Frank Chandler - Chronology of Events

10/13/2004 - Correction Secretary Theodis Beck sets Nov. 12, 2004 as the execution date for Frank Chandler.

10/4/2004 - US Supreme Court denies Chandler's petition for a Writ of Certiorari.

3/8/1996 - NC Supreme Court affirms Chandler's conviction and death sentence.

7/20/1993 - Frank Chandler sentenced to death in Surry County Superior Court for the murder of Doris Poore.

Execution date set for Frank Chandler

RALEIGH - Correction Secretary Theodis Beck has set Nov. 12, 2004 as the execution date for inmate Frank Ray Chandler. The execution is scheduled for 2:00 a.m. at Central Prison in Raleigh. Chandler, 32, was sentenced to death July 20, 1993 in Surry County Superior Court for the December 1992 murder of 90-year old Doris Poore.

Central Prison Warden Marvin Polk will explain the execution procedures during a media tour scheduled for Monday, Nov. 8 at 10:00 a.m. Interested media representatives should arrive at Central Prison’s visitor center promptly at 10:00 a.m. on the tour date. The session will last approximately one hour.

The media tour will be the only opportunity to photograph the execution chamber and deathwatch area before the execution. Journalists who plan to attend the tour should contact the Department of Correction Public Affairs Office at (919) 716-3700 by 5:00 p.m. on Friday, Nov. 5.

Raleigh News & Observer

"Frank Ray Chandler executed for 1992 killing of elderly woman," by Emery P. Dalesio. (AP November 12, 2004)

RALEIGH, N.C. -- Frank Ray Chandler, who broke into a Mount Airy home hoping to steal marijuana and killed the 90-year-old woman who lived there, was executed for the crime early Friday. Chandler, who had stopped pursuing court appeals, seemed resigned to his fate. He raised his head several times to scan the faces of witnesses sitting shoulder-to-shoulder on the other side of soundproof glass, but otherwise waited with eyes closed and head resting on a light-blue pillow for the lethal injection. When it was administered, he took two shallow breaths, then stopped breathing. None of the witnesses had an audible reaction. Chandler made no final statement.

Chandler, 32, had been visited in his final hours at Central Prison by his parents, brother and sisters, who stayed at the prison until they were obliged to leave him three hours before his death. None stayed to witness the execution. "He didn't want his family here because of the horror of it," said Mark Rabil, one of three defense attorneys who remained as witnesses. "This is not a peaceful death. There's no privacy. There's no sacredness as there should be. It's just not the way that death should be." Two of Poore's great-granddaughters witnessed the execution, one with arms crossed and the other with her hands in her lap. Neither commented afterward.

Chandler was put to death for killing Doris Poore, who surprised him when he broke into her house on a misguided search for drugs, on Dec. 11, 1992. Poore died of head injuries she suffered when Chandler, startled in the dark by her scream, swung his hand and hit her.

Chandler's death sentence hinged on the decision by jurors to agree with prosecutors that because he broke into Poore's home hoping to steal drugs, he killed Poore "for pecuniary gain" during his attempted theft. Her death during a felony burglary was an "aggravating factor" that made him eligible for the death penalty. But State Supreme Court Justice Robert Orr, a death penalty supporter, argued that Chandler shouldn't be executed since he didn't kill Poore for money. He asked Gov. Mike Easley to convert Chandler's death sentence to life in prison. "There's no question that he's guilty," Orr said Thursday. "There are some cases that merit the death penalty. I don't think this is one of them."

Easley rejected the clemency request about six hours before the execution.

Chandler was the fourth person executed in North Carolina this year and the 34th executed in the state since capital punishment was reinstated in 1977.

ProDeathPenalty.Com

Frank Chandler was sentenced to die for the murder of Doris Poore, a ninety-year-old widow who was killed during a burglary of her home on 11 December 1992. Chandler was indicted for first-degree murder, first-degree burglary, attempted larceny, attempted first-degree rape, and attempted first-degree sexual offense.

Chandler took the stand as the only defense witness and testified that he left his aunt's house between midnight and 12:30 am on December 11, 1992 and walked to Doris's house. After knocking on the window, back door, and garage door, and not getting an answer, he entered the house through the unlocked basement door. He proceeded up the stairs, cut the screen door with a pocketknife, and opened the back door leading to the kitchen. Chandler testified that as he started to walk through the house, he saw something out of the corner of his eye. When he started to leave, somebody behind him screamed. He said he then turned and swung, making Doris fall against him. He testified that as Mrs. Poore was falling, he caught her; he then carried her to her bed, put her in the bed, and went to the bathroom to wash the blood off his hand. He saw Mrs. Poore's clothes at the front of the toilet, picked them up, put them next to her in her bed, and covered her up. Chandler testified that he had not known who lived in the house, but thought that a man lived there because he had seen a blue pickup truck parked in front of the house before and had seen a man smoking "reefer" or marijuana there. Chandler testified that after he left the house, he washed his clothes and that he still had them. On cross-examination, he testified that after he killed Mrs. Poore, he did not look for the marijuana as he had originally planned.

UPDATE: Frank Chandler, 32, was put to death at Central Prison for killing 90-year-old Doris Poore, who surprised him when he broke into her house on a misguided search for drugs. He lay on a gurney, raising his head several times to look at the gathered witnesses, then reclined and closed his eyes. When the injection was administered, he gave two sharp breaths, then stopped breathing. Chandler was pronounced dead at 2:13 a.m., a Corrections Department spokeswoman said. He had been visited in his final hours by his parents, brother and sisters. None stayed to witness the execution. Poore's great-granddaughters stayed as witnesses but had no comment.

Poore, who lived alone in Mount Airy, was killed on Dec. 11, 1992. Her body was found the following day by a housekeeper. Chandler was arrested less than a month later. He testified at his trial that he was looking for marijuana and thought he had broken into the house of drug users. Poore died of head injuries she suffered when Chandler, startled in the dark by her scream, swung his hand and hit her. The jury agreed with prosecutors that he killed Poore with the aggravating factor of seeking financial gain, which made him eligible for the death penalty. But State Supreme Court Justice Robert Orr, a death penalty supporter, argued that Chandler shouldn't be executed since he didn't kill Poore for money. Orr, who stepped down from the court in July, had urged Gov. Mike Easley to stop the execution, but Easley rejected a request for clemency about six hours before the execution.

Winston-Salem Journal

"Frank Ray Chandler executed for 1992 killing of elderly woman," by Emery P. Dalesio. (AP November 12, 2004)

RALEIGH, N.C. - Frank Ray Chandler, whose death sentence for accidentally killing a woman during a 1992 robbery was opposed even by some capital punishment supporters, was executed early Friday for the crime. Chandler, 32, was put to death by injection at Central Prison for killing 90-year-old Doris Poore, who surprised him when he broke into her house on a misguided search for drugs.

He lay on a gurney, raising his head several times to look at the gathered witnesses, then reclined and closed his eyes as he awaited the lethal injection. When it was administered, he gave two sharp breaths, then stopped breathing. Chandler was pronounced dead at 2:13 a.m., a Corrections Department spokeswoman said.

