoned for Bell case

og attorneys to draw larger pool

State Law Enfo
James E. “Skeete
not unusual to co
after an arrest is

“Like in any big
some holes we'd like
fill them, but we i
we get them and check

case, we $
to fill» We may ‘not

force, made up of SLED
s and Lexingtoo County io--

vestigators,

sath, and bus trial for the marder of Mist

for the jurors to read. Smith is fast approaching. the in-

vestigauve t2sk force that

aod defemse at Helmuck case x5 sull tracking owe

Ever since he was charged with killing Debra May and Shari Faye, Bell has been plotting to avoid
execution, said 11th Circuit Solicitor Donnie Myers, who prosecuted Bell.

He said Bell gave him a "thumbs up" sign when he asked Bell during a break in the hearing
whether he was faking a mental illness.

"He's given me his signs this morning that he's up to his same old crap," Myers said Tuesday. "If
this execution doesn't go forward, it's a travesty of justice."

John Allard covers state prisons and corrections issues. He can be reached at
771-8358 or by fax at 771-8430.

th. Sfot~ = frid git fb
Colum tee

Your Info Link From South Carolina's Newspaper

State Columbia
a

DITION Previous page nG

Sick or sane? Judge must decide if Bell can face
death oa

Friday, Sept. 27, 1996

By JOHN ALLARD, Staff Writer

Circuit Judge David Maring must decide whether Larry Gene Bell is a cunning killer who is
exaggerating mental-illness symptoms to try to avoid execution or a madman who can't
communicate with his lawyers and thinks he is Jesus Christ.

Psychiatric experts provided conflicting opinions about Bell during a mental-competency hearing
earlier this week. Bell is scheduled to be put to death in the electric chair at 1 a.m. Oct. 4.

This morningcgq, lawyers in the case will make final arguments about whether Bell is mentally
competent to be executed. Maring is expected to rule quickly.

Bell, a 47-year-old Gilbert electrician, received death sentences for the 1985 murders of Debra
Maycg Helmick, 9, and Shari Faye Smith, 17. He abducted them outside their homes, in Richland
County and Lexington County, respectively. | .

All eight psychiatrists and psychologists who testified during the three-day competency hearing in
Greenwood agreed Bell has a serious thought disorder, most frequently diagnosed as
schizophrenia. | ve |

But the experts disagreed about how Bell's disorder affects his mental state. Two court-appointed
experts said Bell is not competent to be executed.

A psychiatrist who testified on Bell's behalf said Bell has one of the most severe cases of
schizophrenia he has ever seen.

Dr. Harold Morgan, a Columbia psychiatrist, said Bell's mental disorder affects what and how he
thinks. "Mr. Bell is off the chart, really," Morgan said. “He's one of the sickest and most puzzling
patients I have ever seen."

But Dr. Everett Kuglar, a psychiatrist from Augusta, testified Bell has sometimes exaggerated
mental-illness symptoms in orderto gain an advantage. Kuglar once worked in Georgia's
psychiatric hospital for convicts.

"Men on Death-Row are masters of controlling their attorneys and experts in interviews," Kuglar
said. "He (Bell) can understand statements to him. The potential problem lies in how he processes
the information.

"Predictions in the mental health profession are still as much of an art as they are a science," ‘

Kuglar said. &

Bell chose to be strapped in the electric chair, which he calls the "true blue oak," because he
thinks it is a gateway to God. | | |

He believes he will be resurrected, like Jesus Christ after he was crucified, right after an N
executioner sends 2,000 volts of electricity into his body. He refers to his execution date as ~“
"Ascension Day" and says he will not sense any pain when he is put to death because he believes |

he is Jesus Christ. OX

Bell has created a ritual for the last six days before his execution.

He will fast, drinking only “holy water." He will not speak with anyone, including his attorneys.
When he is led to the electric chair, he thinks God will close his eyes and keep them closed until
he has been executed.

Bell describes legal proceedings in his case as "spiritual warfare" and calls his attorneys "legal
warriors."

He claims Debra May and Shari Faye are still alive and thinks they speak to him in his Death Row
cell. At one time, Bell called Debra May "Princess Feather" and Shari Faye "Pocohontas."

All of the psychiatric experts testified Bell experiences delusions and hallucinations, such as
receiving commands from God. They also said he often speaks in a rapid, rambling manner,
loosely associating words.

"He takes words and puts them together like you would make a salad," said Dr. Dafferlin
Barnard-Dupree, a court-appointed expert in the case.

Barnard-Dupree, a state Department of Mental Health psychiatrist, said Bell cannot rationally
communicate with his attorneys. Bell's delusion that he is Jesus Christ surfaces in all his

<S
NS
2
conversations, said Steven Shea, another court-appointed expert in the case. *
s

He testified it reflects the severity of Bell's thought disorder. "He believes he's Jesus Christ. I
don't think there's any more grandiose delusion than that," said Shea, a state Department of
Mental Health psychologist.

The psychiatric experts hired by the state said records from a state prison psychiatric hospital
show Bell sometimes exaggerated his mental illness symptoms.

Hospital employees determined Bell was faking some symptoms on each of the nine occasions he
was sent to the hospital after throwing feces and exhibiting other bizarre behavior on Death Row.

Bell told one psychiatrist that he viewed a stay at the hospital as a "vacation" from Death Row.
Other Death Row inmates have assaulted Bell because of his disruptive behavior, and one has
threatened to kill him.

Bell has been sent to the psychiatric hospital only once after being placed in protective custody.
He is kept in an isolated cell in a separate wing on Death Row.

* Money. —

1310

3) Venetian blind cord, removed
from the house, was used to bind his
feet once he had been forced into the
wooded area behind the house.

4) The strangulation was caused by
placing a stick in the tablecloth (pulled
down around his neck) and tightening
it in the fashion of a tourniquet.

5) A butcher knife was missing from
the victim’s home and there was‘a deep
cut above one of his ears consistent
with a blow from such a knife.

James Jeter was a key state’s witness.
His testimony may be abbreviated as fol-
lows: The defendant (Adams) rode a bi-
cycle into Jeter’s backyard where he was
raking leaves. Adams had a tire tool, a

gun and a pair of gloves in his posses- _

sion. Adams told Jeter he was going to
break into the house next door to steal
_After entering the house, Adams at-
tempted to solicit Jeter’s aid in removing

a safe he had allegedly found there. Jet.

Jeter spoke with Bryan jin Bryan’s
front yard when he returned home a few
minutes later. He did not warn Bryan
that Adams was inside because he was
afraid, — 23

__.A short time later, Jeter saw Adams
lead Bryan into the woods with some-

‘thing white tied around Bryan’s neck.

He appeared to be resisting Adams.
._ A search for Bryan was conducted by
Jeter’s father and Bryan’s father (A.C.

Mitchell) in the early evening. Jeter be-
came concerned about his friend and
asked Adams where he was. Adams told
him Bryan was tied up in an abandoned
house and he would be released when
Bryan’s parents gave him (Adams) some
money. He also told Jeter he had at-
tempted a ransom call but Bryan’s moth-
er had hung up on him before he could
tell her where to deliver the money.

Bryan’s body was found covered with
brush by rescue workers the following
day. The next day (two days after the

965 FEDERAL REPORTER, 2d SERIES

killing), Jeter told the police for the first
time that he knew about the incident.

A.C. Mitchell testified that on the eve-
ning of his son’s death, when he and a
neighbor were searching for Bryan with
the aid of Bryan’s small dog (which had
been found trapped inside the washing
machine of the boy’s home), Adams had
frightened them away from the area
where Bryan’s body was later found by
appearing with his pit bulldog allegedly

- to aid in the search.

State v. Adams, 279 S.C. at 230-31, 806
S.E.2d at 209-10.
II

_ Adams first asserts that the jury instruc-
tion defining reasonable doubt violated his

right to. due process by unconstitutionally

lowering the state’s burden of proof. _

~ The trial judge defined reasonable doubt

as follows: -

Now I do ‘not mean, ladies and gentle-
men, by the term reasonable doubt that
it is some whinisicai or imaginary doubt.
It is not a weak doubt, it is not a’slight
doubt. -It is a substantial doubt; a doubt
for which you can give a reason. ‘It is a
substantial doubt arising out of the testi-
mony or lack of testimony in the case for
which a person: honestly seeking to find
the truth can give a reason. _If you have
such a doubt in your mind as to whether
or not the State has.proven this. defen-
dant guilty,’ you should resolve that
doubt in his favor and write a verdict of
not guilty and acquit him.

* ®. ‘ * * s : *..

As I think I’ve indicated to you reason-
able—what reasonable doubt means: J]
would tell you that the two phrases rea-
sonable doubt and proof to a moral cer-
tainty are synonymous ‘and the legal
equivalent of each other. These phrases
connote, however, a degree of proof dis-
tinguished from an absolute certainty.
The reasonable doubt that the law gives
the accused is not a weak or a slight
doubt, but a serious or strong and well-

ADAMS v. AIKEN

Cite as 965 F.2d 1306 (4th Cir. 1992)

19. Kidnapping <1

South Carolina’s definition of kidnap-
ping, which described the offense as to
unlawfully seize, confine, inveigle, decoy,
kidnap, abduct or carry away any other
persons by any means whatsoever without
authority of law, was not unconstitutional-
ly vague on its face. U.S.C.A. Const.
Amend. 8; 8.C.Code 1976, § 16-3-20.

20. Homicide ¢=358(3)

Where one valid aggravating factor
supported death sentence and the jury did
not need to weigh it against mitigating
factors, death sentence need: not be set
aside simply because the jury also found
invalid aggravating factor.

21. Criminal Law €1037.1(2)

-“Prosecutorial remarks during sentenc-
ing phase of capital trial, which allegedly
suggested to jury that defendant’s mental
disabilities were aggravating, rather than
mitigating factors, were not plain error;
prosecutor pressed on the jury no specific
_conclusion concerning defendant’s mental
state. and did not explicitly urge jury to
treat defendant’s mentality as an aggravat-
ing circumstance,: and trial judge had in-
structed jury it could consider defendant’s
mentality to be a mitigating factor.
U.S.C.A. Const.Amend. 8.

