# Opposition Brief — South Carolina v. Gathers > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385012_0244%3A03 ## Record - **Collection:** Supreme Court brief - **Document type:** Opposition Brief - **Published:** January 1, 1989 - **Citation:** 490 U.S. 805 ## Text IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 198% NO. 88-305 STATE OF SOUTH CAROLINA, Petitioner, EDITOR'S NOTE DEMETRIUS GATHERS, THE FOLLOWING PAGES WERE POOR HARD COPY AT THE TIME OF FILMING. IF AND WHEN A BETTER COPY CAN BE OBTAINED, A NEW FICHE WILL BE ISSUED. | BRIEF IN OPPOSITION TC PETITION FOR WRIT OF CERTIORAR? Respondent. WILLIAM ISAAC DIGGS Chief Attorne” 0 t ee oc rh rr QUESTIONS PRESENTED Se Whether the Court should deny the Petition because the South Carolina Supreme Court vacated Respondent's death sentence pursuant to an adequate and independent rule of state law? Il. Whether the Court should deny the Petition because the South Carolina Supreme Court correctly interpreted the Eighth Amendment in vacating Respondent's death sentence? TABLE OF CONTENTS Grin ee. „ TABLE OF AUTHORITIES CASES Booth v. Maryland, 482 U.S. __, 108 S.Ct. 1860, 100 rd KAP Eddings v. Oklahoma, 455 U.S. 105, 102 S.Ct. 869, 7 r A 12?cc9ccc a ĩ l International vis, . " . TS 6.0.98 SED GEUEED ccccccesescecsnsauasauns Mills v. Maryland, U.S. __, 108 S.Ct. 1860, d- a 5 0 87 ; 1 — B Zant v. Stevens, 462 U.S. 862, 103 S.Ct. 2733, 2743, 77 L.¥d.2d 73 IIc State v. Allen, 266 S.C. 468, 224 8. E. 2d 881 State ». Gaskins, 284 S.C. 105, 326 S.E.2d 132, cert den., 471 U.S. 1120, 105 S. ct. 2368, eL State v. Gathers, 8. C.. 369 8. F. 2d 140 eee eee eee CONSTITUTIONAL PROVISIONS: Eighth Amendment to the United States . 060606686686666600060000060088 Fourteenth Amendment to the United States a err ee §06640666050066068666 PAGES 8,9,10,11 10 10 7,8 IN THE SUPREME COURT OF THE UNITED STATES October Term, 1985 No. 88-305 STATE OF SOUTH CAROLINA, Petitioner, ft „% — „% — A. Yes, t Q. Several times during the few weets right before you made that second written stetement? A. Yes, it wae. 8. Did you tnow when you went hose thet Saturday night, when Wendell Lee toot you howe, did you tnow thet Bichard Baynes had been stabbed with « enife? a. Yes, = did. fe) Because zende told you he hed done it? a. Mo, I don't. Se didn't say thet. Q. You den t see it? a Mo, I didn t. 0 You got copies of both these stetesent you sede both the written stetesents? aA. I don't have copies. 0 Were you provided copies? A. Yes, - was. . You cen read? A. Yes, I can. 8. You deve read them before today? a. Tes, sir. Q- Bow on Saturday, September led, you all in fect -- you and Demetrius end tandell, the three of you were in « number of other places thet you haven't ber lere, isn't thet right? - ff 8&2 & @& A. Yeo, I wae. 8. And you een t mention thes dect you e t think hey were important? a. Bo, = didn’t. . Well you were et the Ashleyville P.ayground somet ise im the lete efternoon, lernt thet right? * Yes, we were. 8. And you @ll, with some other fellows, got 6 ride with @ @c. Siapors --- A. Yes, it was. 8. —— te Orleens Gerdens? A. Yes, sir. 8. And thet ie @ growp of erteerte ir ar res der Citedel Mali? a. Yes, it is. 8. ves were there for just a few sinutes? A. Yes. 6. Ane tandell was there because he thought he «new somebody whe Bight have some paricuara, isn’t that tagee? A. Yes, it is. S. Set Sandel: wasn't able to find the fellow that he anew thet hed the sarijwene, is thet right? a. Right. TSE COURT: Som, take your hand free your Bouth. 16 BY MR. KENT: Q. You wanted to smoke some marijuana, but it wasn't available, is that it? A. Yes, it is. Q. From there this group got a ride to Moska's Pool Hall on Wappoo Road, isn't that right? A. Yes, it is. Q. Now did you do any beer drinking there? A. I didn't. Q. Who did? A. Well Dyonzoria, Demetrius, Mr. Hayes. Q. Mr. Hayes. Now this was all before you ever started out on all this walking back and forth between Ardmore and the Magic Mart, isn't that right? A. Yes, it is. Q. Now this Magic Mart you are referring to is the convenience store on Highway 61, just west of Playground Road, isn't that right? A. Yes, it is. Q. And isn't it a fact that, when you all go there fror this area of the Starcastle Apartment and the bike pa t h. that you all cut through the apartments that are right behind the Magic Mart? A. Yes, we do. Q. And in doing so it's just a matter of a few blocks A-54 oo @oF NY DB YY f& Wwe Re a a a a a” ee en en ee ee a ee „ @ K e Be SH a Ke & we HS OS lO — .__, until you es in the West Oak Porest section; isn't that right? A. Yes, it is. Q. And, of course, the West Oak Porest section is right alongside of the Starcastle Apartments, isn't that right? A. Yes, it is. Q. And isn't it a fact that there aren't any streets that run from Ardmore over into West Oak Porest? [Isn't that right? A. Yes. Q. There is a tract of land that runs from Highway 17 back towards Highway 61 that separates those two subdivisions? Is that right? A. Yes, it is. Q. Now it is in that tract of land that separates those two areas that this portion of the bike path where the bench and so forth is. That is where it's located, isn't that right? A. I don't understand you. Q. Well, as you go out west -- or south as the signs say — on Highway 17 from town, the first subdivision you come to is West Oak Porest? 5 Prom Highway 177 Q. Yes. And talking about the areas that we are concerned with here. Doesn't West Oak Porest come before 4-55 so ont Kn K ⏑ — eee ee e t e ee eee hw uw Ardmore? A. Yes, it does. Q. And between those two areas there is a tract of land that separates them, and there is no road or street that goes between those two places, isn't that right? A. Yes. Q. But they are connected by the so-called Bike Path Park, isn't that right? A. Yes, it is. Q. It is in this area that the Starcastle Apartments are aiso located? Yes? A. Yes, it is. Q. And the Starcastle Apartments are a series of two-story buildings that are built all ina Single file; isn't that right? A. Yes, it is. Q. And that tract of land separates the West Oak Forest section from the Ardmore section, right? A. Yes, it does. Q. And when you get on the bike path from the short path that leads from the Starcastle parking lot, you are actually moving diagonally between the west Oak Porest section that you all live in and the Ardmore section, isn't that right? A. Yes. 618 o e er that? A. I don't understand you. Q. Today? A. No. Q. Isn't it a fact that it's in neither one of these Statements that you have made in writing to the Charleston City Police? AL It is. Q. It is? A. It should be in the second one. Q. You think that you got it completely straight in the second story? A. Yes, I do. MR. KENT: Do we have the original of that so ont fn YF es Ww Ne — — — — w NY OC - 8 8 LS) Ls) NR 0 we be be —— — K h — 9 mm c 3 5 14 | statement in the courtroom, the second statement? MR. CONDON: Are you asking me a question? MR. KENT: Yes. Your Sonor, I would ask that it be shown to this witness so he can inspect it. I would like him to point that out for me. MR. CONDON: Your Honor, I have no objection to both these statements being offered into evidence. MR. KENT: I have got a zeroz copy here, if I would be permitted to show that to this witness, Your Honor. THE COURT: Do you want to mark it for identification? MR. KENT: I am not concerned about introducing it into evidence. 