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Sammy Crystal
PERKINS
Classification: Murderer
Characteristics:
Rape
Number of victims: 1
Date of murder:
April 19,
1992
Date of arrest:
Same day
Date of birth:
October 1,
1953
Victim profile: Lashenna “Jo Jo” Moore
(female, 7)
Method of murder: Smothering with a pillow
Location: Pitt County, North Carolina, USA
Status:
Executed
by lethal injection in North Carolina on October 8,
2004
Summary:
On April 18, 1992 Perkins was living with his mother in Greenville,
and went to the home of a woman he had been dating. She lived in the
house with her two children and four grandchildren, one of whom was
7 year old JoJo Moore.
At approximately 3:00 am on April 19, Perkins entered the woman’s
bedroom, where she and her two grandchildren were sleeping. Perkins
watched a pornographic video and then tried to have sex with the
woman, who was surprised that he was in the room. She discovered a
large butcher knife under her pillow, and ordered Perkins out of the
house. The woman then went to sleep.
She awoke at around 9:00 am, and at approximately 11:30 am, while
the family was preparing to go to church for Easter services, the
woman discovered that JoJo was dead.
The evidence tended to show that sometime early that morning,
Perkins had mounted the victim, held a pillow over her face, and had
sex with her. The medical examiner determined that JoJo died of
suffocation and estimated that her mouth and nose were covered for a
period of between three to seven minutes before she became
unconscious.
At trial, Perkins testified that he had been drinking and smoking
crack cocaine. He stated that JoJo awoke while he was having sex
with her grandmother. He put a pillow over her face so that she
would not see them. He said that he administered CPR, which he
thought was successful in resuscitating her. He then went to the
kitchen for a beer, used a knife to open the can, and placed the
knife by the grandmother’s bed.
Perkins, who was in a wheelchair by the time of trial, explained
that he suffers from a debilitative muscular disease called
myasthenia gravis which precluded him from having sexual intercourse
in any position where he would have to support himself with his arms.
On cross examination Perkins admitted that he had a prior conviction
for attempted rape in 1981 and was released from prison in 1986. He
also had prior convictions for possession with intent to sell and
deliver heroin and cocaine in 1988 and 1989.
Citations:
State v. Perkins, 481 S.E.2d 25 (N.C. 1997) (Direct Appeal).
State v. Perkins, 545 S.E.2d 744 (N.C. 2000) (State Habeas).
Perkins v. Lee, 72 Fed. Appx. 4 (4th Cir. 2003) (Federal
Habeas).
Final Meal:
Two fried chicken breasts, two fried chicken wings, sweet potato
pie, a large order of French fries from McDonald's, a 20 ounce Coke
and a cup of ice.
Final Words:
"I would like to say I love my mother, all my brothers and sisters
and all my children. I'll see ya'll on the other side."
ClarkProsecutor.org
PERKINS, SAMMY
DOC Number: 0319156
DOB: 10/01/1953
RACE: BLACK
SEX: MALE
DATE OF CONVICTION: 07-27-88
COUNTY OF CONVICTION: PITT COUNTY
North Carolina Department of
Correction
Sammy Perkins - Chronology of Events
August 24, 2004 - Execution date reset for Sammy
Crystal Perkins
RALEIGH - Correction Secretary Theodis Beck has
set Oct. 8, 2004 as the execution date for inmate Sammy Crystal
Perkins. The execution is scheduled for 2:00 a.m. at Central Prison
in Raleigh.
On December 15, 1993, Perkins was sentenced to
death in Pitt County Superior Court for the April 18, 1992 murder of
7-year-old Lashenna “Jo Jo” Moore. His execution had been scheduled
for May 21, 2004 but was stayed by U.S. District Court Judge Terence
Boyle on May 10.
Central Prison Warden Marvin Polk will explain
the execution procedures during a media tour scheduled for Monday,
Oct. 4 at 10:00 a.m. Interested media representatives should arrive
at Central Prison’s visitor center promptly at 10:00 a.m. on the
tour date. The session will last approximately one hour.
The media tour will be the only opportunity to
photograph the execution chamber and deathwatch area before the
execution. Journalists who plan to attend the tour should contact
the Department of Correction Public Affairs Office at (919) 716-3700
by 5:00 p.m. on Friday, Oct. 1.
5/10/2004 - U.S. District Judge Terrence Boyle
issues a stay of execution.
4/7/2004 - Correction Secretary Theodis Beck sets
an execution date of May 21, 2004 for Sammy Perkins.
12/15/1993 - Sammy Perkins sentenced to death in
Pitt County Superior Court for the murder of 7-year-old Lashenna "JoJo"
Moore.
ProDeathPenalty.com
The state set an Oct. 8 execution date for Sammy
Perkins. Perkins was convicted of killing 7-year-old Lashenna Moore.
Perkins was dating the little girl's grandmother. Authorities say
Perkins raped and killed Moore in the grandmother's home in 1992.
Perkins was scheduled to die by lethal injection earlier this year,
but a U.S. District Court Judge stayed the execution because of a
legal challenge.
On December 15, 1993, Perkins was sentenced to
death in Pitt County Superior Court for the April 18, 1992 murder of
7-year-old Lashenna “Jo Jo” Moore, who died April 19, 1992. Perkins,
who was sentenced to death Dec. 15, 1993, was convicted of raping
JoJo, then smothering her with a pillow in her bed in a Greenville
public housing project. Her school picture showed a pretty girl with
pigtails and a gap-toothed smile. Her teacher said she was a child
with a great laugh, the kind you wanted to take home.
On April 18, 1992 Perkins was living with his
mother in Greenville. After visiting with his family and drinking
several beers, Perkins went to the home of a woman he had been
dating for two months and had known for ten or eleven years. She
lived in the house with her two children and four grandchildren, one
of whom was JoJo. The woman shared a room with two of her
grandchildren, a three-year-old boy and JoJo, who slept together on
a daybed. After leaving the woman's home for a short time, Perkins
returned and drank more beer and smoked crack cocaine.
