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The facts
of this case are set forth
in detail in the opinion of
the Supreme Court of North
Carolina on direct appeal.
See State v. Sexton ,
444 S.E.2d 879, 885-91 (N.C.
1994). Accordingly, we need
only summarize them briefly.
Kimberly
Crews (Crews) was a child
abuse counselor. Her office
was located in the Wake Area
Health Education Center,
which is part of the Wake
County Medical Center (WCMC)
in Raleigh, North Carolina.
Shortly
before 6:00 p.m. on August
8, 1990, Crews telephoned
her husband, Alan Crews, who
was at home with their
daughter. Crews asked her
husband if the family needed
anything from the store, and
he replied in the negative.
Crews then told her husband
that she had just finished
with her last client and was
on her way home.
Kaye
Johnson, a prenatal educator
at WCMC, telephoned her
husband at 5:45 p.m. on
August 8, 1990, and told him
that she needed to work one
more hour. However, when she
realized it was raining
heavily, Johnson decided to
leave and take her work home.
As she left WCMC, she walked
through several parking lots
to Parking Lot 4.
As she
approached her car, she
noticed an open umbrella in
good condition in front of
the car. The umbrella was
lying upside down with water
in it. When Johnson got into
her car, she looked at the
car's clock. It indicated
6:02 p.m.
Robert
McCoy, the supervisor of
WCMC's laundry, where Sexton
was employed, testified that
Sexton was at work when he
(McCoy) arrived at 2:00 p.m.
on August 8, 1990. At 3:30
p.m., when the laundry room
shift changed, Sexton was
missing.
McCoy
testified that the next time
he saw Sexton was after
everybody had punched out.
Sexton came running in
through the back ramp and
was soaking wet. Sexton said
to McCoy, "I got to go. I
got to go. I was out there
fixing my young lady's car
and that was the only thing
I was out there doing."
Sexton left, and his time
card indicated that he left
at 6:30 p.m.
By 8:00
p.m., Crews had not returned
home, and her husband began
to worry. Shortly thereafter,
her husband telephoned a
friend with whom his wife
often exercised. The friend
said that she and Crews had
planned to exercise but
changed their minds on
account of the stormy
weather.
Crews'
husband next telephoned 911
and was advised to call area
hospitals. Crews' husband
contacted three local
hospitals, but none had
admitted Crews. Crews'
husband again called 911.
An
officer of the Raleigh
Police Department arrived
and took a brief statement
from Crews' husband. The
officer was called away to a
robbery but soon returned.
The officer asked about
possible routes used by
Crews in driving home from
work and then left to begin
checking those routes. Later,
the officer returned and
informed Crews' husband that
his wife had not been found.
Shortly
after midnight, Ronnie
Holloway, a detective from
the Raleigh Police
Department, found Crews'
minivan on Galahad Street.
The minivan was 200 yards
from a WCMC parking deck. As
Holloway approached the
minivan, he shined his
flashlight into the minivan.
At this
point, he saw a nude body,
later identified as Crews,
in the backseat. According
to Holloway, Crews "was
lying on her back side and
her arms were down[,] the
left hanging toward to [sic]
the floor of the van and the
right one was laying [sic]
across her body and the legs
were spreaded [sic] open."
Several
pieces of physical evidence
tied Sexton to Crews' murder.
Johnny Leonard, latent
examiner for the City-County
Bureau of Identification,
testified that muddy
footprints found in the
minivan were made by
Sexton's shoes. One of
Sexton's footprints was
lifted from Crews' shoe,
which was recovered near the
front passenger seat. Scott
Worsham, a forensic chemist
for the State Bureau of
Investigation (SBI),
testified that head hair
consistent with Sexton's was
found on: (1) the carpet
around the driver's front
seat; (2) the carpet around
the passenger's front seat;
(3) the driver's seat
cushion and seat back; (4)
the minivan's middle seat;
(5) the minivan's headlining
above the backseat and over
Crews' head; and (6) Crews'
chest or shoulder.