David Isaac Bruck, Columbia, S8.C., ar-
gued, for petitioner-appellant.

Donald John Zelenka, Chief Deputy Atty.
Gen., Columbia, S.C., argued, for respon-
dent-appellee.

Before SPROUSE and WILKINS, Circuit
Judges, and BUTZNER, Senior Circuit
Judge.

OPINION
BUTZNER, Senior Circuit Judge:

Sylvester Lewis Adams appeals the deni-
al of his petition for writ of habeas corpus.
We affirm the district court’s judgment.

Adams was arrested and charged with
the kidnapping and murder of Bryan Cham-

bers, housebreaking, and armed robbery.
The armed robbery count was dismissed.
A jury convicted Adams of the other crimes
and sentenced him to death. The South
Carolina Supreme Court reversed and re-
manded for a new trial because of eviden-
tiary and procedural errors. State v.
Adams, 277 §.C. 115, 283 8.E.2d 582 (1981).

On remand, a second jury convicted
Adams and sentenced him to death. The
South Carolina Supreme Court affirmed
this conviction in State v. Adams, 279 S.C.
228, 306 S.E.2d 208, cert. denied, 464 US.
1028, 104 S.Ct. 558, 78 L.Ed.2d 780 (1988).
Adams sought and was denied postconvic-
tion relief in the state circuit court. The
South Carolina and United States Supreme
Courts denied certiorari. Adams v. Aiken,
476 U.S. 1109, 106 S.Ct. 1958, 90 L.Ed. 2d
366 (1986).

Adams filed a petition for writ of habeas
corpus in June, 1986, alleging numerous
errors in his trial. After an evidentiary
hearing on the issue of Adams’s mental
competency, the United States magistrate
recommended. denial of the petition. The
district court adopted the magistrate’s re-
port and recommendation, and this appeal
followed.

The Supreme Court of South Carolina
summarized the evidence as follows:
On October 17, 1979, at approximately
3:00 p.m., Bryan Chambers, a sixteen
_.year old with a slight learning disability,
was taken from his home and strangled
to death in a wooded area directly behind
the house. Shortly thereafter, Bryan’s
mother received a phone call. The only
words she could make out were “boy ...
place ... money....”
Bryan’s mother hung up on the caller not
knowing at that time that her son was
missing.
The evidence introduced at the trial relat-
ing to the abduction is as follows:

1) Forced entry into the house
through the rear door with the use of a
tire tool (or jack handle).

2) A piece of tablecloth was torn
from the dining room table and used to
hold a sock in the victim’s mouth.

ADAMS v. AIKEN 1311
Cite as 965 F.2d 1306 (4th Cir. 1992)

founded doubt as to the truth of the

charge.
JA 779-80, 790-91.
In Cage v. Louisiana, US. pail

S.Ct. 328, 112 L.Ed.2d 339 (1990), the Su-:

preme Court found that similar jury in-
structions violated the defendant’s due
process rights. » The instructions in Cage
stated that a reasonable doubt
must be such doubt as would give rise
to a: grave uncertainty, raised in your
mind by reasons of the unsatisfactory
character of the evidence or lack thereof.
A reasonable doubt is not a mere possi-

ble doubt. Jt is an actual substantial .

doubt. It isa doubt that a reasonable
man can seriously entertain. What is.
required is not an absolute or mathemati-
cal certainty, but a moral certainty....:
111 S.Ct. at.329 (citing State v.. Cage, 554
So.2d 39, 41 (La.1989)). (emphasis. supplied
by Supreme Court). The Court stated that
the words “substantial” and “grave,” :as
they are commonly understood, suggest
a higher degree of doubt than is required

‘for acquittal under the teasonable coum

‘standard:

When _ those stataroonts are then con-

sidered with the reference to “moral cer-
tainty,” rather than evidentiary certain-
ty, it becomes clear that a reasonable
juror could have interpreted the instruc-

tion to allow a finding of guilt based on a |
degree of proof below that required by’

the Due Process Clause.
111 S.Ct. at 329-30.

{1] Asin Cage, the South Carolina trial
court’s instructions equated “reasonable
doubt” with “moral certainty” and “sub-
stantial doubt.” Although not using the
words “grave uncertainty,” the trial court’s
instruction that the doubt be “serious or
strong and well-founded” conveyed the
same meaning. Tested by Cage, the trial
court’s instruction diluted the reasonable
doubt standard and allowed the jury to find
Adams guilty by a measure of proof that
failed to meet the requirements of the Due
Process Clause.

[2] Our conclusion that the jury instruc-
tions violated Adams’s due process rights,

however, does not require a new trial.
Rather, we must decide whether we can
retroactively apply the rule in Cage to
Adams.

Teague v. Lane, 489 US. 288, 305-10,
109 S.Ct. 1060, 1072-75, 103 L.Ed.2d 334
(1989), holds that new rules do not apply
retroactively to cases brought on collateral
review. Adams’s conviction was final in
1983 when the Supreme Court denied his
petition for certiorari. The Supreme Court
decided Cage in 1990. In order to deter-
mine whether Cage mandates that Adams
receive a new trial, we must therefore de-
cide whether it announces a new rule.

Teague stated that generally ‘‘a case an-
nounces a new rule when it breaks new
ground or imposes a new obligation on the
States or the Federal Government” or “if
the result was not dictated by precedent
existing at the time the defendant's convic-
tion became final.” 489 U.S. at 301, 109
8.Ct. at 1070. The Supreme Court elabo-
rated on this definition in Butler v. McKel-
lar, 494 U.S. 407, 110 S.Ct. 1212, 108
L.Ed. 2d 347 (1990), in which it explained
that even if a court stated the result of a
case was controlled by precedent, the case
still announced a new rule if the outcome
“was susceptible to debate among reason-
able minds.” 494 U.S. at 415, 110 S.Ct. at
1217: Another articulation of the test is
whether a state court considering a claim
at the time a conviction became final
“would have felt compelled by existing
precedent to conclude that the rule ... was
required by the Constitution.” Sa/ffle v.
Parks, 494 U.S. 484, 488, 110 S.Ct. 1257,
1260, 108 L.Ed.2d 415 (1990).

Adams argues that Cage did not artic-
ulate a new rule but simply applied the
principle announced in In re Winship, 397
U.S. 358, 90 S.Ct. 1068, 25 L.Kd.2d 368
(1970). He points out that Winship
stressed the vital role of the reasonable
doubt standard. See 397 U.S. at 363-64, 90
S.Ct. at 1072-73.

Nevertheless the conclusion that instruc-
tions such as those in Cage violate due
process was subject to debate. Eight years
after Winship, in Taylor v. Kentucky, 436
U.S. 478, 488, 98 S.Ct. 1930, 1936, 56

1312

L.Ed.2d 468 (1978), the Supreme Court re-
marked that courts have criticized jury in-
structions equating reasonable doubt with
substantial doubt, though such a jury in-
struction is “perhaps not in itself reversible
error.” In Miles v. United States, 103 U.S.
304, 312, 26 L.Ed. 481 (1881), the Court
observed: “Attempts to explain the term
‘reasonable doubt’ do not usually result in
making it any clearer to the minds of the
jury.” Also, the Court has cautioned that

misguided attempts to define the term

“seem to create confusion... .” Holland
v. United States, 348 US. 121, 140, 75
S.Ct. 127, 187, 99 L.Ed. 150 (1954). Al-
though we have criticized jury instructions
that attempt to clarify the plain meaning of
“reasonable doubt” by means of embellish-

ing adjectives, we have not reversed convic-

tions on this account. See e.g., Smith v.
Bordenkircher, 718 F.2d 1278, 1276-78
(4th Cir.1988); United States v, Moss, 156
F.2d 329, 338 (4th Cir.1985). Consequently,
we conclude that criticism of instructions
that diluted the standard of reasonable
doubt, without reversal for violation of the
Due Process Cleuse, demonstrates that
Cage announced a new rule.

A new rule nevertheless should apply in
habeas corpus proceedings if it meets one
of two exceptions. The first exception per-
tains to new rules that “place an entire
category of primary conduct beyond the
reach of the criminal law or new rules that
prohibit imposition of a certain type of pun-
ishment for a class of defendants because
of their status or offense.” Sawyer v,
Smith, 497 U.S. 227, 110 S.Ct. 2822, 2831,
111 L.Ed.2d 193 (1990) (citations omitted).
See also Teague, 489 U.S. at 311, 109 S.Ct.
at 1075; Penry v. Lynaugh, 492 U.S. 302,
329-30, 109 S.Ct. 2934, 2952-538, 106
L.Ed.2d 256 (1989). This exception is inap-
plicable to the facts in Adams. The rule
announced in Cage does not place a type of
conduct beyond the reach of criminal law
or a type of offender beyond punishment.

The second exception applies to a new
rule that “requires the observance of those
procedures that ... are implicit in the con-
cept of ordered liberty.” Teague, 489 U.S.
at 311, 109 S.Ct. at 1075 (citations omitted).
See also Butler, 494 U.S. at 416, 110 S.Ct.

ett ee,
*y

965 FEDERAL REPORTER, 2d SERIES

at 1218. This exception is limited to “those
new procedures without which the likeli-
hood of an accurate conviction is seriously
diminished.” Teague, 489 U.S. at 313, 109
S.Ct. at 1076. Stated differently, to fall
under the second exception a rule must
both improve the accuracy of trial and “al-
ter our understanding of the bedrock pro-

cedural elements essential to the fairness.

of a proceeding.” Sawyer, 110 S.Ct. at
2831 (citation and interior quotation marks
omitted).

