01 March 2017 :

Federal Appeals Court Overturns Death Penalty of Andrew Lee Thomas as a Result of Prosecutorial Misconduct. The U.S. Court of Appeals for the Sixth Circuit overturned the conviction and death sentence of Tennessee death-row prisoner Andrew Lee Thomas, Jr., ruling that Shelby County District Attorney General Amy Weirich had unconstitutionally withheld evidence that a key prosecution witness had been paid for her cooperation in the case and then elicited perjured testimony from the witness lying about the payment. The case is Thomas v. Westbrooks, No. 15-5399. Weirich is currently facing ethical charges from the Tennessee Board of Professional Responsibility arising out of misconduct in another murder trial, State v. Noura Jackson, in which the Tennessee Supreme Court found that Weirich had failed to disclose exculpatory evidence to the defense and had improperly commented on the defendant's decision not to testify. Thomas was sentenced to death on December 14, 2001 for the April 21, 1997 robbery and shooting of an armored truck guard, James Day. According to the court's ruling in Thomas's case, his former girlfriend, Angela Jackson, had provided "the only reliable testimony placing Thomas at the scene of the shooting." During trial, Weirich asked Jackson: "Have you collected one red cent for this?" Jackson replied, "No, ma'am. I have not." In fact, Jackson had been paid $750 by the FBI on behalf of the joint state and federal Safe Streets Task Force. Calling Weirich's failure to disclose the payment “egregious,” the court said the "prosecutor had a duty to disclose this payment rather than allow the witness to commit perjury by denying its existence." Shelby County, where Thomas was tried, is among the 2% of U.S. counties that account for a majority of all death sentences imposed in the United States. Its county prosecutors have been dogged by charges of misconduct. In 2014, Weirich defended the conduct of Tom Henderson, a veteran homicide prosecutor in her office who had been censured by the Tennessee Supreme Court for misconduct in the capital trial of Michael Rimmer after a judge had found that Henderson had made “blatantly false, inappropriate and ethically questionable” statements to the Court and defense counsel about the existence of exculpatory evidence, “purposefully misled counsel with regard to the evidence,” and withheld exculpatory evidence he was constitutionally required to disclose.