At approximately 3:00 am on April 19, Perkins
entered the woman’s bedroom, where she and her two grandchildren
were sleeping. Perkins watched a pornographic video and then tried
to have sex with the woman, who was surprised that he was in the
room. She discovered a large butcher knife under her pillow, and
Perkins explained that he had used it to open a can of beer. She
ordered Perkins out of the house. As she walked him to the door, the
young boy rose from his bed and claimed that Perkins had bitten his
finger.
After Perkins left, he called the woman twice to insist that
he had not bitten the boy. The woman then went to sleep; when she
awoke at around 9:00 am, she observed that the boy’s finger was
swollen. At approximately 11:30 am, while the family was preparing
to go to church for Easter services, the woman discovered that JoJo
was dead.
The evidence tended to show that sometime early that
morning, Perkins had mounted the victim, held a pillow over her face,
and had sex with her. The medical examiner determined that JoJo died
of suffocation and estimated that her mouth and nose were covered
for a period of between three to seven minutes before she became
unconscious.
Perkins testified that on the night and morning
in question, he had been drinking and smoking crack cocaine. He
stated that JoJo awoke while he was having sex with her grandmother.
He put a pillow over her face so that she would not see them. He
said that he administered CPR, which he thought was successful in
resuscitating her. He then went to the kitchen for a beer, used a
knife to open the can, and placed the knife by the grandmother’s bed.
Sometime in the morning, he took the boy to the bathroom. The boy
stuck his finger in Perkins’s mouth, and Perkins bit it. He said the
woman threw him out of the house after discovering the knife and the
biting incident. Perkins, who was in a wheelchair by the time of
trial, explained that he suffers from a debilitative muscular
disease called myasthenia gravis which precluded him from having
sexual intercourse in any position where he would have to support
himself with his arms.
On cross examination Perkins admitted that he
had a prior conviction for attempted rape in 1981 and was released
from prison in 1986. He also had prior convictions for possession
with intent to sell and deliver heroin and cocaine in 1988 and 1989.
In May of 2004, a federal judge has ordered a
halt to plans to execute Perkins while the U.S. Supreme Court
considered a case that challenged the constitutionality of lethal
injection for some inmates. Another inmate contended that his
collapsed veins would require prison officials to cut deep into his
flesh to insert the needle, constituting cruel and unusual
punishment. During clemency hearings for the previous execution
date, Perkins' attorneys asked Gov. Mike Easley to spare the
killer's life because jurors improperly discussed the case before
deliberations began.
Perkins also suffered from bipolar disorder at
the time of the April 1992 slaying of Lashenna in Greenville, the
lawyers said. Authorities said Perkins sexually assaulted the girl,
who was his girlfriend's granddaughter, and smothered her with a
pillow. He was sent to death row the following year. Lawyers for
Perkins said two court officials in Perkins' trial told a judge that
members of the jury had decided Perkins was guilty before beginning
deliberations. When jurors were questioned individually, they denied
that.
Clark Everett, Pitt County's district attorney,
and retired investigator Ricky Best both asked Easley to allow the
execution. "It's a horrible, horrible crime. This was a young girl,
7 years old, brutally raped and murdered in her own bed," Everett
said. "If there was ever a case for the death penalty, this is it."
UPDATE: Lawyers for the state attorney general's
office have appealed a federal judge's order that stops the
execution of a man sentenced to death for the 1992 murder and rape
of a seven-year-old girl in Pitt County. The order by U.S. District
Court Judge Terrence Boyle on Friday said the execution should be
stopped while attorneys for Sammy Perkins and other death row
inmates pursue a lawsuit over the legality of the state's lethal
injection method.
Perkins is scheduled to be executed at 2 a.m.
Friday at Central Prison in Raleigh. Attorneys for Perkins also have
asked Governor Mike Easley to hear more arguments for clemency in
Perkins case. A hearing was held earlier this year before Perkins
received another stay of execution. The governor's office says
Easley has reviewed supplement materials but won't have another
meeting with lawyers. The defense attorneys say Perkins' trial was
marred by jury discussions of the case before the jury was told to
decide the case. And the lawyers say Perkins' mental illness wasn't
fully presented to the jury because of poor testimony by a defense
expert.
North Carolina executes man for raping,
smothering child
By Estes Thompson - Raleigh News & Observer
AP - October 8, 2004
RALEIGH, N.C. -- A man convicted of the 1992 rape
and murder of a 7-year-old girl was executed by the state of North
Carolina early Friday as his brother and niece and the uncle of the
young victim watched. Sammy Crystal Perkins, 51, was injected with a
lethal dose of chemicals after the U.S. Supreme Court issued two
orders Thursday to clear the way. He was declared dead at 2:14 a.m.
By a 5-4 vote, justices turned down a request by
defense lawyers to leave a stay in place so Perkins could contest
the state's lethal injection execution method. The court also
unanimously rejected a defense request to reverse state court
rulings against Perkins on the issue of whether improper evidence
was allowed during his trial in Pitt County Superior Court.
"I would like to say I love my mother, all my
brothers and sisters and all my children. I'll see ya'll on the
other side," Perkins said in his last statement before he was
wheeled into the execution chamber.
Police officers and prosecutors sat in the
witness room along with the victim's uncle and Perkins' relatives
and defense lawyers. He spent the day visiting with his mother and
other relatives. Late in the day, he asked for a last meal of fried
chicken, sweet potato pie, French fries and a Coke.
Defense lawyers had argued that Perkins took
responsibility for raping and smothering Lashenna "Jo Jo" Moore, his
girlfriend's granddaughter in Pitt County. But they said his
substance abuse and mental illness, including bipolar disorder,
meant he should have received a life sentence. An appeal to Gov.
Mike Easley for clemency, in which defense lawyers also said Perkins'
trial was faulty because the jury discussed the case too early, was
rejected hours before the execution after the high court rejected
legal appeals. The lawyers also said Perkins' mental illness wasn't
fully presented to the jury because of poor testimony by a defense
expert.