It is quite evident that Cage’s rule elimi-
nates confusion and improves the accuracy
of a trial. But it does not “alter our under-
standing of the bedrock procedural ele-
ments essential to the fairness of a pro-
ceeding.” Sawyer, 110 S.Ct. at 2831 (cita-
tion and interior quotation marks omitted).
These elements remain the same. The bur-
den of proof is not changed. Cage does not
alter the elements; it criticizes their dilu-
tion. Our conclusion that Cage states a
rule that should not be applied _retroac-
tively is consistent with Skelton v, Whit-
ley, 950 F.2d 1087, 104445 (5th Cir.1992),
petition for cert. filed (US. March 30,
1992) (No. 91-7784):

III

Adams next argues that he was mentally
incompetent during a portion of his trial
and therefore his conviction violates due
process. In a related claim he asserts that
counsel was ineffective in failing to request
a redetermination of his competency when
his behavior indicated that he had dete-
riorated mentally. Adams argues that this
failure deprived him of the opportunity to
present mitigating evidence at the sentenc-
ing phase.

In December, 1979, and January, 1980,
shortly after Adams was indicted, Dr. Her-
bert D. Smith conducted a psychiatric eval-
uation of Adams at the State Hospital. He
concluded that although Adams suffered
from mild mental retardation and some par-
anoid trends, he was not mentally ill and
was competent to stand trial. Dr. Harold
C. Morgan, who evaluated Adams at the
request of defense counsel, later testified

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consider any of the testimony of the wit-
ness in reference to liquor transactions
against cither one of the defendants. If
appellants felt aggrieved, or that the ad-
monition of the judge had not cured the
error, then a motion for a mistrial should
have been made. It is, of course, ele-
mentary that unless a defendant puts in is-
sue his reputation, then it cannot be at-
tacked. And it has been held by this
court that the asking of questions’ by a
Solicitor, a quasi judicial officer, which has
the effect of attacking the reputation of a
defendant whose reputation has not been
put in issue, constitutes prejudicial error.
See State v. Bolin, 177 S.C. 57, 180 S.E.
809. But as pointed out above, when the
error was called to the attention of the
court, the trial judge did everything with-
in his power to correct same, and if coun-
sel for appellants felt that it amounted to
more than harmless error, they should not
have waited until a jury convicted their
clients, but should have then and there
moved for a mistrial.

Under the circumstances as disclosed by

“the record, the exception is overruled.

Exception 10 is without merit, and is
overruled. The trial judge clearly and
ably charged every phase of the law appli-
cable to the case.

Affirmed.

STABLER, C. J., BONHAM _ and
FISHBURNE, JJ., and A. L. GASTON,
A. A. J., concur.

( °o elyier NUMBE2 SYSTEM >

CITY OF SUMTER v. OWENS.
No. 14369.

Supreme Court of South Carolina.
Noy. 4, 1936.

{. Criminal law €=260(7)

Statutes, requiring appeals to circuit
court from inferior court to be docketed at
least eight days before court convenes, held
inapplicable to appeal from inferior court in
a criminal ease (Code 1952, $§ 794, 802, 954,
955, 1024 et seq., 7247, 7258).

2. Criminal law €=260(7)

Cireuit court held to have jurisdiction of
appeal from recorder’s court of criminal case

188 SOUTH BASTERN REPORTER

which was not filed with clerk of court eight
days before court convened, and which was
heard promptly after court convened (Code
1932, §§ 954, 955, 1024 et seq., 7247, 7258).

3. Criminal law C125

Statement of recorder that he was will-
ing for city and accused to voluntarily com-
promise case in which accused was charged
with petit larceny, if accused would pay city
fine of $15, held not to show prejudice or un-
fairness on part of recorder sufficient to re-
quire change of venue (Code 1932, §§ 274(19),
946).

4. Criminal law 308

An accused is presumed to be innocent
and is entitled to benefit of such presumption
until or unless jury finds to contrary beyond
reasonable doubt under the evidence.

————_>—_——

Appeal from Common Pleas Circuit
Court of Sumter County; G. B. Greene,
Judge.

Proceeding by the City of Sumter
against Daniel Owens. From an adverse
judgment, the defendant appeals.

Appeal dismissed and judgment af-
firmed.

L. D. Jennings, of Sumter, for appel-
lant.

Frank A. McLeod, Solicitor, and Shep-
ard K. Nash, both of Sumter, for respond-
ent.

A. L. GASTON, Acting Associate Jus-
tice.

This case originated in the recorder’s
court in the City of Sumter. The appel-
lant was twice tried in that court before
a jury on a warrant charging him with
petit larceny, and each trial resulted in a
mistrial. The recorder then fixed another
day for the trial of the case, whereupon
the appellant filed his affidavit for a change
of venue upon the ground that he could not
obtain a fair trial before the recorder,
for the reasons set out in the affidavit,
which will be referred to later. The re-
corder refused the motion for the change
of venue on the day which was set for the
trial, and on which the motion was made, to
wit, February 7, 1936. Notice and grounds
of appeal were served on the same day and
the recorder made his return to the circuit
court and filed the same with the clerk,
who placed the case on the sessions calen-

i a aa

CITY OF SUMTER y. OWENS S.C. 193
188 S.E.

dar forthwith. The court of general ses-
sions convened on February 10, 1936, three
days thereafter, when the appeal was heard
by Judge Greene, who, in a short order,
overruled all exceptions and dismissed the
appeal. The appellant at that time object-
cd to the hearing of the appeal on the
eround that the record had not been filed
vith the clerk of court eight days before
the court convened and also on the further
ground that the case had not been placed
on calendar 2 instead of on the general
sessions calendar. These objections were
overruled, and appellant’s attorney was or-
dered by the court to proceed with the ap-
peal which was done under protest.

[1] There are two questions now pre-
sented by the appeal to this court. It is
first contended that the presiding judge
erred in holding that he had jurisdiction to
hear the appeal for the reason that the rec-
ord had not been filed with the clerk of
court eight days before the court convened.
The appellant contends that under section
794 of the Code of 1932 all appeals shall be
to the circuit court from a magistrate’s
court, or any other inferior court, save the
probate court; and that under section 802
of the Code, at least eight days before the
court convenes “the party desiring to bring
on the appeal shall file the return and ac-
companying papers, if any, with the clerk,
nd the clerk shall thereupon enter the
cause on the calendar, according to the
date of the return.” The appellant con-
tends that these two sections apply to all
inferior courts and that the return and all
papers upon which the appeal is to be heard
shall be filed with the clerk at least eight
days before the circuit court convenes.
These two sections are a part of the Code
ef Civil Procedure and do not relate to an
appeal from’an inferior court in a criminal
case; therefore, have no application at
present to the issues now raised on this
appeal. Appeals in criminal cases from
maunicipal courts are regulated by chapter
“Y of the Code (section 952 et seq.). Sec-
- 934 of this chapter of the Code pro-
les that “any party shall have the right
¢ appeal from the sentence or judgment of
‘¢ recorder to the city council of the city,
er the Court of General Sessions of the
funty in which the trial is held: Pro-
vided, however, Notice of intention so to
la be given in writing and served on
i tecorder within twenty-four hours
“er sentence is passed or judgment ren-
ted, and the party appealing do enter
*"a bond, payable to such city, to appear
ISS S.E.—13

and defend such appeal at the next meet-
ing of the city council of such city, or the
next term of said Court of General Ses-
sions, as the appeal may be taken, in such
amount and with such sureties as the re-

corder may determine.”

[2] Under section 955 the recorder up-
on appeal shall make a return to the tribu-
nal to which the appeal is taken, and the
appeal shall be heard by the city council,
or presiding judge, as the case may be up-
on such return. If the appeal is taken to
the court of general sessions, said return
shall be filed with the clerk of the court of
general sessions of the county in which
the trial is had, and the cause shall be
docketed for trial in the same manner as
is now provided in cases of appeals from
magistrate’s courts. The law regulating
appeals in criminal cases from magistrate’s
courts to the court of general sessions is
found in chapter 64 of the Code of 1932
(section 1024 et seq.). Every person tried
before a magistrate for any offense what-
ever may appeal to the next term of the
court of general sessions for the county,
and shall within five days after sentence
serve notice and grounds of appeal, upon
the magistrate who tries the case and
within ten days thereafter the magistrate
shall file the notice and record in the office
of the clerk of court, who shall, upon re-
ceipt of said case, place the same upon the
proper docket of the court of general ses-
sions for trial or other disposition at the
next ensuing term of said court.

Nowhere does it appear that appeals in
criminal cases from a recorder’s court, or
other municipal court, or from the magis-
trate’s court, to the court of general ses-
sions, shall be docketed at least eight days
before the court convenes. The contrary is
manifest, and it is clear that a prompt and
speedy trial of criminal cases on appeal is
intended and required. The case on ap-
péal is to be disposed of at the next ensuing
term of said court and must be made to the
next term of the court of general sessions.
The notice and grounds of appeal from
the recorder’s court must be served within
24 hours after sentence is passed or judg-
ment rendered. The recorder is required to
make a return to the court of general ses-
sions without delay. The municipal courts
shall also have all powers, duties, and ju-
risdiction in criminal cases as are now
conferred by law upon the magistrates for
the county in which such municipal court is
established, except that such a municipal

ARDER, Sally, hanged Charleston, SC, on 10/19/1795

The crime of Sarah Arder who was executed at Charleston SC
in the year 1795

On Monday morning last a sailor belonging to the brig
HANNAH laying at Beale's Wharf was taken out of the dock
supposed at first to have been drowned. In the evening a
Coroner's Inquest was held on the body and marks of violence
were found. From the evidence of one Peggy Beach it appeared
that he had been murdered by a John Campbell and a woman who
is known by the appellation of 'Spanish Sall' who lived on
the said wharf, by a stab from the scissors of the latter
and repeated blows from a stick of the former. A number of
people soon assembled and demolished the house he occupted
during which he presented a loaded musket which he would
have fired had he not been prevented by the tnterposttion
of some citizens who were present and immediately secured
him. They were all committed to gaol until next court when
it ts hoped they will meet the fate they have so long and
justly deserved.

