GUILTY AL - J.B. Beasley & Tracie Hawlett, both 17, murdered, Ozark, 31 July 1999 *ARREST in 2019* #5

From my brief research and there’s probably recent decisions to question my opinion but in general courts dismissed jury misconduct claims that the Internet usage is prejudicial to defendant. Courts find there’s no outside influence in juror Internet activity. The courts don’t approve of jurors Internet actions and will most times replace that juror but they refuse to grant mistrial or toss out jury conviction.

QUOTE="Blacklist, post: 18391123, member: 237921"]
In Re: July 17th Post-Trial hearing.

12 Subpoenas were filed/requested late yesterday by the Defense Counsel. I will not post the actual subpoenas or names out of WS and personal policy. However I can state that all persons subpoenaed were not any of those that were subpoenaed or publicly connected to the original trial.

It is an obvious assumption that these potential witnesses are connected to the allegations of juror misconduct. Social media or otherwise.

Stay tuned folks.
Justice On Friends!!!
[/QUOTE]
 
Just an observation, it’s possible we were too focused on the justice from the Guilty verdict that we didn’t failed to anticipate Defense maneuvers to take back that justice. If anything, we’ve learned from this case not to be so quick in assuming justice has been served, false hope from several solid POI and recanted statements in police cover up and involvement in deaths. The road to justice has been detoured and blocked along the way but always cleared to move on.
 
From my experience of working in the Criminal Justice Field for 37 years, the defense motions are nothing more than "standard operating procedures". They are desperate and these motions are just a "Hail Mary" by throwing everything against the wall hoping that something sticks. Unless they can prove that a jurist was unduly misled by something on social media, these motions will be denied.
 
No surprise here. The State has filed motions to quash all defense subpoenas in the upcoming hearing for new trial.
Probably no need in the end game, but to not act would be poor practice

Justice on my friends!!
 
No surprise here. The State has filed motions to quash all defense subpoenas in the upcoming hearing for new trial.
Probably no need in the end game, but to not act would be poor practice

Justice on my friends!!
I would ask his Church supporters who say what a wonderful man he is that what part of the Bible says its ok and God fearing to R-word and murder two 17 year old girls then leave them in a trunk while walking free for 20 years? Is that the old testament, new revised standard 1999 version or is it somewhere in the back of the book?
 
For some reason unbeknownst to me the case outside of Alabama was largely ignored
 
For some reason unbeknownst to me the case outside of Alabama was largely ignored
Mr Redding, this court is very conservative, ill leave it at that. Not implying corruption on the part of the judge just literally decades behind the times, ex. many letters and motions have been sealed, some by former law enforcement officers. Aditionally the judge refuses to release the transcripts of testimony in the trial or allow recordings in the courtroom. For example finding and obtaining the copy of the document attached costs $14.99. Alabama has constructed these paywalls such as Alacourt to make it difficult and expensive to get accurate information. This makes it very hard for any kind of in-depth or long form journalism. Journalists have been there and i think after this hearing is decided there will be some publishing by NPR, possibly 60. min, dateline , the Guardian and a few others. Below is the state's response to the motion for a new trial btw.
The core issue per the defense is the inability to put up a third party defense (someone else did it) and the allegation of Brady violations. Fillmore is very conservative and my guess, if it is resolved, it will be at the appeals level not with him. Again underscore NOT implying corruption, this is within the judge's discretion as I understand it. Brady rules which seem clear are actually not clear at all and there is no real mechanism to enforce them in the state. A prosecutor for example can be guilty of prosecutorial misconduct for not turning over information favorable to the defense that he/she had no knowledge of which seems strange.
The best information about this case are the records of the investigation conducted by the State's cold case unit / Agent Shawn Smith (now deceased) and the defense alleges these were not made available. I am not thinking McCraney is innocent but Smith's work would be at a higher level than anyone involved. If there was favorable info for the defense this is where it would be. He would have looked at every angle including what the Marshall likes to characterize as "rumours".
 

Attachments

  • State's Response and Objection to Motion for New Trial - 26-CC-2019-000187.00 - STATE OF ALABA...pdf
    762.4 KB · Views: 13
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Somehow in my resposne to Mr redding the full document from the state responding to the defense's motion for a new trial was not sucessfully uploaded. It only shows 2 pages, below is the full document. It is interesting to note how they handled the subject of potential Brady violations and third party issue.
"None of McCraney’s contentions have nearly enough detailed specifics to show either the Court erred, or the alleged errors rise to a level of clear abuse of discretion.
For example, in paragraph 7, McCraney argues that the Court erred by not allowing the defense to present third-party evidence while allowing the state to make a third-party reference in closing. But he fails to allege what the specific evidence was, much less allege how this Court abused its discretion in making its ruling. Thus, McCraney’s claim of error should be rejected."
Full document is attached below.
 