Perkins' execution had been stayed by a federal
judge who last week said he should be allowed to participate in a
lawsuit that challenged the method of execution by injection. A
physician said in an affidavit filed with Boyle's court that an
autopsy of a previously executed inmate showed low amounts of an
anesthetic in his blood and that "it is most likely that the
execution was torture."
Perkins' execution was the first by the state
since January. Attorney General Roy Cooper effectively put
executions on hold last spring, while the U.S. Supreme Court decided
an Alabama case challenging a form of lethal injection sometimes
used by the state as cruel and unusual punishment. The high court
cleared the way for the Alabama execution in late May, after which a
spokeswoman for Cooper said the state would resume efforts to carry
out lethal injections. The state Department of Correction says it
has changed its protocol for executions since the last execution to
give more of the anesthetic as the death unfolds. But Central Prison
Warden Marvin Polk said he has never seen signs of suffering in 19
executions he has attended.
Perkins Execution Case Works Through Two Court
Systems
By Estes Thompson - ABC TV-11
AP - October 6, 2004
RALEIGH — Lawyers involved in this
week's execution of a man who raped and killed a child were in two
courts Wednesday, arguing both about whether the execution method is
flawed and whether the prisoner should get a new trial.
In a federal appeals court, prosecutors asked a
judge to overturn a lower court's order to stop the execution. The
judge refused, leaving the stay in place while the state appealed to
the U.S. Supreme Court. And in state court, a judge denied a defense
request for a new trial for Sammy Crystal Perkins, 51. He was
sentenced in 1993 for the rape and murder of a 7-year-old Pitt
County girl, Lashenna "Jo Jo" Moore, who was the granddaughter of
his girlfriend. Shortly after the state judge ruled, the defense
appealed to the North Carolina Supreme Court, which quickly denied a
request for a hearing and a stay of execution.
The rapid legal action means Perkins' fate will
probably come down to an execution eve decision by the U.S. Supreme
Court. Perkins is scheduled to be put to death at 2 a.m. Friday. He
was moved Wednesday afternoon from death row to the isolated death
watch area near the death chamber.
In state court, Pitt County Superior Court Judge
Wilton R. Duke rejected the defense claim that Perkins was convicted
on illegal hearsay evidence. Duke said a U.S. Supreme Court ruling
that limits the use of evidence not directly from a witness didn't
apply because the ruling came down after Perkins' state trial. The
evidence in question came from a police officer who said the
victim's 3-year-old brother said he saw Perkins in the girl's bed
and that Perkins, known as "Sea Dog," had bitten the boy. Duke also
admonished the defense, saying the Supreme Court case was decided
nearly seven months ago, "yet the defendant has waited until less
than 72 hours prior to his scheduled execution to file" his latest
appeal.
In the federal case, the 4th U.S. Circuit Court
of Appeals said a stay -- a judge's order stopping an execution --
should remain in effect. U.S. District Judge Terrence Boyle issued
the stay last week after lawyers said Perkins should be allowed to
pursue a lawsuit over the legality of the state's lethal injection
method. Perkins was among death row inmates who filed a petition in
January seeking to prevent the state from carrying out or scheduling
their executions, saying lethal injection constitutes cruel and
unusual punishment. One of the other inmates has been executed and
another sent to prison for life because he was mentally retarded.
Attorneys for Perkins also asked Gov. Mike Easley
to hear more arguments for clemency. A clemency hearing was held
earlier this year. The governor's office said Easley has reviewed
supplementary materials but won't have another meeting. Defense
lawyers said clemency would be proper because Perkins' trial was
marred by jury discussions of the case before formal deliberations
began. The lawyers also said Perkins' mental illness wasn't fully
presented to the jury because of poor testimony by a defense expert.
National Coalition to Abolish
the Death Penalty
Sammy Perkins - North Carolina Oct 8, 2:00 AM
Sammy Perkins has been executed. Our thoughts and
sympathies are with the family and loved ones of Mr. Perkins as well
as Lashenna Moore.
The state of North Carolina is scheduled to
execute Sammy Perkins, a black man, Oct 8 for the 1992 rape and
murder of seven year-old Lashenna Moore in Pitt County. Perkins, who
suffers from bipolar disorder, was using alcohol, heroin, and crack
cocaine at the time, and has a long history of substance abuse and
mental illness.
Perkins was first scheduled to be executed on May
21. The execution was halted when District Court Judge Terrence
Boyle issued a stay pending the Supreme Court ruling on a case
challenging the constitutionality of lethal injection.
Pekins has a family history of mental illness. He
was diagnosed with bipolar disorder in 1997, and a prison
psychiatrist noted symptoms of long-term use of anti-psychotic
medication. However, for most of Perkins’ life, his economic status
prevented him from obtaining psychiatric help. In 1975 Perkins was
arrested for “walking around without his clothes on,” according to
his mother. Left untreated, bi-polar disorder is a debilitating
mental illness, with extreme mood swings, depression, and manic
highs. As he self-medicated his moods and depression with cocaine,
heroine, and alcohol, the condition worsened.
Supporters of Perkins maintain that this
crucially potential mitigating evidence of profound mental illness
was not presented at trial. Perkins’ early bizarre behavior was not
investigated by either of his two trial lawyers and there was no
expert to explain to the jury how it affected Perkins’ ability to
make decisions or how it affected his reaction to alcohol and
cocaine.
Had recent guidelines for appointing attorneys in
capital cases applied in Perkins’ case, he would have been assigned
a lawyer with enough experience to spot this important issue. At the
time of Perkins’ trial and review, judges had the discretion to
limit or refuse completely to fund expert witnesses. Perkins’
request for experts was not given appropriate attention. Supporters
of Perkins also maintain the outcome of the sentencing hearing would
be drastically different if the case was tried today under recently
imposed guidelines for North Carolina, which restrict trial judges
ability to limit expert witnesses.
