State v. Joseph Chambers

[joebagadonuts]

good luck!

[welch]

. Last night, I went out and got stinking drunk in celebration of my favorite holiday of the year. Two shots of Jameson, two beers, and four Irish Car Bombs later

Ah, but, JH, did you then drive a car?

No, you're not required to answer that question!

*

Wish me luck, everyone...please! (I'm gonna need it!)

Good luck. And good job.

[Justice Hog]

Welch...I am fortunate enough to live close enough to a Brew Pub to walk/stumble/crawl home....which I did.

[Skinsfan55]

When I go out drinking, I just call a carbomb a beer... lol

It tastes like chocolate milk, but MAN, haha

[Justice Hog]

TRIAL - DAY SIX

Did closings today and the jury "got the case" at 11:58 a.m.

Jury Begins Deliberations in Murder Case

[The Hogster]

What law school did you go to Justice?

[Justice Hog]

What law school did you go to Justice?

I'm a true Delaware boy. Graduated from the University of Delaware...and then Widener University School of Law, located in Wilmington, Delaware.

By the way....since I am now posting news articles about this case...it makes little/no sense to keep it listed as "State v. John Doe". I'm going to change it now.

[Justice Hog]

The article I posted previously was posted on "Delaware Online" - the "online" service of the local newspaper.

This article was printed in the newspaper, the News Journal, today:

Shooting Suspect's Fate Up To Jury - Gregory V. Graves Shot to Death in '03

[Justice Hog]

TRIAL - DAY SEVEN

The verdict is in.

It is now posted on DelawareOnline, the "online" version of the local paper. The full story will likely be printed tomorrow in the News Journal. In case you can't wait:

Read About The Verdict Here

[Justice Hog]

Here is the story about the verdict as printed in today's News Journal:

Read printed story about verdict here

[Warmother]

Congrats Justice another bad guy off the streets.

[welch]

Congrats Justice another bad guy off the streets.

Same from me.

And also, thanks for your account.

[Justice Hog]

I'm not done quite yet. Next Tuesday begins the "penalty" phase and we'll get a "vote" by the jury whether they recommend a death sentence.

In Delaware, the judge is required to give the jury vote "great weight" but it is ultimately the judge's final decision on whether to impose the death penalty.

[welch]

I'm not done quite yet. Next Tuesday begins the "penalty" faze and we'll get a "vote" by the jury whether they recommend a death sentence.

Has Delaware executed anyone? I believe that in New York and New jersey, we have re-instated the death penalty, but it has not been used in "modern" times.

Just curious.

*

By the way, I spent my last three years in Manhattan, the last time we lived here, leading a block association against crack dealers who had taken over part of the neighborhood. There were lots of drug dealers killing drug dealers (about 85 murders in our quiet 24 Precinct in 1993, almost all drugs), but the City almost never got anyone to give evidence.

In some cases, it was drug gang against drug gang, and there was (is?) is weird sort of "professional courtesy" whereby one drug gang never testifies against another. The only exception I remember was a case where the killer, like your victim, had stolen money from his "employer" and the "employer" ordered the thief to be killed. The thief heard about it, and killed the top three gang leaders. Put 16 shots through them and a bodega they were standing in front of. People testified against that guy, who was a bottom-rung street dealer. That's unique.

In other cases, people were afraid of retaliation, so no charges were brought.

You have managed something really unusual. Again, congratulations.

[Justice Hog]

Welch asks:

Has Delaware executed anyone?

