Mason Scott, six years old the time of his death. 998.) The Carroll Court stated the following concerning the relevance of the wishes of the victim's family: [I]n light of the wish of the victim's family that Carroll be sentenced to life imprisonment without parole rather than sentenced to death, evidence that was admitted without objection, we find it hard to reconcile the trial court's reliance upon the pain of the victim's family as one of its reasons for overriding the jury's recommendation. The Thomas Court stated: The trial court cannot merely accept the specific reasons given by the prosecutor at face value. Licensed as a Mental Health Counselor in Washington State and Marriage and Family Therapist in Oregon (and certified in substance use treatment), I have the privilege of working with clients through telehealth (video) as their online therapist in Oregon and Washington State. The following occurred during voir dire questioning: [Prosecutor]: [Y]ou said that if there is a murder or a death, there should always be the death penalty. There is no reason to disturb the jury's verdict in this case. ]: Certain crimes just make me sick, you know. Cpt. In this case, evidence showed that the clothes burned in the first of the two February 1987 fires had been in a closet in Ms. Briggs's home immediately before the fire, and that the appellant was the only one in the house at that time. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ala.Code 1975, 13A545(f). See, e.g ., International Telecommunications Sys. Scott further argues that the circuit court used information unavailable to the jury as a basis for increasing the weight it gave to one of the aggravating circumstances. In arson cases, the trier of fact usually draws inferences from circumstantial evidence: [T]here is rarely direct evidence of the actual lighting of a fire by an arsonist; rather, the evidence of arson is usually circumstantial. Anna Kay Greenhill, an employee of Hello Gorgeous, testified that on Saturday at around 2:00 p.m. on the day of the fire Scott and Jeremy came to the salon for Jeremy to get a haircut. Both of Scott's experts testified that the fire originated in the television cabinet and not near or around outlet number 3. We can find no legal basis for disturbing the circuit court's sentence in this case. The second best result is Christie Lesley Scott age 50s in Boaz, AL. Count I charged that Scott murdered her son Mason for pecuniary gain; Count II charged that Scott murdered Mason during the course of an arson; and Count III charged that Scott murdered Mason, a child under the age of 14. Thornton further testified that outlet number 2, the outlet behind Noah's bed, was never removed from the wall because it was melted out; this outlet was photographed. The court also found as nonstatutory mitigating circumstances: that Scott was loved, that Scott's death would have an impact on her surviving son, that Scott had helped people throughout her life, and that the jury had recommended a sentence of life imprisonment without the possibility of parole. 1712, 90 L.Ed.2d 69 (1986), motion because, she says, the prosecutor used two of his peremptory strikes to remove black prospective jurors without having or providing race-neutral reasons for removing those jurors. Thornton said that firefighters sifted through the fire debris for 8 to 10 hours but were unable to locate this missing outlet. The Hammond court concluded that it would continue to rely on the following three-part analysis pursuant to the due process requirements of the Delaware Constitution, 569 A.2d at 87: [I]f the duty to preserve evidence has been breached, a Delaware court must consider (1) the degree of negligence or bad faith involved; (2) the importance of the missing evidence, considering the probative value and reliability of secondary or substitute evidence that remains available; and (3) the sufficiency of the other evidence used at trial to sustain conviction. . (R. The Court: You couldn't put that knowledge out of your mind and go solely on what the evidence from the witness stand is? A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. She merely stated that arrangements would have to be made. See 13A553(b)(1), Ala.Code 1975. See also Cherry v. Audubon Ins. This Court reversed the circuit court's suppression order on the authority of Youngblood. All right. and M.W. Rule 403, Ala. R. See Haney. The Court stated: Because Ross [v. Oklahoma, 487 U.S. 81, 108 S.Ct. Duren v. State, 590 So.2d 360, 364 (Ala.Cr.App.1990), aff'd, 590 So.2d 369 (Ala.1991), cert. We stated: In its order, the trial court outlined its reasons for overriding the jury's verdict recommending a sentence of life without parole. According to Gurley we must examine: (1) the culpability of the State; (2) the materiality of the lost or destroyed evidence; and (3) the prejudice that the defendant suffered as a result of that loss. She asserts: While acknowledging Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), Scott maintains that Ring invalidates critical aspects of Alabama's capital sentencing scheme and renders her death sentence