00Z393 Holman CF (Death Row) Inmate: GRAYSON, DARRELL
DOC#: 00Z419
Race: Black
Gender: Male
Date of Birth: 2/26/61
Location: Holman CF (Death Row)
Assigned to Death Row: 6/29/82
County of Conviction: ShelbyCounty

Reuters News

"Alabama executes man for 1980 beating death," by Peggy Gargis. (Thu Jul 26, 2007 8:45PM EDT)

BIRMINGHAM, Alabama (Reuters) - Alabama executed longtime death-row inmate Darrell Grayson by lethal injection on Thursday for killing an 86-year-old woman in 1980. It was the state's second execution of the year and its 37th since capital punishment was reinstated in 1976.

Grayson, 46, was pronounced dead at 6:16 p.m. CDT (2316 GMT) at Atmore prison, said Alabama Department of Corrections spokesman Brian Corbett. He asked for a last meal of a cheese omelette and fresh sliced tomatoes, said the word "peace" and flashed a peace sign shortly before he died, Corbett said.

Grayson was convicted in 1981 of burgling the home of Annie Laura Orr of Montevallo, Alabama, on Christmas Eve the previous year and beating her to death. Grayson and accomplice Victor Kennedy, who was convicted of beating and raping Orr and executed in 1999, gave details of the crime in confessions and at trial. Grayson said later he was too drunk to remember what happened that night and had passed out.

Lee Rawlings Binion, Orr's granddaughter, witnessed the execution on behalf of the victim's family, Corbett said. "The family of Annie Laura Orr has seen the final chapter of this lengthy 27-year struggle come to an end. We are grateful that justice has finally been served," said Binion.

Anti-death penalty groups appealed to Alabama Gov. Bob Riley for a stay of execution until DNA testing could be done. They said the state only provided Grayson's original lawyer, Richard Bell, with $500 to hire experts and conduct the defense. But Riley rejected a plea for DNA testing and said in a statement on Wednesday that "no new evidence has come to light that would warrant either a reprieve or a commutation." "DNA testing would not exonerate him even if there is no DNA evidence that he raped Mrs. Orr. Non-DNA evidence of the convicted murderer's guilt ... is abundant," Riley said.

"The killer's own numerous confessions, his own trial testimony where he himself admitted guilt and the overwhelming physical evidence, left a jury no doubt he perpetrated a cruel and monstrous crime upon a helpless elderly woman," he said.

Al.Com

"Darrell Grayson dead, executed for Montevallo slaying; Darrell Grayson was put to death by lethal injection at Holman Correctional Facility this evening for the Christmas Eve 1980 murder of 86-year-old Montevallo widow Annie Laura Orr. (July 26, 2007 18:35PM)

The 46-year-old Grayson, pronounced dead at 6:16 p.m., had been adopted by activists as an example of the need for a state law mandating DNA testing for Death Row inmates. The Innocence Project, a New York-based non-profit that represents the condemned, had argued that DNA tests not available at the time of Grayson's trial might have proved him innocent. The U.S. Supreme Court in a two-sentence order this afternoon denied a request for a stay of execution. The Alabama Supreme Court on Wednesday denied a request to postpone the execution.

Gov. Bob Riley, who chose not to commute Grayson's sentence or issue a reprieve, said attention had been focused on Grayson, and "seemingly ignored has been consideration of his victim." Riley cited Grayson's repeated confessions and his failed appeals as influencing his decision to not stop the execution. "No new evidence has come to light that would warrant a reprieve or a commutation," he said in a prepared statement.

During his execution, Grayson raised his head to look at Esther Brown, an anti-death penalty activist who had become his friend, and smiled. "I love you," she mouthed, and he answered in kind. Asked by the warden if he had a statement, he answered, "Peace" and smiled again.

Watching from a separate room, Orr's granddaughter, Lee Rawlings Binion, wiped away tears. After several minutes, Grayson turned his head to the right, closed his eyes, and took his last breath. As witnesses were escorted out of the witness rooms, Brown stood and said, under her breath, "Bloody murderers."

Birmingham News

"Grayson executed for'80 killing; Riley rejects DNA request, cites repeated confessions." (Friday, July 27, 2007)

ATMORE - Darrell Grayson was executed Thursday by lethal injection at Holman Correctional Facility for the Christmas Eve 1980 murder of Montevallo widow Annie Laura Orr, 86.

The 46-year-old Grayson, pronounced dead at 6:16 p.m., had been adopted by activists as an example of the need for a state law mandating DNA testing for Death Row inmates. The Innocence Project, a New York-based nonprofit that represents the condemned, had argued that DNA tests not available at the time of Grayson's trial might have proved him innocent.

The U.S. Supreme Court in a two-sentence order Thursday afternoon denied a request for a stay of execution. The Alabama Supreme Court on Wednesday denied a request to postpone the execution.

Gov. Bob Riley, who chose not to commute Grayson's sentence or issue a reprieve, said attention had been focused on Grayson, and "seemingly ignored has been consideration of his victim." Riley cited Grayson's repeated confessions and his failed appeals as influencing his decision to not stop the execution. "No new evidence has come to light that would warrant a reprieve or a commutation," he said in a prepared statement.