1 just want to get straight with these stories, Your Honor. THE COURT: Well, let's mark it for identification if he is going to identify it. MR. KENT: Pam, would you mark this for identification purposes? Could we use the original instead, Your Honor? MR. CONDON: It may take some time for us to find it. THE COURT: You have got a pretty clean copy? MR. KENT: This one — Your Honor, this one is clear, yes. A-84 oo ont e NO Ny NY NH NHN NHN NOY — — — — — — — — — W KE S » — - ẽů⅛ü— W · mK« m 2 — 8 THE COURT: Mr. Solicitor? MR. CONDON: Your Honor, I believe this copy is pretty clean. MR. KENT: I hate to give up the only copy I've got. THE COURT: You can use this. (Thereupon, the document was marked Defendant's Exhibit 1 for identification purposes only.) MR. KENT: Would you please --- THE COURT: Do you want him to identify it? MR. KENT: Sir? THE COURT: Do you want him to identify it? MR. KENT: Yes, please. BY MR. KENT: Q. Esdavan, do you recognize the copy that has been given you as being the statement made and signed by you on March Sth, 1987? A. Yes. Q. Just to -- let me see if I can help you here, go through it briefly. Right in the beginning you say: In reference to the statement I gave to the City Police on September 16th concerning the murder on the Ardmore bike path, there are additional facts I would like to incorporate into this statement. These changes are -- and then you go on to tell them. Now would you take a A-85 co ont ono YF e&s Ww NH & ~ o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 look at that and show me where Demetrius is giving Zandell the knife back? A Okay. (Witness reading) I don't see it. Q. It's not there, is it? A. No, it isn't. Q. Well in your first statement, the one back in September, you told the police that Dee Brown had the knife at the apartments, isn't that right? A. That's right. Q. Now have you decided that that is just completely wrong? A. Yes, I have. Q. Zandell definitely did have the knife on the way to McNeal's right after he had come from the bike path and had been there alone for some time, isn't that correct? A. Well from the bike path, when Demetrius came back, he had the knife; and he told us that he had stabbed the man. He showed the knife to us. Q. Mr. Bayes? A. Ro, Demetrius. . You did not see the knife? A. Be shown it to us when he said that. Q. Isn't it a fact that when you all went over to McNeal's you knew that Zandell Bayes intended to fight that man? A-86 so @onvtefeywes ww WN rr cd v & ww h — W . K — 8 A. Yes, I did. Q. And indeed you knew that Dee Brown -- they had made it up for Dee Brown to go knock on the man's door and ask him out for a beer, isn't that right? A. I don't know what he asked him for, but he went to the door. Q. Be drew him out of the house? A. Yes. Q. And you and Zandell and Demetrius were out of sight, isn't that right? A. We were in the street. Q. And McNeal comes on out there? A. Yes. Q. And then there is the four of you and him? A. Yes. Q. Does Zan pull the knife out in front of Leon McNeal? A. No. They were talking, and he had the knife closed in his hand. Q. He already had it out? A. Yes. Q. Now McNeal runs away, and you all are afraid that he is going to get his gun? A. Yes. Q. And so you scatter? A. We run, yes. o ws GO Kk Ww WN — ~ WN W W W — — — H — — — — — — W K e NY — w- Oo h & WS HY CO * Q. There is a lot of excitement? A. Yes. Q. Isn't that right? A. Yes. Q. And everybody runs away? A. Yes. Q. And I believe you said that everybody collected back up at the Starcastle Apartments parking lot for just a minute? A. A brief moment. Q. Was that the parking lot at the end of the buildings down towards the woods there? A. No, it wasn't. Q. It was up towards Rose's? A. Yes, it was. Q. And Mr. Bayes was the last one to get there? A. No, he wasn't. All of us was together. Q. You were all together? A. Yes. Q. Ten tit a fact that Zan was a little bit longer getting there than the rest of you? A. I believe he was a little bit before the rest of us. Q. Be got there a little before you? Did you go straight there, or did you go up the street towards Bighway 61, up Rice towards 61, before you went over to o ont nn YY f& WY Re ~ — — 8 yn w NY NY N NH FY — — — Ye Ye — — W „ Ww — OF 8 @B SY HOY ee 652 | the Starcastle lot? A. We ran straight there. Q. You ran straight there? A. (Nodding affirmatively) Q. You think Zandell was first? A. Oh huh. Q. Have you seen the knife since then? A. No, I haven't. Q. Was the last time you saw it with Mr. Hayes there outside of Leon McNeal's house? A. Yes, it was. Q. Bas Mr. Bayes never told you what he did with the knife? A. No. Q. You never wanted to ask him? A. No. Q. You could have asked him at school. A. Yeah, I could have. Q. On the bus. A. (No response). Q. Isn't that right? A. Yes, I could have. Q. And you knew by Tuesday that Richard Baynes or some man had been killed on that bike path, did you not? A. Yes. A-88 A-89 o Dn YF ee Wwe Re 10 | | | Q. Now how did you get to the police station in September? Did they come pick you up? A. Yes. Q. Did you want to go? Were you afraid? A. Yes, I was. Q. You were veep reluctant, weren't you? A. I don't understand you. Q. You were scared? A. Yes. Q. Of the police, investigation of a murder. It was frightening, wasn't it? A. Yes, it was. Q. But you said in your statement of September 16th that you went there of your own free will? A. Yes, we did. Q. And, of course, you volunteered to tell everything you told in September also, is that correct? A. Yes. Q. Well the police told you, didn't they, that it would be better if you told the truth and that you would not be punished so severely if you told the truth than if you lied, isn't that right? A. I went down there with the intentions of telling the truth. Q. Isn't it a fact that the police told you at some 653 o ont M YF & 9 — W BR BH BH W?WZ-/'e. — — — — — — H— — — W K WwW NY — ow ẽůãvéf. W K ww ww — oO 654 point before you started making 211 these statements that you would not be punished so badly if you told the truth? A. Yes, it was. Q. But in March of this year you decided that the truth was considerably different from what it was in September, isn't that correct? MR. CONDON: Your Bonor, that would be a conclusion. I wouldn't have any objection to both statements being put into evidence and comparing them. But considerably different is a conclusion. He's not qualified --- THE COURT: He is on cross-examination. I don't -- MR. CONDON: Well, if I can go into it fully then. THE COURT: Just a second. Let's see if we --- MR. CONDON: If he wants to go into that --- THE COURT: Let's talk about it. (Thereupon, counsel approached the bench, and a bench conference was held.) THE COURT: Overruled. BY MR. KENT: Q. in all this beating around that took place before you — with all this tussling around, this man was not stabbed, isn't that right? o ont DB YF fe WwW Ke ~» 9 KY KY KY — — — — — eo — — W K . S -S A HW „ Whe — 8 A. Wo, he wasn't. Q. And when you