He had been visited in his final hours by his parents, brother and sisters, who remained at the prison until they were obliged to leave him at 11 p.m. None stayed to witness the execution. "He didn't want his family here because of the horror of it," said Mark Rabil, one of three defense attorneys who remained as witnesses. Poore's great-granddaughters also witnessed the execution, but had no comment.

Poore, who lived alone in Mount Airy, was killed on Dec. 11, 1992. Her body was found the following day by a housekeeper. Chandler's fingerprints were found in the house and he was arrested less than a month later. He testified at his trial that he was looking for marijuana and thought he had broken into the house of drug users. Poore died of head injuries she suffered when Chandler, startled in the dark by her scream, swung his hand and hit her.

The jury agreed with prosecutors that he killed Poore "for pecuniary gain" during his attempted theft, an "aggravating factor" that made him eligible for the death penalty. But State Supreme Court Justice Robert Orr, a death penalty supporter, argued that Chandler shouldn't be executed since he didn't kill Poore for money. "I think the whole pecuniary gain aggravator has been stretched well beyond the intent of the law," Orr said Thursday. "This case stretched it even farther." Orr, who stepped down from the court in July, had urged Gov. Mike Easley to stop the execution, but Easley rejected a request for clemency about six hours before the execution.

Mount Airy police Maj. Gray Shelton, who helped investigated the slaying, said the community was outraged by Poore's death. Poore's daughter, Lucy Browne, said her mother couldn't drive but took frequent trips with friends and was active in church and senior citizen organizations. "She was such a nice lady," said Poore's son-in-law John Browne. "Everybody knew her."

News-14 Caolina

"Frank Ray Chandler executed for 1992 killing of elderly woman." (AP 11/12/2004 8:52 AM)

(RALEIGH) - A man who swung out his hand during a 1992 home burglary, killing a 90-year-old woman with a blow to her head, was put to death early Friday at Raleigh's Central Prison.

The death sentence for Frank Ray Chandler earned opposition from a staunch supporter of capital punishment who said the circumstances merited a lesser sentence. But the execution went forward and Chandler was pronounced dead at 2:13 a.m.

Chandler, 32, killed Doris Poore when he broke into the house where she lived alone on December 11, 1992. At his trial, Chandler said he mistakenly thought drug users lived there, and he was searching for marijuana. When the frightened woman screamed in the dark, Chandler was startled and hit her. She died of head injuries.

The jury said the circumstances of Poore's death included aggravating factors that justified the death penalty. But State Supreme Court Justice Robert Orr -- ordinarily a death penalty supporter -- said that was wrong, because Chandler didn’t kill Poore for money.

Winston-Salem Journal

"Attorney: Defendant doesn't deserve death; He's to die Friday in 90-year-old's killing." (AP November 9, 2004)

A man sentenced to death in the killing of a 90-year-old woman should have his sentence commuted because the punishment is too harsh and the defendant was poorly represented at trial, his attorney said yesterday.

Frank Ray Chandler is scheduled to be executed early Friday in the 1992 killing of 90-year-old Doris Poore during a burglary of the Mount Airy home where she lived alone. "It is not a case deserving of the death penalty," said Mark Rabil, Chandler's attorney, at a news conference in Raleigh. "What happened here was nothing other than a terrible and tragic accident."

Chandler's appeals have been rejected by the state and federal courts; the defendant has asked his attorneys not to file last-minute legal requests to stop his execution. That means that Gov. Mike Easley, who held a clemency hearing last week, is the only person standing between Chandler and lethal injection. He is scheduled to be executed at 2 a.m. Friday at Central Prison in Raleigh.

At the trial, Chandler, now 32, testified that he entered Poore's home early on the morning of Dec. 11, 1992, believing that he could find marijuana inside. Chandler said he heard someone scream as he was leaving, and swung his arm, striking Poore in the head. Chandler testified that he then carried Poore to the bed and left. Poore's housekeeper and son-in-law found her partially clothed body the next morning. Nothing was taken from the home, although a witness said that Chandler had planned to take her purse. The medical examiner said that Poore died from the head blow and had bruises and lacerations.

The state prosecuted the crime as a capital case because Chandler apparently was committing a felony at the time of Poore's death. A jury convicted him of first-degree murder and attempted larceny and sentenced him to death. Rabil says the sentence should be reduced because Poore's death wasn't premeditated.

Chandler has a prominent supporter in his bid for clemency - Bob Orr, a former N.C. Supreme Court justice. Orr, a death-penalty supporter, wrote the only dissenting opinion in a 1996 ruling by the court that upheld Chandler's jury conviction and death sentence. He said that Chandler should have been spared the death penalty because prosecutors did not properly present arguments that the defendant killed Poore for monetary gain.

Rabil also noted that both of Chandler's defense attorneys failed to disclose that they had represented the prosecution's key witness in previous cases. The witness, Jeffrey Kyle Wilson, testified that Chandler confessed to the break-in and killing while both were in jail. Rabil said that the district attorney in the case, James Dellinger, also should have informed jurors that in exchange for his testimony, Wilson got a plea agreement on his pending charges and $2,500 in reward money for Chandler's conviction.

One of Chandler's attorneys, Terry L. Collins, was disbarred and convicted in 1998 of forgery and fraud as part of a scheme to help people illegally obtain drivers' licenses. Rabil said that Collins' former secretary told him that the lawyer often used the same closing arguments in multiple capital cases. "Frank's attorneys basically did a terrible job at the trial," Rabil said.

Neither Collins nor the Surry district attorney's office immediately returned phone calls yesterday for comment. It wasn't clear when Easley would announce his clemency decision. North Carolina has executed three people this year; another prisoner, Charles Walker, is scheduled to be executed Dec. 3.

Winston-Salem Journal

"Governor denies clemency; Frank Ray Chandler was convicted of killing woman in 1992," by Lisa Hoppenjans. (11-12-04)

Gov. Mike Easley denied clemency last night for a man scheduled to die by lethal injection at 2 a.m. today for killing a 90-year-old Mount Airy woman in her home. Frank Ray Chandler, 32, was not pursuing any further legal appeals. "Having carefully reviewed the clemency petition, I conclude that there are no compelling reasons to invalidate the sentence recommended by the jury and affirmed by the courts," Easley said in a press release.

Chandler requested a last meal of a Pizza Hut thin-crust, medium pizza topped with extra cheese, pepperoni, ham, Canadian bacon, mushrooms and black olives served with iced milk, said Pam Walker, a Correction Department spokeswoman. He spent yesterday receiving visits from his attorneys and family members, including his brother, sisters and parents.

Chandler was convicted of the Dec. 11, 1992, of killing Doris Poore, a widow who lived alone. In his 1993 trial, he testified that he thought someone else lived in the home and broke in looking for marijuana. He said he was in the dark when he was startled by a scream and swung out with his arm, hitting Poore in the head. Evidence showed that Poore died from a blow to the head, which fractured her skull and caused brain damage.