Attachments

  • 20230712_states repsonse to motion for new trial.pdf
    207.6 KB · Views: 8
I feel from best knowledge and belief, the hearing on the 17th will produce no surprise, a retrial will be denied. The Defense motion is shallow without supporting information. As a side note, re-trials are well less than commonly ordered at the level of Court of original jurisdiction. I have seen it come in the 33rd circuit only once myself and that was fought by the State well past the State Supreme Court.

Yes, any hope for a successful appeal rests within the appellate course that the case will take. In fact, I expect a future formation the argument of ineffective counsel to be presented sooner than later. Watching the evolution of this case, that just might be a prudent route of action.


In any case, have a great weekend friends!!

Justice On!!!


”Alacourt, ********my friend, you are fortunate to have a plentiful and open source of case information with minimal time and almost negligible cost involved. I suggest you use it vigorously.” - Jeremy Armstrong, friend and attorney from many years back.
 
Setting Date: Monday July 17, 2023
Judge WILLIAM H. FILMORE

Case Number TimeName
Judge WILLIAM H. FILMORE
26-CC-2019-000187.00 10:00AM MCCRANEY COLEY LEWIS
26-CC-2019-000188.00 10:00AM MCCRANEY COLEY LEWIS
26-CC-2019-000189.00 10:00AM MCCRANEY COLEY LEWIS
26-CC-2019-000191.00 10:00AM MCCRANEY COLEY LEWIS

link: Alacourt ACCESS V2.0
 
Monday, July 17th:
*Motions Hearing (for new trial) (@ 10am CT) – AL – J.B. Hilton Green Beasley (17) & Tracie Jean Hawlett (17) (reported missing July 31, 1999, Ozark & found August 2, 1999 in trunk of car) - *Coley Lewis McCraney (25 @ time of crime/45/now 49) arrested (3/15/19), charged (3/16/19) & indicted (6/6/19) with 2 counts of 1st degree murder, 2 counts of 1st degree murder while in the act of murdering two or more persons & 1 count of 1st degree rape (Beasley). Plead not guilty. Held without bond. Denied bond request 11/15/22. DA will seek DP.
Parabon Nanolabs GEDMatch DNA.
Trial began on 4/17/23 with jury selection & ended on 4/18/23. 12 jurors & 2 alternates. (7 men & 7 women/2 men alternates). Juror dismissed (4/20/23). Now 12 jurors & 1 alternate (6 men & 6 women/1 man alternate). Jury started deliberations on 4/25/23 & ended on 4/26/23 with a total deliberations: 7 hours. Guilty of all charges. Sentencing phase (4/26-4/27/23): took 15 minutes for verdict of life in prison without the possibility of parole. Sentencing hearing on 6/15/23. 6/15/23: Formally sentenced to life without parole.
Trial began with opening statements began on 4/19/23. State rested their case on 4/21/23. Defense rested their case on 4/25/23.

Court information from 4/3/19 thru 4/28/23 reference post #923 here:
https://www.websleuths.com/forums/t...17-ozark-31-july-1999-5-arrest.465871/page-47

5/24/23 Update: Motion for a new trial filed by defense attorneys Andrew J. Scarborough & David J. Harrison. There is a list of exhibits filed. It mostly consisted of screenshots from social media allegedly made by a juror or jurors during the trial. The Court has set a hearing date of 7/17/23 for a hearing on these motions. His sentencing date is 6/15/23.
6/15/23 Update: On Thursday, Dale County Circuit Judge Bill Filmore formally sentenced convicted teen killer Coley McCraney to life without parole. The sentencing was a formality required to affirm punishment given in April by the jury that convicted McCraney of murdering two 17-year-old Dothan students long ago. Afterward, defense attorneys say they plan to allege juror misconduct during a new trial motion & appeals if a judge denied that request. Attorney Andrew Scarborough believes jurors were using social media during deliberations & may have decided on punishment before hearing closing arguments during the trial’s penalty phase. Dale County Judge Bill Filmore, who sentenced McCraney, will preside over that new trial request. Motions hearing for new trial on 7/17/23 @ 10am.
6/26/23 Update: 12 Subpoenas were filed/requested late yesterday by the Defense Counsel. 7/7/23: The State has filed motions to quash all defense subpoenas in the upcoming hearing for new trial.
 