THE COLUMBIAN HERALD or THE NEW DAILY ADVERTISER 6-10-1795

Yesterday was executed pursuant to her sentence SARAH
ARDER, the woman commonly called 'Spantsh Sall', for the
murder of John Jewett. At the place of execution her be-
havior was decent but she persisted to the last in declaring
her tnnocence.

THE COLUMBIAN HERALD or THE NEW DAILY ADVERTISER 10-20-1795

Cat-And-Mouse Killer

(continued from page 47)

manpower and the use of their highly
respected forensic crime lab.

The family raced to the post office
and retrieved the letter. Written in
Shari’s distinctive handwriting, it was
titled, ‘‘Last Will and Testament.”’

‘*I love you,’’ she wrote her family.
‘Please don’t ever let this ruin your
lives and keep living one day at a time
for Jesus. Some good will come out
of this. I love you so damn much. Oops
sorry, I had to cuss for once.

‘*T know you will love me and will
miss me very much. But if y’all stick
together like we always did — y’all
can do it. Please do not become hard
or upset. Everything works out for the
good for those that love the Lord.”’

The letter, written on yellow-lined
paper, was turned over to SLED
criminalists for examination.

At 10:30 Tuesday morning, the
Smiths’ phone rang. It was the gruff
voiced man from the day before. They
kept him on the line while the call was
traced to a pay phone at a convenience
store on state Highway 6, across from
James Landing at Lake Murray,
10 miles from the Smith’s home.

Lawmen from four counties set up’

road blocks, stopping all motorists
driving away from the lake. SLED
agents dusted the phone for finger-
prints and interviewed customers and
employes of the store about who had
last been seen at the phone.

One witness said he saw a man get
into a red Volkswagon Jetta and drive
away from the pay phone about
20 minutes before police arrived. The
car slipped past the roadblocks but was
spotted by a helicopter and followed
almost to the Georgia state line before
the driver was pulled over. He was
questioned and later released.

The following morning there was
another call. Same voice, only this time
electronically altered. ‘You can find
Shari behind the Masonic Lodge,”’ the
caller said, and hung up.

Lexington and Saluda county
deputies sped to the lodge off High-
way 378 in Saluda County, about
16 miles from the Smiths’ home. A
helicopter beat them there and spotted
the body 50 feet from the back of the
lodge, about 10 feet into the woods.
It was not visible from the building or
its ground.

The victim was barefoot, clothed in

the bathing suit and terri cloth pullover
shirt Shari wore when abducted
Friday. The shirt was pulled over the
face like a shroud. The body was taken
to Newberry where the autopsy was
performed at 5 p.m. According to the
deputy coroner, the victim had been
dead for several days and might have
died the same day she was abducted.
Decomposition was too far advanced
to determine how she died, or if she
had been sexually molested.

Sheriff Metts informed the family
of the grim discovery. A personal
friend of the family, the sheriff showed
the strain of the ordeal at an afternoon
press conference. Wiping a tear from
his eye, he told newsmen, ‘‘I’ve been
in this business a long time, and this
is about the most trying time I’ve ever
seen.’’

The search for Shari’s killér inten-
sified. Investigators with the Lexington
and Saluda sheriff’s offices checked
out dozens of tips phoned in to the
switchboards, while SLED detectives
questioned sex offenders recently
paroled to the Midlands area.

The best lead, however, was the
mysterious caller. He seemed to enjoy
tormenting the Smith family and
playing cat and mouse with police. An
FBI psychological profile indicated the

TRAPPED
TROOPER

killer was a loner and a sociopath with
no true human feelings. He was likely
terrified of authority and being ‘‘found

- out’ and believed possibly that police

would try to kill him if caught.
The FBI psychologists said the best

. way to deal with that kind of personal-

ity was to assure the man that no harm
would come to him.

On June 7, Metts held a press
conference and implored the killer to
give himself up. ‘‘I want to reassure him
that we have no intentions of killing
anyone. All we want to do is take this
person into custody. ;

‘““We are concerned that this person
may take his own life if he doesn’t turn
himself in. We do not want him to do
that.”’

Not everyone felt that way. The
search for the missing girl had touched
the lives of everyone in the Midland
area. Over the weekend, drivers had
driven slowly by the Smith house and
asked deputies there, ‘‘Have they
found Shari yet?’’

After the body was found, a radio
personality asked listeners to don pink
ribbons or tie them to car antennas or
to mailboxes as a demonstration of
sympathy for the Smiths.

On June 8, one thousand persons
turned out for the funeral of the pretty
teenager whose premature, senseless
death had touched so many. Mingling
in the crowd were plainclothes
detectives, searching faces for one that
might be the killer’s. In the middle of
the service, a man jumped up and
yelled for the killer to give himself up.
He was calmed down and said later

‘that he was overcome by grief for the

family.

On June 14, a Crimestoppers
television spot on the Smith case was
filmed in hopes it would spur more
solid information about the kidnap-
ping. The same day, deputies in
neighboring Richland County began
investigating the abduction of 9-year-
old Debra May Helmick.

According to a witness, the pretty
little girl was playing with her three-
year-old brother in front of their
mobile home about 4 p.m. when a
man forced her into a car and drove
away.

The kidnapper was described as in
his early to mid 30s, 5-foot-7, 200
pounds, with dark hair and beard. He
was driving either a silver Pontiac
Grand Prix or Chevrolet Monte Carlo

(continued on next page)

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with a red racing stripe when he
entered the mobile home park where
Debra lived with her family. An all-
night search by Richland deputies
failed to turn up the car or the girl.

The similarities in the two abduc-
tions were striking. Both girls were
blonde haired and blue eyed, both
lived within 10 miles of each other,
and both were kidnapped from in
front of their homes at almost the
exact time of day.

A witness sketch showed another —

similarity: take away the beard and the
suspect in the Helmick abduction was
a carbon copy of the man reported
near Shari Smith’s home, when she
was abducted.

The sketch was released for publica-
tion June 15. Switchboards in both
counties lit up like Christmas trees.
“We got a lot of people seeing this
guy,” Sheriff Metts said. ‘‘Everybody
seems to know him. We are checking
them out but still don’t have any
concrete leads.”’

On June 22, Shari Smith’s family
received a phone. The electronically
altered voice was terrifyingly familiar.
“The body of the little girl everyone
is looking for is behind Gilbert High
School,’’ the voice said, before the
connection was broken.

Deputies followed the instructions
to a gravesite behind the high school
in rural Lexington County. There they
found the body of a little girl with
blonde hair. Her body was too badly
decomposed to identify visually, but
forensics later proved the victim was
Debra Helmick.

The news stunned a community
already reeling from one tragedy.
Children stayed indoors and women
did not venture out alone. One resident
described the fear as worse than
anything he experienced since the TET
offensive in Vietnam. Rumors flew so
fast and furious that authorities
promised to prosecute anyone pur-
posely spreading false rumors.

The funeral for Debra Helmick was
conducted on June 26. It was a replay
of the community sadness experienced
at the Shari Smith funeral. ‘‘When will
it end?’’ the minister asked.

Sheriff Metts could have answered
that with a single word: ‘‘Soon’’. The
log sheet showed almost 100 leads
phoned in and followed up on by his
investigators. But the one that finally
solved the slaying was, as he said later,
‘provided by Shari Smith. She solved
her own murder.”

The breakthrough was the ‘‘Last
Will and Testament”’ written in Shari’s
handwriting and picked up at the post
office June 3.

The sheriff had turned the docu-
ment over to the SLED crime lab where
it was examined by Agent Mickey
Dawson. Dawson determined the note
had been written on a legal pad sheet
that had lain under other sheets with
other messages on them.

Indentations on the paper included
a grocery list, the names of two pets,
and what appeared to be a 10-digit
number. One digit had been lightly
written, and another wasn’t clear
enough to tell, when the writing was
‘raised’? what the number was.

The number was turned over to
SLED agents who tried different
telephone number combinations.
They eventually reached a man in
Huntsville, Alabama, and asked him
if he knew anyone in Lexington
County area.

The man said sure, his dad had lived
there, and gave them the telephone
number and address of his home in
Saluda County. The address was less

than two miles from where Shari

Smith’s body was found.

The man in Huntsville said his dad
was on an extended vacation and
would be away for several months. In
his absence, the house was being
looked after by a ‘‘house sitter.””

The live-in caretaker was Larry
Gene Bell, 36. Bell came from a
respected family, who lived on Lake
Murray and whose brother was a
prominent attorney. A graduate of
Eau Claire High School, Larry Bell
had played on the high school baseball
team, and was popular with class-
mates.

“Larry was a good old boy who was
always helpful and friendly,’’ a
neighbor recalled later. ‘‘I’d go fishing
with him a lot and I trusted him. He
was that kind of fellow.”

In 1975, he was arrested by Rock
Hill police for trying to abduct a

woman at knifepoint. He was placed _

on five years probation and ordered
to get psychiatric help.

Bell kept two appointments with his
psychiatric counselor then stopped
going. A few months later he was
arrested again for the attempted
abduction of a coed near the Univer-
sity of South California campus. He
used an empty starter gun to force
the coed into his car, but she out-
smarted him by falling to the ground

and attracting attention.

Before his trial, he resumed psy-
chiatric treatment at South Carolina’s
Hall Institute, where he stayed for a
three month evaluation. ‘‘I am sick,”’
he said. ‘‘I need help.”’

The chief psychiatrist reached a
different conclusion. Bell was not
mentally ill, she said, byt was a
sociopath, with no conscience, no
sorrow and no remorse. She said he
faked mental illness so that some of
the charges against him would be
dropped.

Bell was a nuisance while under
observation. He prodded schizo-
phrenic patients into sexual advances
toward others, made obscene remarks
to nurses, and shouted graphically
about sexual organs and sex acts and
punched people.

Bell was sentenced to five years in
prison. He served 22 months and was
paroled. Within five weeks, he was
victimizing women again, this time by
telephone. The victims were a neighbor
and her 10-year-old daughter, with the
10-year-old being the intended victim.