Worsham
also testified that pubic
hair consistent with
Sexton's was found on the
rear seat underneath Crews,
in combings from Crews'
pubic area, and on Crews'
back. SBI Agent John Wayne
Bendure testified that
fibers from Sexton's shirt
and shorts were found on
Crews' dress, and in tapings
from Crews' shoulders, arms,
chest, back, abdomen, and
legs. Bendure also testified
that fibers from the seat
covers in the minivan were
also found on Sexton's
clothes.
SBI Agent
David Spittle testified that
swabs taken from Crews'
mouth showed the presence of
spermatozoa consistent with
Sexton's blood type and
inconsistent with Alan Crews'
blood type. Spittle also
testified that vaginal swabs
from Crews showed the
presence of Sexton's
spermatozoa, which was also
found on the seat under her
buttocks.
Crews'
autopsy, performed by Chief
Medical Examiner Dr. John
Butts, revealed that she
died as a result of ligature
strangulation, which
obstructs the flow of blood
to the brain. The autopsy
also revealed that Crews'
body was battered. Crews had
facial injuries, two burn-like
ligature marks on her neck,
two bruises on the back of
her left hand, a deep bruise
on one of her forearms, and
scrapes on both of her knees
and on her right elbow.
Crime
scene investigators found
Crews' keys, employee
parking lot entry card,
health club membership card,
and other personal items in
a water- filled ditch on Old
Bunch Road. Crews'
pocketbook, portfolio
containing books, and her
pantyhose were found beside
the same road. Nearby, crime
scene investigators
recovered Crews' umbrella
and her checkbook, which was
propped against a tree.
Sexton assisted the crime
scene investigators in
recovering many of these
items.
The state
also introduced evidence
that at 6:50 p.m. on the
evening of Crews' murder
someone withdrew $100 from
Crews' checking account by
way of an automatic teller
machine (ATM) at the Centura
Shopping Center on Poole
Road in Raleigh. The Centura
Shopping Center is
approximately two miles from
WCMC. Leon Turner testified
that he saw Sexton at the
Centura Shopping Center ATM
at 6:40 p.m.
The state
also introduced evidence
that at 7:30 p.m. there was
a withdrawal request for
$200.00 from Crews' savings
account. This request, made
from an ATM at the Triangle
East Shopping Center in
Zebulon, was denied because
it exceeded the daily
withdrawal limit.
In his
confession, which was played
to the jury, Sexton stated
that Crews saw him trying to
start his girlfriend's car
and offered to give him a
ride to the security office
at the front of the WCMC.
Sexton stated that he asked
Crews to drive him to
Galahad Street because his
cousin's car was there and
he could use his cousin's
jumper cables to start
Perry's car.
Sexton
also stated that he asked
Crews if she wanted to go to
the back of the minivan and
that, in response, Crews got
up and went to the back
without saying anything.
Sexton said he asked Crews
to take off her clothes and
she did so.
Sexton
stated that Crews changed
her mind about having sex
with him and that he wrapped
her pantyhose around her
neck and tightened them
because she was attempting
to scream and get out of the
minivan. Sexton further
stated that when he left the
minivan he thought Crews had
passed out and would later
wake up. Sexton also denied
having sex with Crews.
Sexton's
trial testimony was
consistent with his
confession, except that in
his trial testimony Sexton
admitted having sex with
Crews. Sexton testified the
encounter was consensual.
Sexton Execution Carried out Nov. 9, 2000.
Death row inmate Michael Earl Sexton was executed
Thursday Nov. 9, 2000 shortly after 2 a.m. at Central Prison in
Raleigh. Warden Robey Lee pronounced Sexton dead at 2:34 a.m. The
body was transported to Wake Medical Center.
Sexton, 34, was convicted Sept. 24, 1991 in Wake
County Superior Court for the murder of Kimberly Crews, a counselor
whose office was located at the Wake Area Health Education Center. A
request for clemency was denied by Governor Jim Hunt on Nov. 8,
2000.
