John D. Daniels

DOC Number: 0098115
DOB: 05/22/1957
RACE: BLACK
SEX: MALE
DATE OF CONVICTION: 09/24/1990
COUNTY OF CONVICTION: MECKLENBERG

North Carolina Department of Correction (Chronology / Press Release)

11/14/2003 - Daniels executed at 2 a.m.

10/17/2003 - Correction Secretary Theodis Beck sets an execution date of November 14, 2003.

10/6/2003 - U.S. Supreme Court denied Daniels' petition for a writ of certiorari.

7/29/1994 - North Carolina Supreme Court affirms Daniels conviction and sentence of death.

9/24/1990 - John Dennis Daniels sentenced to death in Mecklenburg Superior Court.

ProDeathPenalty.Com

John D. Daniels was sentenced to death for murder in the first degree of his aunt, Isabelle Daniels Crawford; he was also found guilty of robbery of Ms. Crawford; assault with a deadly weapon with intent to kill inflicting serious injury against his wife, Diane Daniels; assault with a deadly weapon against his neighbor; and attempting to burn a dwelling house. He was also indicted for assault with a deadly weapon inflicting serious injury against his son, Jonathon Maurice Daniels, but the jury only found Daniels guilty of assault with a deadly weapon against his son.

His conviction of first-degree murder was based on theories of both felony murder and premeditation and deliberation. The jury then heard evidence relating to sentencing for first-degree murder, after which the jury found the existence of three aggravating circumstances and eleven mitigating circumstances and recommended that Daniels be put to death. The trial court sentenced Daniels to death for first-degree murder, to a consecutive term of twenty years' imprisonment on the combined assault convictions, and to a consecutive term of ten years' imprisonment for attempting to burn a dwelling house.

Evidence at trial showed the following: By 3:00 p.m. on January 17, 1990, John Dennis Daniels had consumed two beers. Later, he consumed a fifth of wine and became "somewhat drunk." In the late afternoon or early evening, Daniels went to the home of his seventy-seven-year-old aunt, Isabelle Daniels Crawford, to ask for money and to ask if his aunt would permit Daniels's wife, Diane, and his twelve-year-old son, Maurice, to stay with her. Daniels was behind on his rent, and he was having marital problems.

Upon arrival at Isabelle's house, Daniels asked her for money and asked her to take in his wife and son. Isabelle did not give Daniels any money and told Daniels that she intended to phone his mother. Daniels told Isabelle not to call his mother and then punched her in the mouth, knocking her to the floor. Daniels, using an electrical cord he wrapped around his aunt's neck three times, strangled her and dragged her body to the back of the house. He located Isabelle's purse, removed $70 to $80 and left.

In his pretrial statement, Daniels stated, "I don't know why I killed her. Bills set me off. My lady has got bills. I tried to kill my lady." After purchasing some cocaine, Daniels walked around Charlotte and then returned to his home around 10:30 p.m. At home, he spoke briefly with his wife, Diane, and smoked some cocaine in their bathroom. After smoking the cocaine, Daniels left the bathroom, holding a hammer. He approached his wife, who was lying on the bed in their bedroom, and began striking her in the head with the hammer. A struggle ensued during which Daniels lost the hammer. Responding to his mother's cries for help, their son, Maurice, joined the altercation. The fight moved into the hallway, where Daniels hit his wife on the head with a kerosene heater. Daniels then chased his wife and son into the kitchen and den as his wife attempted to get out of the house. Once in the den, Daniels got a rock out of the aquarium and struck Maurice with it; Daniels then found the hammer and hit Maurice in the head with it. Daniels' wife and son were finally able to run out the front door. Daniels pursued his wife outside and again hit her in the head with the hammer; he then returned to his house.

The Daniels' neighbor Glenn was aroused by the commotion and went outside. He discovered the son, Maurice, in his yard and took him into his house. Glenn then phoned the police and went to the Daniels house to investigate. Upon entering the house, Glenn noticed flames near Daniels. Daniels, holding a knife, threatened to kill Glenn if he did not leave. Glenn immediately returned to his home and again phoned the police. At about 12:30 a.m., Charlotte Police Officer Thomas Griffith arrived on the scene, joining two other officers and a fire truck that had already arrived. Griffith observed the house on fire. After extinguishing the fire, the firemen brought Daniels from the house and gave him oxygen. After Daniels refused further medical treatment, Officer Griffith told Daniels that he was going to jail for assault. In the car, Daniels repeatedly urged Griffith to go to "Mint Street." When Griffith asked Daniels why he was making this request, Daniels responded: "I think I might have killed my aunt."