unconstitutional (Scott's brief at p. Thornton testified that he originally thought that this outlet came from another location in the house but upon closer inspection of the outlet and the numerous photographs he realized that this outlet was taken from one of the outlets cut from Mason's bedroom. The particular instructions that you presented me in regard to intentional, I'm not going to present. Scott next argues that the circuit court erred in denying her Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. Accordingly, we find no error. answered that she only had some faith in the Russellville Police Department, that her brother had been convicted of assault, and that she had a family member or friend who had been murdered. Alabama law requires the existence of only one aggravating circumstance in order for a defendant to be sentenced to death.. We also conclude that that balance will necessarily be drawn differently in every case because fundamental fairness, as an element of due process, requires the State's failure to preserve evidence that could be favorable to the defendant [t]o be evaluated in the context of the entire record. Hammond, 569 A.2d at 87 (quoting United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct. Christie A Scott, age 50 The circuit court denied the motion. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. ); Goff v. State, 14 So.3d 625, 665 (Miss.2009) (Goff's claim that Mississippi method of inflicting death by lethal injection constitutes cruel and unusual punishment was dispositively rejected in favor of the State by the United States Supreme Court's holding in Baze v. Rees and by this Court's holding in Bennett v. State [, 990 So.2d 155 (Miss.2008) ].); O'Kelley v. State, 284 Ga. 758, 770, 670 S.E.2d 388, 399 (2008) ([W]e conclude that O'Kelley failed to meet the standard as enunciated by the United States Supreme Court for finding a state's lethal injection procedures cruel and unusual, in that he has not demonstrated that Georgia's procedures create a substantial risk of serious harm. ). There was evidence indicating that everything else mounted on the walls at the same height as the smoke detectorthe electrical box that housed the smoke detector, a thermostat, a wooden doorbell cover, and a picture framehad sustained serious heat damage or had melted completely. 1520, 170 L.Ed.2d 420 (2008). Scott specifically challenges three instances of what he asserts constituted ex parte communications between the judge and the jurors. This appeal, which is automatic in a case involving the death penalty, followed. may have a close relationship with some individuals who, either family or friends, with some individuals who have a strong dislike toward the Russellville Police Department. The State asserted that the statement was an excited utterance; therefore, it argued, it was an exception to the hearsay rule. The Alabama Supreme Court, in setting aside the death sentence, stated: [T]he death penalty should be carried out only after this Court has found it appropriate to do so by independently weighing the aggravating and mitigating circumstances. Ex parte Hays, 518 So.2d 768, 780 (Ala.1986) (opinion on rehearing). There are 45 other people named Scott Christie on AllPeople. McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. Thornton testified, Scott moved to dismiss the indictment based on the mislabeling of this outlet. denied, 595 So.2d 914 (Ala.1992) (quoting Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)). To invoke the statute the proponent of the evidence must first establish that the proffered physical evidence is in fact the very evidence connected with or collected in the investigation. Moreover, [i]n Land v. State, 678 So.2d 201 (Ala.Cr.App.1995), aff'd, 678 So.2d 224 (Ala.1996), a case which appears to rely on 122113, this court ruled that where a witness can specifically identify the evidence, and its condition is not an issue in the case, then the State is not required to establish a complete chain of custody in order for the evidence to be admitted into evidence. 2 So.3d at 930. During voir dire, after Scott read the juror questionnaires, Scott renewed her motion for a change of venue. Therefore, the appellant's argument is without merit.. She doesn't want to serve, but I don't think that's a legally justifiable excuse to let her out of service. Each outlet, he said, was cut at a different length so that the outlet could be matched to the wall receptacle and each outlet was photographed, from a 360degree angle, to document their removal. The circuit court committed no error in denying Scott's motion to remove juror L.H. 48182.) The prosecutor's comments and the trial court's instructions accurately informed the jury of its sentencing authority and in no way minimized the jury's role and responsibility in sentencing. Weaver v. State, 678 So.2d 260, 283 (Ala.Cr.App.1995), rev'd on unrelated grounds, 678 So.2d 284 (Ala.1996).. The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. Was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, September. 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