James Morgan resentenced to life without parole

Press release from Buncombe County District Attorney Todd Williams:

On Friday in Buncombe County Superior Court, Judge Alan Z. Thornburg re-sentenced death row prisoner James Morgan to life in prison without parole.

Morgan, who is African American, was sentenced to death by an all-white jury in 1999 for the killing of Asheville resident Patrina King. The jury heard no evidence of Morgan’s documented severe brain damage or of his long history of erratic behavior, which began after he fell out of a moving car at 9 years old.

“True criminal justice requires that we take corrective action when we identify an injustice,” Buncombe County District Attorney Todd Williams said. “In this instance, consideration of the evidence and law make it clear that the trial violated Morgan’s constitutional rights. For those reasons and in light of consultation with Patrina King’s father, who stated he did not support the death penalty, I consented to the defendant’s Motion for Appropriate Relief, which requested resentencing the defendant based on consideration of all available evidence and law.”

Williams said the case of Melvin J. Hardy from Charlotte was particularly persuasive, which included similar facts: a history of traumatic brain injury, a prior homicide conviction that was considered in imposing the sentence of death, and a failure by legal counsel to present neuropsychological evidence explaining these facts.

Hardy is now serving a sentence of life in prison without parole.

The judge’s decision is a final resolution that ends all appeals in this case and ensures that Morgan, now 63, will spend the rest of his life in prison.

“In recent conversations with members of Ms. King’s family, they expressed to me that they have suffered terribly since her death and they will always feel the loss,” Williams said. “What the judge has made possible today is a permanent resolution so that the family will no longer need to keep track of any appeals or be ready to rally for a new trial. Morgan will spend the rest of his life in prison for the murder of Ms. King. ”

Neuropsychological testing conducted after Morgan’s conviction showed that the crime was driven by the severe brain damage he had had since childhood. In 2017, the U.S. Supreme Court ruled in McWilliams v. Dunn that defendants have a right to an appropriate mental health expert. The jury in Morgan’s case never heard that he suffered severe brain damage from three separate traumatic brain injuries, beginning in childhood, severely limiting his ability to control his behavior. Today, this type of evidence frequently persuades juries to impose life sentences instead of death.

Evidence presented by Morgan’s current defense counsel showed that in 1999 the main defense lawyer responsible for trying Morgan’s case was allowed insufficient time and resources to prepare for the case. The attorney was appointed little more than 12 weeks prior to the trial. He said he discovered an “overwhelming, almost staggering” amount of work awaiting him. The trial judge refused the defense team’s pleas to delay the trial, and granted only $1,500 of their $5,000 request for a psychiatric exam.

As a direct result of insufficient resources, Morgan had only a cursory psychological exam and was never evaluated by a neuropsychologist. His defense team never got copies of hospital records documenting his head injuries. The jury heard no evidence of Morgan’s severe brain damage or of his long history of erratic behavior. He fell out of a moving car at 9 years old. He was also hit in the head with a baseball bat as a child, and a television fell on his head as an adult. Only after Morgan was sent to death row did he received an appropriate psychological evaluation. It revealed cognitive deficits consistent with severe brain damage.

“The court’s action today upholds the fundamental right to due process while protecting the public by ensuring that James Morgan stays in prison for the remainder of his natural life,” Williams said.

North Carolina has not executed an inmate since 2006.