Forensic psychiatrist Billy Royal testified that
Perkins’ mental illness in combination with his consumption of both
prescribed and illicit drugs and alcohol impaired his ability to
distinguish right from wrong, make plans, or premeditate his actions.
The execution of those with mental illness has
become an international human rights issue. Human Rights Watch
reports that there are 10 times as many men and women in prison as
in mental hospitals. Reports estimate that 10 percent of death row
inmates are mentally ill, though some maintain that the number is
much higher. When mental illness manifests itself violently, the
general population should be protected. However, the answer is not
to further victimize those who suffer with the “ultimate punishment”
of death.
There are also serious allegations of jury
misconduct. Court official Tammy Beachum reported that she was
informed that the jury had decided on Perkins’s guilt before the
trial was completed; and furthermore had determined that death was
appropriate. Premature jury deliberation undermines a defendant’s
right to due process and is grounds for a mistrial. The court ruled
that Perkins’ case was unaffected by this misconduct.
Perkins is a mentally ill man who did not receive
a fair trial, and is arguably ineligible for a capital murder
conviction. While this is a horrifying crime, the infliction of more
violence is not the answer. North Carolina has the option of life
without parole, which is the only humane alternative in this case.
To perpetuate the cycle of violence, to create more victims, and
uphold murder as an option for justice will never bring healing.
Please contact Gov. Easley and urge him to stop
the execution of Sammy Perkins letting him know that you do not
support the execution of the mentally ill!
USA: Death penalty / Legal concern
Amnesty International
September 27, 2004
USA (North Carolina) Sammy Crystal Perkins (m),
black, aged 50
Sammy Perkins is scheduled to be executed in
North Carolina on 8 October 2004. He was sentenced to death for the
murder of a seven-year-old girl, LaSheena Renae "JoJo" Moore, in
1992.
At the trial, the state presented evidence that
Sammy Perkins had sexually assaulted JoJo Moore and smothered her to
death during the early hours of 19 April 1992. JoJo Moore was the
grandchild of a woman whom Sammy Perkins had known for several years
and whom he had been dating for a few weeks. Sammy Perkins testified
that on the night and morning in question he had been drinking and
smoking crack cocaine. He said that the child had woken up while he
was having sex with her grandmother and that he had covered her face
with a pillow so that she would not see them. The jury found Sammy
Perkins guilty of capital murder and sentenced him to death.
During the trial, before all the evidence had
been presented, the judge was told that one of the jurors had said
to her baby-sitter that the jurors had already decided that Sammy
Perkins was guilty and all but one of them had decided that he
should be executed. The jury had not yet heard all the evidence; the
judge questioned them about this conversation, and they denied that
they had already reached a verdict. The judge found that the
contents of the conversation between the juror and her baby-sitter
could not be ascertained, and refused to declare a mistrial or to
dismiss the juror in question. The appeal courts have not allowed a
full hearing on this issue.
According to Sammy Perkins’s clemency lawyers,
the trial jurors were not presented with the full picture of the man
they sentenced to death. Several of his family suffered from bipolar
disorder (manic depressive illness), and he had begun showing signs
of this serious mental illness from his late teens. Being from a
poor family he was unable to get appropriate treatment, and used
cocaine, heroin and alcohol to alleviate his symptoms. He was also
on prescription drugs for myasthenia gravis, a disease that causes
muscle weakness.
Although his trial lawyers presented evidence of
this disease, they had not investigated his bipolar condition, and
the jury did not hear expert evidence about this illness and its
effects on the defendant. Sammy Perkins’s current lawyers are
challenging the lethal injection process in North Carolina, on the
grounds that it violates the constitutional prohibition on cruel and
unusual punishment.
The lethal injection process involves three
chemicals: sodium thiopental (a short-acting anaesthetic),
pancuronium bromide (which paralyzes the muscles, but does not
affect the brain or nerves) and potassium chloride, which causes
death by cardiac arrest. A person injected with pancuronium bromide
alone remains conscious but cannot move or speak. Legal challenges
have been made against its use in executions in various states on
the grounds that if the anaesthetic fails, the pancuronium bromide
may throw a "chemical veil" over the reality of lethal injections by
masking the suffering caused by the potassium chloride.
In a challenge in Tennessee, a woman testified that she had undergone
surgery during which the anaesthetic had failed. She testified that
she was able to hear, perceive and feel everything that went on
during her surgery, but was unable to move or speak because of an
injection of pancuronium bromide. She has described the experience
as "worse than death". The use of pancuronium bromide for pet
euthanasia is not acceptable under American Veterinary Medical
Association guidelines, and its use for this purpose has been banned
in several states.
BACKGROUND INFORMATION
Amnesty International opposes the death penalty
in all cases, regardless of the gravity of the crime, the guilt or
innocence of the condemned, or the method used to kill the prisoner.
The death penalty is an affront to human dignity and a symptom of a
culture of violence, and consumes resources that could otherwise be
used towards constructive strategies to combat violent crime and to
offer assistance to its victims and their families. In addition, the
capital justice system in the USA is marked by arbitrariness,
discrimination and error.
The United Nations Safeguards Guaranteeing
Protection of the Rights of Those Facing the Death Penalty require
that capital defendants receive "adequate legal assistance at all
stages of the proceedings". The UN Special Rapporteur on
extrajudicial, summary or arbitrary executions has said that in
capital cases, all mitigating evidence must be taken into account.
In repeated resolutions in recent years, the UN Commission on Human
Rights has called on all states that still have the death penalty
not to use it against anyone suffering from a mental disorder.
Today, a clear majority of countries have
abolished the death penalty in law or practice. In contrast to this,
there have been 929 executions in the USA since it resumed judicial
killing in 1977. There have been 44 executions this year.
North Carolina Set to Execute a Mentally Ill Man
People of Faith Against the
Death Penalty
Sammy Perkins is scheduled to be executed Oct. 8,
2004, for the death of Jo-Jo Moore. Moore's death was a terrible
tragedy and Sammy Perkins should be punished for it. But vital
evidence that could have made the difference in life over death
never made it to the jury. The ways capital lawyers are qualified,
trained and assisted have changed dramatically since Perkin's trial.
