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General News    H3'ed 1/6/11

This Death-Penalty Case Should Give Anyone Pause

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Roger Shuler
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That certainly is the story that prosecutors presented to the jury. But did the evidence really show that. According to this story that Daniels wrote during the trial, it did not. In fact, the story indicates that a forensics expert presented no evidence that Russell fired the gun at all.

Meanwhile, the Shelby County Reporter wrote that Ed Moran, the forensics expert, could not come to solid conclusions about key evidence:

Moran said the bullet jacket recovered from the body could not be marked back to any of the guns he examined. He said there was not enough microscopic markings on the jacket for him to make a conclusion.

A man was convicted of capital murder, based on that kind of evidence? And he now faces a death sentence?

Katherine Gillespie's body, and the gun prosecutors believe was used to kill her, were found in Russell's home, where she lived with him. But that's about as strong as the prosecution's evidence gets. Based on press reports, we know that at least six other people--a former girlfriend, three teenagers, and at least two sheriff's deputies (called first by the teens, then by the former girlfriend)--were on or near the Russell property that night.

The teens followed Russell to his house after he reportedly collided with their vehicle and drove off. Instead of getting the tag number and address and contacting authorities, the teens reportedly confronted Katherine Gillespie and caused her to become emotional. The teens reportedly tried to confront Russell, but he refused to get out of his vehicle and eventually pulled it into the garage.

The role of the teens in Katherine Gillespie's death remains murky. News reports at the time of the shooting quoted neighbors as saying four teens were at the Russell house that night:

Police were also tight-lipped about a hit-and-run accident hours earlier. In that accident, four people followed a person, who they say hit their truck, to the same house where the girl was found dead.

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I live in Birmingham, Alabama, and work in higher education. I became interested in justice-related issues after experiencing gross judicial corruption in Alabama state courts. This corruption has a strong political component. The corrupt judges are (more...)
 
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