Arrested five months later, Bell
pleaded guilty to making obscene
phone calls and placed on probation
with an order to get psychiatric help.
He didn’t, but his probation was not
revoked. Apparently, he was over-
looked in the shuffle, or nobody
thought Bell was a big enough problem
to send back to prison.

SLED detectives knew better. ‘‘This
is one dangerous son-of-a-bitch,”” one
said in disgust.

After his parole, Bell worked for an
airline in Columbus. He lost his job
and returned to Lexington County,
where he lived with his parents.

After being fired from the airlines
job, he worked as an electrician, a skill
he mastered as a teenager and put
behind him until nothing else was
available.

Detectives saw this as significant; the
person who made the calls to Shari
Smith’s home had electronically
altered his voice, indicating a sophis-
ticated knowledge of electronics.

The clincher was Bell’s booking
mugshot: it was a perfect match with
the sketch of the man wanted for Shari
Smith and Debra Helmick murders.

Lawmen kept Bell under surveil-
lance while the necessary arrest and
search warrants were obtained. At
7:30 p.m., he stopped at a roadblock

(continued on page 51)

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(continued from page 49)

set up on the road leaving Shull Island.

“*Yes, officers?’’ he asked.

He was pulled from the car, put in
handcuffs and taken to the Lexington
County Jail. ‘‘We’re hopeful this
arrest will put the minds of our
community at rest,’’ Sheriff Metts told
newsmen from across the state at a
press conference the next morning.
‘‘There is no doubt in our minds we
have arrested the right man.”’

Residents were relieved their
neighborhoods were once more safe
for their children. But beneath the
relief boiled rage at the man who had
taken two young lives and made them
live in fear. ‘‘I’d kill him,’’ said a
woman who waited outside the jail to
get a look at Bell. ‘‘He don’t deserve
atrial, and he don’t deserve to die fast.
He ought to be staked to a field and
let people do to him what he did to
Shari.”’

Tempers were so hot, the sheriff
ordered Bell removed the next day to
South Carolina’s Central Correctional
Institution in Columbia for ‘‘safe
keeping.”’

There he was placed on CCI’s Death
Row, the most secure cell block.

On August 9, a Saluda County
grand jury indicted Bell for kidnapping
and murder of Shari Smith. Bell
pleaded not guilty. Bell’s attorney Jack
Swerling asked that the trial be moved
to some place where potential jurors
hadn’t been bombarded with press
coverage.

Finding such a place, the defense
attorney conceded, would be difficult.
“I doubt there is a single county where
people haven’t read about this case or
seen it on TV.”’

The defense got its wish November
12, after a judge ruled it would he
impossible for the defendant to receive
a fair trial in Saluda County. ‘‘The
jury would be under enormous
pressure to send him to the electric
chair,’’ the judge noted, in granting
the change of venue.

The most famous trial in South
Carolina history was moved to Monk’s
Corner, a backwater county seat of
Berkeley County, where the pace of
life was as slow as the catfish clogged,
mud-green rivers that run through it.

Jurors were selected from a jury
pool of 250 persons — twice the
normal number. A request by the state

to return the trial to Saluda County,
with an imported Berkely County jury
sequestered for the duration was
denied, and the trial got under way
February 10, 1986. °

Jurors listened as SLED technicians
testified that fibers found on the body
had come from a rug in the house Bell
was living in when the kidnapping
occurred. Hair fibers found in the
house also matched samples taken
from the victim.

The most shocking evidence,
however, were the tapes themselves.
On the June 3 tapes, Bell led the
family to believe that their daughter
was still alive, and that ‘‘I am trying
everything possible to answer your
prayers.”’

But later, he told them, ‘‘Please,
please, please forgive me for this. It
just got out of hand.’’

He then taunted the family —
“twisting the knife in the wound, to
hurt by not killing,’’ according to a
local reporter.

With jurors absent, witnesses heard
Bell tell the victim’s sister on the tape,
“‘you’re next.”’

‘“OK, you know Shari wants you to
join her,”’ Bell said. ‘“This month, next
month, this year, next year. It’s just
a matter of time. You won’t be
protected all the time. You know
about the Helmick girl.’’

In many eyes, attorney Joe Swerling
had the worst job in South Carolina;
trying to save the neck of Lexington
County’s most notorious murderer.

After the tapes were played, he
argued vigorously that the crime was

_ so bizarre and sick that only a crazy

man could have committed it.

But Bell sabotaged the defense at
every turn. He leered at the victim’s
sister, and repeatedly asked her to
marry him. He also talked gibberish
on and off the witness stand; stood
and spoke out of turn; answered some
questions with nonsense; and other
with a phrase that came to be familiar:
‘*Silence is golden my friend.”’

Circuit Judge John Hamilton Smith
was not impressed with Bell’s out-
bursts. At one point he told him, ‘‘You
understand the question. Answer it.”’

Bell did, but continued to smirk,
leer, treating the trial like it was a joke.

Jurors didn’t find it funny. On
February 19, 1986, after final argu-
ments, they deliberated 12 minutes
before returning to the courtroom to
ask if a vote of anything less than the
death sentence meant Bell might be
paroled at some future date.

Told they could not consider
whether Bell might ever walk free, they
voted to send him to the electric chair.

A year later, on Thursday April 12,
1987, Bell was given an identical death
sentence by a Pickens County jury,
after being found guilty of the Debra
May Helmick murder.

A bemused smile spread across his
round face when the verdict was read,
but there was no telling what he
thought. When asked earlier by a
psychiatrist if he understood what a
jury verdict meant, he nodded. “‘It
means [| will marry and be the father
of arace of super prophets.”’ *

Shocking Case Of The Gay Cannibals

(continued from page 13)

anything. Perhaps the kids of his peer
group did.

To his own astonishment, there were
immediate results. A startling number
of Giovanni’s classmates thought that
he had been murdered by a pupil in
his final school year only five years
older than himself.

The boy’s name was Luigi Brescatti
and it was general knowledge in the
school that he was pretty attached to
Giovanni. He had invariably arranged
that they have lunch together and he
had waited for him. in the corridors
and outside the school after classes.

Giovanni, it seemed, had not

rejected the offers of friendship. He
had probably been flattered. Brescatti
was not only five years older and in
an upper class; he was also handsome,
athletic and came from a rich family.
‘“‘Which makes the stories that he’s
homosexual a little suspect,’’ said the
sergeant. ‘‘Some of the boys were
definitely jealous. They couldn’t see
what Brescatti found so attractive
about Catalano who was miserably
poor, lower working class and about
as athletic as their Aunt Martha.”’
“‘But is he or isn’t he?’’ said the

(continued on page 53)

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led trackers searched the area but
found no other clues or sign of the
girl.

‘““We are completely baffled,’’
admitted Sheriff Metts. ‘‘Nobody saw
anything. We have nothing. She simply
vanished.”’

Schoolmates and members of the
Lexington Baptist Church, where Shari

attended services, stood around her -

house and in the driveway waiting for
word on the case. Some appeared
shocked, others puzzled: what could
have happened to their good friend?

On Monday, Shari’s parents went
on television to plead for their
daughter’s safe return. A reward fund,
totaling $15,000 for information
leading to her whereabouts, was also
announced.

The same day, the Smiths received
a phone call. The voice was harsh and
remorseless. ‘‘I have your daughter,”’
the man said. He described the bathing
suit and terry cloth top she wore when
abducted. ‘‘That’s so you know this
isn’t a hoax.”’

The man didn’t say why he kid-
napped the girl or tell where she was.
He didn’t mention a ransom and didn’t
seem interested in one.

“The search party is looking in the
wrong place,’’ the caller said. ‘‘I want
you to have it called off.’’

He said Shari was okay and had
written a letter to them, which they
could pick up at the Lexington post
office.

The Smiths notified the sheriff who
ordered a recorder be placed in the
home to tape further conversations.
He also arranged to have all phone
calls to the Smith home traced. The
South California Law Enforcement
Division, a state-wide investigative
agency, entered the case, bringing

(continued on page 48)

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{

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ntence were
na Supreme
C. 391, 360
34 U.S. 1020,
> (1988). A
1 on Septem-
‘n for writ of
es Supreme
South Car-
Ct. 734, 98

n application
”) in South
ut held two
respondents
lication. On
rt dismissed
ber 9th the
to alter or
‘guments on
ying the mo-
32. Bell ap-
e South Car-
‘nied his re-
subsequently
‘certiorari in
iited States.
ed. Bell v.
~ 118 S.Ct.

ef, Bell initi-
tbeas corpus,
or relief de-
33, the State
mmary judg-
ts for relief
‘lief. In De-
nsions to re-
or summary
. In which he
pport of his

2ntiary hear-
abeas corpus
te judge de-

:nded applica-

id Recommen-
iw of both the
- trial and the
ial.

BELL v. EVATT 427

Cite as 72 F.3d 421 (4th Cir. 1995)

nied Bell’s motion in his Report and Recom-
mendation. The magistrate judge subse-
quently recommended granting the State’s
motion for Summary judgment. Bell filed

objections to the Report and Recommenda-
tion.

[1] Citing Townsend vy. Sain,* the United

States District Court for the District of -

South Carolina Supported the magistrate
judge’s denial of Bell’s motion for an eviden-
tiary hearing. The district court found that
Bell had simply reargued the Same issues
that he had made before the magistrate
judge, and it concluded that Bell’s objections
to the magistrate judge’s analysis of the

grounds upon which Bell claims relief were
meritless.

II.

[2] We turn first to Bell’s ineffective as-
Sistance of counsel claim. Bell contends that
he was denied his right to effective assistance
of counsel when, during the guilt phase of his
trial, his trial counsel conceded his guilt to
the kidnapping charge and pursued a verdict
of guilty but mentally ill (“GBMI”) for both
the murder and the kidnapping charge. Bell
argues that he was Prejudiced because his
trial counsel ignored Bell’s plea of not guilty.

[3] To prove that he was deprived of his
Sixth Amendment right to effective assis-
tance of counsel, Bell must show that (1) his
counsel’s performance fel] below an objective
Standard of reasonableness in light of the
prevailing professional norms, and (2) “there
is a reasonable probability that but for coun-

cant a full and fair fact hearing. Townsend v.