Today, the case would have a different outcome. Further, jurors
decided Perkins' death before they heard all of the evidence.
Without clemency, Sammy Perkins will suffer a torturous, painful
death.
The jury never heard the full story of Sammy's
mental disorder.
A family history of extreme psychiatric problems
left its mark on Sammy Perkins. Several family members suffered from
mental illnesses. In his late teens and early 20s, the time when bi-polar
disorders are often discovered, Perkins was found ranting in public,
sometimes completely naked. From a poor family, he was not able to
get psychiatric help, treatment or medication.
Bi-polar disorder,
left untreated, is a debilitating mental illness, with wild mood
swings, depression and manic highs during which the person can be
out of touch with reality. As he self-medicated his moods and
depression with cocaine, heroin and alcohol, the condition worsened.
Myasthenia Gravis claimed Perkins as well. This autoimmune disease
causes muscular weakness. Prescription Prednisone, given to Perkins
to abate the symptoms, causes euphoria, hyperactivity and is highly
addictive.
The jury never heard about Sammy Perkins' break
with reality, about his bi-polar condition. Perkins had two trial
lawyers, one of whom was still a relative newcomer to capital trials.
Perkins' early bizarre behavior was not investigated by either
lawyer. No expert explained to the jury how it affected Perkins'
ability to make decisions, how it affected his reaction to alcohol
and cocaine. Bi-polar disorder cannot be controlled if the person
does not know they have it and are not on the right medication.
Perkins did not know about his condition until it was too late.
Had recent guidelines for appointing attorneys in
capital cases applied in Perkins' case, he would have been assigned
a lawyer with enough experience to spot this important issue. At the
time of Perkins' trial and review, judges had discretion to limit or
refuse completely to fund expert witnesses. A judge hamstrung
Perkins' request for experts. Recent changes don't leave those kinds
of decisions up to the trial judge. The outcome of the sentencing
hearing would be drastically different if the case was tried today,
with the new guidelines.
The jurors decided Sammy's case before they heard
the evidence.
Before all of the evidence was presented, one of
the jurors told a disinterested third person that she was voting for
death and there were others who agreed with her. The courts have not
allowed a full hearing on the juror's conduct and so Perkins is
stuck with a verdict that was handed down by a prejudiced jury. To
allow this execution to go ahead with a jury that pre-judged Perkins
without even listening to all of the evidence is fundamentally
unfair. To disregard this flaw makes a mockery of the phrase "trial
by a fair and impartial jury."
Lethal injection is a cruel, unusual and inhumane
procedure.
The citizens of North Carolina decided long ago
that executions be carried out humanely and therefore eliminated all
methods of execution other than lethal injection. Unfortunately, the
procedure currently used is seriously flawed. The statutory method
of execution – using a short-acting barbiturate followed by a
paralytic agent – has been outlawed for use in euthanizing dogs in
many states.
The short-acting barbiturate is supposed to
anesthetize the inmate, but it is hard to administer correctly and
it wears off quickly. The paralytic agent will then paralyze all of
Perkins' muscles, essentially causing him to suffocate to death.
North Carolina adds a third toxic chemical to the mix, potassium
chloride, in order to hasten death. However, if the anesthesia is
not administered properly, the paralytic agent will make it
impossible for Perkins to express his suffering as the chemical
causes an excruciatingly painful death, burning its way through his
veins to induce cardiac arrest.
Toxicology reports done after three North
Carolina executions show that the inmate did not have sufficient
anesthesia in his system to deaden the pain and undoubtedly
experienced excruciating pain while he died. After the last such
execution, the state simply stopped performing toxicology tests. The
brutal procedure that Sammy Perkins will endure is nothing short of
torture, not a humane procedure envisioned by the citizens of this
State.
The above information was prepared by Sammy
Perkins' legal defense team.
Opinion: He didn't do it
Charlotte News and Observer
September 30, 2004
I am the oldest daughter of Sammy Perkins,
scheduled to be executed at Central Prison on Oct. 8. [Perkins was
convicted of the 1992 rape and murder in Greenville of 7-year-old
Lashenna "Jo Jo" Moore.]
North Carolina is about to kill an innocent man.
There was no DNA testing done, nor any samples of any kind that
matched and would link my father to that horrific crime. My father
was convicted before he even went to trial based on his past
convictions. My father may have committed other crimes in his life,
but what he is about to be killed for he did not do.
Sammy Perkins is a good
man and he is loved. If my father is killed they not only will be
killing an innocent man but a son, father, grandfather, brother,
uncle, cousin, friend and overall wonderful person.
Kilita Redmond, Brooklyn, N.Y.
Moore County Family Still Feels Pain Years After
Child's Murder
Sammy Perkins Sentenced To Die For Leeshena Moore's
Murder
WRAL-TV
August 27, 2004
MOORE COUNTY, N.C. -- Leeshena "JoJo" Moore was
just 7 years old when she was raped and murdered in her
grandmother's home. Twelve years later, her family is still in pain.
"She was the star in our family," said Roderick Moore, Leeshena's
uncle. "We sit around and conversate about her and what could have
been."
Sammy Perkins, the boyfriend of Leeshena's
grandmother, was convicted of Moore's murder in 1993. A jury
sentenced him to death. In May 2004, a federal judge put that
sentence on hold when Perkins challenged whether the state's form of
execution, lethal injection, is cruel and unusual punishment. "It's
not fair because my baby didn't get a second chance. You know I
never believed in capital punishment until this happened," said
Theia Moore, Leeshena's grandmother.
After a U.S. Supreme Court ruling in a similar
case this summer, Perkins' execution is now set for October.
Roderick Moore said the process has been an emotional drain on his
family. "It is very important to some people in our family that he
gets what's coming to him," he said. "There is some relief because
if it happened to us, it could happen to anyone else, someone else's
family."
