Ruling may affect Lee case
Published 12:00 am Thursday, June 27, 2002
With the recent U.S. Supreme Court decision that overturned a judge’s decision to sentence a man to death in Arizona, one local attorney is hopeful that his client will be spared the death penalty in Alabama.
Attorney Michael Jackson is optimistic that an Alabama Appellate Court will consider the Supreme Court’s ruling and remand the case of convicted murderer Jeffery Lee back to Circuit Judge Jack Meigs to administer life without parole.
“In 2000, Jeffery was found guilty of murdering Jimmy Ellis and his wife in Orrville. The jury recommended life without parole, but Judge Meigs overruled the jury and gave him the death penalty. I’m very confident that the Court of Appeals will remand the case back to Meigs,” Jackson said.
Lee, who is in his early 20s, has been on death row in an Alabama prison since 2001. As with all death penalties, the case was placed on automatic appeal with attorney Bryan Stevenson of Montgomery handling the case, Jackson said.
He said if the appellate court considers the Supreme Court decision, the court would have two choices; re-sentencing Lee or remand the case back to life without parole.
However, District Attorney Ed Greene is not sure what affect, if any, that the recent Supreme Court decision will have on Jeffery Lee’s case.
Greene said, “The Supreme Court decision in reference to the so called judge overruling may or may not affect Alabama or where the states in which it was rendered. In Alabama, a jury makes a recommendation of sentencing to the judge. Then the judge has the right or duty to way the aggravating and mitigating circumstances in the case and determine if it would be capital punishment.”
The Death penalty issue is one of the most difficult things that faces judges, defense attorneys, victims, and families, Greene said.
“We can only speculate at this time what this really means. It could have entered into this judicial area that will require the jury setting the sentencing or life.”