Absolutely. Just to give you a "flavor", since 1992, Delaware has executed the following:

3/14/92 - Steven B. Purnell (serial killer) [lethal injection]

3/3/93 - James Allen Red Dog (murder) [lethal injection]

8/1/93 - Kenneth W. Deshield (murder) [lethal injection]

6/23/94 - Andre S. Deputy (double murder) [lethal injection]

3/17/95 - Nelson W. Shelton (murder) [lethal injection]

1/26/96 - Billy Bailey (murder) [hanging, under old law]

1/30/96 - William H. Flamer (double murder) [lethal injection]

4/19/96 - James B. Clark, Jr. (double murder) [lethal injection]

4/23/99 - David J. Lawrie (triple murder) [lethal injection]

9/24/99 - Willie G. Sullivan (murder) [lethal injection]

11/17/00 - Dwayne L. Weeks (double murder) [lethal injection]

4/26/01 - David F. Dawson (murder) [lethal injection]

5/25/01 - Abdullah Tanzil Hameen (formerly Cornelius Ferguson) (murder) [lethal injection]

NOTE: In June of 1986 legislation was enacted that made lethal injection the mode of execution in Delaware. The law also stipulates that persons sentenced to death prior to the laws enactment, have the choice of choosing their mode of execution (either hanging or lethal injection).

[cvillehog]

Holy crap, some guy CHOSE to be hanged?

Wow.

[hailskins666]

Holy crap, some guy CHOSE to be hanged?

Wow.

1/26/96 - Billy Bailey (murder) [hanging, under old law]

kick ass. that rocks.

[Justice Hog]

PENALTY PHASE - DAY ONE

Today was the beginning of the penalty phase. To give you an idea how this works.

In order for this case to be a "capital" murder case (and not just a "regular" murder case), there has to exist something called a "statutory aggravator." This is something written in Delaware Law that makes this murder more serious...worthy of the death penalty.

In this case, the State is alleging that the "statutory aggravator" is: "the defendant was previously convicted of another murder or manslaughter or of a felony involving the use of, or threat of, force or violence upon another person."

In this case, the defendant had a prior conviction of Assault in the Second Degree - a felony offense which involved the use of force or violence upon another person.

Today, the State presented evidence of: (a) the existence of this "statutory aggravator"; and (b) the existence of any other aggravating factors the jury should consider.

We did this as follows:

Police Officer #1
This officer talked about how in 1998 the Defendant was charged with Robbery and other felonies (as a juvenile). Because of the serious nature of the felonies, he was prosecuted as an adult. He eventually pled guilty to three counts of Conspiracy in the Second Degree in 1998 (all felonies). The State entered into evidence certified copies of this conviction.

Police Officer #2
This officer talked about the felony Assault charge (mentioned above) and the facts surrounding it. Apparently, back in 1999, the defendant got into a big dispute/fight with several people. He then beat one guy over the head with a bottle. While that guy was on the ground, another guy went into his house an retrieved a gun. He came out and shot the guy on the ground. After that, the defendant continued to kick him while he was down. The State entered into evidence certified copies of this conviction.

Probation Officer
This officer testified how defendant was on probation when arrested for murder. He outlined the defendant's history on probation, which was very poor. He violated probation no less than 6 times in 5 years. He was simply not amenable to community supervision. We also discussed how defendant was a registered sex offender after having been convicted (as a juvenile) for Unlawful Sexual Contact back in 1996. The state entered into evidence certified copies of that conviction.

Civilian Witness #1
The victim's sister testified about how much she missed her brother...and how much he was loved by his family. She continued to say how much of a good person he was, and how he didn't deserve to die this way.

Civilian Witness #2
The victim's mother of his children testified about how his 2 sons miss "their daddy" and have no one to attend their games with them "like the other daddies do". She also said how much of a good father the victim was to his two children...and how he would go out of his way to help people.

The defense then presented their evidence of "mitigation":

Civilian Witness #1
This guy was defendant's cousin. He basically testified how he and defendant grew up in the "hood" and how he managed to get out because of the support he had. He said defendant never had such a support group. He said he continues to support defendant and, if given life in prison, would continue to visit him.

Civilian Witness #2
This was defendant's older sister. She is 4 years older than he is. She talked about how she and defendant grew up in the "hood". She said the defendant got along very well with his (6 other) brothers and sisters. She said defendant was affected significantly when he dad died, because he was in prison at the time. She said she continues to support defendant and, if given life in prison, would continue to visit him.