Prosecutors argued that Chandler had tried to sexually assault Poore, who was found partially clothed in her bed, and that he had tried to steal her purse but could not find it. Chandler was acquitted of the sex-offense charges, but convicted of attempted larceny, first-degree burglary, and first-degree murder. The first-degree murder conviction resulted from the finding that Chandler was committing another felony, burglary, when Poore was killed. The jury rejected a verdict of first-degree murder based on premeditation and deliberation.

Jurors sentenced Chandler to the death penalty based on the aggravating factor that Chandler had committed the murder for "pecuniary gain" during the attempted theft.

But N.C. Supreme Court Justice Robert Orr, a death-penalty supporter, said that factor was inappropriately submitted to the jury and urged Easley last week to commute Chandler's sentence. In a 1996 dissenting opinion in Chandler's case, Orr wrote that the pecuniary-gain factor had been stretched beyond the intent of the law. Though there was evidence that Chandler had a pecuniary-gain motive for breaking into Poore's house, Orr wrote, there was no evidence that the actual killing was for monetary gain. "The facts here are totally opposite from circumstances where, for example, a defendant is paid to commit murder, commits murder in order to collect insurance proceeds, or shoots a store clerk who refuses to open a cash register," he wrote.

Orr also said that the death sentence was disproportionate in this case, an argument echoed by Chandler's attorneys in their clemency petition. Mark Rabil and J. Clark Fischer asked Easley to commute the sentence to life in prison because Poore's death was an "accidental murder."

Grants of executive clemency are rare. Former Gov. Jim Hunt granted clemency twice during his four terms in office. Easley has commuted the death sentences of two men to life in prison without parole. Chandler's execution will be the 18th during Easley's time in office.

Winston-Salem Journal

"Easley asked to halt death; He weighs clemency plea in the killing of Surry woman, 90," by Lisa Hoppenjans (11-11-04)

Gov. Mike Easley must decide whether a Mount Airy man convicted of killing a 90-year-old woman is deserving of clemency. Attorneys for Frank Ray Chandler say that the death sentence imposed by the jury is too harsh in this case and that prosecutors suppressed evidence that could have damaged the credibility of their key witness.

Chandler, 32, is scheduled to be executed at 2 a.m. Friday at Central Prison in Raleigh. He was convicted and sentenced to death in the 1992 killing of Doris Poore in a burglary at her home in Mount Airy.

In a one-page letter to Easley, Chandler asked that he be allowed to contact Poore's family to tell them that he is sorry. He said that his attorney had encouraged him to write to beg for his life, but "this is not something I can do." "Instead I will tell you what I would like to do if you were to grant me clemancy (sic). I want to get involved with the scared straight program. Maybe I could keep some kids from making the same mistakes I've made," he wrote. "If I could help just one kid I would have accomplished something in my life."

John Browne, Poore's son-in-law, said that relatives visited with one of Easley's aides last week to urge him to allow the death sentence to go through. "I don't think he deserves any clemency. He hasn't shown any sorrow about doing such a terrible thing to such a nice old lady," Browne said.

Mark Rabil, one of Chandler's attorneys, said that Poore's killing, though tragic, was accidental and that his client shouldn't get the death penalty. "Frank deserves life in prison, but he's not the worst of the worst," Rabil said.

Chandler testified at his trial in 1993 that he entered Poore's home in the early hours of Dec. 11, 1992, mistakenly believing that he could find marijuana there. He said that Poore walked up near him in the dark and screamed when she saw him. He said he was startled and swung his arm around and hit Poore in the head. Chandler said he carried Poore to her bedroom and put her on her bed. She was found dead there the next morning, only partially clothed. Evidence showed that Poore died of a single blow to the head, which fractured her skull and caused brain damage.

Prosecutors argued that Chandler had singled Poore out because he knew that she lived alone and that he had tried to sexually assault her. However, there was no evidence of sexual assault and Chandler was acquitted on sex-offense charges. Jurors found Chandler guilty of first-degree murder on the basis that he was committing another felony - burglary - at the time of Poore's death, rather than on the basis of premeditation and deliberation.

Though Chandler admitted to killing Poore, Rabil said that some of the most damaging testimony came from a witness for the prosecution, Jeffrey Kyle Wilson. Rabil said that Wilson embellished his story in hopes of getting a better plea agreement on pending charges. Wilson testified that Chandler confessed to killing Poore while the two men shared a cell at the Surry County Jail. He said that Chandler told him that he had tried to steal Poore's purse but could not find it, that Chandler looked at Poore's private parts and that Chandler told him he would "play crazy" at trial.

"Mr. Wilson's testimony converted this case from a botched break-in and accidental death, as described in Mr. Chandler's testimony, into an unremorseful sexual pervert breaking into an elderly victim's house and lifting her garments to look at her private parts," Chandler's attorneys wrote in a petition to the U.S. Supreme Court, which was rejected. Wilson said at trial that he was testifying "to make sure this never happens again" and that he had no hope of personal gain. However, testimony by a police investigator at a post-conviction hearing revealed that when Wilson first met with investigators, his first words were, "What's in it for me?" Police reports later disclosed also showed that Wilson brought up his pending charges several times in interviews. After his testimony, Wilson received a plea bargain and, at the request of District Attorney Jim Dellinger, a payment of $2,500 from a fund rewarding information in the case. In a letter requesting the payment, Dellinger said that "a conviction was not possible" without Wilson's testimony.

According to the affidavit of one of Chandler's attorneys, J. Clark Fischer, Wilson told Fischer on Oct. 27 that Chandler had given him few details about Poore's killing. Wilson said he had been told that his charges would be taken care of if he testified the way prosecutors wanted him to. Wilson also told Fischer that he had used drugs with one of Chandler's trial attorneys, Terry L. Collins. Collins was disbarred in 1998 after pleading guilty to making fake driver's licenses for clients with driving-while-impaired convictions.

Collins said that the allegations of drug use are false and that he never had any social relationship with Wilson. "That's so ludicrous I don't even care to respond," he said. "They can make up whatever they want to make up. If there were any defects in the trial, it would appear to me that they would have been found by now."

Browne said that his mother-in-law, a widow, had lived alone for about 35 years before her killing. Browne and his wife, Lucy, lived just around the corner, and Poore's other daughter was just a few blocks away if she needed anything. Poore didn't drive, Browne said, but would get friends or relatives to take her to rest homes, where she would spend the days visiting friends. Her funeral was at the biggest church in town, he said, and it was packed. "She was a great person. You wouldn't believe the people that loved her," Browne said. "She had a way of being kind to everybody."

The Common Sense Foundation

"NO DEFENSE FOR DEATH." (November 9, 2004)

If Frank Chandler is indeed executed this coming Friday morning as scheduled, then it will no longer be possible for anyone in North Carolina to say that the death penalty is fair.

If it were fair, then Chandler would have been convicted of premeditated murder, since capital punishment is supposed to be reserved for the worst of the worst. Instead the jury in Chandler’s case found that the murder was not premeditated, yet jurors still gave Chandler a death sentence because they held that the accidental murder was committed for financial gain (despite the fact that Chandler did not gain financially from the incident).