Griffith then changed course slightly, followed Daniels' directions, and at 12:55 a.m. arrived at the house identified by Daniels. After knocking on the back door and receiving no response, Officer Griffith entered the home. Inside, Griffith found a trail of blood beginning in a hallway. Following the trail to a bedroom, Griffith found Isabelle Crawford's lifeless body lying face down on the floor, with a cord wrapped around her neck. A wastebasket was overturned, and the carpet disturbed; the remaining contents of the house were intact.

Griffith then took Daniels to the Law Enforcement Center, arriving at 1:15 a.m. After smoking a cigarette and using the bathroom, Daniels was placed in a room and given a pen and paper, which he had requested. A few minutes later, Daniels returned the paper, requesting that it be sent to the Governor. On it he had written: Dear sir - I'm not crazy - What I did was premediated! - Time 1:42 1/18/90 - John D. Daniels - I do not want a trial - I do not want my family around - I do not want news report - Shortly after receiving this letter, Griffith heard a noise in the room. He entered the room to find Daniels on the floor with the drawstring from his pants around his neck. Another string was attached to a filing cabinet that was four feet, three inches high. Daniels was not injured. Daniels gave a confession that detailed the events of the night before.

The Mecklenburg County medical examiner testified that his examination revealed that Isabelle Crawford had bled from the nose and mouth, her left eye was bruised, her lip was cut and bruised, and her nose was broken. There were also two contusions to her frontal scalp. There were abrasions on the sides and back of her neck and indications that the victim had been dragged. Isabelle also had bruises on her right arm and hand which were consistent with defensive-type wounds.

Fayetteville Online

Daniels Executed for 1990 Slaying of Aunt," by Estes Thompson. (Associated Press November 14, 2003)

RALEIGH - A Charlotte man was executed early Friday for the 1990 strangling of his aunt after failed appeals that focused on whether inaccurate testimony was given at his murder trial. John Dennis Daniels, 46, was pronounced dead at 2:15 a.m. following a lethal injection at Central Prison in Raleigh, according to Department of Correction spokeswoman Pam Walker. Daniels was the sixth prisoner to be executed this year in North Carolina.

A jury sentenced Daniels to death for fatally choking 77-year-old Isabella Daniels Crawford in her house with an ironing cord. He also was convicted of assaulting his wife and son with a hammer, assaulting his neighbor with a knife and attempting to burn his house after Crawford was killed.

The state Supreme Court on Thursday rejected Daniels' request to stop the execution so a hearing could be held on a psychiatrist's claim that her testimony during the sentencing phase of his trial was incorrect. Later Thursday, Gov. Mike Easley refused to commute Daniels' sentence to life in prison, saying he saw "no compelling reasons to invalidate the sentence recommended by the jury and affirmed by the courts."

Daniels had been having marital problems and was behind on his rent when he went to his aunt's house in Charlotte on Jan. 17, 1990, to ask for money and for his wife, Dianne, and son, Jonathan Maurice, to live with her. Crawford refused and said she was going to call his mother, Viola Daniels. Daniels hit her in the face and choked her with the cord. He took $70 to $80 and went to his house. Daniels had consumed a bottle of wine and at least two beers before killing Crawford and smoked crack cocaine before the other attacks.

Daniels' lawyers had asked Easley at a clemency hearing Wednesday to consider the statement of retired psychiatrist Cynthia White of Las Vegas. During the penalty phase of his trial, White testified that Daniels wasn't influenced by alcohol or cocaine he had consumed and showed no remorse.

White said she didn't know at the time that Daniels tried to burn his house to kill himself after killing his aunt. She also said she didn't know the amount of cocaine and alcohol he ingested. White also told the governor that prosecutors didn't give her Daniels' complete medical record and left out information about suicide attempts, brain damage and his history of depression. She also said she never interviewed Daniels, who had signed a confession.

The psychiatrist issue was raised in Daniels' earliest appeal after his conviction and courts rejected it, ruling that an expert witness isn't required to interview a defendant. The state Attorney General's Office told the Supreme Court that Daniels was eligible for the death penalty regardless of White's testimony. A Superior Court judge declined earlier this week to block the execution. The sentence was warranted under law because the crime was committed for monetary gain, was especially cruel and was part of conduct that included violence to others, the state said.