left the bike path with him on it for the first and only time, he was -- Richard Haynes was some thirty or so feet out towards Ardmore from the bench, isn't that correct? A. About ten yards, yes. Q. And it was only in March that you remembered that Demetrius Gathers hit this man over the head with the umbrella handle, is that correct? A. I've had time since I have been in County Jail to remember lots of things. Q. Since you have been in County Jail you have had an opportunity to talk to the prosecutor several times before your March, 1987, statement also; isn't that right? ~ A. Yes, it is. Q. The fact is that when you talked to the prosecutors you would be brought down here to the courthouse, isn't that right? A. Yes. Q. Bow many times would you say you made chat trip, sir? A. About five times. Q. About five times. You enjoyed getting out of the jail? A-92 0 o Kk ww WN — — — — 8 A. Yes. Q. Not nuch air, and it's kind of uncomfortable in the jail, isn’t it, sir? A. Yes, it is. Q. You forgot to mention in September that you also went through that man's belongings, isn't that right? A. Yes, it is. Q. Were you afraid to tell the truth about that? A. No, I am not. Q. You know it was a crime? A. Yes, I do. Q. You knew it was a crime in September? A. Yes, I do. Q. But in March of 1987 you had already mace your dea. with the State of South Carolina, is that correct? A. I didn't make a deal. I just pled guilty to what = did. Q. Pardon me. I was only using the language cf the State. You pled guilty and had certain assurances, 2822 that correct? A. I had no assurances. Q. You have had the assurance that you won't be sittir in the electric chair or even put in danger of that, isn't that true, sir? A. I don't feel that I can get put in that as long as A-93 oo ont FD Wes WwW WH we 6 — — — — — — H— — — owo ost MOM²Q̊ GY ‚́ n E — 08 21 tell the truth. Q. Well we know you can't now, Esdavan. We know you can't now. When did you go to court and plead guilty to this misprision of a felony? Do you remember? A. I can't remember the date. Q. Does December 17, 1986, sound familiar to you, right before Christmas? A. Yes. Q. You talked to your lawyer after that? A. Yes, I did. Q. Right? A. Yes. Q. Your understanding is that you cannot be further prosecuted in connection with Richard Baynes‘ death so long as you tell the truth, correct? A. Yes. Q. Can you tell me what the State knows from any eyewitness other than what you tell them? A. I don't understand your question. Q. The State don't know anything other than what you tell them as an eyewitness, isn't that right? MR. CONDON: Your Honor, I object to that. THE COURT: That is argumentative. Ask him the question, he can answer it. BY MR. KENT: A-94 o e NY & — — — — — 2 w wn — 8 Zz 730 Q. Now in September you told the police that Dee Brown and Zan Bayes were standing over this man when he, Demetrius, jabbed him in the behind with the umbrella; isn't that right? A. Yes, I did. Q. That would have required you to see those two ner there, right? A. Yes, it would have. Q. That would have required you to call up in your mind's eye a recollection of those coc people standing over Demetrius Gathers -- over Richard Saynes, alongside of Demetrius Gathers when he jabbed hit with the umbrella; isn't that correct? A. Yes, it was -- yes, it is. Q. But in March of this year you say that is mot sc? A. No because, as I said before, wher I made that statement --- Q. I know, you are less confused now than you were then. A. Yes, I az. Q. In September you said that Dee Brown had the «nite in his pocket there at the apartments, isn't that correct? A. Yes, it is. Q. Not so in March, isn't that right? s W e „ eee e e . „ „ ee ee 2 & wo NY So π‚ . d K C — 8 A. Wo, it isn't. Q. But you are sure thet Zan Bayes returned to Richard Haynes on this bike path and was there alone for some, however brief, period of time; isn't that right? A. Yes. Q. You left that out of the September statement, isn't that right? A. Yes, I did. Q. Were you aware that Zandell had been brought to the police station to make a statement about the same time you were? A. Yes. Q. And you left it out in your September statement that Zandell was there with Richard Baynes on the bike path for some brief period of time, isn't that correct? A. Yes, it is. Q. Do you know what che punishment for misprision of a felony is, sir? What's the maximum applicable punishment? A. I think ten years, sir. Q. And, of course, you know what the mazimum possible punishment is for aggravated murder? A. Yes, I do. Q. What is it? A. The electric chair. A-96 ont e e e Q. How in June of last yeer, before any of this happened, you had been charged -~ I believe you described it to some extent to the jury elready -- with a firet degree burglary, isn't that cight? A. Second. Q. That is what you pled guilty to. MR. CONDON: Se was charged with second. BY MAR. RENT: . You were charged with second degree 2 along? Yes. Fifteen. C a . do you know what the rarer punishmert fcr thet 16? A Q You haven't been sertenced yet? * Ne, 2 haven't. Se e: ser se? A. Nc, = maven't. ＋ 6rd at @ fect, Esdavanr, that you „ene reer 263203 2 3 cof the State's recommendaticr that you ©... 2# — sentenced pursuant to the Youthfu. Cfifencer Ac: A. Boping that that's what I wi... get. Q. r. o. A., Youthful Offender Act. You have ears 2727 tefore? A Ch huh. C- do you knew what is the maximum punishmert there? A. Siz years. o e e NLU — O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. ten t it a fact, sir, that you have been assured that with the time you have served in jail already that you will not see the end of summer, 1987, in jail? A. I don't know that. Q. You believe it, don't you? A. I can't say. Q. You are hoping, aren't you? A. I'm hoping. Q. Be back in school next September? A. Yes, I will. Q. Thank you, Esdavan. REDIRECT EXAMINATION BY MR. CONDON: Q. Steven, we have got a written agreement, don't we? A. Yes, we do. Q. And the only way you will be prosecuted for anything more than what you have pled guilty to is what? How can that happen? A. If I don't tell the truth. Q. And that's what we've told you, to tell the truth. A. Yes. Q. If you don't, you will be prosecuted for perjury too? A. Yes. Q. Now you have given, in effect, two statements? | | ' A-98 oso on fe YF e „ eee eee ee ee „ „ „ „„ „„ ew wo» vy «„ w Be YF Oe’ eee T K e — 8 A. Yes. . In both of those statements you have always said Demetrius Gathers used the umbrella? A. Yes. Q. And you talk about being confused when you go to the police department the first time? A. Yes. Q. Well, you were watching out for yourself the first time? A. Yes. Q. You didn't tell us about going through the belongings? A. Yes. Q. And how did the police get up with you? A. Well me and Zandell turned ourselves in. We called them and told them to meet us out on Forest Park. Q. You called the police? A. Yes. And we have had several conferences? We have talked about your testimony? A. Yes. * Q. And you have also talked to Mr. Kent, haven't you? A. Yes, I have. Q. You voluntarily talked to him about your testimony? A. Yes, I have. A-99 r ee LS) LS) LS) wy ON 8 — — — —— ee — — — — — K — % ẽQꝙ:t7 «4k 2 — 8 — — — —— Q. And did he ask you about whether or not you would testify that the knife was given from Demetrius Gathers to Zandell Hayes? A. I don't understand. Q. Well he asked you — he questioned you that you might have made this up the first time today? A. Yes. Q. About Demetrius giving the knife to Zandell before he went to Fee McNeal's house? A. Yes. Q. Did he ask you about that? A. Yes, he did. Q. What did you tell him? A. Tell him that Demetrius had already -- had given Zan the knife on the way to McNeal's house. Q. You told him that when you met with him? A. Yes, I did. Q. That was several days ago? A. Yes. Q. Thank you. AR. KENT: Your Bonor, just a few more questions along the lines of the --- RECROSS EXAMINATION BY MR. KENT: Q. Esdavan, neither one of these statements you made to so ent fo Ve ee NOU nN nN LS) we Ld wm be * oe ee be — — be — — v W HN Ff fF % % «„ 9 — 8 1 664 the police have anything in it about Zan stealing the tool dos that this knife came from out of @ truck, right? A. No. Q. I want you to think carefully before you answer this. When was the first time -- when was the first time anybody from the prosecutor's office asked you about that, the knife coming from a tool box taken from a truck that night? A. They didn't ask me about it. Q. When was the first time you told them about it? A. Today. THE COURT: What was your answer? THE WITNESS: Today. BY MR. RENT: Q. Before you got on the witness stand? A. Yes. Q. Do you remember who it was you were talking to? A. Yes. Q. Who? A. I don't know her name. Q. This lady right here, Miss Fisher? A. Yes. Q. Works for Mr. Condon? Why did you tell her about it? Did she say something about Mr. Barfield and his tool box and knife? A-101 _ fo VY ee we Ne A. She didn't call no name. Q. Oh huh. A. She just asked me about it. Q. What was the sense of the question? A. She asked me if we had got the knife out of a too! Q. Uh huh. And that is the first time you ever told them about that, isn’t thet right? A. Yes. Q. Well, Esdavan, is there anything else about this case that the State don't know to ask you that you have left out? - A. No. Q. Len tit @ fact that you didn’t tell them atcut the Origin of this knife being a theft out of a car until they knew to say something about it to you? A. I always told them that we found it. Q. Now, Esdavan, I know you want to tell us all the truth, but I want you to search your mind before I sit down, and I want you to assure me that you haven't left out any of the truth in this case. Because we know now THE COURT: Don’t make a speech, Mr. Kent. Just ask him a question. BY MR. KENT: A-102 o e „ LS) LS) 0 80 0 0 be od — — — be — — — — 8 K P D ˙— W ůuie / S -K 2 — 8 . You can see how concerned I am, Esdavan, that you don't leave anything out until its known by the prosecutor? A. Yes. Q. Anything else? A. No, it isn't. Q. You are sure you never heard Zandell say something along the lines of, well, I am going to cut somebody's behind tonight. A. Be say he wanted to fight Fee McNeal. Q. I am talking about after he had been frustrated in cutting Mr. McNeal. You don't know that he ever said something like that? A. After? Q. When he saw he wasn't going to get at Leon McNeal with the knife. A. We just was planning on going home. Q. No further questions. REDIRECT EXAMINATION Q. Steven, when you met with Mr. Kent voluntarily did he ask you where you got the knife from? A. No, he didn't. Q. Thank you. Nothing further. 8 THE COURT: All right, son, you can come down. MR. CONDON: Your Jonot, we call Mr. Carter. A-103 o ony fF YY es Ww NH 6 HY KH KH NH — — — — — — — — — — — K w — W O mg. MM W —mK ͤ 2 — 08 667 THE COURT: Mr. Carter. JAMES L. CARTER, JR., being first duly sworn, testified as follows: THE COURT: Mr. Carter, do you have some gum? THE WITNESS: Yes. THE COURT: Take it out, please. DIRECT EXAMINATION BY MR. CONDON: Q. Mr. Carter, they call you Jeff, don't they? Yes. | James Jeff Carter? Well, that is just a nickname. Your nickname's Jeff? Right. Bow old are you? Seventeen. Where do you live? 1 Rice Drive, Starcastle Apartments. At Starcastle Apartments. And do you go to school? Yes, I go to Saint Andrews High School. Saint Andrews High School. What grade are you in? Eleventh. All right. Do you know Demetrius Gathers? Yes. Bow do you know him? A-104 o vroeseLe ww NY eS 0 0 0 Ls) 0 2 — — — — ~ ~ ~ — — W «Kk we NHS FY OO — ö H⏑ Ä ůͥͤͤͤ« ̃ wwY 2 — 8 =a | A. Tou could say friend, friend-wise, associate, you know. I have seen him around. Q. Seen him around Starcastle? A. Yeah. Q. How about Dyonsoria Brown, also known as Dee Brown? A. Yeah, I know him pretty well too. Q. Bow do you know him? A. As a friend. THE COURT: Mr. Carter, speak into the mike, sir. THE WITNESS: Okay. BY MR. CONDON: Q. He is a friend of yours? A. Yeah. Q. And Zandell Hayes? Do you know Zandell? A. Yes, I know him as a friend, too. Q. Bow about Steven Bardrick, also known as Nice? A. He is a friend of mine, also. Q. So you know everybody? A. Yeah. Yes, sir. Q. And you live in Starcastle? Who do you live with? A. I live with my mother and my stepfather and my two brothers. Q. And did you know Ricky Haynes? A. No. A-105 eo @onyoabeywrees w NY & 10 Q. Didn't know him? Now I want to talk about September 13th of last year, which was a Saturday, at nighttine. A. Okay. Q. Were you at the Starcastle Apartments? A. Yes. Q. What were you doing there? A. Well I left my apartment, and I went down to Apartment B-6 to Hodges Campbell's apartment to see if he was home. He was home, but he wasn't coming outside. fe had looked out the window and said he wasn't coming outside. So his sister came out, and we started talking. O. Who is his sister? A. Rose Campbell. Q. Okay. What happened? A. And then after a while Jerome Hampton, I believe, and Todd came, drove up. They didn't come up together, but, you know, they came one by one. And we was out there talking. And I heard some music coming from towards the bike path, and I looked in the woods, Demetrius, Zandell, Dee Brown and Steven coming down. Demetrius and Zandell didn't have on no shirts. When they came up to us, Dee Brown knocked on the door for Hodges. Hodges looked out the window and said he wasn't coming out. I noticed that all of them had blood on their shoes except Steven, and Dee Brown had blood on A-106 o eo wnt fo YF fe we Ne ~ oO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his shirt. Dee Brown was talking about he was strictly business, he wasn't taking no more mess from anybody. And so, you know, they started telling us about they messing up someone on the track, the bike path which we call the track. And they started telling us, they said something about they was beating him up or something. Then after while Zandell noticed some blood on his ankle, on his sock; and he started saying he was feeling weak. You know, he -- after, you know, talking about he feeling weak, he thought the man had cut him or something on the ankle, he had said: Come on, MiMi, let's go, you know, mess that -- kill him or something like that. So they went back out --- THE COURT: Do what now? Repeat that? THE WITNESS: ande ll had said, cone on, MiM., let's go kill bin.