If it were fair, then Chandler would have had a decent attorney to defend him; instead, he had Terry Collins, who was finally disbarred and sent to jail in 1998 on felony forgery charges (but not before he had helped send no fewer than five of his clients to death row). Newly discovered evidence now suggests that Collins had used drugs on more than one occasion with the state’s star witness in Chandler ’s capital case (a detail that was conveniently omitted when Collins questioned that witness).

If it were fair, then the N.C. Supreme Court would have signed off on his execution without reservation. Instead, one of the most prominent jurists in the state, conservative former Justice Bob Orr, went so far as to visit Gov. Mike Easley last week to ask for clemency for Frank Chandler. Orr dissented when the state Supreme Court upheld Chandler ’s death sentence, and Orr only dissented in four of the more than 200 capital cases he heard while on the bench.

If it were fair, then prosecutors would have revealed to Chandler ’s attorneys that their star witness was a paid informant who got a sweetheart deal in return for his damning testimony, which was almost entirely responsible for sending Chandler to death row. The district attorney responsible for withholding this information was later bounced out of office for financial improprieties.

A 2002 study published by the Common Sense Foundation found that one out of six N.C. death-row inmates had lawyers at trial who have been disciplined by the state bar. Of all the attorneys listed in this report, Terry Collins has the horrible distinction of having put the most men on death row. Frank Chandler is the first of Collins’ clients to reach an execution date.

So besides the fact that Frank Chandler’s trial jury didn’t think Chandler murdered Doris Poore on purpose, and besides the fact that his defense lawyer was one of the worst in the state, and besides the fact that the prosecutors cheated to get a death sentence, and besides the fact that a prominent Supreme Court Justice is begging for Chandler’s life to be spared, this case might be called fair.

A life sentence is one of the options for Gov. Mike Easley. Few cases cry out for life more than Frank Chandler’s does.

National Coalition to Abolish the Death Penalty

Frank Chandler - North Carolina - November 12, 2004

The state of North Carolina is scheduled to execute Frank Ray Chandler, a white man Nov. 12 for the 1992 murder of Doris Poore, a ninety-year old woman in Surry County. Chandler broke into Poore’s house seeking marijuana when Poore surprised him. Chandler responded by turning and striking her with one fatal blow to her head. He was convicted of felony murder as oppose to capital murder because the incident was not premeditated.

Chandler received a death sentence because the prosecution successfully argued the motive for his crime was pecuniary or monetary game. Committing a crime for monetary gain is one of 11 aggravating standards a crime must meet before a defendant is eligible for a death sentence. However, Chandler broke into the house seeking marijuana. According to the testimony of an investigating officer at the trial, the defendant searched for Poore’s pocketbook but was unable to find it. Nothing was stolen before or after Poore’s murder contradicting the notion that the victim was killed directly for pecuniary gain.

North Carolina Supreme Court Justice Robert F. Orr issued a dissenting opinion in Chandler’s appeal stating that he found a death sentence to be inappropriate for the crime. He noted that the state statute mandates a defendant cannot be sentenced to death unless he or she meets one of the eleven aggravating standards including that of pecuniary gain.

Justice Orr wrote, “While the defendant clearly had pecuniary motive for breaking into Mrs. Poore’s house, it is only unsupported speculation that the actual killing had anything to do with pecuniary gain.” There are no facts to indicate the motive for Mrs. Poore’s murder was of pecuniary gain. Justice Oar further indicated, “The sole aggravating circumstance was improperly submitted and the sentence imposed is disproportionate, the defendant should be resentenced and a life sentence imposed.”

Like many death row inmates, Chandler had a trial attorney who was disbarred shortly after his trial. Terry Collins was disbarred in 1998 after pleading guilty to forging birth certificates to help his DWI clients fraudulently obtain driver’s licenses. He served jail time for this offense. Collins represented five death row inmates all of whom maintained he did not provide adequate defense. In Chandler’s case, Collins failed to disclose that he and his co-counsel had previously represented a key prosecution witness in various felony charges, a serious conflict of interest.

According to a recent report released by the Common Sense Foundation, at least one out of every six inmates on North Carolina’s death row, or 35 inmates, were represented by an attorney who was later disbarred. The U.S. Supreme Court has ruled that the constitutional right to a lawyer means an effective lawyer, which one might reasonably conclude excludes attorneys convicted of fraud.

Please write Gov. Easley urging him to commute Frank Chandler’s sentence based on the nature of the crime committed and his inadequate legal defense.

People of Faith Against the Death Penalty

Frank Ray Chandler was sentenced to death in 1993 for the murder of Doris Poore in Surry County.

The murder of Ms. Poore was an accidental killing, committed during the course of a break-in. Chandler mistakenly believed there was marijuana in the home, but the house actually belonged to Ms. Poore, an elderly woman. She awoke to find him there and screamed when she saw him. Startled, Chandler swung his arm, hit her head, and tragically caused her death. The jury found that Chandler did not premeditate the killing.

One of Chandler's trial attorneys used illegal drugs with the State's star witness on more than one occasion prior to Chandler's trial. There was an unquestionable conflict of interest since the attorney did not question the witness about his drug use, which would have undermined his credibility with the jury. The attorney's former secretary reports that the attorney regularly neglected his capital murder clients. The lawyer was later disbarred and convicted of common law forgery. In April of this year, the lawyer was convicted of possession of firearms by a convicted felon and of domestic violence charges.

Both of Chandler's trial lawyers had previously represented the State's star witness, creating a significant conflict of interest. Chandler's lawyers kept quiet about their prior representation. As a result, Chandler was never given the opportunity to have conflict-free counsel represent him in the trial for his life.

The jury that sentenced Chandler to death did so largely on the testimony of the star witness, a jailhouse snitch. Among other things, the snitch told the jury about inflammatory statements Chandler allegedly made about Ms. Poore. What the jury did not know, because the District Attorney's office did not share the information with Chandler, was that the snitch had an incentive to help them obtain a death sentence for Chandler. When first questioned by the authorities, the snitch asked, "What's in it for me?" He was paid $2,500 in reward money for his testimony against Chandler, and a few weeks after Chandler's trial was allowed to enter a plea agreement concerning his pending charges. As a result he received no additional jail time for those charges. The District Attorney in the case, who withheld from Chandler the evidence of the snitch's deal, was later removed from office because of financial improprieties.

Former North Carolina Supreme Court Justice Robert Orr, who reviewed the case on appeal, is among those who say Chandler should have been sentenced to life in prison instead of death. Chandler lost that appeal, but Justice Orr wrote in his dissent, "Because I believe that, in this case, the sole aggravating circumstance was improperly submitted and that the sentence imposed is disproportionate, the defendant should be resentenced and a life sentence imposed."

The above information was prepared from Frank Chandler's legal files.

Take Action!

URGE YOUR CONGREGATION AND YOUR MINISTER TO GET INVOLVED. Meet with your congregation's pastor, rabbi or leader. Ask him or her to preach against this execution and again the death penalty, even if you are sure he or she would not want to do so.

Write an article for the bulletin and announce the protests against the death penalty. Announce the actions (listed below) people can take. Ask your minister or rabbi to write a letter to Gov. Easley.