Sain, 372 US. 293, 313, 83 S.Ct. 743,: 757, 9
L.Ed.2d 770 (1963).

6. The State's case against Bell was devastating.
First, the State had Copies of the taped telephone

Sel’s unprofessional errors, the result of the
Proceeding would have been different.”
Strickland vy. Washington, 466 U.S. 668, 688
& 694, 104 S.ct. 2052, 2064-65 & 2068, 80
L.Ed.2d 674 (1984). We shall review the
reasonableness of tria] counsel’s performance
under the first prong of Strickland.

[4-6] This court defines effective assis-
tance of counsel as that which is “within the
range of competence demanded of attorneys
in criminal cases.” Marzullo v, Maryland,
961 F.2d 540, 543 (4th Cir.1977), cert. denied,
435 U.S. 1011, 98 S.Ct. 1885, 56 L.Ed.2d 394
(1978) (citing McMann v. Richardson, 397
US. 759, 770-71, 90 S.Ct. 1441, 1448-49 25
L.Ed.2d 763 (1970)). And when reviewing
counsel’s performance under Strickland, this
court must “indulge a Strong presumption
that counsel’s conduct falls within the wide
range of reasonable professional assistance.”
Strickland, 466 U.S. at 689, 104 S.Ct. at 2065.
To prevail, therefore, Bell “must overcome
the presumption that under the circum-
Stances, the challenged actions might be con-
Sidered sound trial] Strategy.” Jd.

According to the record, Bell’s retained
trial counsel—a well-known and experienced
defense attorney from South Carolina—spent
the seven months before tria] extensively
investigating the facts of the case and formu-
lating a trial Strategy. In light of the over-
whelming evidence against Bell, trial counsel

conversations Bell had with the Smith family, in
which he depicts sexually assaulting and sodom-
izing Shari and wrapping duct tape around her
head. Several witnesses identified Larry Bell as
the caller. Second, the Paper on which Shari
wrote her “Last Will and Testament” contained

Bell’s parents further solidified his involvement
in the crime. Fourth, a witness identified Bell as
the man she had seen near the Smith house
around the time of Shari’s abduction. Finally,

—

2 RRS wre

eaters ot

426

tails that would have been known to only
Shari or her kidnapper, the Smiths made
notes of the calls. Authorities eventually
traced and recorded all later calls. During
the first conversation, the abductor told
Shari’s family they would be receiving a let-
ter from Shari. State officials intercepted
her letter, entitled “Last Will and Testa-
ment,” from the mail. Apparently, her ab-
ductor had Shari draft it shortly before her
death. On June 5, 1985 the caller—later
identified as Bell—provided directions lead-
ing to Shari’s body. Unfortunately, by the
time Shari’s body was located, the patholo-
gist could not ascertain either the cause of
her death or whether or not she had been
sexually assaulted. The pathologist believed,
however, that Shari either suffocated or died
from dehydration (resulting from a rare form
of diabetes from which Shari suffered).

Following the discovery of Shari’s body,
Bell made harassing phone calls to the
Smiths for the next three weeks. During
these calls, Bell callously depicted how he
abducted Shari at gun point, raped and so-
domized her, wrapped her head in duct tape,
and suffocated her. He even malevolently
discussed Shari’s funeral arrangements with
Shari’s sister. In one call, Bell identified the
location of the body of ten-year-old Debra
May Helmick, a little girl he kidnapped ex-
actly two weeks after he kidnapped Shari."

Authorities finally arrested Bell on June
27, 1985. They tracked him down through
an anonymous tip? and by raising a tele-
phone number imprinted on the paper on
which Shari wrote her “Last Will & Testa-
ment.” Evidence later found in his parent’s
home and in the house where Bell was
housesitting confirmed Bell’s involvement in
Shari’s disappearance and murder.

In February 1986, Larry Gene Bell was
convicted of murdering and kidnapping
Shari. The jury recommended the death
sentence and the trial judge imposed the
sentence in accordance with the jury’s find-

1. Bell is currently serving a death sentence for
the kidnapping and murder of Debra Helmick;
however, Bell has not appealed that sentence in
this habeas action. ,

2. Police later identified Bell as one of the callers
whose tips led to his own arrest.

72 FEDERAL REPORTER, 3d SERIES

ings. Bell’s conviction and sentence were
affirmed by the South Carolina Supreme
Court. State v. Bell, 293 S.C. 391, 360
S.E.2d 706 (1987), cert. denied, 484 U.S. 1020,
108 S.Ct. 734, 98 L.Ed.2d 682 (1988). A
petition for rehearing was denied on Septem-
ber 15, 1987. Bell’s later petition for writ of
certiorari in the United States Supreme
Court was also denied. Bell v. South Car-
olina, 484 U.S. 1020, 108 S.Ct. 734, 98
L.Ed.2d 682 (1988).

On March 4, 1988, Bell filed an application
for post-conviction relief (“PCR”) in South
Carolina State Court.? The court held two
hearings on the matter after respondents
filed a return to Bell’s PCR application. On
August 22, 1991, the PCR court dismissed
the application, but on September 9th the
PCR court permitted a motion to alter or
amend judgment and heard arguments on
November 20th. The order denying the mo-
tion was issued January 18, 1992.- Bell ap-
pealed his PCR application to the South Car-
olina Supreme Court, which denied his re-
quest in November 1992. Bell subsequently
filed a second petition for writ of certiorari in
the Supreme Court of the United States.
This second petition was denied. Bell v.
South Carolina, —- US. —- 113 S.Ct.
1824, 123 L.Ed.2d 454 (1993).

Having exhausted all state relief, Bell initi-
ated this petition for a writ of habeas corpus,
citing the numerous grounds for relief de-
tailed below. In September 1993, the State
filed a return and motion for summary judg-
ment, contending Bell’s requests for relief
did not entitle him to habeas relief. In De-
cember 1993, following two extensions to re-
spond to the State’s motion for summary
judgment, Bell filed his response, in which he
argued additional details in support of his
many claims.'

Bell filed a motion for an evidentiary hear-
ing on his petition for writ of habeas corpus
on May 25, 1994. The magistrate judge de-

3. Bell subsequently filed two amended applica-
tions for post-conviction relief.

4. The Magistrate Judge’s Report and Recommen-
dation contains a detailed account of both the
evidence introduced during Bell’s trial and the
circumstances surrounding the trial.

REO O cauke 25, ; me
aes 6 Sie rea Seiten SESE

See
feiss

eS
erecer

RRR eee ee:

6. The State’s ca;

nied Bell’s motic
mendation. Th
quently recomm
motion for sum
objections to th:
tion.

{1} Citing Tc
States District
South Carolina
judge’s denial of
tiary hearing. °
Bell had simply
that he had m
judge, and it cor
to the magistré
grounds upon w
meritless.

{2] We turn
sistance of coun:
he was denied hi
of counsel when,
trial, his trial ec
the kidnapping
of guilty but me
the murder and
argues that he

trial counsel ign |

{3] To prove
Sixth Amendme
tance of counsel
counsel’s perfor
standard of rea
prevailing profe:
is a reasonable }

5. A federal coun
ing to a habeas

circumstances: |
dispute were nc|
(2) the state co:
not fairly suppor |
the fact-finding ||
court was not a_
hearing; (4) thei!
newly discoverec
were not adequz |}
hearing; or (6) |
state trier of fac |
cant a full and | i
Sain, 372 U.S. |
L.Ed.2d 770 (16

—

First, the State |}.

h. Dur-
‘h I test-
State of
ntest the
itested a
2d identi-
Bell be-
for that
ie fact of
1en, they
+l for the

age from

rent (and °
otality of

remarks,

igh it was

ings, that

Bell mur-

argued:

liss Smith
exton and
have real-
1ith died.
t tape the
Or was it
out of his
s happen-
from the
‘you were
(Shari’s

dehydra-
» use your
k and find
it whether
t beyond a
micide....

idnapping,
lay the in-
of murder
conclusion
al counsel
the abun-
they had
Bell’s own
sel was ob-
he jury to
lition.

hat Bell was

BELL v. EVATT 429

Cite as 72 F.3d 421 (4th Cir. 1995)

[7] Bell fails to acknowledge that his trial
counsel confronted a difficult situation. The
State had overwhelming evidence of Bell’s
involvement in the kidnapping, and the
State’s theory of the case was that Bell con-
trived his mental illness for the sole purpose
of evading the death penalty and receiving a
lighter sentence: Bell even testified that
feigning mental illness was a common prac-
tice known to him, and that manipulating
doctors “can save a person from the electric
chair.” Additionally, Bell admitted on cross-
examination that he had previously fabricat-
ed stories of blackouts and visions simply to
avoid harsher penalties. Trial counsel’s
Strategy, to which Bell consented, was un-
doubtedly targeted toward saving Bell from a
death sentence. We emphasize, therefore,
that neither Bell nor any other aggrieved
defendant can manipulate this forum to con-
strue a reasonable, but ultimately unsuccess-
ful strategy in his favor. Standing alone,
unsuccessful trial tactics neither constitute
prejudice nor definitively prove ineffective
assistance of counsel.

[8] The Supreme Court has recognized
that strategies devised after extensively in-
vestigating the law and facts relevant to any
and all probable options are virtually unchal-
lengeable. Strickland, 466 U.S. at 690, 104
S.Ct. at 2065-66. A reviewing court may not
permit the benefit of hindsight to impact its
review. Id. at 689, 104 S.Ct. at 2065; see
Lockhant v. Fretwell, 506 U.S. 364, 113 S.Ct.
838, 122 L.Ed.2d 180 (1993). To succeed in
his ineffective assistance of counsel claim,
Bell must overcome the presumption that the
challenged action may be considered an ap-
propriate and necessary trial strategy under
the circumstances. Strickland, 466 U.S. at
689, 104 S.Ct. at 2065.