Sexton requested a last meal consisting of a
Philly cheese steak sub and a Pepsi. He did not make a final
statement.
The execution was witnessed by four members of the
victim's family: Alan Crews, her husband; Clayton and Cleon Futrelle,
her parents and Randy Futrelle, her brother. Media witnesses were
Andrea Weigl of the News & Observer, Andrea Leatherman of the
Lincoln Times News and Estes Thompson of the Associated Press.
Members of Sexton's family did not wish to witness the execution.
Michael Sexton has been on death row since
September 1991 for the rape and murder Kimberly Crews, a social
worker at a pediatric clinic at Raliegh's Wake Medical Center, on
August 8, 1990.
Kimberly was kidnapped from the hospital parking
lot and taken in her mini-van to a wooded area of town where she was
raped and strangled. She was found dead in her van several hours
later. Sexton also worked at the hospital and had a previous assault
conviction.
North Carolina executed a death-row prisoner
early Thursday for the 1990 rape and murder of a Wake County
hospital counselor. Michael Earl Sexton, 34, was pronounced dead at
2:34 a.m. after receiving a lethal injection at Raleigh's Central
Prison, said Tracy Little, a spokeswoman for the state Department of
Correction.
Sexton died about 8 hours after Gov. Jim Hunt and
the U.S. Supreme Court rejected pleas from Sexton's lawyers to stop
his execution. Hunt said Wednesday evening that the evidence showed
that Sexton was guilty of the crimes.
The full Supreme Court rejected
two petitions for a stay of execution filed on Sexton's behalf.
There was no dissent.Hunt, who has granted executive clemency only
once in his 16 years as governor, met last week with prosecutors,
the victim's family, Sexton's attorney and death penalty opponents.
Sexton spent his last day visiting with half
brother David Sheppard and his godmother, Myrtle Sheppard, in the
death watch area at Central Prison in Raleigh. Crews' parents,
husband and brother asked to watch Sexton die."
Mr. Sexton acted with
premeditation in ending the life of a woman who had done nothing to
deserve her fate, and who had devoted her life to helping others in
need, especially children who had been abused and mistreated," Hunt
said. Hunt said his review of the case left him "absolutely certain
that there is no question here concerning the guilt of the convicted
individual, or of his mental capacity.
"Death penalty opponents said they were
disappointed with the governor's action because of a growing public
sentiment to halt executions while the fairness of the death penalty
is studied. A legislative study commission looking into capital
punishment already had asked Hunt to stop Sexton's execution."
Some of the most important political leaders in North Carolina urged Gov.
Hunt to not grant clemency, but simply delay this execution while
our state's lawmakers review the evident problems with the death
penalty," said Stephen Dear, executive director of People of Faith
Against the Death Penalty.
About 100 people protested Sexton's death outside
Central Prison early Thursday in a vigil leading up to the
execution.Dear said studies show a racial bias against blacks in
administration of the death penalty and the number of people on
death row.
Dear said Sexton had one black on his jury."There is
evidence of institutional racism and what Gov. Hunt is saying is I
don't care," Dear said. "The system is broken and it is not fair.
"Sexton becomes the 1st condemned inmate to be
put to death this year in North Carolina and the 16th overall since
the state resumed capital punishment in 1985. 2 more executions are
scheduled in the state this year.Sexton becomes the 74th condemned
inmate to be executed this year in the USA and the 672nd overall
since America resumed executions on January 17, 1977.
Summary of the Case of Michael Sexton - An Alert
from People of Faith Against the Death Penalty
Michael Sexton was executed 11/9/00
Twenty six hours after the November Election Day,
the people of North Carolina are scheduled to execute Michael Earl
Sexton, an African-American. Michael is scheduled for execution at 2
a.m., Thursday, November 9, 2000 at Central Prison in Raleigh.