Urge your congregation to pass a resolution for a moratorium on executions.

CONTACT NC GOV. MIKE EASLEY. In addition to telling Gov. Easley to grant clemency, please ask him to declare an immediate moratorium on executions.

WRITE LETTERS TO THE EDITOR. Letters should be brief (fewer than 250 words) and include your name, address, and telephone number.

Editors prefer e-mail letters if you have that option. Please let us know if any of this contact information has changed. You can find out more about pending executions at www.pfadp.org.

WRITE YOUR STATE REPRESENTATIVE, Senator, and candidates for these offices and urge support for a bill for an immediate moratorium on executions. Tell them about this pending execution as showing more reasons for needing a moratorium. Odds are great that he or she will not even know the execution is scheduled, much less any of the facts about the case. To find out who represents you, click here.

GET OTHERS INVOLVED. Announce scheduled executions and the protests against them in your congregation's bulletin. Pass this alert along to anyone you know who would be willing to help.

ORGANIZE A PROTEST, PRAYER VIGIL OR SERVICE. If you would like to organize a protest, an interfaith vigil or prayer service in your community before a scheduled execution, PFADP can assist you with liturgies and publicity. Contact info@pfadp.org or (919) 933-7567.

PRAY. Remember victims of murder and their families and those on death row in your and your congregation's prayers.

South Bend Tribune

"Paw Paw native faces execution Friday; Received death sentence in North Carolina for murder of 90-year-old," by Patrick O'Neill. (November 11, 2004)

RALEIGH, N.C. -- The sun has risen and set more than 4,000 times over Central Prison since Frank Chandler was brought there July 20, 1993, as a death row prisoner. Unless Gov. Mike Easley grants clemency today, the 32-year-old, who was born in Paw Paw, Mich., will not see another sunrise.

Chandler is scheduled to be executed by injection at 2 a.m. Friday. He was sentenced to death for the Dec. 12, 1992, murder of Doris Poore, a 90-year-old woman whom Chandler said he killed by accident when she startled him in the darkness during a burglary of her Surry County, N.C., home.

Last Sunday, Chandler received a surprise visit from three of his half sisters, who drove to Raleigh from Michigan. Evelyn Elkins and Rhonda Starrett, both of Dowagiac, and Julie Aguilar of Covert, saw Chandler for the first time since he was sentenced to death. "I'm really trusting in God for a miracle," Elkins said. "I am hopeful."

On Monday morning, Chandler came to the maximum-security prison's visiting room to talk about his plight. Chandler, who stands 5-foot 9-inches tall and weighs about 300 pounds, is a large man, who resembles television's Beaver Cleaver. Despite his appearance, in his trial 11 years ago prosecutors presented him as menacing killer. Chandler wears his blondish-red hair in a crew cut. His hairline is slightly receded and his huge arms have several visible tattoos, including a well-drawn barbed wire bracelet on his left wrist, which Chandler said he did himself. "I've pretty much, you know, grown used to the idea that I'll die here," he said.

Ken Rose, executive director of the North Carolina Center for Death Penalty Litigation, a Durham, N.C.-based group that handles legal appeals in capital cases, said he remains hopeful that Easley will spare Chandler's life. "This is a very strong clemency case," Rose said.

Chandler's defense attorney at trial, Terry Collins, now disbarred, allegedly had previously used illegal drugs with the state's key witness, jailhouse informant, Jeffrey Kyle Wilson, who once shared a cell with Chandler. Wilson provided testimony that led to Chandler receiving a death sentence. In exchange for his testimony, Wilson was given relief in his own case and paid a reward from the state, information that was not shared with the jury.

In 1995, the district attorney who prosecuted Chandler, James Dellinger, was removed from office because of improprieties in office, a fact defense attorneys said "strengthens the claim that Mr. Chandler's conviction resulted from prosecutorial misconduct."

Chandler said he moved with his family to Mount Airy, N.C. when he was in sixth grade. Mount Airy, the home town of actor Andy Griffith, was used as a model for the fictitious Mayberry of "The Andy Griffith Show." "I'm regretful that it happened," Chandler said. "I'm very sorry. I'm sorry for the loss for the family members. I've caused them a lot of pain. It's something I wish I had never done, but it's not something that you can take back."

Chandler, the youngest of Franklin and Lorene Chandler's 12 children, said he is being treated well by his fellow inmates on "the row" and by prison staff. In the last week, Chandler has received visits from seven of his sisters. Six drove and another took the bus to Raleigh from Michigan. He will be permitted his first contact visits with family members today. None of his family members plans to witness the execution.

Aguilar said many people are praying her brother's life is spared. Spending more than 11 years on death row may be terrible, but Chandler said he decided to make the best of it when he got there. To pass the time Chandler said he does "a whole lot of reading," everything from religion and history to fiction.

The Daily Tarheel

"Pardon possible for Chandler," by Alex Granados. (November 11, 2004)

Attorneys for convicted murderer Frank Chandler want mercy for their client and are citing conflicts of interest and misapplication of the law as just some of the reasons why he should live.

Chandler is scheduled to die Friday, but supporters, including his counsel and a former State Supreme Court justice, visited Gov. Mike Easley last week seeking clemency for the 32-year-old. The trio says that the murder was accidental and that therefore Chandler should not be killed.

"(Easley) was very interested and engaged in the arguments given," said Robert Orr, the former justice. "He obviously takes it seriously, as well he should."

Chandler's counsel - assistant capital defender Mark Rabil and attorney J. Clark Fischer - has written a letter to Easley explaining its rationale. "This was an 'accidental' murder committed during the course of a felony, a break-in," the letter stated. Rabil said in an interview that the 90-year-old victim, Doris Poore, came upon Chandler in her house and screamed. A surprised Chandler swung his arm and hit Poore in the head, killing her.

The jury did not find that Chandler had acted with premeditation, the main requirement for first-degree murder. But the prosecution claimed that he was seeking "pecuniary gain," one of many aggravating factors in a murder case that makes one eligible for the death penalty.

The star witness for the prosecution, Chandler's cellmate Jeffrey Wilson, provided the testimony regarding the aggravating factor.

He said Chandler searched for the woman's purse after hitting her, thus giving the prosecution all it needed to seek the ultimate punishment. But Chandler did not find a purse and therefore did not gain from his crime.

Questions also have arisen regarding the star witness and his relationship with Chandler's defense attorney, Terry Collins. Collins was disbarred in 1998 after pleading guilty to felony forgery charges. Controversy surrounds the prosecution as well, Rabil said. "The (district attorney) who prosecuted this case was removed from office two years after this case," he said. "Every lawyer in this case is unsavory."

Orr, who reviewed Chandler's case at the state Supreme Court level, said he did not focus on these aspects. He was the lone dissenter among the seven justices. He said Chandler should not be executed because the aggravating factor did not apply in this case. "If there wasn't an aggravator, it is an automatic life sentence," he said. "And this was the only aggravator submitted to the jury."

Neither Easley's office nor the state attorney general's office could be reached for comment.

State v. Chandler, 467 S.E.2d 636 (N.C. 1996) (Direct Appeal).