Roderick Moore said while it has been tough, time
and faith helped erase the hate he once felt for Perkins. "I've
learned how to forgive the man for doing what he did to our family,"
he said. "I don't understand it and I'll never understand it, but I
forgave him for it already."
Perkins' execution is now set for Oct. 8. Moore's
family does not plan to attend.
The timing certainly is interesting. After nine
months without an execution, North Carolina is scheduled to kill two
convicted murderers in October, just in time for Gov. Mike Easley
and Attorney General Roy Cooper to reaffirm their commitment to law,
order and all sorts of other conservative-for-a-Democrat principles.
Barring intervention from the courts or the
governor, who can reduce death sentences to life imprisonment, the
state will execute Sammy Perkins early Friday and Charles Roache on
Oct. 22. The timing has death penalty opponents enraged, and not
just because Election Day looms.
When the N.C. General Assembly convenes in
January, it likely will consider stopping state executions for two
years so lawmakers can study potential reforms in the way the state
investigates and prosecutes potential death penalty cases. The
Senate approved the moratorium in 2003; supporters said they had the
votes in the N.C. House this year, but Republican Co-Speaker Richard
Morgan refused to bring the bill up for a vote. "Let's just say that
this all seems more about saving face and executing people for
political gain than seeking justice and fairness," said Stephen Dear,
executive director of People of Faith Against the Death Penalty, a
Carrboro-based group working to abolish capital punishment.
The governor isn't involved in setting execution
dates; his role is to decide whether to grant last-minute clemency.
The attorney general oversees the team of state prosecutors who
fight death row inmate appeals and lets the Department of Correction
know when those appeals are exhausted. This year has represented an
unusual reprieve for the state's inmates, the longest since Easley
and Cooper took office in Jan. 2001 . The state's only execution so
far this year was on Jan. 9. That gap, and its end, can be explained
by more than politics, or at least, more than legislative politics.
For much of this year, the state courts were
holding off on handling death penalty appeals while the U.S. Supreme
Court considered an appeal by an Alabama inmate who challenged the
injection execution method. The court said the Alabaman could pursue
his case, but opened only a narrow door to such challenges. "The
system has been backlogged," said Keith Acree, spokesman for the
Department of Correction. Now the backlog is about to clear, and
state leaders face a conflict: Scheduling executions at the same
time more people are calling for a temporary halt to them.
The push for a moratorium in North Carolina
echoes a national debate over capital punishment. Recent studies
have shown that black people and poor people are more likely to
receive a death sentence than affluent whites convicted of similar
crimes. Thirty-three death row inmates nationwide have been
exonerated since 2000, according to the Death Penalty Information
Center.
More than 124 city and county governments across the country
have called for a death penalty moratorium. That list includes more
than 31 communities in North Carolina, including Charlotte. The
movement to take a break from executions to study the system has
gained momentum with a recent spate of cases in which prosecutorial
misconduct and mistakes helped convict people who turned out to be
innocent.
The most embarrassing and prominent case in the
Carolinas involved Alan Gell, a Bertie County man whose original
death penalty conviction was overturned because prosecutors withheld
evidence that could have exonerated him -- after he'd spent six
years on death row. Cooper, the Democratic attorney general, opted
to re-try Gell. A jury found Gell not guilty earlier this year, and
since his release from prison he has become an active death penalty
opponent, lobbying at the General Assembly and speaking across the
state to civic and church groups.
Beyond Perkins and Roache, at least four other
death row inmates could exhaust their appeals and receive execution
dates before the General Assembly returns to work early next year.
"I just don't understand how they can go ahead killing people when
there's a very real chance the legislature will pass the moratorium
next year," Gell said recently. "That just doesn't make any sense to
me at all."
Easley and Cooper have opposed a moratorium in
the past. So have their Republican challengers, gubernatorial
candidate Patrick Ballantine and attorney general candidate Joe
Knott. Easley, a former district attorney and attorney general whose
office originally prosecuted Gell, has said he does not believe
North Carolina needs a halt in executions, although he was less
direct in a recent interview. "There are so many different mutations
of this moratorium idea that it would be hard for me to give an
answer that I feel comfortable with right now," he said. "The one
thing I do feel strongly about is that those who say they want a
death penalty moratorium so they can study the death penalty ought
to get to the business of studying it. They've been asking for a
moratorium for something like six years now, and if they want to
show good faith and build support, they need to start studying
something."
Ballantine says there's no reason to stop
executions, yet has earned points with death penalty opponents, most
of them Democrats, for saying that he believes the system needs to
be studied. Abolitionists are angry with Easley for refusing to meet
with them. Easley says there's no reason for him to sit down with
anti-death penalty advocates such as Dear and legislators who oppose
capital punishment every time another execution rolls around: He
knows where they stand, he says, and they know where he stands.
Scheduled to Die
SAMMY CRYSTAL PERKINS, 51
Sentenced to death for the 1992 murder of 7-year-old
Lashenna "Jo Jo" Moore, his girlfriend's granddaughter. Perkins'
lawyers say their client deserves clemency -- essentially the
altering of his sentence from death to life in prison -- because
jurors did not hear complete details of his mental illness. His
lawyers also allege juror misconduct, saying at least one juror
decided on death before hearing all the evidence. He is scheduled to
die at 2 a.m. Friday.
State v. Perkins,
481 S.E.2d 25 (N.C. 1997) (Direct Appeal).
Defendant was convicted for the murder and rape
of the seven-year-old grandchild of a woman whom defendant dated and
the Superior Court, Pitt County, Sumner, J., sentenced defendant to
death. Defendant appealed. The Supreme Court, Parker, J., held that:
(1) prospective jurors' responses to death-qualification questions
justified decisions on challenges for cause; (2) no outside
influence was exerted on jury; (3) overwhelming evidence that
defendant smothered victim while raping her rendered any evidentiary
errors harmless; (4) defendant opened door to prior accusations that
defendant raped defense witness' daughter; (5) challenged closing
arguments during capital sentencing proceeding did not violate due
process; and (6) death sentence was neither disproportionate nor
excessive. No error. Webb, J., dissented and filed opinion in which
Frye, J., joined.
