NCADP   
1436 U Street,   
NW Suite 104   
Washington DC    
20009   

888-286-2237   
[email protected] 

Missouri 

James Chambers (MO) – W/W
Nov. 10, 1999…1:01am (EDT) 

It was a bar fight.  Both men were drunk and combative.  Tragically, one of them died on the 5th of September 1982.  James Chambers was charged with the first degree murder of Lee Oestricker and is now facing the death penalty.

At trial, an eye-witness testified that Oestricker hit and stabbed Chambers, knocking him to the ground. As the massive Oestricker advanced on the fallen man, James took out his gun and shot to protect himself.  The eye-witness testified that James’ decision to pull the gun was at least “reasonable” given the heated nature of the argument, the difference in size between the antagonists, and James’ belief that he was in grave danger.  Despite this, the judge prohibited the jury from considering a self-defense argument.

The trial judge also refused to allow Chambers to present all of the mitigating factors in his case.  The Court held “that listing non-statutory mitigating factors is not constitutionally required.”

One factor never examined by the jury was James Chambers’ mental capacity. A childhood injury that included severe head trauma left James with an IQ of 78. He has been diagnosed as “borderline mentally retarded.”

North Carolina

David Brown (NC) – B/?
Nov. 19, 1999…2:00am (EDT) 

Everything seemed to be all right. David Brown, who was a chef in a hotel in Pinehorst, North Carolina. He had no history of criminal activity.  His co-workers, who had known him for a long time, described him as “honest and dependable…a quiet person that did not use profanity”.  The same man is now on death row, convicted for the heinous killing of Diane and Christina Chalfinch on August 25, 1980.  He faces the prospect of becoming the first African-American executed by the state of North Carolina since reinstatement.

The physical evidence pointing to David’s guilt is overwhelming.  There is no question that he committed the crime in question.  Just as disgusting, however, is the foul stench of prosecutorial misconduct which hovers over this case.  North Carolina prosecutors tampered with witnesses, withheld exculpatory evidence and even prevented defense attorneys from investigating the crime scene.

In holding that the misconduct perpetrated in this case did not effect the final outcome of David’s trial, the U.S. Court of Appeals for the Fourth Circuit noted that “Brown’s strongest argument for relief is based on the premise that the prosecutor’s unethical behavior should not go unpunished, and that granting Brown a writ of habeas corpus might serve as the prosecutor’s appropriate punishment.”  

Let Governor Hunt know that you agree with the court.  If North Carolina insists on imposing the death penalty on David, it should at least ensure that he receives a fair trial.

John Lamb (TX) – W/?
Nov. 17, 1999…7:00pm (EDT)

John Michael Lamb is a senior resident on Texas’ death row, awaiting execution for over 15 years for murdering and robbing a man who made a homosexual advance on him.

It’s not clear whether Lamb was motivated by sudden revulsion at the unwanted advance – crimes against gay men, lesbians and bisexuals are among the most frequent hate crimes in the country, according to the Human Rights Campaign – or a calculated opportunity to rob Jerry Chafin.  The difference between the two is literally the difference between life and death, for only in the latter case would Lamb’s actions fit the criteria for capital punishment.

Lamb fled the hotel where the two met with Chafin’s wallet and car, and used the victim’s credit card to reach Florida.  He was arrested there after shooting (non-fatally) and robbing a gas-station attendant, and gave a confession to police.  Lamb claims the confession was coerced by implied promises of leniency, though the police in question deny it.  At the time of the crime, Lamb had no record for violent crime, and by the time of his sentencing, he was facing two life sentences in the state of Florida and another in Texas.

Nevertheless, his jury ordered his execution – perhaps because his trial counsel failed to call mitigating witnesses who were willing to testify on Lamb’s behalf.

(Editors Note: This articles has been reprinted from the “Virginians for Alternatives to the Death Penalty” website.  Thanks to VADP for their vigilance in monitoring the Commonwealth’s machinery of death.)

Thomas Royal, Jr. (VA) – B/W
Nov. 9, 1999…9:00pm (EDT)

In October 1994, Thomas Lee Royal was sentenced to death for the February 21, 1994 capital murder of police officer Kenneth Wallace.  Thomas was 26 at the time the crime was committed.

Thomas grew up without a father, and his mother struggled to support the family. His extended family participated in criminal activities, often in front their son. He had few positive role models in his life. He is borderline mentally retarded. He has held various jobs and has been married however, nothing worked out.

Thomas admitted to killing Wallace but afterwards expressed remorse for what he did. He wrote a letter to Wallace’s father, expressing sorrow and regret for his actions. His expert psychologist, Dr. Billup, testified at trial that Thomas had “an antisocial personality disorder and surmised that the conditions of his childhood, including encouragement from family members to engage in criminal acts, would have contributed to such a disorder.” However, Dr. Billup stated that there was hope that this disorder could become less prevalent as time passed.  He held that rehabilitation was a real possibility for Thomas.

Despite Dr. Billup’s testimony, Thomas was sentenced to death.  He has been on death row since October 21, 1994.
 
 

Bobby Lee Ramdass was sentenced to death in June 1990 for the robbery
and murder of 7-Eleven store clerk Kayani.  Ramdass planned to rob the
store in conjunction with 4 other people.  All 5 people participated in the robbery.   He was 19 at the time of the crime.  Ramdass was poor and could not afford to hire his own investigators.  However, the trial court denied an ex parte hearing for his motion to hire a medical doctor and investigator, resulting in his inability to retain them for his defense.

Ramdass was not allowed to see the results of the polygraph tests of the other participants in the robbery.  He appealed on the basis that he should have been allowed to review them in an attempt to find some “exculpatory evidence.”  He also believes that the results of the polygraph test could have helped his attorney better cross-examine 2 of the Commonwealth’s witnesses.  However, both the trial court and the Appellate court found that these reasons were not sufficient enough to allow Ramdass to see the results of the polygraph tests.  They felt that the Commonwealth had sufficiently accommodated Ramdass with any evidence which might have helped to prove him innocent including the fact that prior to trial the answers of O’Connor, one of his accomplices, were deceptive in that he attempted to minimize his role in the 7-Eleven incident.  The Commonwealth’s Attorney also informed Ramdass’ attorney of 3 persons who allegedly would provide an alibi defense, but he also advised that they had made inconsistent statements.  As a result of these inconsistent statements, Ramdass’ attorney did not utilize them as witnesses.

Currently Bobby Lee Ramdass has filed at the State Habeas level.  He has
been on death row since April 6, 1993.