Appeals court rules Alabama violated constitutional rights of man sentenced to death
The Monday ruling from a three judge panel on the 11th Circuit Court of Appeals means Michael Sockwell, 62, is eligible for a retrial. He was convicted of killing former Montgomery County Sheriff Isaiah Harris in 1988 when he was 26-years old.
The panel issued a 2-1 opinion stating Alabama prosecutors violated Sockwell's 14th Amendment rights by 'repeatedly and purposefully' rejecting potential Black jurors who were believed to be more sympathetic to him on the basis of their shared race.
Prosecutors said Harris' wife hired Sockwell to kill Harris because she wanted to cover up an affair she was having and collect Harris' insurance money. There were no witnesses to the shooting. Sockwell, whose attorneys say has a low IQ that disqualifies him from the death penalty, initially told authorities in a videotaped confession that he killed Harris. At his trial, Sockwell testified that officers threatened to beat and kill him before he confessed and deprived him of food and water.
Sockwell then testified that another man, who was having an affair with Harris' wife, committed the killing. Sockwell also denied he ever received money to kill Harris.
The jury voted 7-5 to sentence Sockwell to life in prison, but the judge overruled the decision and sentenced Sockwell to death. Alabama no longer allows a judge to override a jury's sentence in capital cases.
Attorneys for Sockwell appealed the decision, arguing the prosecutors unconstitutionally used race as the basis for jury selection, rejecting 80% of the Black jurors who were eligible for Sockwell's trial — compared to only 20% white jurors who were disqualified. The appeal cited notes from the prosecutor that rejected one juror who she described as 'a (B)lack male, approximately twenty-three years of age, which would put him very close to the same race, sex, and age of' Sockwell.
Judge Robert J. Luck, who was appointed by President Donald Trump, dissented. Luck emphasized that the prosecutor noted the race of white potential jurors too, a fact Luck said indicated race was not a disqualifying factor for jurors in Sockwell's case.
The opinion, written by former President Bill Clinton-appointed Judge Charles Wilson, also cited four other cases in the years leading up to Sockwell's case where the state prosecutor appeared to have illegally rejected Black jurors based solely on their race, demonstrating a 'pattern' of choosing juries with 'discriminatory intent.'
The Alabama Attorney General's Office did not immediately respond to an emailed request for comment Tuesday morning.
Luck disputed that the prosecutor had a pattern of discrimination and said 17% of the jury in Sockwell's trial was Black out of a jury pool that was 24% Black to begin with. ___
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It took 16 months after the teen's 2024 report for the FBI to arrest Gardner, who made an initial court appearance in Des Moines on Friday on a charge of producing visual depictions of minors engaging in sexually explicit conduct, which can carry up to 30 years in prison. A public defender assigned to represent him didn't return AP messages seeking comment. It's unclear why the case took so long to investigate and also when the FBI, which had to pay $138 million to Nassar's victims for botching that investigation, got involved in the case. Among evidence seized by investigators in late May were a cellphone, laptop and a desktop computer along with handwritten notes between Gardner and his former pupils, according to the sealed court documents. They found images of girls, approximately 6 to 14 years in age, who were nude, using the toilet or changing into leotards, those documents show. Those images appear to have come from a hidden camera in a restroom. They also uncovered 50 video files and 400 photos, including some that appeared to be child pornography, according to the FBI affidavit. One video allegedly shows Gardner entering the bathroom and turning off the camera. Investigators also found images of an adult woman secretly filmed entering and exiting a bathtub, and identified her as Gardner's ex-girlfriend. That woman as well as the gym's owner, Candi Workman, told investigators the images appeared to come from Jump'In Gymnastics' facility in Purvis, Mississippi, which has since been closed. SafeSport's power has limits SafeSport has long touted that it can deliver sanctions in cases where criminal charges are not pursued as key to its mission. However, Gardner's ability to land a job in health care illustrates the limits of that power: It can ban people from sports but that sanction is not guaranteed to reach the general public. While not commenting about Gardner's case directly, it said in a statement provided to AP that a number of issues factor into why cases can take so long to close, including the 8,000 reports it receives a year with only around 30 full-time investigators. It has revamped some procedures, it said, in an attempt to become more efficient. 'While the Center is able and often does cooperate in law enforcement investigations,' it said, 'law enforcement is not required to share information, updates, or even confirm an investigation is ongoing.' USA Gymnastics President Li Li Leung called the center's task 'really tough, difficult to navigate.' 'I would like to see more consistency with their outcomes and sanctions,' Leung said. 'I would like to see more standardization on things. I would like to see more communication, more transparency from their side.' A case that lingers, even after the SafeSport ban As the investigation proceeded, Gardner said on his Facebook page he had landed a new job in May 2024 as a surgical technologist at MercyOne West Des Moines Medical Center. It's a role that calls for positioning patients on the operating room table, and assisting with procedures and post-surgery care. Asked about Gardner's employment, hospital spokesman Todd Mizener told the AP: 'The only information I can provide is that he is no longer" at the hospital. Meanwhile, the case lingers, leaving lives in limbo more than three years after the SafeSport Center and police first learned of it. 'SafeSport is now part of a larger problem rather than a solution, if it was ever a solution,' said attorney Silvey. 'The most fundamental professional task such as coordination with local or federal law enforcement gets botched on a daily basis, hundreds of times a year now.'