“ It wasn't in that, you know, exact word frame; but it was something like that. BY MR. CONDON: Q. Who is MiMi? A. Demetrius. And so they went back out there, and they came back. Zandell had said something like, °Call the Ens, and Demetrius had said he's dead, right? But I didn't take him seriously. I thought, you know, they was fighting someone else, but I didn't never figure it was a 3 — —~—--—--—— A-107 672 1 . 80 Sandell burned his socks? | 2 A. Yes. 1 | thet san. 3 Q. Did he have blood on the socks? 2 So, you know, they started Lalking and = ‘ . te, 3 everything. We wae talking. And Sandell eterted saying 3 Q. You said some of them didn't have their shirts on? 4 something about him wanting to mess up McNeal, Leon 6 A. Zandell and Demetrius. 5 McNeal, for something McNeal hed did to his brother. So 7 Q. Did they have undershirts on? 6 then they walked around to the apartments -- to his 9 * * 7 house, to McNeal's house. And a little whiles efter that 9 0. Where was the blood on everyone's clothing? 8 they came running back, and I had stopped Steven, and I 10 A. Well three of them, they had blood on their 9 had asked bir what had happened. Se said they went up 11 sneakers; and on dee Brown, he had blood on his shirt, 10 there --- 12 which was a light-colored shirt. 11 Q. All rcight, don't tell me what Steven said. 13 0. And about what time of night was this? 12 A Okay. 14 A. This was around 10:30 of quarter tc 11:00, to my 23 . Anything said atest an umbre..a? 15 knowledge. 4 A Well, :f I ec, Demetrics sac said that he hac 16 Q. Were you drinking anything that night? os stuck it up the man's cerind. 17 A. No, sir. 6 =: Whe sa.c that? 18 Q- Using any drugs? 37 A. Deretrius. 19 A. No, sir. 13 8 What id he % exact.y? 20 . Wow you have just come forward with this information 29 A. Be had seid he tac struck :t sf the -- he stuck the 21 fairly recently, haven't you? 7 20 umbrella up bis bez ze. And ten hed gatbered us sround, 22 a. Ves. 22 ead be bed told us that if anyone asts us anything sebout 23 Q. Bow long ago? 22 thie, whet they had told us, that we didn't know anything 24 A. Probably about two weeks ago. : 23 about it. And he had burned his socks after him and 25 Q. Why the delay? 5 24 Demetrius came back from the track the second tine 25 because he said he didn't have no more use for it. A-109 A-108 A. Well, really I didn't want to have anything to do with this; but, you know, I knew eventually that 1 211 would come up to me because Rose had told me that she had got a subpoena and that I would be getting one soon about three weeks ago when she first got hers. So, you know, I was kind of prepared for it when y'all came up. Q. And again, you know Zandell Sayes? A. Yes. Q. You are friends with him? A. Yes. Q. You know Steven Bardrick? A. Yes. Q. Are you friends with him? A. Yes. Q. You know Dyonzoria Brown? A. Yes. Q. You are friends with him? A. Yes. Q. And you know Demetrius Gathers? A. Yes. Q. You are friends with him? A. In @ sense. Q. You have nothing against him, do you? A. Not really, no. Q. But you have had some run-ins, haven't you? A-110 re er ee e ~ oO 11 A. Yes. Q. What kind of cun-ins? A. Well et one time somehow he came across sone information that my brother, my older brother, and I and two other fellows had wanted to gang him, jump bie for some odd reason. Q. So you have got some 111 feelings towards hin? A. Well that is, you know, all in the past, forgive and forget. I sort of forgave, but never forgot. ¢. Ncw did you see, when they came off of the track -- you call the bike path the track? A. Yes. ¢. Ds you see ary aucohclic beverases? A. see er cad a derte cf Wald isish ese °*.6 parts, acc Stever es @ cee of wine coolers .° 2 Rags. ©its 6 £8639. 8. 22810 sf wine coc.ers? a Yes 6. ®.tm a rad.c? a. Sodding aff .cmat.ive.y) Q. Des yee see ar urtrelia? A No, I do not recall seeing an umbrella. ¢. Ard how long a period of time were you in tert: corgany? A. Thirty minutes, maybe more. Maybe less. I will say 111 e ee ee ee | — — — — — - w NF 8 15 16 17 18 19 20 21 22 23 24 25 i * about twenty-five to thirty minutes. Q. Then you say they went off to Fee McNeal's house? A. Yes. Q. Bow long before they came back from Fee McNeal's house? A. Around five to eight minutes they came running back through the apartments. Q. Five to eight minutes? A. Yeah. Q. And how far away does Fee McNeal live from where you were? A. From where I was? Q. Right. A. Couple of yards, maybe. I don't know the exact _ distance. Q. And you are certain that Zandell Bayes and Demetrius Gathers went back on that track? A. Yes. Q. Did you see a knife? A. Yes, I seen -- excuse me. I seen Dee Brown with the knife. But I don't know how it got in Zandell's hands. Dee Brown was the only one I seen pulled out the knife. Q. How do you know it got in Zandell's hands? A. Because Steven had told me. Q. All right. That is hearsay. You don't know that. A-112 o ee NR 6 W W528 9 — — — : — —Tx w —u —— — „ „ . ⏑ mE „c — — — 8 A. Well. . The only person you saw with a knife that night was A. Dee Brown. Q. —— Dee Brown? A. Yes, sir. Q. How big a knife was it? A. It was about -- it wasn't too big of a knife. It was a regular pocket-size knife. Q. Pocket -size? A. Yes. Q. Answer any questions the defendant has. CROSS ~-EXAMINATION BY MR. RENT: Q. Mc. Carter, how long were these four fellows at Pose Campbell's before they went to McNeal's? A. I will say they was around there for about twerty minutes. Q. They went to McNeal's, and then they came back; is that correct? A. Yes. But they didn't stay long. Q. Was there any other coming and going, Mr. Carter, that you recall by these fellows? A. Well the only ones was when Demetrius and zander! went back on the bike path, and when they came running we Nw — — LS) LS) me me — ee we ee te ee ee — 1 9 W we ‚n⁰mãnie % „ «„ 9 — 08 e e back through the epertments. Q. Was that before ot after they had gone over to McNeal's? A. When they went back on the bike path? Q. Yes, sir. A. It was efter. After they went back on the bike path and came back, they was standing around for a little while, and then they went to McNeal's house. Q. Okay. Now I tried to take it down the way you said it, and it's not clear to me how sure you are. Neither is it from the statement you made to the police. MR. CONDON: Your Honor --- MR. KENT: I want to ask you --- MR. CONDON: --- he knows this is testifying. I wish he would just follow the rules of evidence. THE COURT: Yes, sir. Just ask him questions end --- MR. KENT: I am not testifying. I'm trying to ask this question, Your Honor. TBE COURT: All right, just ask your question. BY AR. KENT: Q. I want you to tell me what you mean when you say: If I cecall correctly, Demetrius said so and so. What do you mean by that? Do you mean you are having some trouble remembering for sure that Demetrius said it? A-114 oe vt foe VF „ hl a — — 0 — — — — — «„ „ . wn %% «„ — 8 A. Yeah. Q. Ten't it @ fect, Mr. Carter, that -- when these fellows first came up to you, you weren't peying any particular attention to what they were telking about; isn't thet right? A. No, that is not. I was paying attention to thes. When they first came up I was in front of Bodges and Rose Campbell's door, sitting down up against the brick wall. And then they started talking. Q. Well I thowght you said that -- if I remember. 