Defendant was convicted by jury in the Superior Court, Surry County, William H. Freeman, J., of first-degree murder under felony-murder rule, with first-degree burglary as underlying felony. Defendant appealed as of right. The Supreme Court, Mitchell, C.J., held that: (1) defendant was not entitled to conduct voir dire regarding prospective jurors' beliefs about parole eligibility; (2) erroneous inclusion of phrase "attempted larceny" in original burglary instruction was not plain error; (3) conviction for first-degree murder based on underlying felony of burglary was without error despite erroneous inclusion of "attempted larceny" in original jury instruction on burglary; (4) evidence was sufficient to support finding of pecuniary gain aggravating circumstance; (5) evidence did not support jury instruction on mitigating circumstance of mental or emotional disturbance; (6) trial court did not err by not intervening during prosecutors' closing arguments to jury during capital sentencing proceedings; and (7) sentence of death was not disproportionate. Affirmed. Orr, J., filed dissenting opinion.

MITCHELL, Chief Justice.
This case arises out of the death of Doris Poore, a ninety-year-old widow who was killed during a burglary of her home on 11 December 1992.

Defendant was indicted for first-degree murder, first-degree burglary, attempted larceny, attempted first-degree rape, and attempted first-degree sexual offense. He was tried before a jury, which found him guilty of the first-degree murder of Doris Poore under the felony murder rule, with first-degree burglary as the underlying felony. The jury also found him guilty of attempted larceny, but not guilty of attempted first-degree rape or first- degree sexual offense. After a separate capital sentencing proceeding, the jury recommended and the trial court imposed a sentence of death for the first-degree murder conviction and a three-year prison sentence for the attempted larceny conviction.

The State presented evidence at trial tending to show that on 10 December 1992, Mrs. Poore talked by telephone with Grace Vaughn, a friend, until approximately 10:30 p.m. The next day at 8:00 a.m., Lea Quiros, the victim's housekeeper, arrived at Mrs. Poore's house and knocked on the front door. When Mrs. Poore did not answer the door, Mrs. Quiros attempted to call her on the telephone. Again, no one answered. Mrs. Quiros contacted Mr. Jack Leach, Mrs. Poore's son-in-law, who, on arrival, entered the house by the back door. Mr. Leach let Mrs. Quiros in the house. Mr. Leach found Mrs. Poore dead in her bed in a pool of blood.

Special Agent R.D. Melton of the SBI testified that during the investigation of Mrs. Poore's death, he observed that the screen door at the back of her house had been cut with two "L"-shaped cuts above the center support strut on the right side of the door where a latch was located. The screen was slightly pushed in. The wooden door was open, and the screws from the chain lock were pulled from the wall and left hanging on the door.

After entering Mrs. Poore's house, Melton found Mrs. Poore's glasses and hearing aids on the dining room table. Upon entering Mrs. Poore's bedroom, he found bed clothing on the bed, a sheet pulled up over the victim, and an area of pooled blood underneath her head. The victim was lying on the bed with her pajama top open and her body was nude from the waist down; smeared bloody fingerprints were on her abdomen. A pair of pajama bottoms and a pair of panties were wadded together at the foot of the bed between the victim's legs, but slightly beneath her right foot. He also noted that an electric heating pad was on the bed.

Dr. Gregory James Davis, a forensic pathologist, testified that Mrs. Poore died from a single "massive blow" to the head. The blow resulted in a hinge fracture to the scalp, which effectively caused the skull to snap in two resulting in extensive swelling and hemorrhaging of the brain. Mrs. Poore had numerous abrasions, lacerations, and bruises. Special Agent Ricky Navarro, a latent evidence specialist with the SBI, testified that palm and fingerprints matching the defendant's were found on the wooden door leading into the kitchen.

Special Agent J.L. Eddins testified that after he took defendant's fingerprints, he asked defendant to sign a consent to search form. Defendant signed the fingerprint card, but refused to sign the other related documents. After defendant asked to make a phone call, he proceeded to destroy all of the documents and the card.

Jeffrey Kyle Wilson, defendant's cellmate from January 1993 until April 1993, testified that while defendant was in jail, defendant asked him what he should do. Wilson told him to tell the truth so that he would not get the electric chair. Wilson said that defendant replied that "they" did not have the evidence to convict him. Then, defendant described how he had committed the murder and that as a defense, he planned to "play crazy."

Defendant took the stand as the only defense witness and testified that he left his aunt's house between midnight and 12:30 a.m. on 11 December 1992 and walked to the victim's house. After knocking on the window, back door, and garage door, and not getting an answer, he entered the house through the unlocked basement door. He proceeded up the stairs, cut the screen door with a pocketknife, and opened the back door leading to the kitchen. He testified that as he started to walk through the house, he saw something out of the corner of his eye. When he started to leave, somebody behind him screamed. He then turned and swung, making the victim fall against him. He testified that as Mrs. Poore was falling, he caught her; he then carried her to her bed, put her in the bed, and went to the bathroom to wash the blood off his hand. He saw Mrs. Poore's clothes at the front of the toilet, picked them up, put them next to her in her bed, and covered her up.

Defendant testified that he had not known who lived in the house, but thought that a man lived there because he had seen a blue pickup truck parked in front of the house before and had seen a man smoking "reefer" or marijuana there. Defendant testified that after he left the house, he washed his clothes and that he still had them. On cross-examination, defendant testified that after he killed Mrs. Poore, he did not look for the marijuana as he had originally planned.

* * * * Under North Carolina's system for administering capital punishment as mandated by our legislature, the appropriateness of the sentence of death is for the jury to decide. N.C.G.S. § 15A-2000 (1988). Although this Court is required to conduct the function of proportionality review, we are not authorized to substitute our own notions as to the appropriateness of the penalty of death in a given case for those of the jury. Therefore, only in the most clear and extraordinary situations may we properly declare a sentence of death which has been recommended by the jury and ordered by the trial court to be disproportionate. See generally State v. Williams, 308 N.C. 47, 301 S.E.2d 335, cert. denied, 464 U.S. 865, 104 S.Ct. 202, 78 L.Ed.2d 177 (1983). This is not such a case. Accordingly, we conclude that the sentence of death recommended by the jury and ordered by the trial court in the present case is not disproportionate.

For the foregoing reasons, we hold that the defendant received a fair trial, free of prejudicial error, and that the sentence of death entered in the present case must be and is left undisturbed. NO ERROR.

ORR, Justice, dissenting. I respectfully dissent from the majority opinion on two grounds. First, the trial court erred in submitting the (e)(6) aggravating circumstance--that the capital felony was committed for pecuniary gain, N.C.G.S. § 15A-2000(e)(6) (Supp.1995)--and second, the death sentence is disproportionate.

Chandler v. Lee, 89 Fed.Appx. 830 (4th Cir. 2004). (Habeas).

Background: After defendant's conviction of first-degree murder and imposition of the death sentence were affirmed, 342 N.C. 742, 467 S.E.2d 636, and postconviction relief was denied, petitioner sought writ of habeas corpus. Adopting report and recommendation of United States Magistrate Judge Russell A. Eliason, the United States District Court for the Middle District of North Carolina, 252 F.Supp.2d 219, N. Carlton Tilley, Jr., Chief Judge, denied petition, and defendant appealed.