[9] We have previously distinguished
Statements that amount to mere tactical re-
treats from those that parlay a complete
Surrender. See Clozza v. Murray, 913 F.2d
1092, 1099 (4th Cir.1990). Some remarks of
complete concession may constitute ineffec-
tive assistance of counsel, but tactical re-
treats may be reasonable and necessary
within the context of the entire trial, particu-
larly when there is overwhelming evidence of
the defendant’s guilt. Jd. at 1099-1100.

Trial counsel’s remarks constituted tactical
retreats. Conceding Bell’s guilt on the kid-
napping charge did not preclude Bell from
maintaining his innocence on the murder
charge. Furthermore, a GBMI verdict
would have increased Bell’s chances of re-
ceiving a life sentence rather than a death
sentence. In light of the evidence against
Bell, trial counsel’s actions were realistic:
Bell’s alibi was flawed; Bell had been identi-
fied as the man who had repeatedly called
Shari’s family; the State had an abundance
of forensic evidence identifying Bell as the
perpetrator; and Bell made incriminating
Statements to the police after his arrest.

Given the situation at hand, the defense had
few alternatives.

Trial counsel urged the jury to reject the
State’s evidence and find his’ client GBMI
under South Carolina law. As the state PCR
judge recognized, trial counsel feared he

would lose credibility with the jurors at the’

trial’s sentencing phase if he tried to con-
vince them during the guilt phase that Bell
was innocent. In a federal habeas corpus
proceeding, we presume that the state court
findings are correct. 28 U.S.C. § 2254(d);
Sumner v. Mata, 449 US. 539, 101 S.Ct. 764,
66 L.Ed.2d 722 (1981); Roach v. Martin, 757
F.2d 1463 (4th Cir.1985).. Trial counsel’s
pursuit of a GBMI verdict conformed to a.
reasonable pattern of trial Strategy and advo-
cacy by one familiar with the intricacies of a
death penalty case and the impact psychiat-
ric testimony has on those cases. Because
this was a reasonable and consented to strat-
egy, there was not, in the total context of
Bell’s trial, deficient performance by counsel.

See Berry v. King, 765 F.2d 45] (5th Cir.

1985), cert. denied, 476 US. 1164, 106 S.Ct.

2290, 90 L.Ed.2d 731 (1986).

[10] We are not holding that a defen-
dant’s consent to trial Strategy in itself, viti-
ates all claims of ineffective assistance of
counsel. Rather, we recognize ‘consent as
probative of the reasonableness of the chosen
Strategy and of trial counsel’s performance.
We conclude that Bell has failed to rebut
Strickland ’s presumption that counsel’s con-
duct fell within the range of reasonable trial

st peas

tic th pina STATS in ag

nae ae ee

428

tent with Bell’s testimony and_ behavior.’
Furthermore, they feared that denying all
involvement in this heinous crime, given the
abundant evidence against him, would in-
flame the jury and incite it to render the
death sentence. They reasoned that pursu-
ing the lesser verdict of GBMI would dra-
matically reduce Bell’s chances of receiving a
death sentence.

It was important for the defense to retain
some credibility so that the jury would be
sympathetic to the defense witnesses testify-

ing that Bell deserved mercy. Thus, as the

state trial court expressly found the decision
to pursue a GBMI verdict was a strategic
one that Bell and his trial counsel “agreed
to”; it was made after consulting with other
lawyers, mental health experts, investigators,
and Bell’s family. All indications lead us to
conclude that the decision to concede his
guilt was a rational one, formulated after a
thorough examination of every viable option
and obstacle.

Bell alleges, however, that his trial coun-
sel’s concessions of guilt during closing argu-
ment prejudiced his case and violated his
right to plead not guilty. As one example of
how trial counsel’s concessions of guilt to the
kidnapping inferred guilt to both offenses,
Bell cites the following passage from his trial
counsel’s closing arguments:

Now, there has been a lot of talk here

about what the defense is going to say. I

will tell you what I am going to say. I am

going to do something that probably hasn’t
been done before, pretty novel way to ap-
proach your final argument when you are
representing your client, but I am not here
to insult your intelligence. I am not here
to make you think that [defense counsel] is
trying to blow smoke at you. I will tell
you right now that the State has proved
beyond a reasonable doubt that Larry
Gene Bell is guilty of kidnapping. That is
his lawyer talking to you. That is his
lawyer telling you what the State has
proved or not proved. We haven’t come in
here and tried to create any kind of illu-
sion. We haven’t come in here and tried
to create any evidence, blow smoke in your

7. Trial counsel felt that if Bell testified in his
loose dissociated way, the jury would conclude

72 FEDERAL REPORTER, 3d SERIES

face so that you don’t see the truth. Dur-
ing this trial think about how much I test-
ed the allegations made by the State of
South Carolina. Did we really contest the
guilt of the kidnapping? We contested a
witness’ identification, we contested identi-
fication of the car, because Mr. Bell be-
lieves that was not him. And for that
purpose we contested it. And the fact of
the matter is ladies and gentlemen, they
got the right guy, they got Mr. Bell for the
abduction... .

Bell’s excising this particular passage from
trial counsel’s entire closing argument (and
the entire trial) misrepresents the totality of
trial counsel’s defense. After these remarks,
trial counsel emphasized that, although it was
Bell’s voice on the telephone recordings, that
fact did not conclusively prove that Bell mur-
dered Shari. Bell’s trial counsel argued:

The tapes suggest that he gave Miss Smith
this awful alternative, but Dr. Sexton and
- the other witnesses for the state have real-
ly never proved how Miss Smith died.
Was Mr. Bell’s revelations on that tape the
result of what really happened? Or was it
the ravings of a lunatic who is out of his
mind, who didn’t know what was happen-
ing? I don’t know. Nobody from the
state knows either. That is why you were
given an alternative of whether [Shari’s
death] was by suffocation or dehydra-
tion.... And you will have to use your
good common sense and go back and find
out and determine and figure out whether
or not the state has proved guilt beyond a
reasonable doubt as to the homicide....

By conceding Bell’s guilt to the kidnapping,
trial counsel attempted to down-play the in-
ference that Bell was also guilty of murder
and, instead, tried to promote the conclusion
that Bell was mentally ill. Trial counsel
frequently reminded the jury of the abun-
dance of psychiatric testimony they had
heard and witnessed first-hand in Bell’s own
behavior during trial. Trial counsel was ob-
viously attempting to persuade the jury to
pity a man in Bell’s mental condition.

from their first-hand observations that Bell was
mentally ill.

{7] Bell fails to acknow

“a. counsel confronted a diffic

: State had overwhelming

me involvement in the kidr

State’s theory of the case
trived his mental illness fo
of evading the death penal

lighter sentence. Bell e
feigning mental illness wa

tice known to him, and

@ doctors “can save a persor

chair.” Additionally, Bell

% examination that he had p

ed stories of blackouts anc
avoid harsher penalties.

%. strategy, to which Bell c

- doubtedly targeted toward

death sentence. We em}

that neither Bell nor am
_ defendant can manipulate

strue a reasonable, but ult

a ful strategy in his favor.

unsuccessful trial tactics
prejudice nor definitively

= - assistance of counsel.

[8] The Supreme Cou

“that strategies devised af

vestigating the law and fa
and all probable options ar

FA lengeable. Strickland, 46

S.Ct. at 2065-66. A reviev
permit the benefit of hind:
review. Id. at 689, 104 £
Lockhart v. Fretwell, 506 |
838, 122 L.Ed.2d 180 (199
his ineffective assistance
Bell must overcome the pri
challenged action may be
propriate and necessary tr
the circumstances. Strick
689, 104 S.Ct. at 2065.

[9] We have previou
Statements that amount tc
treats from those that ry
Surrender. See Clozza v.
1092, 1099 (4th Cir.1990).
complete concession may
tive assistance of counse]
treats may be reasonab
within the context of the e:
larly when there is overwh
the defendant’s guilt. /d.

Chacleston Daly Courier 7/13 [72 [+f

vee See g

. = aD ee See erie On, Aart mp “WO Dave no desira to defend the’. killing. of the | th
5, both bound start ee timorous hare in ney sylvan glade, OF. Dabin students. who violated, the grave ofa Span. | 9)

the inost-earnest denunciation ‘of their ¢ unishe | a:
sat were “then girampe: i ‘ fis Pape es PSE] want ‘should ‘come . na yring fe

/ “ts |

fro

44 : mj dontnals whi
ofare; the fire. ‘eae “Ohare, O near sas fa faa date 3 oo Got of OUPOWn ree WAY Mah ie ret forthe SbrDR - h:
: her, clearer; fatthar going: } al} fons of few in with thoge aua-
; 1 gimmonod | | aE hr, from olitraga gare. tes ‘pooled of -dislopaity wm. tee Hi arbitrary apa ; os
eae: Beeet OudiRaland faintly blowitig t's) <2) Betgonti:: b ofuintried eltidene In Federal bag se, I
: “and: action, ! “At length - We” exchange salutations. with’ our |, bat even the Iynohing of agm mpathizers. with » at
if the-irrégu- friends/who : approao /at's gallop. ° Among these i le » Hear ase by. Ba 8 Leste ournala ou the thé
in & houss, fare well mounted and thorough -Sportemen, ele- Bought, to betray. tha: ejure: government, and %
48, DuMerous gant and darin, g.ridors who can ‘witch tho world | death would hava bee: sec tied tase Onton' sh ale
abship?*-whg {oan take % toyr ‘forithe rebel: who: ‘déaécry