1 thought you said that you didn't believe them at first about beating somebody up on the bike path, is that right? A. I didn't believe ther about -- I didn’t believe -- : Gidn't really take ther seriously about killing sometody on the bike path. I could imagine that they was fighting because they had blood on themselves. dee Brown was quite excited, isn't thet right? A. Yes, he was. Q. Be was doing a ict of talking, wasn't he? A. Yes. de was. Q. And @ lot of strutting around? A. Yes. Q. Would you say that he was pretty cocky out there? Be is mot going to take any more -- what was the word? 7: A-115 e e e e — — — — — — — — — — — — be ee — — vw & we we e . ee e „ — 8 | em strictly business now, strictly business? Is thet whet he said? A. Yes, he -- yes. Q. Se was saying that over and over again? A. de said thet about two or three tines. . Did he say other things like that? A. I don’t remember if he did. Q- Well in 11 of this talking between Dee Brown and tende li Bayes, do you recollect fan saying something about wanting to whip McNeal thet night or cut hin? A. Be said he had wanted to sess McNeal up. Q. Mess his up? A. Yes. . There were a number of comments made during the course of this -- what did you say, fifteen or twenty minutes before they went to McNeal's? A. About twenty minutes or so. 9. Pardon ne? A. About twenty minutes or so. 0. Tou cant be sure, Mr. Carter, can you, that Demetrius said that he, personally, Demetrius, had jabbed this man in the behind with the umbrella, can you? A. I am pretty sure about thet. I em sure he said thet. Q. Well when people are talking around owt in the A-116 oso ow fn YF & Wwe Ne Ny NY WN NHN NH NOY — — — — — — — — — ves. we — m ͤůſꝶ ß „ Yes we 9 — 8 — park ing lot like that — you don't know deset t ius from school, do you? A. No, I don't. Q. Do you know that he was not going to school? A. I didn't really know what he was doing, you know, in his spare tise. Q. Well are you positive in these comments that were being made by this group of people that Demetrius was referring to himself when he said -- when he was referring to him sticking -- jabbing this nan witb the umbrella? A. Yes. Q. You are sure he was referring to himself? A. Yes. Be said 1“ He startec it off with “. Q. Was this after Zan had returned from the path when they made the second trip back there? A. No. It was before. Q. Are you sure that Dee Brown had a bottle of Wild Irish? A. Yes. Q. What is that? A. Wine. Q. And Steven Sardrick had a couple of wine coolers? A. Yes. I would say about two or three. Q. Thank you. A-117 ' MICRAEL GORDON, being first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONDON: Q. Sergeant Gordon, what do zou do, please, sir? A. I work for the Charleston Police Department. Q. What do you do for our police department? A. I'm currently assigned to the central detective division. Q. Bow long have you been with the City of Char-eston * Perce lepartment? A. de and a half years. Q. Tid you have occasion to come in contact with the defencant, Demetrius Gathers, on Tuescay, Septerte: 16th? A. Tes, = eis. Q. ct what tire dic yeu see 22 A. > saw him probably a couple r.n.tes before 6:30 in the evening. Q. ere did you see h.z? A. A= the City Police Departrent cn Lockwood @c.-evard. CG. z weeld you just give us 2 zee: picture :? hew A-118 W “ XK — 2 — 20 11 12 be appeared to you when you first saw his? A. Yes, sir. Se appeared very -~- very calm. de was cocperative. Not disorderly at all. Ze was drr in to the central detective cffice ard shen into Lie.tenarnt Roberts’ office, where I hac my initia. comtact #:th mis. . When you saw him he was under arrest for the r ze: of Richard Baynes and the ra: sets assau.t cf Richard Baynes? A. Yes, sir. Q. Did you have occasicn at that te tc advise t.2 of any tights that he may have? A. Yes, I did. A-119 Q. Go ahead and read the whole thing. A. Okay. This statement of, Name, Demetrius Gathers, is taken before Sergeant Michael Gordon of the Charleston City Police Department, 9-16-86. This statement was begun at 6:40 p.m. "I, Demetrius Gathers, whose address is 20 Endo Drive, am nineteen years of age and have completed the eleventh grade in school. Sergeant M. Gordon, who has advised me that he is a member of the Charleston City A-120 Police Department and also advised se...* -- then there are the Miranda. Would you like me to go through those again? Q. Go ahead and skip those. You have already published those. A. Okay. The narrative begins, on Saturday, 9-13-86, about 7:30 p.m., I met up with ande ll Bayes on the bicycle track by Porest Park. We then walked back toward Ardmore on the track and we met up with Nice, who is Steven Bardrick. This was up near Starcastie Apartments. From there we three walked back toward Maryville, and from there we went to Orleans Gardens. My cousin Dana drove us. “We stayed at Orleans Gardens until about 9:20 p-.m., and ther we bert to the pool hall on Wappoo Road. This was me, Zandell, Dana and Steven. Dana dropped us three, Zandell, Steven and myself, off at the pool hall and left. We stayed at the pool hall about twenty-five minutes. Ther we left and went to Maryann's house. She lives on Sequoia Drive. We stayed at Maryann's act ter minutes, then we left and started walking on the bike path again. "When we got back near Starcastle Apartments, we met up with Dee Brown on the path. From there the four of us, Dee Brown, Zandell Bayes, Steven Bardrick and A-121 so go ws fF Yee ww WN » E — — — — — — — — r e e — | ~~ 20 21 22 23 24 25 myself, walked to the Majik Market next to Saint Andrews Gardens and bought four Lowenbrau beers. Dee Brown purchased them. From here we val, ed back on the path and walked to the Beer Barn on Savannah Bighway and bought a twelve-pack of Schaefer beer. We then walked back to Evergreen Street and stopped and talked to a man named Reuben. "We then went from there back onto the path and walked back to the bench near Starcastle Apartments. At ö this time a black male was changing clothes on the bench. The black male and Zandell started talking, and zende l! then hit him in the face. At this time Dee Brown started hitting him too. Then I started to hit him also. "At this time Zandell started choking the black male, and I hit the black male two times in the chest, and he broke away. Dee Brown then grabbed the black male and started choking him. At this time Steven walked over and said, “Let him go.” Steven then walked down the pathway toward Starcastle Apartments. I then left also and walked into Starcastle Apartments. Zandell and Dee Brown were still back on the path. About three minutes later they came out. "About ten minutes later we walked back to the path. It was me, Zandell, Dee Brown. Steven stayed at the apartments. When we got back to the path the black A-122 eo @eowenfeywes} ww N & ~» „ KY — — — — — — — — — W K eee e male was lying on the ground sbout fifteen feet away from the bench. Se was making funny noises. I told tendell we should call EMS, but he said no. I then poured some beer in the black male's face to try and wake his up. Dondrell then started beating him in the head with the umbrella, and Zandell stopped his. “At this time me and Zande!l picked up the black male ard laid his on the bench, and the three of us walked beck to the apartments. Then Dondrell, Dee Brown, went back to see whether the man was still alive and found out he was. At this time, Dee Brown and I went to 20th Century Pox Club and later returned to Starcastile Apartments, where my mother came and picked me up That was the end of the narrative. And I then asked a series of questions tc him, the first being, “who stabbed the black male om the pathway?