PARKER, Justice.
Defendant Sammy Crystal Perkins was tried capitally on indictments
charging him with first-degree murder and first-degree rape. The
jury found defendant guilty as charged. Following a capital
sentencing proceeding, the jury recommended a sentence of death; and
the trial court entered judgment accordingly.
The trial court also
imposed a consecutive sentence of life imprisonment for first-degree
rape. For the reasons discussed herein, we conclude that the jury
selection, guilt-innocence phase, and capital sentencing proceeding
of defendant's trial were free from prejudicial error and that the
death sentence is not disproportionate.
The State presented evidence tending to show that
during the early morning hours on 19 April 1992, defendant sexually
assaulted seven-year-old LaSheena Renae "JoJo" Moore and smothered
her to death. On 18 April 1992 defendant was living with his mother
in Greenville.
After visiting with his family and drinking several
beers, defendant went to the home of Theia Esther Moore, a woman he
had been dating for two months and had known for ten or eleven years.
Moore lived in the house with her two children and four
grandchildren, one of whom was the victim. Moore shared a room with
two of her grandchildren, three-year-old Michael "Champ" Moore and
the victim, who slept together on a daybed.
After leaving the Moore house for a short time,
defendant returned and drank more beer and smoked crack cocaine. At
approximately 3:00 a.m. on 19 April, defendant entered Moore's
bedroom, where she and her two grandchildren were present. Defendant
watched a pornographic video and then tried to have sex with Moore,
who was surprised that he was in the room. Moore discovered a large
butcher knife under her pillow, and defendant explained that he had
used it to open a can of beer.
Moore ordered defendant out of the house. As she
walked him to the door, Champ rose from his bed and claimed that
defendant had bitten his finger. After defendant left, he called
Moore twice to insist that he had not bitten Champ. Moore then went
to sleep; when she awoke at around 9:00 a.m., she observed that
Champ's finger was swollen. At approximately 11:30 a.m., while the
family was preparing to go to church for Easter services, Moore
discovered that JoJo was dead.
The evidence tended to show that sometime early
that morning, defendant had mounted the victim, held a pillow over
her face, and had sex with her. The medical examiner determined that
the victim died of suffocation and estimated that the victim's mouth
and nose were covered for a period of between three to seven minutes
before she became unconscious.
Defendant testified that on the night and morning
in question, he had been drinking and smoking crack cocaine. He
stated that JoJo awoke while he was having sex with Moore. He put a
pillow over her face so that she would not see them. He said that he
administered CPR, which he thought was successful in resuscitating
her. He then went to the kitchen for a beer, used a knife to open
the can, and placed the knife by Moore's bed. Sometime in the
morning, he took Champ to the bathroom. Champ stuck his finger in
defendant's mouth, and defendant bit it. He said Moore threw him out
of the house after discovering the knife and the biting incident.
Defendant, who was in a wheelchair by the time of
trial, explained that he suffers from a debilitative muscular
disease called myasthenia gravis. His disability precluded him from
having sexual intercourse in any position where he would have to
support himself with his arms. On cross-examination defendant
admitted that he had a prior conviction for attempted rape in 1981
and was released from prison in 1986. He also had prior convictions
for possession with intent to sell and deliver heroin and cocaine in
1988 and 1989.
The jury found defendant guilty of first-degree
rape and guilty of first-degree murder under the theories of
premeditation and deliberation and felony murder. The jury found all
three submitted aggravating circumstances: (i) that defendant had
been previously convicted of a felony involving the use or threat of
use of violence; (ii) that the murder was committed by defendant
while defendant was engaged in the commission of or an attempt to
commit first-degree rape; and (iii) that the murder was especially
heinous, atrocious, or cruel. The jury also found one statutory and
five nonstatutory mitigating circumstances. The jury found that the
mitigating circumstances did not outweigh the aggravating
circumstances and that the aggravating circumstances were
sufficiently substantial to call for the imposition of the death
penalty. The jury recommended the death penalty.
* * * *
In the present case defendant was found guilty on
the bases of both the felony murder rule and premeditation and
deliberation; defendant had been dating the victim's grandmother for
two months at the time of the killing; the seven-year-old victim and
her little brother lived with their grandmother, slept in their
grandmother's bedroom, and knew defendant; the murder occurred
during the commission of a rape; and the jury found the especially
heinous, atrocious, or cruel aggravating circumstance. After
comparing this case to similar cases in the pool used for
proportionality review, we conclude that defendant's death sentence
is not excessive or disproportionate.
We hold that defendant received a fair trial and
capital sentencing hearing free from prejudicial error. Comparing
defendant's case to similar cases in which the death penalty was
imposed and considering both the crime and defendant, we cannot hold
as a matter of law that the death penalty was disproportionate or
excessive. NO ERROR.
Defendant convicted of capital murder and rape,
affirmed at 345 N.C. 254, 481 S.E.2d 25, petitioned for writ of
habeas corpus. The United States District Court for the Eastern
District of North Carolina, James C. Fox, Senior District Judge,
dismissed, and defendant appealed. The Court of Appeals, Traxler,
Circuit Judge, held that: (1) claim challenging counsel's
presentation of expert mental health evidence was procedurally
barred; (2) finding of no juror misconduct was supported by the
evidence; and (3) conclusion that there was no error in excusing a
juror for cause was not an unreasonable application of clearly
established Federal law or based on an unreasonable determination of
the facts. Affirmed.
TRAXLER, Circuit Judge.