In addition to defense lawyers, Easley met with prosecutors and with a granddaughter of the victim, who said Crawford's family concluded she would have opposed the death penalty.

The Daily Southerner

"Charlotte Man Dies by Lethal Injection." (November 14, 2003)

RALEIGH (AP) -- A Charlotte man was executed by injection Friday for the 1990 slaying of his aunt after the state Supreme Court and the governor refused to intervene. John Dennis Daniels, 46, was pronounced dead at 2:15 a.m. for the January 1990 strangulation death of his 77-year-old aunt, Isabella Daniels Crawford. He was the sixth inmate to be executed in North Carolina this year. Daniels also was convicted of assaulting his wife, Diane, and his son, Maurice, and a neighbor after he hit his aunt, choked her with an electrical cord and took $70 to $80.

''I just tell my mom, Maurice and Diane and the rest of the family and the other family, I'm sorry. I love them,'' Daniels said before he was wheeled on a gurney into the brightly lit execution chamber, where executioners were unseen behind a beige curtain. Daniels ate a last meal Thursday of a ribeye steak, baked potato with sour cream and butter, pecan pie, soda, roll and hush puppies.

About five minutes after the execution began at 2 a.m., defense attorney Kim Stevens left the witness room overcome with emotion. Earlier, Stevens said when she told Daniels there was no hope left, ''we hugged him and cried.''

Easley refused Daniels' request to commute the death sentence to life in prison, saying he saw ''no compelling reasons to invalidate the sentence recommended by the jury and affirmed by the courts.'' Easley has granted clemency twice since taking office.

Daniels had consumed a bottle of wine and at least two beers before the slaying on Jan. 17, 1990, and smoked crack cocaine before attacking his wife with a hammer and assaulting his son and a neighbor and setting his house on fire later that day. At his September 1990 trial, psychiatrist Cynthia White of Las Vegas testified against Daniels. White said his actions were affected by drugs and alcohol and that he showed no remorse. Two weeks ago, White signed an affidavit for the defense in which she said prosecutors withheld information and that her testimony was wrong. White accompanied defense lawyers when they met this week with Easley. White said she didn't know at the time that Daniels tried to burn his house to kill himself after killing his aunt. She also said she didn't know the amount of cocaine and alcohol he ingested and never interviewed Daniels. Prosecutors said White's testimony wasn't the primary reason for the death sentence. They said Daniels was properly sentenced to death because he committed a murder for monetary gain that was atrocious and involved violence toward other people, all factors that justify a death sentence under state law.

None of Daniels' family witnessed the execution. Three defense lawyers, a friend and a priest watched him die along with three Charlotte-Mecklenburg police officers and four reporters. Just as the drugs entered his system, Daniels lifted his head and coughed before becoming still. In addition to defense lawyers, Easley met with prosecutors and with a granddaughter of the victim, who said Crawford's family concluded she would have opposed the death penalty. Daniels had been having marital problems and was behind on his rent when he went to his aunt's house to ask for money and for his wife and son to live with her. Crawford refused and said she was going to call his mother. Outside the prison, about 30 death penalty protesters held a candlelight vigil in the windy, cold weather. Chris Hickling, 22, of Raleigh, said he attended the protest because he was concerned ''about my tax dollars being used to kill someone.'' ''It might not soften Mike Easley's heart, but I'm here to say it's wrong,'' Hickling said. ''If there's someone who should receive clemency, it's Mr. Daniels.''

Raleigh News & Observer

"Man is Executed for Killing Aunt; The state Supreme Court and the governor decline to intervene for John D. Daniels," by Matthew Eisley. (November 14, 2003)

Admitted murderer John Dennis Daniels of Charlotte was executed by lethal injection at Raleigh's Central Prison early today for strangling his elderly aunt in 1990. After the state Supreme Court turned down Daniels' last court appeal, Gov. Mike Easley declined Thursday night to halt the 2 a.m. execution and convert Daniels' death sentence to life in prison without parole. "Given the facts and circumstances in this case, I find no compelling reasons to invalidate the sentence recommended by the jury and affirmed by the courts," Easley said in a statement.