° 18 response was, Nobody The second question, “Who sexually assaulted the black sale with the umbrella?* His answer, “I guess Dee Browa did it when he went back out there alone. The wabrella belonged to him. It was brows and beige.* Third question, did anyone ef you four have a knife that night?* "Not that I recall. Oh, yeah, Dondrell had a knife, but i didn't see dir stab anyone.* "Did Steven ever hit or kick or injure this A-123 black male?" ie response was, “No.* "Did either of you four take any property from this black male?" Sis response was, No. “Who ransacked the man's property and threw it @round?" is response was, “It happened in the scuffle.* Last question, “Is there anything else you wish to tell?" is response was, “No, that’s it.* Q. All right, Sergeant. Zandell Sayes, he is now charged with murder and criminal sexual conduct? A. Yes, sir. Q. Be is awaiting trial? A. Yes, sir. A-124 TBE COURT: Mr. Solicitor. MR. CONDON: Thank you, Your Honor. Madame Porelady, ladies and gentlemen of the jury, I want to first thank you for your service in this case. I know it has been a real inconvenience on you. On behalf of the Haynes Family, or behalf of the people who have been here, I'm sure on behalf of the defendant himself, we thank you for your close attention. At this stage of the proceeding your duty at A-125 this point becomes to decide the appropriate punishment for the murder of Richard Allen Haynes. And Bis Honor will instruct you on the applicable law in South Carolina, and I want to briefly go through that with you, if I might. You are to weigh, in coming to your decision, the mitigating circumstances -- that is the circumstances that lessen the severity of this murder -- as well as the aggravating circumstances — that is those circumstances that make it worse. Before a death sentence can be imposed in this state the jury must find beyond a reasonable doubt the existence of an aggravating circumstance. In this case we rely on the aggravating circumstance of criminal sexual conduct in the first degree. You have found him guilty of that beyond a reasonable doubt, and that has in effect been decided althougt you have to make a further finding at this point, and we re on thet circumstance. Once that circumstance is ond the mitigating circumstances have to be considered. If you do fine mitigating circumstances -- and that is circumstances that will lessen the severity of this murder — the death penalty can still be imposed. Let's go through the mitigating circumstances — A-126 ee ww Ww & — — — o 12 120 that the defendant relies upon in this case. fis Honor will instruct you that one of the mitigating circumstances or a circumstance that they think lessens the severity of this murder is the age or mentality of the defendant. Well the proof has been very clear. He is nineteen years of age. He has tan ly that loves him. No evidence of any mental disease or defect. Knows what is going on. Able to go through school. ’ Now there has been some talk here of: This is a young man feeling his oats. Or boys, I think that was the term. Well you tell Richard Allen Haynes about these boys out there on that bike peth. He knows what he is doirg. They also talk about the lack of the capecity of the defendant to conform his conduct to the requirements of law. He has full capacity to 4c that. Be chooses not to. Look at his record. They also say the defendant was under ge influence of mental or emotional ¢isturtence. The only disturbance that this defendant had on thet night was that he was disturbed that he got blood on his shirt and he had to change that before he went to the nightclub. And they talk about another mitigating or @ 127 sos oe w7y fF Ves VS ww — — — — — — — — eee 16 circumstance that iessens the severity of this murder is the fact that he doesn't have any prior convictions involving the significant use of violence against other people. Well you can look at his record. He has been through the system. Let's look at the totality of the circumstances in this case. You will have these exhibits. Look at them again. Oh, and how not to decide this case. His Sonor is going to charge you, and of course it only makes common sense, in terms of being comfortable with your vercict and proud of it, I would be the first to say that this is not an easy procedure whatscever. Wo one takes any comfort or any pleasure whatsoever in sentencing anyone to die. It’s your responsibility in this case to make this decision. It's mot a easy one. But you have all stated under oath in the pretrial part of this trial that if the facts and the circumstances warranted it and the law allowed it you could vote for and sign your name tc a docurent calling for the Geath penalty. This is the case. It's not even close. And look at the evidence. This defendant, Demetrius Gathers -- and if you were to decide this 41286 e e ~ Qo 11 case based on sympathy -- and, of course, that is mot the way to do it -- But looking at Reverend Minister Baynes and his family and his situation, you would sertence this defendant to death in a minute. But you don't do it that way. You look at the mitigating and aggravating circumstances. You look at the individual characteristics of this Gefendant and the crime. Let's look at that. First of all, this is State's Exhibit Sumber 38, the home of Deretrius Gathers. ede class home. Se has got a roof over his head. Schooling provided to hit. Teachers, very impressive teacher. Family rembers that care for him. So talk here of dere fcrceé inte stealing for the sake of gettirg deter fcr tees. ee at thet e.ght. This defendant hed -crer. ze eee te Sey Teriseene. They gc ané in fac* Sey @.cche.. Ze hes get @ home. shat does be cheese te dc? Joes re 8 nightclut. Ges money fcr a mighteict. These characteristics. It doesn’t st:7 there, Goesn't steg there by any teans. You can tek im terms of his grice recoré. You are aware cf these. Fami.y Court. Court of Gereral Seseior:. And now Se is before you for @ most he.nows act. Ané look in terns of what happened out there or a-129 „ e e e 10 “| thet bike peth. Reverend Minister Richard Allen Saynes was at his parents" home. Dorothy Saynes, Jesse Baynes. And he decides to go for a walk. This defendant, drinking his beer, comes upon hin, with others. Reverend Minister Richard Allen Saynes has his Bible owt, sitting om @ perk bench in our county, in our community, et a place where de had every right to be, and he chooses not to talk to this defendant. Whet enswed is hard to believe and to describe, but you have heard the testimony. An attack begins thet happens in this con- ty. in this community, and while Reverend Minister Baynes begs for mercy -- Lord no, Lord no -- the degrecetion cortinues. The circumstances of aggravation .