Name/DOC #

Cornelius Singleton

Address

Holman Prison/Deceased November 20, 1992

Date of Birth

April 14, 1956

Race

Black

Date of Crime

November 12, 1977

Age Time of Crime

21

Date Sentenced

July 1978

Victims

Sister Ann Hogan

Race of Victims

White

Relationship to Defendant

None

Facts Alleged by State

Murder and robbery of Sister Ann Hogan in Catholic Cemetery in Mobile, AL

County of Trial

Mobile

Trial Judge

Ferrill D. McRae

Trial Attorney

Reggie Stephens & Mike Scheuermann (Mobile) 1978; Gary Porter Mobile

Prosecutors

Charles Graddick

Trial By

Jury

Race of Jurors

White

Convicted of

Capital murder-sentenced to death

Confession

Coerced and dictated by prosecutor

Accomplice Testimony

No

Eyewitness Testimony

Yes, of other suspects, mainly a white man with long blonde hair

Forensic Testimony

· No fingerprints of his in stolen truck or at crime scene

· Blood on blouse of nun with outline of hand on back of blouse–no testing

Jailhouse Snitch

Someone Singleton referred to as Pootenany put in cell with him to get confession

Defendant Testimony

No-wanted to testify about his innocence

Principal Exculpatory Evidence

· IQ of 55-67

· Mental age of seven

· Waived Miranda rights without knowing

· Coerced, dictated confession

· Girlfriend put on his lap during confession

· Illiterate and signed confession thinking he was confessing to stealing sheets

· Could not drive standard shift truck

Sentencing Authority

Jury (judge had override)

Statutory Aggravating Factor

Theft of victim's watch

Non-Statutory Aggravating Factor

Previous record

Mitigating Factors

IQ, illiteracy, waiving of rights, coerced confession

Evidence of Mental Illness Retardation and or Neurological Damage

Retardation

Criminal History

· 1972–sentenced to 3 years for arson and burglary.

· Served full term, released in 1976

Appellate History

Based on fact that original attorney failed to use retardation as a mitigating factor for sentencing. Conviction overturned when U.S. Supreme Court found part of death penalty unconstitutional in AL. Retried in 1981, sentenced to death. All appeals failed

Ineffective Assistance?

· No investigation

· No challenge to all white jury

· No challenge to coerced confession

Police Misconduct?

Did not understand waiving of Miranda rights; Police Officer Bell told him where to walk and what to say at cemetery; failure to investigate other suspects

Prosecutorial Misconduct?

Prosecutor Graddick dictated confession

Appellate Counsel

Al Pennington-Mobile; Blair Brown (Wash., DC) and M. McDonald (Mobile)