Witnessing the execution on his behalf were anti-death penalty activist Esther Brown and one of Grayson's attorneys, Charlotte Norby. Witnessing on behalf of his victim was Lee Rawlings Binion, her granddaughter. As the execution began, Grayson raised his head to look at Brown, who had become his friend, and smiled. "I love you," she mouthed, and he answered in kind. Asked by the warden if he had a statement, he answered, "Peace" and smiled again. Watching from a separate room, Orr's granddaughter wiped away tears.

After several minutes, Grayson turned his head to the right, closed his eyes and took his last breath. As witnesses were escorted out of the witness rooms, Brown stood and said, under her breath, "Bloody murderers."

In a prepared statement, Binion said she was glad to have the ordeal over. "The family of Annie Laurie Orr has seen the final chapter of this lengthy 27-year struggle come to an end. We are grateful that justice has finally been served." Prison authorities said that in his final hours Grayson met with friends and family, read and had his last meal, an egg and cheese omelet with fresh sliced tomatoes. He had been in a good mood, laughing and joking, they said. Grayson left most of his belongings, including a TV, radio, headphones and a pair of Nike shoes, to other inmates. He left a ring to Brown.

Grayson and Victor Kennedy were convicted in 1981 of the Dec. 24, 1980, murder of Orr, who was the widow of a Montevallo University dean and the mother of a former Montevallo mayor. According to court documents, the men played cards and drank wine with friends on the evening of Dec. 23, then, to get money for Christmas, went to burglarize Orr's home in the early morning hours on Christmas Eve. Orr was awakened by the men, who had entered her home through a basement door. After finding little money, they restrained, beat and raped her. She died of her injuries.

Later that morning Orr's son found her body and police found Grayson in the bushes with her wedding rings in his wallet and his bloody shirt nearby. A trail of playing cards led from the scene of the crime to Kennedy's home. In multiple confessions to police both men provided details of the robbery and rape, and on the witness stand at his trial Grayson again confessed, though he said he remembered few details because he had been drunk. Kennedy was executed in 1999.

Memory lapse:

In recent years Grayson claimed he had no memory of the crime, and unsuccessfully appealed to the court to order DNA testing that wasn't available in 1981. The Innocence Project and other activists said a DNA test could prove conclusively whether Grayson raped Orr. If a test found DNA belonging to a third party, but not to Grayson or Kennedy, the case against Grayson would be undermined, they said.

In the days before the execution the Innocence Project, the NAACP, the Southern Christian Leadership Conference and other groups called on Riley to issue a stay so the tests could be conducted. Riley's office refused, saying the governor has the authority to commute sentences, but not to issue stays or order DNA tests. Innocence Project lawyers disagreed, saying the Alabama Constitution specifically grants the governor the authority to grant reprieves.

Eric Ferrero, Innocence Project spokesman, said the state of Alabama said in its own filings in the case that Riley has the authority to issue reprieves and to order DNA tests.

Florida Times-Union

"Ala. death row inmate Grayson executed Thursday," by Garry Mitchell. (Associated Press Thursday, July 26, 2007)

ATMORE, Ala. - Darrell Grayson was executed Thursday evening by lethal injection for the 1980 killing of an 86-year-old widow in her Montevallo home. Grayson, 46, made a peace sign with both hands and waved them at witnesses. He did not make a lengthy final statement. He just smiled and nodded at witnesses he recognized and said, "Peace."

He was pronounced dead at 6:16 p.m. at Holman prison near Atmore. He was executed for the death of Annie Laura Orr, who was robbed and raped before she was killed.

The victim's granddaughter, Lee Rawlings Binion, wiped away tears as she witnessed the execution and in a statement said, "The Orr family has seen the final chapter of a 27-year struggle." "We are grateful that justice has finally been served," Binion said. A single death penalty protester kept vigil outside the prison during the execution.

More than 50 supporters of the 46-year-old Grayson, who was 19 at the time of the crime, rallied in Montgomery on Wednesday, urging Riley to intervene in order for DNA tests to determine if Grayson raped the elderly woman. Grayson's capital murder conviction did not include the rape accusation. But his supporters say it was an aggravating factor cited by prosecutors to get the death sentence and that DNA testing is warranted.

Riley, in a statement Thursday, refused requests to intervene. He said the elderly victim died a "horrifying death" and that Grayson's own testimony and "the overwhelming physical evidence left a jury no doubt he perpetrated a cruel and monstrous crime upon a helpless elderly woman."

The U.S. Supreme Court in a two-sentence order Thursday afternoon denied a request for a stay of execution. The Alabama Supreme Court on Wednesday denied a request to postpone the execution. State prosecutors opposed any delay, saying Grayson's last-minute appeals didn't warrant a stay of execution for the gruesome murder of Orr, who was attacked in her Montevallo home after midnight on Christmas Eve.