Daniels, 46, was sentenced to death for strangling his 77-year-old aunt, Isabella Daniels Crawford, in her home with an electrical cord. His lawyers said he was drunk and high on cocaine. Daniels' lawyers had asked Easley to spare Daniels' life because he was suicidally sorry that he killed his aunt. They also pointed out that a psychiatrist recanted her trial testimony that Daniels wasn't remorseful and that most of Crawford's surviving relatives opposed the execution.

Eight of nine of Crawford's grandchildren wanted Easley to grant clemency, and the ninth agreed with his cousins that Crawford would not have wanted the execution to occur.

The state Supreme Court rejected Thursday Daniels' request to stop the execution to allow a hearing on Las Vegas psychiatrist Cynthia White's claim that her testimony during Daniels' sentencing was wrong. The state Attorney General's Office argued that Daniels was eligible for the death penalty regardless of White's testimony. The state's lawyers said the death sentence was warranted because the crime was committed for monetary gain, it was especially cruel and it involved violence against others.

After returning home, Daniels hit his wife and son with a hammer, a kerosene heater and a rock. He set the house on fire, blocked the doors and lay on a bed. Firefighters rescued him and his family. Later at a police station, Daniels tied a cord around his neck, apparently in an attempt to strangle himself.

Daniels' last meal was ribeye steak, a baked potato with sour cream and butter, a roll, hush puppies, a Coke and pecan pie, said Pamela Walker, spokeswoman for the Department of Correction.

The execution was the state's sixth scheduled this year. Another is planned Dec. 5 for Robbie James Lyons, 31, for the 1993 murder of Stephen Wilson Stafford in Forsyth County.

Raleigh News & Observer

"Condemned Man's Fate Rests With Governor." (Associated Press November 13, 2003)

RALEIGH -- North Carolina continued preparations today for its sixth execution this year while defense attorneys said the governor was their last hope to save John Dennis Daniels.

Daniels, 46, of Charlotte was convicted in September 1990 of killing his 77-year-old aunt, Isabella Daniels Crawford. He is scheduled to be executed by injection at 2 a.m. Friday. Daniels was moved to the death watch area Wednesday afternoon at Central Prison.

During his clemency hearing, retired psychiatrist Cynthia White told Gov. Mike Easley that her testimony was wrong and that Daniels shouldn't be executed this week. "The jury was misled. I was misled and I am outraged," White, of Las Vegas, said after the meeting. "I do not believe that John Daniels should be put to death." White said she told the governor that prosecutors didn't give her Daniels' complete medical record and left out information about suicide attempts, brain damage from alcohol and cocaine use and a history of depression. "He was incapable of forming intent at the time of the murder and this is what I testified to, that he was capable of forming intent," White said.

White, who is black, also told Easley that she thinks the prosecutors selected her for the case because "who else would help to convince a jury that an African-American man had no remorse other than an African-American female."

Superior Court Judge Marcus L. Johnson ruled Monday that the defense could have raised the issues earlier and that the psychiatrist's statement was not enough to reopen the case. The defense appealed the decision Wednesday in the North Carolina Supreme Court, but the appeal was rejected Thursday morning. The state Attorney General's Office said in its answer to Daniels' appeal that he was eligible for the death penalty regardless of White's testimony. The state said the death sentence was warranted under law because the crime was committed for monetary gain, was especially cruel and was part of conduct that included violence to others.

Easley typically doesn't announce a clemency decision until court rulings have been exhausted. "I just take all of the information in and try not to single out any one person," he said as he left his office after the meetings. "There's a lot more information to be taken in between now and the time we make the decision." Easley also met with Henderson Hill, an attorney for the family of Isabella Crawford, and Yvonne Nelson-Moore, a granddaughter of Crawford's. Hill said they told Easley the family doesn't want Daniels to be executed because it believes Crawford wouldn't have wanted it.

During the penalty phase of his trial, White testified that Daniels wasn't influenced by alcohol or cocaine when he killed his aunt and that he showed no remorse for her death. White said she didn't know at the time that Daniels tried to burn his house to kill himself after his aunt was murdered. She also said she didn't know about the amount of cocaine and alcohol that Daniels had ingested.

Daniels had been having marital problems and was behind on his rent when he went to his aunt's house Jan. 17, 1990, to ask for money and for his wife, Dianne, and son, Jonathan Maurice, to live with her. Crawford refused and said she was going to call his mother, Viola Daniels. Daniels hit her in the face and choked her with an electrical cord. He took $70 to $80 and went to his house. He also was convicted of assaulting his wife and son with a hammer, an assaulting his neighbor with a knife and attempting to burn his house after Crawford was killed.