Holdings: The Court of Appeals, William W. Wilkins, Circuit Judge, held that:
(1) state court's ruling that prosecution did not knowingly allow witness to testify falsely was entitled to deference;
(2) state's failure to disclose allegedly exculpatory evidence did not violate Brady;
(3) prior representation by defense co-counsel of key prosecution witness did not result in conflict of interest; and
(4) failure to submit statutory mitigating circumstance instruction did not violate defendant's constitutional rights. Affirmed.

Frank Ray Chandler appeals an order of the district court denying his petition for a writ of habeas corpus, see 28 U.S.C.A. § 2254 (West 1994 & Supp.2003), in which he challenged his conviction and death sentence for the murder of 90-year-old Doris Poore. Finding no error, we affirm.

Poore's body was found on the morning of December 11, 1992. She was lying on her bed with a pool of blood underneath and around her head. Although a sheet had been pulled over Poore, her pajama top was open and she was naked from the waist down; her underwear and pajama bottoms were wadded together near her feet. There were smeared bloody fingerprints on her abdomen. A subsequent autopsy revealed that Poore was killed by a single, massive blow to the head.

At trial, Chandler was linked to the crime by circumstantial evidence. Chandler's palm and fingerprints were found on the door leading into Poore's kitchen. Chandler's cousin, with whom Chandler spent the night of December 10-11, testified that Chandler had left the house for a time late at night; subsequently, Chandler asked his cousin not to tell anyone he had left the house.

The prosecution also presented the testimony of Jeffrey Kyle Wilson, who was Chandler's cellmate for several months following Chandler's arrest. Wilson testified that Chandler described the murder to him. According to Wilson, Chandler stated that he broke into the house and encountered Poore in the kitchen. He struck her on the head and, not realizing that he had killed her, laid her on the bed. When Wilson asked Chandler why Poore was naked from the waist down (information he had learned from the newspaper), Chandler responded that "he had never seen no old p* * *y." Trial Tr., Vol. V, at 614. On direct and cross-examination, Wilson repeatedly denied having sought or been offered any benefit in exchange for his testimony, despite the fact that he had several pending charges. Wilson did acknowledge that one of the investigating officers appeared on his behalf at a parole revocation hearing that took place four days after Wilson's initial contact with police regarding Chandler. Wilson's parole was nevertheless revoked.

Chandler testified in his own defense, claiming that he broke into Poore's house because he believed he could find marijuana there. After knocking on a window, the garage door, and the back door, Chandler entered the house through the basement door and proceeded upstairs to the kitchen. Chandler testified that he saw something out of the corner of his eye and had turned to leave when someone behind him screamed. He swung his left arm as he turned around, striking Poore, who fell against him. Chandler stated that he carried Poore to her bed and then went into the bathroom to wash his hands; he found Poore's pajama bottoms and underwear near the toilet and placed them in the bed with her before he left.

A jury convicted Chandler of first-degree murder, first-degree burglary, and attempted larceny. [FN2] Following a capital sentencing hearing, the jury recommended, and the trial judge imposed, a sentence of death for the murder conviction. The convictions and sentence were affirmed on direct appeal. See State v. Chandler, 342 N.C. 742, 467 S.E.2d 636, cert. denied, 519 U.S. 875, 117 S.Ct. 196, 136 L.Ed.2d 133 (1996). As is relevant here, the North Carolina Supreme Court rejected Chandler's claim that the trial court erred in refusing to submit a particular statutory mitigating circumstance to the jury. See id. at 644-45.

FN2. The jury acquitted Chandler of attempted first-degree rape and attempted first-degree sexual offense.

Chandler thereafter filed a motion for appropriate relief (MAR), which was assigned to the same judge who had presided over Chandler's trial. Chandler claimed, inter alia, that (1) the prosecution had knowingly allowed Wilson to testify falsely, (2) the prosecution failed to disclose evidence that would have impeached Wilson's testimony, and (3) one of his attorneys had previously represented Wilson, and thus was laboring under a conflict of interest in violation of Chandler's Sixth Amendment rights. After conducting a hearing that included the presentation of evidence, the MAR court denied relief.

Chandler filed this federal habeas action on August 12, 1999, raising the claims described above and one additional claim. The matter was referred to a magistrate judge, who recommended that the petition be dismissed. After considering Chandler's objections to the magistrate judge's recommendation, the district court denied relief. See Chandler v. French, 252 F.Supp.2d 219, 224 (M.D.N.C.2003) (adopting recommendations of magistrate judge). We subsequently granted a certificate of appealability, see 28 U.S.C.A. § 2253(c) (West Supp.2003); 4th Cir. R. 22(a), as to the following issues: (1) whether the prosecution knowingly allowed Wilson to testify falsely; (2) whether the prosecution withheld exculpatory evidence concerning Wilson's testimony; (3) whether an actual conflict of interest adversely affected the performance of one of Chandler's attorneys; and (4) whether the refusal to submit a particular mitigating circumstance to the jury violated Chandler's constitutional rights. We denied a certificate of appealability as to Chandler's claim that the trial court provided the jury an unconstitutionally restrictive definition of mitigating evidence.

Because Chandler's claims were adjudicated on their merits by the state courts of North Carolina, our review is limited to determining whether the decision of that court "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court." 28 U.S.C.A. § 2254(d)(1). A state court decision is "contrary to" Supreme Court precedent in either of two situations: (1) when "the state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases," or (2) when "the state court confronts a set of facts that are materially indistinguishable from a decision of [the Supreme] Court and nevertheless arrives at a result different from [the Court's] precedent." Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A state court decision rests on an "unreasonable application" of clearly established Supreme Court precedent when "the state court identifies the correct governing legal principle from [the] Court's decisions but unreasonably applies that principle to the facts of the prisoner's case." Id. at 413.

* * * *

For the reasons set forth above, we conclude that the district court correctly denied Chandler's petition for a writ of habeas corpus. We therefore affirm.

Chandler v. French, 252 F.Supp.2d 219 (M.D.N.C. 2003). (Habeas)

After his convictions of first-degree murder under felony murder rule and death sentence were affirmed, 342 N.C. 742, 467 S.E.2d 636, and postconviction relief was denied, petitioner sought writ of habeas corpus. Defendant filed objections to magistrate's report. Adopting report and recommendation of United States Magistrate Judge Eliason, the District Court, Tilley, Chief Judge, held that: (1) prosecutors did not commit Giglio violation in presenting testimony of jailhouse informer; (2) no Brady violation was shown; (3) actual conflict of interest was not shown as result of defense co-counsel's prior representation of jailhouse informer; (4) failure to submit statutory mitigating circumstance did not violate defendant's Eighth and Fourteenth Amendment rights; and (5) instruction on mitigating evidence was not contrary to or unreasonable application of federal precedent. Writ denied.