Grayson had a co-defendant, Victor Kennedy, who was also convicted of capital murder and was executed in 1999. According to the court record, the victim was raped by both men, who had pulled a pillowcase over her head and bound her with masking tape during the assault. Orr died from suffocation and was robbed of about $30 and her wedding rings.

Investigators found Grayson's blood-splattered shirt hidden under a rock near his home. The blood stains matched the victim's blood type, according to court records.

On July 16, the 11th U.S. Circuit Court of Appeals in Atlanta upheld a Montgomery federal judge's dismissal of a lawsuit that Grayson filed challenging Alabama's lethal injection procedures as being unconstitutionally cruel. State prosecutors told the 11th Circuit that the Orr murder was described by the Alabama Court of Criminal Appeals as the actions of "wild ravaging dogs of hell."

As the execution hour approached Thursday, Grayson read two newspapers and his mail and watched TV, requesting a last meal of egg and cheese omelet with fresh sliced tomatoes. He met with his spiritual adviser, his sister, two nephews and two nieces, and three attorneys. His mood was described by prison officials as good, laughing and talking with staff. He spent most of his time, however, on the telephone brought to his cell. In a will, he left his few possessions, including a radio and TV, to four fellow inmates.

Attorney Charlotte Norby and Esther Brown, executive director of Project Hope to Abolish the Death Penalty, were scheduled to be Grayson's witnesses for the execution.

ProDeathPenalty.Com

Darrell Grayson was convicted in the 1980 beating and suffocation death of an 86-year-old widow. Grayson and Victor Kennedy were convicted of killing Annie Laura Orr at her home in Montevallo, Alabama on Christmas Eve in 1980. Her granddaughter visited her during the day of December 23rd, 1980, and found her appearing to be in good health, ambulatory, and in possession of her mental faculties.

During the evening hours of December 23rd, 1980, Darrell Grayson, co-defendant Victor Kennedy, and two other individuals met at Kennedy's residence, also in Montevallo, and a short distance from that of Mrs. Orr. They drank wine and played cards. Sometime shortly after midnight, and after the other individuals had gone, Kennedy and Grayson left Kennedy's house on foot, walking in the direction of Mrs. Orr's house. They were armed with a .38 Caliber handgun, which belonged to Kennedy. They decided to burglarize Mrs. Orr's residence in order to get some money. They had previously discussed such a burglary, that Mrs. Orr was elderly, and where she kept her money.

They entered the Orr house during the very early morning hours of December 24th, 1980, through a rear basement door. They then proceeded through the dirt basement, up several steps, and into the main living portion of the house near Mrs. Orr's bedroom. The pair used a flashlight to illuminate their way. Once inside the living portion of the house they entered Mrs. Orr's bedroom where she was apparently sleeping. Annie, who was only 5' 3" and weighed 117 pounds was attacked as she slept. They subdued and beat her, striking her in the head with a blunt instrument and breaking several of her ribs. Grayson then placed a pillowcase over her head and wrapped two relatively long lengths of masking tape very tightly around her head so that when they were finished her head appeared to be that of a mummy. Then they proceeded to look for money and other valuables. When apparently they could not find a significant amount of cash, the pair began threatening Mrs. Orr by beating her further, threatening to drown her, and firing two shots from Kennedy's pistol, into her bedroom block and wall.

During their assault, the pair raped Annie Orr repeatedly. Darrell Grayson said he didn't want to rape Mrs. Orr but that he did so twice. She lived through the assault of being raped, beaten, threatened, unable to see or adequately breathe, and begging her assailants not to hurt her but to take her money and leave, for a considerable period of time. She then died. On the morning of December 24, 1980, Mrs. Orr’s son discovered her dead body in her home in Montevallo, Alabama, and called law enforcement officers.

The officers discovered a trail of playing cards leading from Mrs. Orr’s home to the home of Victor Kennedy, a known burglar. Knowing that Kennedy and Grayson had been seen together the previous night, officers began looking for Grayson on the afternoon of December 24, 1980, and discovered him “squatting in the bushes” in a wooded area near his home. Following his arrest, Grayson confessed. Officers also discovered Mrs. Orr’s wedding rings in Grayson’s wallet and obtained physical evidence from Grayson that linked Grayson to the crime. Grayson was taken into custody. When interviewed by police, Grayson told the officers that he had performed yard work for Mrs. Orr in the past, was familiar with her house, and had entered her home with Kennedy in the early morning of December 24, awakening Mrs. Orr. Grayson admitted that they had repeatedly raped Mrs. Orr while searching her house for valuables. Grayson and Kennedy took the money and valuables they found, left Mrs. Orr on her bed, and left the house.