Monday, July 17th:
*Motions Hearing (for new trial) (@ 10am CT) – AL – J.B. Hilton Green Beasley (17) & Tracie Jean Hawlett (17) (reported missing July 31, 1999, Ozark & found August 2, 1999 in trunk of car) - *Coley Lewis McCraney (25 @ time of crime/45/now 49) arrested (3/15/19), charged (3/16/19) & indicted (6/6/19) with 2 counts of 1st degree murder, 2 counts of 1st degree murder while in the act of murdering two or more persons & 1 count of 1st degree rape (Beasley). Plead not guilty. Held without bond. Denied bond request 11/15/22. DA will seek DP.
Parabon Nanolabs GEDMatch DNA.
Trial began on 4/17/23 with jury selection & ended on 4/18/23. 12 jurors & 2 alternates. (7 men & 7 women/2 men alternates). Juror dismissed (4/20/23). Now 12 jurors & 1 alternate (6 men & 6 women/1 man alternate). Jury started deliberations on 4/25/23 & ended on 4/26/23 with a total deliberations: 7 hours. Guilty of all charges. Sentencing phase (4/26-4/27/23): took 15 minutes for verdict of life in prison without the possibility of parole. Sentencing hearing on 6/15/23. 6/15/23: Formally sentenced to life without parole.
Trial began with opening statements began on 4/19/23. State rested their case on 4/21/23. Defense rested their case on 4/25/23.

Court information from 4/3/19 thru 4/28/23 reference post #923 here:
https://www.websleuths.com/forums/t...17-ozark-31-july-1999-5-arrest.465871/page-47

5/24/23 Update: Motion for a new trial filed by defense attorneys Andrew J. Scarborough & David J. Harrison. There is a list of exhibits filed. It mostly consisted of screenshots from social media allegedly made by a juror or jurors during the trial. The Court has set a hearing date of 7/17/23 for a hearing on these motions. His sentencing date is 6/15/23.
6/15/23 Update: On Thursday, Dale County Circuit Judge Bill Filmore formally sentenced convicted teen killer Coley McCraney to life without parole. The sentencing was a formality required to affirm punishment given in April by the jury that convicted McCraney of murdering two 17-year-old Dothan students long ago. Afterward, defense attorneys say they plan to allege juror misconduct during a new trial motion & appeals if a judge denied that request. Attorney Andrew Scarborough believes jurors were using social media during deliberations & may have decided on punishment before hearing closing arguments during the trial’s penalty phase. Dale County Judge Bill Filmore, who sentenced McCraney, will preside over that new trial request. Motions hearing for new trial on 7/17/23 @ 10am.
6/26/23 Update: 12 Subpoenas were filed/requested late yesterday by the Defense Counsel. 7/7/23: The State has filed motions to quash all defense subpoenas in the upcoming hearing for new trial.
Thank you for the information
 
I feel from best knowledge and belief, the hearing on the 17th will produce no surprise, a retrial will be denied. The Defense motion is shallow without supporting information. As a side note, re-trials are well less than commonly ordered at the level of Court of original jurisdiction. I have seen it come in the 33rd circuit only once myself and that was fought by the State well past the State Supreme Court.

Yes, any hope for a successful appeal rests within the appellate course that the case will take. In fact, I expect a future formation the argument of ineffective counsel to be presented sooner than later. Watching the evolution of this case, that just might be a prudent route of action.


In any case, have a great weekend friends!!

Justice On!!!


”Alacourt, ********my friend, you are fortunate to have a plentiful and open source of case information with minimal time and almost negligible cost involved. I suggest you use it vigorously.” - Jeremy Armstrong, friend and attorney from many years back.
unfortunately your friend did not know the actual meaning of "open source of case information".
 
unfortunately your friend did not know the actual meaning of "open source of case information".
Open source does not always mean cost free or without cost of service as determined, It refers to accessibility.
If one does not have an actual full access Alacourt account, any publicly available documents are available to view for free at the Circuit Clerk’s Office. They may even give you a printed copy for a very small fee.

Hope this helps

Justice On Friends!!!
 
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McCraney has been transferred to Kilby Correctional Facility. Please note placement this will be on temporary for initial medical and psychiatric background evaluation. This location will most like not be his final destination.

Justice On My Friends!!!
Thank you for sticking with this case.
 
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