This matter is now before the Court on Frank Ray Chandler's Petition for Habeas Corpus under 28 U.S.C. § 2254. In a thorough and carefully reasoned opinion, the United States Magistrate Judge recommended that the petition be denied. Petitioner has objected to the Recommendation on several grounds and this opinion addresses those issues. For the reasons set forth below, the Recommendations of the Magistrate Judge are ADOPTED, and the Petition is DENIED.

The facts, as stated by the North Carolina Supreme Court and to which there is no present dispute, are as follows: This case arises out of the death of Doris Poore, a ninety-year-old widow who was killed during a burglary of her home on 11 December 1992. Defendant was indicted for first-degree murder, first-degree burglary, attempted larceny, attempted first-degree rape, and attempted first-degree sexual offense. He was tried before a jury, which found him guilty of the first-degree murder of Doris Poore under the felony murder rule, with first degree burglary as the underlying felony. The jury also found him guilty of attempted larceny, but not guilty of attempted first-degree rape or first-degree sexual offense. After a separate capital sentencing proceeding, the jury recommended and the trial court imposed a sentence of death for the first-degree murder conviction and a three-year prison sentence for the attempted larceny conviction.

The State presented evidence at trial tending to show that on 10 December 1992, Mrs. Poore talked by telephone with Grace Vaughn, a friend, until approximately 10:30 p.m. The next day at 8:00 a.m., Lea Quiros, the victim's housekeeper, arrived at Mrs. Poore's house and knocked on the front door. When Mrs. Poore did not answer the door, Mrs. Quiros attempted to call her on the telephone. Again, no one answered. Mrs. Quiros contacted Mr. Jack Leach, Mrs. Poore's son-in-law, who, on arrival, entered the house by the back door. Mr. Leach let Mrs. Quiros in the house. Mr. Leach found Mrs. Poore dead in her bed in a pool of blood.

Special Agent R.D. Melton of the SBI testified that during the investigation of Mrs. Poore's death, he observed that the screen door at the back of her house had been cut with two "L"-shaped cuts above the center support strut on the right side of the door where a latch was located. The screen was slightly pushed in. The wooden door was open, and the screws from the chain lock were pulled from the wall and left hanging on the door.

After entering Mrs. Poore's house, Melton found Mrs. Poore's glasses and hearing aids on the dining room table. Upon entering Mrs. Poore's bedroom, he found bed clothing on the bed, a sheet pulled up over the victim, and an area of pooled blood underneath her head. The victim was lying on the bed with her pajama top open and her body was nude from the waist down; smeared bloody fingerprints were on her abdomen. A pair of pajama bottoms and a pair of panties were wadded together at the foot of the bed between the victim's legs, but slightly beneath her right foot. He also noted that an electric heating pad was on the bed. Dr

Gregory James Davis, a forensic pathologist, testified that Mrs. Poore died from a single "massive blow" to the head. The blow resulted in a hinge fracture to the scalp, which effectively caused the skull to snap in two resulting in extensive swelling and hemorrhaging of the brain. Mrs. Poore had numerous abrasions, lacerations, and bruises.

Special Agent Ricky Navarro, a latent evidence specialist with the SBI, testified that palm and fingerprints matching the defendant's were found on the wooden door leading into the kitchen. Special Agent J.L. Eddins testified that after he took defendant's fingerprints, he asked defendant to sign a consent to search form. Defendant signed the fingerprint card, but refused to sign the other related documents. After defendant asked to make a phone call, he proceeded to destroy all of the documents and the card.

Jeffrey Kyle Wilson, defendant's cellmate from January 1993 until April 1993, testified that while defendant was in jail, defendant asked him what he should do. Wilson told him to tell the truth so that he would not get the electric chair. Wilson said that defendant replied that "they" did not have the evidence to convict him. Then, defendant described how he had committed the murder and that as a defense, he planned to "play crazy."

Defendant took the stand as the only defense witness and testified that he left his aunt's house between midnight and 12:30 a.m. on 11 December 1992 and walked to the victim's house. After knocking on the window, back door, and garage door, and not getting an answer, he entered the house through the unlocked basement door. He proceeded up the stairs, cut the screen door with a pocketknife, and opened the back door leading to the kitchen. He testified that as he started to walk through the house, he saw something out of the corner of his eye. When he started to leave, somebody behind him screamed. He then turned and swung, making the victim fall against him. He testified that as Mrs. Poore was falling, he caught her; he then carried her to her bed, put her in the bed, and went to the bathroom to wash the blood off his hand. He saw Mrs. Poore's clothes at the front of the toilet, picked them up, put them next to her in her bed, and covered her up.

Defendant testified that he had not known who lived in the house, but thought that a man lived there because he had seen a blue pickup truck parked in front of the house before and had seen a man smoking "reefer" or marijuana there. Defendant testified that after he left the house, he washed his clothes and that he still had them. On cross-examination, defendant testified that after he killed Mrs. Poore, he did not look for the marijuana as he had originally planned. State v. Chandler, 342 N.C. 742, 747-50, 467 S.E.2d at 639-41.

Petitioner was indicted on March 8, 1993 for first degree murder, first degree burglary, attempted larceny, attempted first degree rape, and attempted first degree sexual offense. Petitioner was tried in Surry County and, on July 16, 1993, was convicted of first degree burglary, attempted larceny and first degree murder under the felony murder rule, with first degree burglary as the underlying felony. He was found not guilty of the attempted rape and attempted sexual offense charges in the indictment.

At the sentencing phase, the jury found pecuniary gain to be the sole aggravating factor. It found three mitigating factors: (1) Petitioner's lack of proper parental role models during his formative years; (2) his history of alcohol and drug abuse; and (3) his acknowledgment that he had killed Mrs. Poore. The jury recommended that Petitioner be sentenced to death. The North Carolina Supreme Court affirmed Petitioner's conviction and sentence on March 8, 1996. State v. Chandler, 342 N.C. 742, 467 S.E.2d 636 (1996). The United States Supreme Court denied certiorari on October 7, 1996. Chandler v. North Carolina, 519 U.S. 875, 117 S.Ct. 196, 136 L.Ed.2d 133 (1996).

Petitioner filed a Motion for Appropriate Relief, which was heard in the Surry County Superior Court on April 6 and April 9, 1998. The Honorable William Freeman denied the Motion for Appropriate Relief on October 14, 1998. ("MAR court"). The North Carolina Supreme Court denied certiorari to review Judge Freeman's ruling on the Motion for Appropriate Relief on July 23, 1999. State v. Chandler, 350 N.C. 838, 538 S.E.2d 572 (1999) .

A Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 was filed in the United States District Court for the Middle District of North Carolina on October 20, 1999. The Magistrate Judge reviewed the Petition for Habeas Corpus and made the following recommendations on June 12, 2001:(1) the prosecution did not fail to disclose impeachment evidence in violation of Brady v. Maryland; (2) the prosecution did not present perjured testimony in violation of Giglio v. United States; (3) Petitioner's Sixth Amendment right to effective assistance of counsel was not violated due to a conflict of interest; and (4) the jury instructions regarding mitigating circumstances and the definition of mitigation were not erroneous. Petitioner filed Objections to the Magistrate Judge's Recommendations on July 16, 2001. Each of these objections will be addressed separately.