Within thirty minutes of this interview, Grayson again waived his Miranda rights and confessed to the officers again. This time, the officers tape-recorded the confession. Grayson again admitted that he had worked for Mrs. Orr in the past and knew the house, but claimed that the burglary and rape were Kennedy’s ideas. Grayson also claimed that he and Kennedy had consumed several gallons of wine the evening of the crime. Two days later, Grayson again waived his Miranda rights and gave another recorded statement to police. This time, Grayson explained that he and Kennedy had been planning for a couple of weeks to rob Mrs. Orr to get money for Christmas. They selected Mrs. Orr as a target because Grayson had worked for her and knew where she kept money. Grayson also stated that Mrs. Orr had begged them to take her money and not hurt her. Grayson taped a pillowcase over Mrs. Orr’s face to prevent her from recognizing him, and after that, he could not understand what she was saying. Grayson stated that both he and Kennedy raped Mrs. Orr repeatedly and unsuccessfully searched for money and other valuables. Grayson admitted that at one point he had taken Mrs. Orr to the bathroom and then returned her to the bedroom, where he raped her again, but he could not remember why he took her to the bathroom or what happened there.

Grayson explained that Kennedy urged him to leave the house while he was raping Mrs. Orr, and Grayson left Mrs. Orr on her bed with the pillowcase taped over her head and face as he left the house. Grayson was tried for capital murder during a burglary. At trial, the officers described the crime scene, the physical evidence, including the playing cards that led to Kennedy’s house, and the circumstances leading to Grayson’s arrest. The officers also recounted their discovery of Mrs. Orr’s wedding rings in Grayson’s wallet and the bloody shirt belonging to Grayson in the woods near his home. The transcripts of Grayson’s confessions were admitted into evidence.

The State additionally presented expert testimony about the crime scene. For example, the State’s trace evidence expert testified about the comparison of hairs recovered from the crime scene and hairs taken from Grayson and Kennedy. The expert explained that several hairs recovered at the crime scene had “negroid” characteristics consistent with Grayson’s and Kennedy’s hair and inconsistent with the victim’s, but that the hairs were too small to allow an individual comparison of them with Grayson’s and Kennedy’s samples. The expert also testified that a hair recovered from Grayson’s sock following his arrest was consistent with the victim’s head hair and inconsistent with Grayson’s, but the expert could not opine as to whether the hair was the victim’s.

The State’s fingerprint expert testified that the latent fingerprints lifted from Mrs. Orr’s home and on evidence were insufficient to allow analysis. The State’s ballistics expert testified that the two bullets found in the wall between Mrs. Orr’s bedroom and bathroom and on the floor in her bedroom were of the .38 caliber size and were fired from the same weapon, likely a Smith and Wesson revolver. The expert further testified that the hole in a shattered clock in Mrs. Orr’s home also was consistent with a .38 bullet. However, on cross-examination, the ballistics expert testified that the police had not given him a gun that matched up with the bullets. The State’s serology expert testified that bloodstains found on a pillowcase and a bed spread in Mrs. Orr’s bedroom could not be typed; nor could urine and semen stains found on a bed sheet recovered from Mrs. Orr’s bathroom. The expert also testified that the bloodstains on Grayson’s shirt recovered from the woods near his house were type O and could have come from either Mrs. Orr or Kennedy, both of whom were type O, but could not have come from Grayson, who is type B. The serology expert testified that a large blood and semen stain on Mrs. Orr’s nightgown was type B, which was consistent with Grayson’s blood.

Grayson provided garbled testimony in his own behalf, mainly to the effect that he was too drunk to remember anything. A jury took only two hours to find him guilty of murder and burglary. Kennedy was executed in Alabama's electric chair at Holman Prison in Atmore on Aug. 6, 1999. The trial judge said, "The court cannot think of a case it has seen, heard, or even read, that would equal the cruelty shown in this case by the defendant to Mrs. Orr."

An 11th Circuit Court of Appeals judge said, "Grayson confessed several times, testified at trial about the murder and his role in it, and does not contend that he was denied a fair trial. The non-biological evidence against him was and is overwhelming. For example, Grayson admitted that he and Kennedy planned the robbery a week before; the victim's wedding rings were found in Grayson's wallet; Grayson's bloody shirt was found in the woods near his house; and Grayson was discovered hiding in the woods after his mother told him of Mrs. Orr's death."

National Coalition to Abolish the Death Penalty

Darrell Grayson, AL, July 26
Do Not Execute Darrell Grayson!

The state of Alabama is scheduled to execute Darrell Grayson on July 26, for the December 1980 murder of Annie Orr. This execution must be halted because substantial doubt exists as to whether Grayson committed the crime for which he was convicted and sentenced to death.According to two sworn affidavits, Grayson was not present when Orr was raped and killed because he was passed out from drugs and alcohol in a different location. Despite originally confessing, Grayson now says he has no knowledge of what took place due to his extremely inebriated state.DNA evidence – in the form of semen found on Orr’s body – could determine once and for all whether Grayson raped Orr. But courts have refused to order the testing and the Alabama Legislature, unlike other states, refused to pass legislation mandating that inmates have access to DNA tests.Grayson’s attorneys have submitted a sworn affidavit from one of the four men present that Grayson could not have murdered Orr because he was passed out. In addition, Grayson’s trial was fraught with problems – he appeared before an all-white jury and his attorney was a divorce lawyer with no capital experience who did not investigate the crime due to a lack of funds. Finally, Alabama’s execution protocol – which has never been made public – is under legal challenge. At the very least, Grayson’s execution should be stayed until the legality of the protocol is determined.