Civilian Witness #3
This witness was defendant's other older sister. She is 9 years older. She was always very close to defendant. When he became a teenager, she said defendant began hanging out with friends more and started drifting away from the family. She said she continues to support defendant and, if given life in prison, would continue to visit him.

Civilian Witness #4
This was defendant's 15 yo niece. She was very very close with defendant. They lived together and he was like her "brother". She said he was like her "best friend" and would always hound her to stick to her books and study hard. She said she continues to support defendant and, if given life in prison, would continue to visit him.

That concluded the testimony of the witnesses for both the State and Defense. Tomorrow, both sides will give their "closing arguments/summations either for or against the imposition of a death sentence."

The jury must first conclude, beyond a reasonable doubt, unanimously, that the State proved the existence of the statutory aggravator. (This shouldn't be a problem because we entered the certified record of the conviction.)

Next, the jury must "vote" (this need not be unanimous) on, after weighing all aggravating factors and mitigating factors, whether they find by a preponderance of the evidence that the aggravating factors outweigh the mitigating factors. Again, this need not be unanimous. The jury simply "votes" and submits that "vote" to the judge.

A vote that the aggravating factors outweigh the mitigating factors is essentially a vote for the death sentence. A vote that the mitigating factors outweigh the aggravating factors is essentially a vote for life in prison.

The judge is then required by law to give "great weight" to the vote submitted by the jury.

After the jury gives its vote to the judge tomorrow, the Court will schedule a sentencing date later on...and actually sentence the defendant later.

[welch]

The defense's "mitigation" seems awfully weak. Your aggravating circumstances seem very strong.

[Redskins Rule]

He then beat one guy over the head with a bottle. While that guy was on the ground, another guy went into his house an retrieved a gun. He came out and shot the guy on the ground. After that, the defendant continued to kick him while he was down.

This is one cold hearted person!!! He breaks a bottle over a dudes head and as if thats not enough his friend shoots the guy and thats still not enough so.....HE KICKS HIM!!! This is one cold hearted dude. I hope he dies! Either way thanks for getting him off of the street.

[Justice Hog]

PENALTY PHASE - DAY TWO

We did closing arguments today..and the case was submitted to the jury.

After about 3 hours, the jury returned with the following vote:

7 - 5 in favor of the imposition of a death sentence.

This case will now be scheduled for "sentencing" at a later date. The decision regarding the defendant's sentence now falls exclusively on the judge.

For now, my work is done.

I'll post my next "progress report" when the defendant is sentenced.

[cvillehog]

Is there a time restriction for the defense filing an appeal to either the trial or penalty phases?

[joebagadonuts]

for some reason, i thought the jurors had to all be in agreement for a death sentence to carry any weight. does the fact that the jury was somewhat split have an impact on the decision the judge makes? or if the majority votes for the death penalty, does the judge usually follow suit?

[Justice Hog]

Is there a time restriction for the defense filing an appeal to either the trial or penalty phases?

There is a time restriction...but the "start" date is the date of sentencing. If the judge orders the death penalty, there is an automatic appeal pursuant to statute.

[Justice Hog]

for some reason, i thought the jurors had to all be in agreement for a death sentence to carry any weight. does the fact that the jury was somewhat split have an impact on the decision the judge makes? or if the majority votes for the death penalty, does the judge usually follow suit?

The jurors have to be "unanimous" in deciding whether the "statutory aggravating factor" exists. They, in fact, decided 12-0 that one existed in this case. On the issue of whether a death sentence should be imposed, their "vote" is taken...and need not be unanimous...and is to be given "great weight" by the judge at sentencing time.

The fact that the vote was 7-5...and not 10-2 or 12-0 will surely have an affect on the judge's decision.

To answer your final question, I think the judge will generally follow the lead of a jury that votes in a large marjority for the death penalty (i.e., 10+ votes); however, I do recall one judge in Delaware that, notwithstanding the jury's vote of 11-1 in favor of death, still gave the defendant life. Go figure.

It is now in the judge's hands.