The state Department of Correction also released the names of execution witnesses. Official witnesses include Officer Robert Buening, and Detectives Robert Holl and Kathleen Flynn from the Charlotte-Mecklenburg Police Department. Media witnesses are Sharif Durhams, The Charlotte Observer; Pete Kaliner, WBT radio; Greg Phillips, The Daily Record in Dunn; Estes Thompson, The Associated Press; and Andrea Weigl, The News & Observer of Raleigh.

Crawford's family members have indicated they will not witness the execution, the department said.

WSOC-TV

"Charlotte Man Now In Death Watch Area Of Prison." (AP 11/13/03)

RALEIGH, N.C. -- North Carolina continued preparations Thursday for its sixth execution this year while defense attorneys said the governor was their last hope to save John Dennis Daniels. Daniels, 46, of Charlotte was convicted in September 1990 of killing his 77-year-old aunt, Isabella Daniels Crawford. He is scheduled to be executed by injection at 2 a.m. Friday. Daniels was moved to the death watch area Wednesday afternoon at Central Prison.

During his clemency hearing, retired psychiatrist Cynthia White told Gov. Mike Easley that her testimony was wrong and that Daniels shouldn't be executed this week. "The jury was misled. I was misled and I am outraged," White, of Las Vegas, said after the meeting. "I do not believe that John Daniels should be put to death." White said she told the governor that prosecutors didn't give her Daniels' complete medical record and left out information about suicide attempts, brain damage from alcohol and cocaine use and a history of depression. "He was incapable of forming intent at the time of the murder and this is what I testified to, that he was capable of forming intent," White said. White, who is black, also told Easley that she thinks the prosecutors selected her for the case because "who else would help to convince a jury that an African-American man had no remorse other than an African-American female."

Superior Court Judge Marcus L. Johnson ruled Monday that the defense could have raised the issues earlier and that the psychiatrist's statement was not enough to reopen the case. The defense appealed the decision Wednesday in the North Carolina Supreme Court, but the appeal was rejected Thursday morning.

The state Attorney General's Office said in its answer to Daniels' appeal that he was eligible for the death penalty regardless of White's testimony. The state said the death sentence was warranted under law because the crime was committed for monetary gain, was especially cruel and was part of conduct that included violence to others.

Easley typically doesn't announce a clemency decision until court rulings have been exhausted. "I just take all of the information in and try not to single out any one person," he said as he left his office after the meetings. "There's a lot more information to be taken in between now and the time we make the decision." Easley also met with Henderson Hill, an attorney for the family of Isabella Crawford, and Yvonne Nelson-Moore, a granddaughter of Crawford's. Hill said they told Easley the family doesn't want Daniels to be executed because it believes Crawford wouldn't have wanted it.

During the penalty phase of his trial, White testified that Daniels wasn't influenced by alcohol or cocaine when he killed his aunt and that he showed no remorse for her death. White said she didn't know at the time that Daniels tried to burn his house to kill himself after his aunt was murdered. She also said she didn't know about the amount of cocaine and alcohol that Daniels had ingested.

Daniels had been having marital problems and was behind on his rent when he went to his aunt's house Jan. 17, 1990, to ask for money and for his wife, Dianne, and son, Jonathan Maurice, to live with her. Crawford refused and said she was going to call his mother, Viola Daniels. Daniels hit her in the face and choked her with an electrical cord. He took $70 to $80 and went to his house. He also was convicted of assaulting his wife and son with a hammer, an assaulting his neighbor with a knife and attempting to burn his house after Crawford was killed.

The state Department of Correction also released the names of execution witnesses. Official witnesses include Officer Robert Buening, and Detectives Robert Holl and Kathleen Flynn from the Charlotte-Mecklenburg Police Department. Media witnesses are Sharif Durhams, The Charlotte Observer; Pete Kaliner, WBT radio; Greg Phillips, The Daily Record in Dunn; Estes Thompson, The Associated Press; and Andrea Weigl, The News & Observer of Raleigh.

Crawford's family members have indicated they will not witness the execution, the department said.

The Herald-Sun

"Governor Denies Clemency in Scheduled N.C. Execution," by Estes Thompson. (AP November 13, 2003)

RALEIGH, N.C. -- A condemned man's fate was certain Thursday night when the governor refused to grant clemency after courts rejected an appeal that focused on whether a prosecution psychiatrist gave inaccurate testimony at his murder trial. John Dennis Daniels, 46, of Charlotte was scheduled to be executed at 2 a.m. Friday for the September 1990 of killing his 77-year-old aunt, Isabella Daniels Crawford.