Please write to Gov. Bob Riley on behalf of Darrell Grayson!

Wikipedia

The following individuals have been executed by the State of Alabama at the Holman Correctional Facility near Atmore since 1943:

Inmate Date Method Victim

1 John Louis Evans 22 April 1983 electrocution Edward Nassar.
2 Arthur Lee Jones 21 March 1986 electrocution William Hosea Waymon.
3 Wayne Ritter 28 August 1987 electrocution Edward Nassar.
4 Michael Lindsey 26 May 1989 electrocution Rosemary Zimlich Rutland.
5 Horace Dunkins 14 July 1989 electrocution Lynn McCurry.
6 Herbert Richardson 18 August 1989 electrocution Rena Mae Callins.
7 Arthur Julius 17 November 1989 electrocution Susie Bell Sanders.
8 Wallace Thomas 13 July 1990 electrocution Quenette Shehane.
9 Larry Heath 30 March 1992 electrocution Rebecca Heam.
10 Cornelius Singleton 20 November 1992 electrocution Ann Hogan.
11 Willie Clisby 28 April 1995 electrocution Fletcher Handley.
12 Varnell Weeks 12 May 1995 electrocution Mark Batts.
13 Edward Horsley, Jr. 16 February 1996 electrocution Naomi Rolon.
14 Billy Wayne Waldrop 10 January 1997 electrocution Thurman Donahoo.
15 Walter Hill 2 May 1997 electrocution Willie Mae Hammock, John Tatum, and Lois Tatum.
16 Henry Hays 6 June 1997 electrocution Michael Donald.
17 Stephen Allen Thompson 8 May 1998 electrocution Robin Balarzs.
18 Brian K. Baldwin 18 June 1999 electrocution Naomi Rolon.
19 Victor Kennedy 6 August 1999 electrocution Annie Laura Orr.
20 David Ray Duren 7 January 2000 electrocution Kathleen Bedsole.
21 Freddie Lee Wright 3 March 2000 electrocution Warren Green and Lois Green.
22 Robert Lee Tarver, Jr. 14 April 2000 electrocution Hugh Sims Kite.
23 Pernell Ford 2 June 2002 electrocution Willie C. Griffith and Linda Gail Griffith.
24 Lynda Lyon Block 10 May 2002 electrocution Opelika Officer Roger Lamar Motley.
25 Anthony Keith Johnson 12 December 2002 lethal injection Kenneth Cantrell.
26 Michael Eugene Thompson 13 March 2003 lethal injection Maisie Carlene Gray.
27 Gary Leon Brown 24 April 2003 lethal injection Jack David McGraw.
28 Tommy Jerry Fortenberry 7 August 2003 lethal injection Ronald Michael Guest, Wilbut T. Nelson, Robert William Payne, and Nancy Payne.
29 James Barney Hubbard August 5, 2004 lethal injection Lillian Montgomery.
30 David Kevin Hocker 30 September 2004 lethal injection Jerry Wayne Robinson.
31 Mario Giovanni Centobie 28 April 2005 lethal injection Moody police officer Keith Turner.
32 Jerry Paul Henderson 2 June 2005 lethal injection Jerry Haney in Talladega and for accepting $3,000 from Haney's wife for the killing.
33 George Everett Sibley, Jr. (common-law husband of Lynda Lyon Block) 4 August 2005 lethal injection Opelika Officer Roger Lamar Motley.
34 John W. Peoples, Jr. September 22, 2005 lethal injection Paul Franklin, Judy Franklin, and Paul Franklin, Jr.
35 Larry Eugene Hutcherson October 26, 2006 lethal injection Irma Thelma Gray
36 Aaron Lee Jones May 3, 2007 lethal injection Carl Nelson and Willene Nelson
37 Darrell Grayson July 26, 2007 lethal injection Annie Laura Orr

Darrell Grayson Execution alert

Darrell Grayson Execution Alert Darrell Grayson was executed by the State of Alabama on July 26th 2007.
Thanks to all for your support and attention. Keep hope alive. Peace.

phadp.org

Darrell Grayson is the chairman of Project Hope to Abolish the Death Penalty. Darrell Grayson's execution date is set for July 26th at Holman Prison in Alabama. Below you will find Darrell's statement, talking points, court documents, and other information which will allow you to make an appeal for Darrell's life.

Message from Darrell Grayson

Friends,

I want to thank all of you for your dedication to the cause of justice and for your unwavering faith in mankind.

If the Governor does not grant me DNA testing before Thursday I will die not knowing whether I am guilty or not, but I will die knowing that there are many people in Alabama and beyond its borders who will continue the struggle for justice for all. I want you to know that there is peace for me in that thought. As some of you may know, from childhood on I wanted to make a difference and leave the world better than I found it. These feelings only became stronger on death row where there is so much misery. Project Hope to Abolish the Death Penalty became the vehicle to strive for more and achieve it.