- this case a: overwhe ming. Under your responsibility, under our lav, and weighing the mitigeting and aggraveting circumstances, the verdict in this case, the Gecision, must be death. And you will heve this instrument of to:- sre and pein. And when the defendant talas about tir being a young man and feeling his oats, not Encwing any better, you tell Ricky Allen Baynes, when this instrument wes in his privete body part, thet this „ „ „% we ell W ‚ WwW & WwW NH FY CO COC Oost Rg w- S 9 — ~ @ wy NY NN NHR s oe ww we & 6 N * defendant was a young man who didn't know what he was doing. And as his life fluids seeped out onto our public park, and as he was losing consciousness and with the pain shooting throughout his body, you tell Reverend Minister Richard Allen Haynes that this defendant was feeling his oats, was acting wild and crazy, and this was a high school prank. And it doesn't stop there. After using that instrument he goes and socializes and goes back. The depravity, the premeditation, the willfulness, the wantonness. An animal would have gotten ere mercy. He goes back and with a knife stats Reverend Minister Haynes in his abdomen. And with little thought, with no thought, as to Reverend ares rights, as to Reverend Haynes’ fart, gces tack and goes to the 20th Century Fox nightciut. Goes to sleep that might. I am sure he slepc very peacefully because there was no concerr c cf this atrocity. And you will have the exr:bits to think about what happened out there. ‘Ycu will have some exhibits in there that will tell you, tell you what your decision must be in this case, although it’s not pleasant. We know from the proof that Peverend as | 1 A-131 oo @o st Dn WF f& WY HR ~ — — 8 Minister Haynes was a religious person. fe had his religious items out there. This defendant strewn them across the bike path, thinking nothing of that. Among the many cards that Reverend Haynes had among his belongings was this card. It's in evidence. Think about it when you go back there. He had his religious items, his beads. we had a Plastic angel. Of course, he is now with the angels now, but this defendant Demetrius Gathers could care little about the fact that he is a religious person. Cared little of the pain and agony he inflicted upon a person who is trying to enjoy one of ou: public parks. But :cok at Reverend Minister Haynes’ prayer. _ ‘It's calzed the Game Guy's Prayer. “Dear God, help me to be a sport in this little game of life. I don't ask for any easy place in this lineup. Play me anywhere you need me. I only ask for the stuff to give you one hundred percent of what I have got. If all the tard drives seem to come my way, I thank you for the compliment. Help me to rerember that you won't ever let anything come my way that you ard I together can't handle. And help me to take the dad break es part of the game. Help me to understand that the game is full of knots and knocks o Dn YF & Ww WN & 1204 and trouble, and make me thankful for them. Help me to be brave so that the harder they come the better I like it. And, oh God, help me to always play on the square. No matter what the other players do, help me to come clean. Help me to study the book so that I'll know the rules, to study and think a lot about the greatest player that ever lived and other players that are portrayed in the book. If they ever found out the best part of the game was helping ' other guys who are out of luck, help me to find it out, too. Help me to be regular, and also an inspiration with the other players. Finally, oh God, if fate seers to uppercut me with both hands, and I ar ‘aid om the shelf in sickness or old age or something, help re to take that as part of the game, too. Help me nct to whimper or squeal that the game was a frameup or that I had a raw deal. Wher in the falling dusk t get the final bell, I ask for ro lying, complimentary tombstones. I'd only like to know that you fee: that I have been a good guy, a good gare guy, a saint in the game of life. Reverend Min:ster Haynes, we know, was a very small person. He had his mental problers. Unable to keep a regular job. And he wasn't blessed with fame or fortune. And he took things as they came 4132 4133 8 along. He was prepared to deal with tragedies that he came across in his life. And there has been some talk about this being a tragedy. Well let's get one thing straight. This isn't a tragedy. Tragedy is a birth defect, something over which we have no control. This is an atrocity. This was a willful, premeditated act of this defendant, who in Charleston County, on our shores, in this country, took with the most eager pleasure the life of another in the most gruesome, hard to describe and hard to believe circumstances. The appropriate punishment in this case is death. You will find sore other exhibits in this case that tell you more atcut e st verdict. Again this is not easy. No one taxes ary pleasure from it, but the proof cries out fror the grave in this case. Among the personal effects that this defendant could care little about when se went through it is something that ve al. treasure. Speaks a lot about Reverend Minister Eay,res. Very simple yet very profound. Voting. A veter's registration card. Reverend Haynes te zee in this community. le took part. And he believed that in Charleston County, in the United States of America, that in this country you could go to a public park and sit A-134 * oe * Lod * 2 ee a ie te jy | lClUR on a public bench and not be attacked by the 186 of Demetrius Gathers. Weigh the aggravating circumstances in this case. Look at it very carefully. Calmly, rationally. Reverend Haynes believed that he cculd core onto our public parks and sit and te protected, 27 the law protected him. That Demetrius Gathers wo..d not reign supreme on that public bencr. And he doesn't reign supreme. The law ir this case protects Reverend Minister Za;r¢:. The groper verdict, the oniy verdict ir t>.s case, :s death. Thank you. A-135 121 IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 1988 NO. 88-305 STATE OF SOUTH CAROLINA, PETITIONER, DEMETRIUS GATHERS, CERTIFICATE OF SERVICE I hereby certify that on this 19th day of September, 1988, one copy of the Brief in Opposition to Petition for Writ of Certiorari together with one copy of Motion for Leave to Proceed In Forma Pauperis were mailed, postage prepaid, to the below named counsel for the Petitioner. I further certify that all parties required to be served have been so served. Donald J. Zelenka, Esquire 0 Assistant Attorney General Office of Attorney General State of South Carolina P. O. Box 11549 Columbia, 8. C. 29211 Chief Attorney South Carolina Office of Appellate Defense Suite 301, 1122 Lady Street Columbia, SC 29201 (803) 734-1330 Counsel for Respondent. SWORN to before me this pith day of September, 1988. 7 1 1 (L. 8s.) d for rolina My Commission Expires: /-¢ 24 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385012_0244%3A03. Public record. Not legal advice.