"John Daniels is my friend and they're about to kill him," said Kim Stevens, one of his lawyers. Stevens said she was "worse than devastated" after learning of Gov. Mike Easley's decision. Easley issued a statement Thursday night refusing Daniels' request to commute the death sentence to life in prison, saying he saw "no compelling reasons to invalidate the sentence recommended by the jury and affirmed by the courts."

Daniels had consumed a bottle of wine and at least two beers before the slaying and smoked crack cocaine before attacking his wife, son and a neighbor later that day.

The North Carolina Supreme Court rejected Daniels' request to stop the execution so a hearing could be held on the psychiatrist's claim that her testimony during the trial's sentencing was incorrect.

Stevens, who said substantial questions still remain in the case, met Thursday evening with Daniels. "We hugged him and cried," Stevens said. "He's doing the best he can." Daniels ate a last meal Thursday of a ribeye steak, baked potato with sour cream and butter, pecan pie, soda, roll and hush puppies.

Stevens and lawyer Ann Peterson asked Easley on Wednesday to consider the statement of retired psychiatrist Cynthia White of Las Vegas. During the penalty phase of his trial, White testified that Daniels wasn't influenced by alcohol or cocaine he had consumed and showed no remorse. White said she didn't know at the time that Daniels tried to burn his house to kill himself after killing his aunt. She also said she didn't know the amount of cocaine and alcohol he ingested.

White said she told the governor that prosecutors didn't give her Daniels' complete medical record and left out information about suicide attempts, brain damage from alcohol and cocaine use and his history of depression. She also said she never interviewed Daniels, who had signed a confession. "He was incapable of forming intent at the time of the murder and this is what I testified to, that he was capable of forming intent," White said. The psychiatrist issue was raised in Daniels' earliest appeal after his conviction and courts rejected it, ruling that an expert witness isn't required to interview a defendant.

The state Attorney General's Office told the Supreme Court that Daniels was eligible for the death penalty regardless of White's testimony. The sentence was warranted under law because the crime was committed for monetary gain, was especially cruel and was part of conduct that included violence to others, the state said.

In addition to defense lawyers, Easley met with prosecutors and with a granddaughter of the victim, who said Crawford's family concluded she would have opposed the death penalty.

Daniels had been having marital problems and was behind on his rent when he went to his aunt's house Jan. 17, 1990, to ask for money and for his wife, Dianne, and son, Jonathan Maurice, to live with her. Crawford refused and said she was going to call his mother, Viola Daniels. Daniels hit her in the face and choked her with an electrical cord. He took $70 to $80 and went to his house. He also was convicted of assaulting his wife and son with a hammer, assaulting his neighbor with a knife and attempting to burn his house after Crawford was killed.

National Coalition to Abolish the Death Penalty

John Dennis Daniels, North Carolina - Nov. 14

The state of North Carolina is scheduled to execute John Dennis Daniels, a black man, on Nov. 14 for the 1990 murder of Isabelle Daniels Crawford. Mr. Daniels was sentenced to death largely based on the testimony of an “expert” psychiatrist, Dr. Cynthia Bernice White, who had never personally interviewed the defendant. The dissenting opinion at the appellate level concluded that the error of admitting this testimony should have resulted in a new trial.

Both defense psychiatrists spent time with Mr. Daniels and found that he was depressed, with a serious history of reliance on drugs and alcohol. The substance abuse mixed with his personality disorder resulted in “the emotional and social development of an eleven or twelve-year-old child….his ability to think or evaluate his behavior would have been compromised to the point of being inconsequential.” Dr. White, however, found that Mr. Daniels was an “aggressive, unremorseful person, hostile to society.” She asserted that his condition was untreatable. The American Psychiatric Association and the American Bar Association Criminal Justice Mental Health Standards hold that to offer an opinion, experts and professionals must personally interview and observe their subject. These standards have been upheld by the Supreme Court in Barefoot v. Estelle.