When I see you here today, and I do see you, when I read the letters you have sent me and keep up with the efforts of so many who have stepped up to the plate, I know not only that I have achieved my dream of making a difference but that I leave this dream in the hands of caring, dedicated people. Truly that is the greatest gift, besides life, that you could give me. I thank each and everyone of you from the bottom of my heart! Until we meet again, keep the faith and as I always say when I close my editorials, keep Hope alive!

Darrell B. Grayson
Chairman of Project Hope to Abolish the Death Penalty

DARRELL GRAYSON's STATEMENT

STATEMENT OF FACTS

After 20+ years on death row and acceptance of guilt, I came to question my participation in the crime of which I was convicted and for which I received the death penalty. My family, friends and acquaintances had never believed it, as I had no prior criminal record or reputation for violence.

Six years ago my belief in my guilt was shaken because a witness who had been with my co-defendant, myself and another individual that night, came forward to state unequivocally that I could not have committed the crime as I was passed out cold on the floor due to drugs and alcohol. Furthermore, the statement from the witness that my co- defendant had borrowed my jacket that night when he left and committed the crime, explained how jewelry belonging to the victim had supposedly been found in my wallet, which I always kept in my pocket. I was not present when the police found the jewelry.

It had never made sense to me how I, a non-secretor, could have my blood type identified from the semen. The Innocence Project determined that the tests used by the State would not have been able to identify my blood type, nor would they have been reliable. The argument made by the State that I could have ejaculated twice did not coincide with my sexual history, which told me that when under the influence, I would not even be able to ejaculate once, let alone twice. My total inebriation has never been in question.

In the eyes of my attorneys and the state my guilt had largely rested on my “confession” and that I never retracted it. I did not retract it because I have no knowledge of that night. Hindsight tells me that my confession was due to questionable evidence and suggested scenario presented to me, a suggestive personality, psychological intimidation with good cop/bad cop tactics and my debilitated physical and emotional state due to substance withdrawal.

In addition, my attorney advised me to throw myself on the mercy of the court and I thought that by confessing I was doing that. I had an all white jury. Over the years I have learned that no competent attorney would ever allow his client to take the witness stand, let alone confess, whether the client was innocent or guilty.

When I was arrested I was not hiding, as I had no reasons to. Reasons for arrest were that I was friendly with the co-defendant to whose house a trail of evidence led and because I was familiar with the crime scene. Not knowing any differently, I was willing to accept my culpability and was encouraged to do so as a way of mitigating consequences.

Upon my arrest, I was asked to retrieve the clothes I had worn the night before. There is no doubt that I had no clue or recollection what I wore that night were it not for this new witness who stated that I was wearing the jacket already referred to. I was at a loss, and as a result I just picked up some soiled clothes from a pile in the room I shared with my two brothers. After testing the only possible evidence found was one hair on a sock, which was consistent with the victim’s hair, the state claimed. The defense received too little money to do its own testing and this was stated by the attorney representing me. In fact he asked my family for more money and later stated that if my case had been a civil case he would have been sued for malpractice. (My appointed attorney was a divorce attorney). The shirt which was found a couple of days later by a self admitted police informer, (see attached affidavit) was never identified by me or any family member as belonging to me.

For years I accepted what had been suggested to me because I did not have any memory of that night. When I came to death row and saw Victor Kennedy, my co-defendant who was executed in 1999, I asked him repeatedly to tell me what happened on that night. He would not tell me and was hostile. On the night of his execution, I was taken from my cell by the Lieutenant to the Captain’s office. Victor had asked his personal preacher to tell me that he, Victor, asked for my forgiveness. I asked the preacher, for what does he want my forgiveness? The preacher told me, that is not important!

It is hard to understand why my attorney in preparation for my trial never tried to interview the two other men who were there that night, my brother, Rodney and Al Naugher, (affidavits). It was no secret that we had all been playing cards together that night and drinking as reported in the newspaper at that time. The attorney did not interview these two other men nor did he do any kind of investigation. He later stated that he was denied the money by the court to do that.

It was not until 2001, when Al Naugher once more told my sister Betty Grayson that I was innocent, that Esther Brown interviewed him and others in my case. When she interviewed my brother, Rodney, who I have not seen since my arrest 26 years ago, he told her that the family wanted to put the murder on him. On checking with family members this turned out to be incorrect. Rodney is a convicted sex offender.

Esther Brown also rehired my former attorney, not because of his competency, but because of his local connections, which did turn up my evidence and led to the Innocence Project taking up my case. The State of Alabama, in denying my request for DNA testing, cited the fact that I never said I was innocent as the reason for denial. How could I have done that when I have no memory of that night? I do admit to giving a coerced false confession. DNA testing could prove that and invalidate my false confession, which to cite my original attorney, was the reason I was found guilty and convicted.

Darrell B. Grayson

Death penalty cases can be complex and difficult to summarize. We provide talking points below. However, we also believe that a thorough reading of the facts of this case, including the arguments made by the State of Alabama, will lead most citizens to have, at the very least, serious doubts about the appropriateness of the death penalty in this case.

