Carruth v. Hamm
| Decision Date | 20 September 2022 |
| Docket Number | 2:14-CV-1107-WKW [WO] |
| Parties | MICHAEL DAVID CARRUTH, Petitioner, v. JOHN Q. HAMM, Respondent. |
| Court | U.S. District Court — Middle District of Alabama |
In the early morning hours of February 18, 2002, Petitioner Michael David Carruth and his accomplice shot a twelve-year-old boy and slashed the throat of his father, leaving both covered with dirt in a shallow grave. The father survived his injuries, later testifying against Carruth and his accomplice at trial in Alabama state court. Carruth was convicted of four counts of first-degree murder, one count of attempted murder, one count of first-degree burglary, and one count of first-degree robbery. On December 3, 2003, he was sentenced to death.
Carruth now brings this federal habeas corpus action, asserting that his conviction and sentence were obtained in a manner contrary to the provisions of the United States Constitution. For the reasons stated below, Carruth is not entitled to relief on any of his claims, and his petition is due to be dismissed.
1. Leave to File a Petition for Writ of Certiorari Out of Time ........................... 13
2. The Remaining Portions of the Rule 32 Petition ........................... 15
3. The Present Petition for Writ of Habeas Corpus ........................... 15
1. Lack of Experience of the Trial Counsel ........................... 27
2. Failure to Ensure the Transcription of Off-the-Record Discussions ........................... 30
3. Failure to Exploit a Changing Account of the Crime ........................... 32
4. Failure to Adequately Cross-Examine Several Witnesses ........................... 34
5. Conceding Felony Murder ........................... 35
6. Failure to Investigate and Failure to Present Evidence During the Guilt/Innocence Phase ........................... 38
7. Failure to Investigate and Failure to Present Evidence During the Penalty Phase ........................... 44
8. Waiving Opening Statement in the Penalty Phase ........................... 51
9. Failure to Raise Additional Mitigating Circumstances ........................... 54
10. Ineffective Closing Statement in the Penalty Phase ........................... 60
1. Failure to Provide Any Grounds for a New Trial in the Motion for New Trial ........................... 64
2. Failure to File a Petition for Writ of Certiorari in the Alabama Supreme Court ........................... 77
1. Failure to Allege Essential Elements of the Offense ........................... 93
2. Constructive Amendment of the Indictment ........................... 96
1. Racial Bias in Jury Selection ........................... 126
2. Erroneous Refusal to Excuse Unfit Juror ........................... 134
3. Improper Grant of a Challenge for Cause ........................... 144
4. Death-Qualifying the Jury ........................... 155
1. Hidden Bias of a Juror ........................... 156
2. Premature Deliberations by the Jury ........................... 158
1. Assertion of Facts Not in Evidence ........................... 175
2. Improper Argument in the Guilt/Innocence Phase ........................... 180
3. Improper Argument in the Penalty Phase ........................... 188
1. Mention of Another Crime ........................... 195
2. Admission of Photographic Evidence ........................... 205
3. Hearsay Statements of a Co-Conspirator ........................... 211
1. Definition of Burglary ........................... 218
2. Definition of the “Heinous, Atrocious, or Cruel” Aggravating Circumstance ........................... 221
3. Explanation of the Balancing Test ........................... 226
4. Double-Counting Kidnapping, Burglary, and Robbery ........................... 230
Petitioner Michael David Carruth was a bail bondsman. His co-conspirator, Jimmy Lee Brooks, Jr., was in the business of repossessing cars. (Doc. # 21-21 at 106, 148.)[1] While conducting his business of repossessing cars some time before the offense, Brooks went with his father to the home of Forrest Fleming “Butch” Bowyer, who operated a used car lot, and witnessed Forrest Bowyer exchange cash with Brooks's father. (Doc. # 21-21 at 108, 148.)
Knowing that a substantial sum of cash was maintained at the Bowyer residence, Brooks conspired with Carruth to rob Forrest Bowyer.
In the evening of February 17, 2002, a white Ford Crown Victoria-a vehicle model commonly known for its use by law enforcement-arrived at the Bowyer residence in Russell County, Alabama. (Doc. # 21-21 at 79, 142.) The vehicle interior was outfitted with a security partition between the front and rear of the vehicle, (Doc. # 21-21 at 190), and the exterior featured multiple extra antennas on the trunk area. (Doc. #21-22 at 53.) Out of the vehicle stepped Carruth, wearing a hat emblazoned with the word “narcotics” and a jacket with the word “agent.” (Doc. # 21-21 at 104, 142.) Carruth carried an air pistol, handcuffs, and a document with him. (Doc. # 21-21 at 143-44, 157.)
When Forrest Bowyer answered the door and asked if he could help Carruth, Carruth produced the document, claiming it was a warrant for Forrest Bowyer's arrest. As Carruth handed Forrest Bowyer the forged warrant, Carruth handcuffed him and told him that he had to be taken to the sheriff's office. Forrest Bowyer, who was living only with his twelve-year-old son William Brett Bowyer, asked for permission to call someone to stay with his son. Carruth insisted that no one could be called, roused Brett Bowyer, and placed the two Bowyers in the rear of the vehicle. (Doc. # 21-21 at 143-46.)
Inside the vehicle, Brooks was sitting in the driver's seat. Carruth seated himself in the passenger's seat. The vehicle then left the Bowyer residence and began travelling toward the sheriff's office. When the vehicle passed the sheriff's office, Forrest Bowyer asked why they were not turning in. Carruth and Brooks said that they had to meet somebody down the road and started talking on the phone. (Doc. # 21-21 at 147.)
The vehicle eventually pulled into a construction site approximately a quarter mile off the highway, where Brooks parked the vehicle and blinked the headlights as if signaling to someone. Carruth and Brooks exited the vehicle, handcuffed Brett Bowyer in the rear of the vehicle, and walked Forrest Bowyer about one hundred to two hundred yards in front of the car. Carruth and Brooks demanded that Forrest Bowyer give them a safe with one hundred thousand dollars inside, which they insisted was located at the Bowyer residence. Though no safe existed, Forrest Bowyer agreed to give them money that was stored at the residence. Carruth and Brooks took Forrest Bowyer back to the vehicle, and Carruth drove the four back to the Bowyer residence. (Doc. # 21-21 at 149-53.) On the drive, Forrest Bowyer told Carruth and Brooks that he would give them more money if they would let him and his son go. Carruth agreed. (Doc. # 21-21 at 156.)
Once at the Bowyer residence, Carruth and Brooks again removed Forrest Bowyer from the vehicle, leaving Brett Bowyer in the rear. Carruth and Brooks put a knife to the throat of Forrest Bowyer, who led them to a box in his closet containing approximately forty-seven thousand dollars in cash. (Doc. # 21-21 at 153-54.) Carruth and Brooks also took a pistol from the closet. Carruth and Brooks put Forrest Bowyer back into the vehicle, and the four travelled back to the construction site, where they parked at a different location. (Doc. # 21-21 at 157159.)
Carruth took Forrest Bowyer out of the vehicle once again and began walking him away from the front of the vehicle. Without warning, Carruth turned to Forrest Bowyer and cut the side of his throat with a knife, saying “that's sharp, isn't it?” Carruth then pushed Forrest Bowyer down to his hands and knees, took the knife again, and cut Forrest Bowyer across his throat. Carruth then sat on Forrest Bowyer's back and told him to “be quiet and go to sleep.” (Doc. # 21-21 at 160-61.)
Brooks then removed Brett Bowyer from the vehicle and brought him to where his father laid. Carruth and Brooks interrogated Brett Bowyer regarding the whereabouts...
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