Sammy Crystal Perkins was convicted by a North Carolina jury for the
capital murder and rape of LaSheena Renae "JoJo" Moore. Perkins was
sentenced to death for the capital murder conviction and to life
imprisonment for the rape conviction. After unsuccessfully appealing
his convictions in state court on direct review and in state habeas
proceedings, Perkins filed a petition for writ of habeas corpus in
federal district court. See 28 U.S.C.A. § 2254 (West 1994 & Supp.2003)
The district court dismissed the petition and Perkins sought an
appeal in this court. Because at least one judge of the panel
concluded that Perkins had "made a substantial showing of the denial
of a constitutional right," 28 U.S.C.A. § 2253(c)(2) (West Supp.2003),
with respect to each of his claims, we granted a certificate of
appealability, see 28 U.S.C.A. § 2253(c)(3) (West Supp.2003). We now
affirm.
On April 19, 1992, at approximately 3:00 a.m.,
petitioner Perkins raped seven-year-old JoJo Moore in her bed while
he smothered her to death with a pillow. The North Carolina Supreme
Court described the specific facts surrounding JoJo's murder as
follows:
On 18 April 1992 [Perkins] was living with his
mother in Greenville. After visiting with his family and drinking
several beers, [Perkins] went to the home of Theia Esther Moore, a
woman he had been dating for two months and had known for ten or
eleven years. Moore lived in the house with her two children and
four grandchildren, one of whom was the victim. Moore shared a room
with two of her grandchildren, three-year-old Michael "Champ" Moore
and the victim, who slept together on a daybed.
After leaving the Moore house for a short time, [Perkins]
returned and drank more beer and smoked crack cocaine. At
approximately 3:00 a.m. on 19 April, [Perkins] entered Moore's
bedroom, where she and her two grandchildren were present. [Perkins]
watched a pornographic video and then tried to have sex with Moore,
who was surprised that he was in the room. Moore discovered a large
butcher knife under her pillow, and [Perkins] explained that he had
used it to open a can of beer. Moore ordered [Perkins] out of the
house.
As she walked him to the door, Champ rose from his bed and
claimed that [Perkins] had bitten his finger. After [Perkins] left,
he called Moore twice to insist that he had not bitten Champ. Moore
then went to sleep; when she awoke at around 9:00 a.m., she observed
that Champ's finger was swollen. At approximately 11:30 a.m., while
the family was preparing to go to church for Easter services, Moore
discovered that JoJo was dead.
The evidence tended to show that sometime early
that morning, [Perkins] had mounted the victim, held a pillow over
her face, and had sex with her. The medical examiner determined that
the victim died of suffocation and estimated that the victim's mouth
and nose were covered for a period of between three to seven minutes
before she became unconscious.
[Perkins] testified that on the night and morning
in question, he had been drinking and smoking crack cocaine. He
stated that JoJo awoke while he was having sex with Moore. He put a
pillow over her face so that she would not see them. He said that he
administered CPR, which he thought was successful in resuscitating
her. He then went to the kitchen for a beer, used a knife to open
the can, and placed the knife by Moore's bed. Sometime in the
morning, he took Champ to the bathroom. Champ stuck his finger in [Perkins's]
mouth, and [Perkins] bit it. He said Moore threw him out of the
house after discovering the knife and the biting incident.
[Perkins], who was in a wheelchair by the time of
trial, explained that he suffers from a debilitative muscular
disease called myasthenia gravis [which] precluded him from having
sexual intercourse in any position where he would have to support
himself with his arms. On crossexamination [Perkins] admitted that
he had a prior conviction for attempted rape in 1981 and was
released from prison in 1986.
He also had prior convictions for
possession with intent to sell and deliver heroin and cocaine in
1988 and 1989. State v. Perkins, 345 N.C. 254, 481 S.E.2d 25, 28
(1997). At the conclusion of the guilt phase of the trial, the jury
convicted Perkins of the first-degree rape and first-degree murder
of JoJo Moore under the theories of premeditation and deliberation
and felony murder.
A capital sentencing proceeding was then held
pursuant to N.C. Gen.Stat. § 15A-2000 (2001). At the conclusion of
the sentencing hearing, the jury found all three aggravating
circumstances submitted to them to be present: (1) Perkins had been
previously convicted of a felony involving the use or threat of
violence; (2) Perkins committed the murder while engaged in the
commission of or an attempt to commit first-degree rape; and (3) the
murder was especially heinous, atrocious, or cruel.
The jury found
one statutory and five nonstatutory mitigating circumstances, but
concluded that the mitigating circumstances did not outweigh the
aggravating circumstances, and unanimously returned a recommendation
that Perkins be sentenced to death for the murder conviction. See
Perkins, 481 S.E.2d at 28. The death sentence was imposed by the
trial court for the first-degree murder, along with a consecutive
sentence of life imprisonment for the first-degree rape conviction.
See id. at 27.
On appeal, the North Carolina Supreme Court
upheld Perkins's conviction and death sentence, see id. at 27-28,
and the United States Supreme Court denied Perkins's petition for
writ of certiorari, see Perkins v. North Carolina, 522 U.S. 837, 118
S.Ct. 111, 139 L.Ed.2d 64 (1997). Perkins then filed a motion for
appropriate relief ("MAR"), see N.C. Gen.Stat. § 15A-1415 (2001), in
Pitt County Superior Court in September 1998, which was denied in
June 1999. The North Carolina Supreme Court denied review. See State
v. Perkins, 353 N.C. 275, 545 S.E.2d 744 (2000).
Perkins filed his § 2254 petition for habeas
relief in district court in September 1999. The state filed an
answer and motion for summary judgment in December 1999. In March
2000, however, Perkins filed a motion for leave to conduct discovery
into a claim that his trial counsel had been ineffective in their
presentation of mental health evidence, a motion for leave to
proceed ex parte in moving for expert assistance, and an ex parte
motion for funds to hire expert assistance to pursue his ineffective
assistance of counsel claim.
The district court denied Perkins's
motion for leave to proceed ex parte and for funds for expert
assistance, granted the state's motion for summary judgment, and
dismissed Perkins's petition for habeas relief. This appeal followed.
* * * *
For the foregoing reasons, we affirm the district
court's denial of Perkins's motion for leave to proceed ex parte and
for funds for expert assistance and dismissal of Perkins's petition
for writ of habeas corpus. AFFIRMED.