Darrell's Innocence Project attorneys filed a petition for a writ of certiorari in Grayson v. King. ("King" here is Alabama's Attorney General Troy King.) We are encouraging you to read the petitions filed on Darrell's behalf, the State of Alabama's brief in opposition to the petition, and the reply filed by Darrell's attorney. These papers lay out the issues in the case for both sides. Here are the links to these documents, which are in PDF format (requiring Adobe Reader or another pdf reader):

...there is great question as to whether Darrell Grayson did, in fact, commit this crime.

Darrell Grayson was caught in the trap of poverty and was unable to present his defense to the jury in this case. As I once stated to the Supreme Court during oral argument, the method of funding or lack thereof in this case was tantamount to having my hands tied behind me...

Attorney Richard Bell to Gov. Riley, July 16, 2007

Alabama has refused to make its lethal injection protocol public. The 11 states that looked at lethal injection at least gave the matter pause and consideration. Alabama is doing everything possible to keep everything secret. Why this secrecy? Why not at least stop and say-let’s review as did the other 11 states?

Why Darrell's supports believe it is possible Alabama executed an innocent man.

1. Judge Watkins had set a tentative date for a 3 day trial on this for June 26th and then denied this due to pressure by the State, citing "laches." (For more about this very unusual ruling in this context, click here.) Judge Watkins had been aware of this prior to setting tentative date.

2. Darrell Grayson had an all white jury and a divorce attorney as his lawyer for his initial trial.

3. Darrell's attorney failed to investigate, citing insufficient funds from State.

4. His attorney told Darrell Grayson, 19 years of age at the time, to throw himself on the mercy of the court, ie. confess although he had been in a alcohol blackout the night of the crime with no recollection of the event.

5. A witness who was with Darrell, Victor Kennedy (already executed for this crime,) and Rodney Grayson, gave sworn affidavit that Darrell Grayson was passed out cold and did not leave with Victor Kennedy or Rodney Grayson.

6. On the night of Victor Kennedy’s execution he sent word to Darrell B. Grayson via the chaplain asking him for forgiveness. Victor Kennedy had steadfastly refused to answer Darrel B. Grayson’s questions about the events.

7. Darrell B. Grayson, represented by the Innocence Project, has been denied DNA testing of evidence, which could clear him because it would contradict his false confession of culpability. In denying testing the State argued that Darrell B. Grayson has not claimed innocence. As stated before, Darrell B. Grayson has no recollections of that night!

Please write the Governor, the media, your legislators--ask for a moratorium!!

Text of Letter from Ambassador of European Union regarding Darrell Grayson

EUROPEAN UNION
DELEGATION OF THE EUROPEAN COMMISSION
The Head of Delegation

Washington, 1 June 2007

Ms. Esther Brown Executive Director
Project Hope to Abolish the Death Penalty P.O. Box 1362
Lanett, Alabama 36863

Dear Ms. Brown,

I have received your letter of 27 May regarding the case of Darrell Grayson in which you reinforce your request for me to write to Governor Riley. I want to inform you that I, in fact, had already sent a letter to the Governor about a week before I received your letter.

I told Governor Riley of my meeting with you and how you expressed many concerns about the use of lethal injections in Alabama. I also raised the American Bar Association's broader, and equally negative assessment (June 2006) of the entire Alabama capital punishment process. I urged the Governor to work to establish moratorium on all executions and to stop the imposition of new death sentences.

Sincerely,

John Bruton
Ambassador

ACCEPTANCE SPEECH OF JUSTICE FIGHTER AWARD FROM ALABAMA NEW SOUTH COALITION

I dedicate this award to my very dear friend, the Chairman of PHADP, Darrell B. Grayson.

I do not dedicate it to Darrell because he has an execution date; I do not dedicate it to him because he came from a highly dysfunctional, poor family and was a high school drop out; I do not dedicate it to him because he had an all white jury and a divorce attorney at his trial who suggested he throw himself on the mercy of the court, a court which did not know the meaning of justice, let alone mercy. I do not dedicate this award to Darrell because when I found evidence six years ago which could clear him and the Innocence Project took his case because they too believed in his innocence, the courts denied him DNA testing, no, not for any of these reasons, although they would be more than enough.

I dedicate it to Darrell because living in the darkness and the horror of death row he decided he would leave the world better than he found it. And if this claim can be made for anyone, I make it for him. Not only did Darrell obtain a two year associate degree when that was still possible on death row but he began to write poetry which has been widely published. The Birmingham Arts Review, Axis of Logic, Right Hand Pointing, The Dead Mule have to name a few, published Darrell’s works. He also became an associate writer for the East Alabama black newspaper, The People’s Voice and has three chapbooks to his credit. But this is not all, most important of all, for the past seven years he has been the chairman of our organization and the editor of On Wings of Hope. In these roles he is the mentor and father figure for our board and has touched lives, which had never experienced a caring father, let alone one who challenged them to succeed because he believed in their god given potential.

Darrell believes in justice without ever having obtained it. He believes in service to others in a place where many curl up in the fetal position and think only of themselves. When you give me this award tonight you give it not just to me but also to my brothers on death row and especially to Darrell Grayson without whose support you would not be honoring me.

