Arthur's legal battles far from over

MONTGOMERY - Tommy Arthur, whose scheduled execution was delayed for a third time last week, has moved from a holding cell near the lethal injection chamber back to death row as his case goes before a Jefferson County circuit judge to sort out.

Arthur, formerly of Sheffield, has been on death row for nearly 26 years after being convicted for the 1982 murder of Troy Wicker Jr. in Muscle Shoals.

Another state inmate, Bobby Gilbert, confessed to the Feb. 1, 1982, murder last week, but several officials involved in the case say he is not credible.

The Alabama Supreme Court, however, by a 5-4 vote Wednesday, stayed the execution that was scheduled for Thursday at 6 p.m. The Supreme Court didn't give a reason for the action, but the justices had Gilbert's statement saying he killed Wicker.

Meanwhile, a state prosecutor said he has not been able to find the DNA evidence that might prove whether Gilbert is telling the truth.

"I killed Judy Wicker's husband and I would be willing to agree to a DNA test," Gilbert states in his confession.

Supreme Court Clerk Robert Esdale said that as a result of the stay, there's no other pending motion in Arthur's case that requires action by that court. He said the next step is for the court to issue an order on where Arthur's case goes now. The court's next conference is Monday, and any order would be issued after that.

"We'll just let the nature take its course on the Rule 32 petition," he said of Arthur's legal filing in Jefferson County. A Rule 32 petition is for post-conviction issues.

A hearing has not been scheduled in the Jefferson County court.

"What is currently at issue is a confession from an incredible person whose statement is riddled with inconsistencies," said Attorney General Troy King said.

Gilbert said he was 17 when he killed Wicker, but King believes he was 15 considering there is a dispute about his year of birth.

Arthur's defense attorney, Suhana Han, wants evidence from the crime scene that might be able to prove who is telling the truth.

Han wants the rape kit performed on the victim's wife, Judy Wicker, so it can be tested for DNA. Judy Wicker claimed initially that a black male raped her and killed her husband, but she later testified that Arthur killed him. Judy Wicker, who has already served the sentence for her role in the case, testified that she paid Arthur $10,000 and had sex with him to kill her husband.

Gilbert said in his statement that he had sex with Wicker in the hallway of her home between 9 a.m. and noon on the day of the murder.

"Somebody would have noticed that," King said sarcastically. Police were called to the Wicker home at 9:12 a.m. that day.

Judy Wicker, in a sworn affidavit, said she did not know Gilbert and again said Arthur killed her husband.

Clay Crenshaw, head of the attorney general's capital litigation section, said he asked the Muscle Shoals Police Department, the Colbert County district attorney's office and the Alabama Department of Forensic Sciences for the rape kit that was done on Judy Wicker, but was told they didn't have it.

Han said she does not think Crenshaw's explanation is sufficient. "Why is the state only inquiring about it the last six months when we have been litigating (for it) since 2002? The state needs to explain what happened to Judy Wicker's rape kit," Han said.

Colbert County District Attorney Bryce Graham, who inherited the Arthur prosecution, said he will not look for the rape kit until ordered by the proper legal authority.

Assistant attorney general Jasper Roberts Jr. said he's unsure what the evidence preservation procedure was between 1982 and 1987.

Prosecutors tried to interview Gilbert about Wicker, but he only wanted to talk about sex with Judy Wicker, Roberts said.

Crenshaw said Gilbert cannot be believed.

"He's a lying, murdering despicable human being and I hope the court didn't grant a stay because of the guy's affidavit," Crenshaw said.

Gilbert is in prison after killing two people and trying to kill a third.

If convicted of Wicker's death, he would not face the death penalty.

Han said she doesn't know whether Gilbert is telling the truth, but as Arthur's lawyer she is obligated to get Gilbert's statement before a judge.

Jefferson County Circuit Judge Teresa Pulliam inherited the case when the trial judge in Arthur's case retired, according to Presiding Jefferson County Judge Scott Vowell.

Arthur was convicted of murder in three trials.