Hands Off Cain
NORTH CAROLINA·DEATH PENALTY·NOVEMBER 2, 2000·1 MIN READ

David Smith, attorney for North Carolina death row...

David Smith, attorney for North Carolina death row inmate Russell Tucker, recently admitted that he purposely tried to sabotage the defence so that his client would be executed

David Smith, attorney for North Carolina death row inmate Russell Tucker, recently admitted that he purposely tried to sabotage the defence so that his client would be executed. The attorney met Tucker in prison and decided: "Mr. Tucker should be executed for his crimes." Smith added, "I decided that Mr. Tucker deserved to die, and I would not do anything to prevent his execution." As a result of the attorney's actions, an appeal was missed and Mr. Tucker's execution date was set for December 7. The state Supreme Court will decide whether to allow the appeal to be heard and if new counsel should be appointed. In a brief opposing the appeal, Forsythe County district attorney Tom Keith argued that Tucker "has no right to either 'effective assistance of counsel' or 'conflict-free counsel' under the state or federal Constitutions." Attorney General Mike Easley, the Democratic candidate (elected) for governor, seemed surprised when asked about the state's position and said he wanted a look at the brief.
SOURCES
  • (Sources: Associated Press 02/11/2000)