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| S.C. High Court Grants Death Row Inmate New Trial |
| By Associated Press |
| Published: 02/06/2006 |
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A South Carolina death row inmate has been granted a new trial after his original attorney failed to put up an effective defense during his trial, the South Carolina Supreme Court ruled. The state's highest court overturned Robert Lee Nance's conviction because his lawyer was heavily medicated during trial, called just three witnesses and didn't even plead for his client's life during sentencing. "We find it most compelling that in the present case counsel abandoned his role as defense counsel and in fact helped to bolster the case against his client," Chief Justice Jean Toal wrote in the unanimous decision last week. The state Supreme Court had previously granted Nance a new trial but that order was vacated by the U.S. Supreme Court because state justices didn't use the right standard the first time it granted a new trial, Nance's attorney Bill Nettles said. Nance was convicted in 1992 of killing 73-year-old Violet Fraley and attacking her husband, Robert. The Florence couple had gone to bed, but awoke after a man knocked on the door and asked to use the phone because his truck broke down. The man eventually forced his way into the home and stabbed Robert Fraley with a screwdriver, leaving him in the hospital for 13 days. Nance also was convicted of raping Violet Fraley, attempted murder, burglary and armed robbery. He was pulled over driving the couple's Cadillac, with blood on his clothes. The court said Nance's original attorney was taking various prescription drugs during the trial and suffered from pneumonia, alcoholism and congestive heart failure. Nance's co-counsel had only been practicing law for 18 months and interviewed only one family member - Nance's mother. The court listed seven reasons for granting him a new trial including that the proceedings had just begun when co-counsel "communicated to the jury that neither he nor defense counsel wanted to be there" and then gave just a seven-minute presentation during the sentencing phase. The defense also failed to qualify its own expert for a guilty but mentally ill defense. "The South Carolina Supreme Court rightly identified this as a classic example of how not to try a death penalty case," Nettles said. "The defense did not bring the jury all the information they needed to make an intelligent decision." Nance's original attorney has since died, Nettles said. State attorney general spokesman Trey Walker said the office would ask for a rehearing from the state Supreme Court, and if unsuccessful, would appeal the case to the United States Supreme Court. |
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