It is
difficult to overstate how shocking, brazen and ruthless the timing
of this execution is. The powers that be in North Carolina have
withheld scheduling executions all year, throughout the election
campaign season (a time when the administration of the death penalty
is coming under increasing public criticism) and have now scheduled
an execution for within hours after voters walk out of the voting
booths in November.
Now is the time for the abolition movement and
those who support a moratorium on executions to show Attorney
General Mike Easley, the Democratic nominee for governor, and Gov.
Jim Hunt that they are ignoring a growing body of evidence that the
death penalty in North Carolina is awash with racial and class bias.
More and more North Carolinians are learning how deeply flawed our
death penalty system is. Condemned by a jury of 11 whites, Michael
Sexton's case is an example of such flaws.
In North Carolina, black defendants who kill
whites are three times as more likely to face execution, according
to a Charlotte Observer study (9/13/00). During the past decade, "just
40 percent of all murder victims in the Carolinas were white, but in
cases of inmates now on death row, nearly 70 percent of the murder
victims were white." The Observer concludes in an editorial that "minority
defendants start out with an intolerable and indefensible
disadvantage compared to white defendants" (9/13/00).
A N.C. Legislative Study Commission is studying
racial disparities in the application of the death penalty in North
Carolina. The Commission has heard extensive testimony about the use
of racial slurs and racial stereotypes by participants in capital
trials.
The Commission will likely issue a report by the end of the
year. In the face of the questions now being raised in the
legislature and in by the public about racial disparities in the
application of the death penalty, the timing of Michael Sexton's
execution date is shocking. Questions of Fairness and Racial Bias
Mandate Stay of Execution
Michael was 23 at the time of the crime, the
rape-murder of Kimberly Crews, a white social worker at Wake Medical
Center, in August 1990. The record in this case shows that racial
bias tainted this death penalty prosecution. In addition, Michael
Sexton's nightmarish childhood, as documented by juvenile social
services records, show that he cannot be among the "worst of the
worst" for which the death penalty is reserved.
Michael grew up a ward of Central Orphanage and
the Wake County Department of Social Services. His father died when
Michael was five. As a child, Michael was abused and abandoned by an
alcoholic mother and a series of his mother's violent boyfriends.
One of his mother's boyfriends sexually assaulted
Michael's younger sister, giving her syphillis at the age of nine.
Another boyfriend beat Michael with an iron poker. While trying to
escape the beating, Michael overturned a pot of boiling water and
scalded his leg.
When Michael was 14, his mother told the family
court that she did not want the children. Michael's sister and
brother were placed in foster homes and Michael was sent to training
school because DSS could not find a foster home for him.
A year later, Michael was admitted to Central
Orphanage. After DSS removed him from his mother's home, Michael did
not see his mother or his siblings for a number of years. A DSS
social worker recommended that Michael be placed in the Willie M
program but he was rejected because he was "not violent enough."
Less than a decade later, Michael committed the capital offense.
Michael was sentenced to death by a jury composed
of 11 whites and one African-American. The State exercised four
consecutive peremptory strikes to remove all but one of the African-Americans
called for jury service. Asked to give reasons for excluding such a
disproportionate number of African-American jurors, the prosecutor
stated that one juror did not maintain eye contact and "was not
forthcoming." The prosecutor objected to another juror because of "the
way he was dressed."
The prosecutor further noted that this juror wore
an earring and concluded that he was "not mature" despite the fact
that this juror was married, a father of two, and had lived at the
same address for a number of years. The prosecutor faulted a third
juror because she had poor eye contact. This juror had been a
witness to an accident that resulted in a lawsuit. Based on this
fact, the prosecutor excluded this juror because she was "litigious."
The prosecutor also expressed concern that
because the juror's husband worked at a hospital the juror would "identify"
with the defendant who also worked at a hospital. The victim worked
at a hospital too but the prosecutor did not explain why the juror
would identify with the defendant rather than the victim.