In addition to this clear departure from due process, Mr. Daniels also suffered from clear prosecutorial misconduct and ineffectiveness of counsel. Gov. Mike Easley has refused to stop executions in other cases with shocking injustices. One man may have been innocent. Another was gay and was sentenced to die after the prosecutor used that fact against him. Gov. Easley has allowed the executions of people who were mentally ill or brain damaged, people who suffered extreme abuse and neglect, people who had lawyers who were drunk, disciplined, disbarred, or dramatically incompetent, and people whose cases were infected with racial bias.

Four people have already been executed this year and three more executions are possible by the end of the year. NC ranks third in the nation, behind Texas and Oklahoma, in executions this year. The rate of executions under Gov. Easley exceeds that of any of the previous 10 North Carolina Governors.

Gov. Easley has ignored the fact that the North Carolina House has before it legislation to institute a moratorium on executions in this state, legislation that has already passed the North Carolina Senate. Gov. Easley is also ignoring the growing unease for the death penalty among the people of North Carolina. The Raleigh News & Observer recently reported that a poll shows support for death penalty in the state is at an all-time low.

Please write Gov. Easley and urge him to carefully review this case before summary execution and grant clemency to Mr. Daniels.

DeathHouse.Com

"North Carolina Sets New Yearly High in Executions ." (November 14, 2003)

RALEIGH, N.C. - A man who strangled his aunt after she refused to give him money was executed by lethal injection early Friday morning. John Dennis Daniels, 46, became the sixth convicted killer put to death in the state in 2003, the highest number since executions resumed in the state in 1984.

In his last statement, Daniels said he was sorry and loved his wife and son, both of whom he had tried to kill. He was pronounced dead at 2:15 a.m. The execution took place at Central Prison.

Marital, Money Problems

Daniels admitted that he drank several beers and a bottle of wine before going to his aunt's house and was "somewhat drunk" before he killed her. The victim was Isabelle Crawford, 77. The murder occurred Jan. 17, 1990 in Charlotte. Prosecutors said Daniels had gone to Crawford's home to ask the elderly woman for money and also to take-in his wife and 12-year-old son. When Crawford refused, Daniels punched her in the mouth and then used an electrical cord to strangle her, court documents stated. He then dragged her body in back of the house. Daniels took between $70 and $80 from her purse, prosecutors said. After purchasing cocaine, Daniels returned home to his wife, Diane, and smoked cocaine in his bathroom. After leaving the bathroom, he used a hammer to strike his wife in the head. His son, Maurice, tried to help his mother. Daniels pursued his wife outside and hit her again with a hammer, federal appeals court documents stated. A neighbor called police.

'I Might Have Killed My Aunt'

During his rampage, Daniels took a rock out of an aquarium and struck his son in the head with it, court documents stated. Before lawmen came, Daniels set the house on fire. Charlotte police arrived and arrested Daniels for the assault on his wife. While in the police car, Daniels told police to go to his aunt's home. "I think I might have killed my aunt," he reportedly told lawmen. While in police custody, Daniels asked for paper in which he wrote that he was not crazy; the murder was premeditated; and that he did now want any "news report" or his family around. He later tried to commit suicide by hanging himself with the drawstring of his pants.

Dueling Shrinks

At trial, Daniels' lawyers tried to show that the murder was not premeditated. They stressed that Daniels was a drug addict and alcoholic. There were indications following his arrest that Daniels did not understand what officers were telling him, according to testimony at his trial. The sheriff's department had initially refused to accept Daniels into the county jail because of his suicidal tendencies. A clinical psychologist who interviewed Daniels reported that Daniels had a personality disorder and a history of using cocaine, heroin, LSD and amphetamines. Daniels had the mental and social development of an 11-year- old, the psychologist stated, making it difficult for him to plan a murder. But, a psychiatrist concluded that while Daniels was anti-social due to extensive drug and alcohol use, he had developed a tolerance for alcohol and cocaine, allowing him to react and think while under the influence. She concluded that Daniels killed Crawford with both premeditation and deliberation.

But the now retired psychiatrist, Cynthia White, later said she never interviewed Daniels and had not received Daniels' complete medical record. She said she did not know he tried to commit suicide and had taken cocaine and alcohol. Defense lawyers used her inaccurate claims to try to get the courts to stop the execution. However, the appeal was rejected. By law, medical experts do not have to personally interview the person that will the subject of their testimony.

In a statement to police following his arrest, Daniels couldn't come up with an answer as to why he killed his aunt and attack his wife. "I don't know why I killed her," Daniels reportedly said. "Bills set me off. My lady has some bills. I tried to kill my lady."