3 folks play with noble hors
ee 6. t
‘instance a8 Foil “ditoh and ‘Wank sstido at fyll epoed through | friglisus ay Ler neti bol

nirt sleaves,” thick woods Heed with the wild vine and din - | li
| custom for penetrabje: to any losg: expert and.) 'Yolititesomo fs
cr Eve, go to than: they; OF perform other feata required by. the
7, and attor | asigenpiog of the chase and the, nature: of tha
ich they car- | round, which would teat'the ekill ‘a 1d cottrage of fo 3 i
“iéd, it with: ‘ 6 iadat reckleag ridera of Honea’ or. the: a ” Rota Tours TELE] MURDERS, We: Jean ftom *
a :

ay be reming-
lrg in eet cue i 5

= oh [I aa om

‘otmany and!) | bavic ohivaley teal ‘rifol a8 eurigy 9 | the Columbis Trion of mech that Moxnox H,.
mary,/at thes: thé: asyatiy,, iS shir tee Patan “nye ae A if 7 Asnsion® ‘8 etlppiéa? > white § many unable to make. 3
ristmas Evé'|! 1H “The dogs of the respective Havtfeg: frnfernigh | for: oy physical. defence, ‘on; | Duesday oysnings last “ih
3, and there: Yh “moat: part; othors.- with: bristles raised a and [eft the > poor hoyse, of ‘which bela the Kooper, diss. Be

hee rk rie ingly in’ greats rage, a6 if’ thord ” tras somo | taiitiabout two nites “Nott ot Leilog gton oe
rises “li 6 & Vs a

korriblé cadse of quarr él, assault ther now comers; | for the purpdadst Vidi ting tHe Villagd 6 on by

| 2 andthe lash has ‘a ba applied to Gaiot them: tvo | and Appears to haye tHineapted whet ho
ehited i Boch the'c cover of low ‘forzé‘and Wicket fresh with early inthe: ‘eveding” an a taper tor
- breakfas , (dew, nearto-a farm | hopse;: the: pack'ia. pit in and hody. Wea. bodn."aftor, found’ by. 80
“plam'pér/| the hunt begina,, , After a tow desultory: openingg | celored People, dying: in: ‘the toad’ stat rl ro ee F
3 head was on old ‘trails, and soyeral false alarms from IneX-. the villages" he r a out teou, Me Greek, a ahas aphi .
inutralsyé,” Perienoe’ pups (brought out t6 take'thioir 4 first lea. | in. the head's and
d..eolem pi, '80n) an old dog opens upon akeoner scent and all |’
ced in, the'| pay -heod: tu: the: ‘familiar voigs: mulch geo
ul ears-and ray. Ae He dg, a. high... bred ‘hound |''
of the dishi: with a horéditary’ ‘etduiichness, ‘and, dy earli¢r
o1 that was. [days

‘Ahh

uhe;,had:, followed: the track:of'a- wonndod |
ght in. the: deer sixty’ niles’ s away into'a” remote’ ‘dietrtot; hiay-
Cree: Aog.smam & wide Fiver, (the: Santee) in:hes course,
Show, with fedatidant’é ears ands aldelo ng «

jbattered and britsed in imany 9 family broil, or
|| ter more'hotiorable séars, ho 18? stil the le

h j in’ si “i 4
tae that the o-murdéred maf f
“Hatinoit ‘tad drawn a etim of
ve chins Cot giana g fon
Blso Known at -Blaok .

1 PhaPheniz ag i
qateesten may be 3

Chaclestm Darly Courier

(a[as [71 Supplement (14

3 hope this paragraph will reach the

of those parents whose children frequent
Broad-street promenade, where a delicate
| was recent'y sabjacted to treatment which
unted the ect af the insolent nurse and
severe panishment,

ig McLaucuum Casgz.—Another attempt
nade to effect tha release of Commissioner
\AUGHLIN, yesterday, by writ of Jiabeas
us, but it did not succeed, as Judge Gra-
refused to act in the matter, alleging that
ad no power to enforce any order that he

it make, as the Sheriff preferred obeying |.

nandate of the Crimin, instead of the Oir-
Court.
he aa to advise with him in
natter.
licitor Whipper took possession of the
‘nal papers bearing on the caso yesterday,
og that he intended leaving for Columbia,
ight, to restrain Jadge Grauam taking
ier action in the case, —

zo1aL Noticr.—Attention is invited to
‘all and complete lines of Ladies’, Gen
Ohildren’s Lisle and Silk Gloves, ite
solored Parasols, in every variety, Hosiery,
te Goods, Table Damask, Linens, Domes-

Glove Fitting Corsets, &c., now being
ad by J. KR. Reap & Co. t

-PLOSION AND Loss oF Lirs.—By the arrival
e steamer Pilot Biy yesterday, intelligence
-eceived of a disaster at the River and Ma-
Phosphate Works, situated on Bull River.
,out four o ‘clook on the aftérnoon of Thurs-
‘he boiler of the wash boat exploded, mak-
, perfect wreck of the boat. |
solored woman, named Lydia Atkins, whose
ier lives at No. 3 South Bay, opposite
30-street, was blown into the river, and pos-
> into atoms, aS she could not be found
ral of the hands of the boat were badly,
gh not fatally scalded. No! white person:
injured. i
18 cause of the explosion is unkndwil: the
ir: was almost new, having been made last
These are all the particulars that could
sarned - yesterday ‘afternoon,. and for.them
ire indebted to Mr. BR. Tomutnson, whose
‘mation was ioonhes: in letters received
| parties on the spot. 4 N Pa
is a great wonder that the loss of life’ was
greater and: the: injury more extended to
ons in the italy, | Bs there. was a number
a

nd, A

f« iw { er
SUGHIFOL, ‘Buvznaon—-There. is ry bores

ase) ‘ereiiiye dard

Judge Grauam has telegraphed

made agent for the sale of the above pencu.

It claims superiority over indellible inks for the
following reasons: It dces not waste by evapo-
ration; it docs not soil'the garments or the
hands; it does not injure the fabric; it is ready
for use at any time, like an ordinary lead pencil;

it is not affected by changes in climate or tem-
perature, but will retain its virtues for years;
and is in all respects more convenignt and eco-
nomical,

—

Tue Georgia Parss.—Patrick Watsa, Esq.,
, ofthe Augusta Chronicle & Sentinel, was in the
city, and paid us a visit yesterday.

RESUMPTION OF THE Practice oF Law.—W.
f James Waaxry, Esq., having resumed the prac-
tice of the law, may be found at No. 39 Broad-
stroet, at Messrs. Cursoua & WaHatey, of which
firm ho is the junior member.

STEAMER FaLcon. —Passengers going by this

- steamer need not go aboard until half-past nine
clock P. M. ‘A

ComMUTATION OF SgnTENCES.—Jacob John-
gton and Solomon Norphet, colored, convicted
at the last term of the Court of General Sessions
for Lexington County, for the homicide of Mr.
M. H. Harmon, of said county, and senternced
to be hung on the 26th of August next, have
ha@ their sentences commuted by Governor
Scorrt, to imprisonment at hard labor for life in
the‘ South Carolina Penitentiary, upon the
recommendation of Judge MxziTon and many
citizens of the county.

——

ia pigs who have been disappointed and A
haps discouraged by having their orders care-
lessly and indifferently attended to, can now
remvidy the evil, by ordering from New York
direct, whatever that market affords in large or
sm] quantities as occasion requires, by ad-
dressing the New York Purchasing Bureau,
No. 704 {Broadway, N. Y. An Office opened
ander the auspices of prominent New York
merchants, and commanding the entire confi-
dence of.the ape Dealers and domes-
tic consumers, W I do well to send for explana-
tory circular. 0 A

Wonrr Exowno. ~You can - do all: ‘your
cooking at a small cost, and avoid heating the
house. in the summer, by using the Union
Kerosene Stove and 'Patént Baker, ‘Bold by J.
B Dovar & Son, No. 337 Hing-soeet - Tas at

Lard
ri ; ?

man, and only some dozen ba
legs politicians, who owe all t)
politics, scem disposed to be
of course, can carry nd one Wi
fessional politicisa is only pov
when ho goes with the people
lar wave. When he opposes,
nées and is powerless. | This :
ment, and the Democratic par
the current to help it along—
and with its great bis the trit
puoblicanism will be sorpiete.
| {From the C Iam 9 (S.

| THE NOMINATION oF GREE

The proceedings of the °
Convention have ‘oulminated

the Cincinnati nominees,

The issue is no|. made ur
Gravt. ‘To this, if bas come.
yet be made to briog other Ca
‘They will be vain efforts. T!
patrowed down. nat) the. ]
the country will | stand by
haye no donbt. it remains
Republicans to develop their
now respond to the action
and the result will bd viot
frujts.

Ip view of the views alread
journal we need not add that
Baltimore Convention haa ac

lifted itself above the plane re)
Seoraca a lofty patriotism.

ned with success, and tht
d to the cause of reform,
ciliation. |
‘(From the Columbia
We are more and mor con\
the occasion is ripe, and! that
beeh selected for the emerger
Gregley. At this time,
highly encouraging, and it Be
dict, with almost/ mathema!
are ley and Brown must rece
jorit y of the electoral vote.
on we may hope that the «
eased South, whose oandida
il be restored to her full

oa South Carolina be epeedi!
‘cursed carpet-bag imisrule, ¥

thug far.

Since the action of tho lBalt
may| be safely conteded| that
of mocratic votes 18 | cert
Brown. Afew hundred Que
Republican votcy will elegt th
every reasoc to believe that th
Middle and Northwestern |$
scarcely dcubt but! that |thos
publican backing to insure t)
New| Hampsbire and Conne
Repyblicaus whom it ig: be!
large Lumbers awaiting the is:
Convention before declaring {
declare their support and add
movement. .

[From the Montgomery (Al:

:We' are now for the pufpor

gat cer tbe. subsequent a mi!
ey’s election, Liberals
While there: is, no organized

ties at Baltimore, Mr. Gree.

‘both of the ee ap of |

ail Lientxrwa Fry-Kinure & csrediin an” &

the Cincinnati platform BUC

the pr |

of Grant's Adminiatrat on. b

candidate on. distinat and) dif.

licans... From present en.
‘may ) regarded as for one
| |{From the Wilming' (s

| Wel ist, to-day, i iq obedienc

C¥ 422 tt! Pd a

Metadata

Containers:: Box 35 (2-Documentation of Executions), Folder 9
Resource Type:: Document
Description:: Ronald R. Woomer executed on 1990-04-27 in South Carolina (SC)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 26, 2019

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