I want to leave you with this challenge. If Darrell can achieve all he has, be all he is, there is not one of us here tonight who cannot also fight for justice and change. We owe it to him, we owe it to our children, we owe it to ourselves. We cannot allow darkness and injustice to win. We must, each and every one of us embrace Hope and stand up and fight for justice now!

Esther Brown

Darrell B. Grayson was raised in Montevallo, Alabama with eleven siblings in a single parent household. He dropped out of school in the ninth grade. At age 19, and with no prior criminal history, he was convicted and received the death penalty from an all white jury. He has been on Death Row at Holman Prison in Atmore, Alabama since 1982. After some years of severe depression, which he describes as spending flat on his back, the death of his mother brought about the decision to better himself. He began to write commentary and poetry and received his GED and Associate Science degree. In 1994 he became active in Project Hope to Abolish the Death Penalty, an organization founded and operated by Death Row inmates. In 2000 he became its chairman. He edits and assembles Wings of Hope, the Project Hope newsletter, with primitive equipment in the prison.

Darrell Grayson’s poetry, which he describes as "a contagion of insecurities,” has appeared in Axis of Logic, Right Hand Pointing, The Dead Mule, Wings of Hope, and elsewhere. He has written three chapbooks of poetry from prison.

Glory Wings

Indeed, I recall very well,
That special feeling of being exalted,
Flying helter skelter over vast fields
My dusky heels beating a tattoo on the earth,
On my skinny youthful bottom.
The rays of the sun seemed filtered
As through clouds with golden flash-lights,
Alive with thousands of golden fingers
Caressing my damp joy infused face,
As glory wings lifted skywards,
Oh yes, to race the boundless heavens.

Darrell "confessed"
But, confessions are not always what they seem (click here).
DNA evidence is available which has never been tested. Darrell Grayson, facing execution, has been denied the right to have DNA testing. Darrell Grayson, as a young, poor, African-American, was convicted by an all-white jury. Darrell's trial attorney had no experience in capital cases. He practiced divorce law.

Grayson v. State, 479 So.2d 69 (Ala.Cr.App. 1984) (Direct Appeal).

Defendant was convicted in the Circuit Court, Shelby Court, Harold E. Walden, J., of a capital offense involving nighttime burglary and intentional killing, and he appealed. The Court of Criminal Appeals, Bowen, P.J., held that: (1) State was not constitutionally required to provide indigent defendant with services of expert witnesses; (2) appointed counsel compensation statute did not deprive indigent capital defendants of equal protection; (3) trial judge did not abuse his discretion in denying motion for change of venue; (4) statutory limitation on extraordinary expenses of $500 did not limit defendant's ability to establish actual prejudice supporting change of venue; (5) evidence did not support defendant's claim that district attorney was given access to jury roll after it was delivered to sheriff but before defense counsel obtained copy; (6) aggravating circumstance charged in indictment may be used as aggravating circumstance for death penalty; (7) defendant's confessions were voluntary; and (8) death sentence was appropriate. Affirmed.

BOWEN, Presiding Judge.

Darrell Grayson, the appellant, was indicted for the capital offense involving the nighttime burglary and intentional killing of Annie Laura Orr. Alabama Code Section 13A-5-31(a)(4) (1975). Both counts of the indictment charged Grayson with breaking and entering with the intent to commit robbery and intentional killing. A jury found Grayson “guilty of the capital offense as charged in Count One and Two of the indictment.” After a punishment hearing, the jury “fix(ed) the defendant's punishment at death.” After a sentencing hearing, the trial judge followed the jury's recommendation and sentenced Grayson to death by electrocution.

Victor Kennedy was Grayson's accomplice and co-defendant. We affirmed his conviction and death sentence in Kennedy v. State, 472 So.2d 1092 (Ala.Cr.App.1984).

Initially, Grayson argues that his fundamental Sixth Amendment right to the effective assistance of counsel was denied because, as an indigent, he was not provided funds with which to hire experts.

“The question whether an indigent defendant is entitled to state-furnished funds for investigative purposes, tests, expert testimony, and other assistance in his defense in criminal cases has been recognized as an ever-growing problem.” Annot. 34 A.L.R.3d 1256, Section 2(b) (1970). In Thigpen v. State, 372 So.2d 385, 386 (Ala.Cr.App.), cert. denied, Ex parte Thigpen, 372 So.2d 387 (Ala.1979), this Court held that the denial of funds to pay experts does not amount to a deprivation of constitutional rights, despite the contention that the right to the effective assistance of counsel is meaningless without such assistance. Despite that holding, it seems clear, under the developing case law, that both federal and state constitutional guarantees may require a state to provide an indigent criminal defendant with expert assistance. 34 A.L.R.3d at Section 3(a). However, even those cases which recognize the existence of such a constitutional right do not establish it as an absolute right in every case. The threshold question requires the showing of a need for the requested services. Ex parte Argo, 42 Ala.App. 546, 547, 171 So.2d 259 (1965). We recognized in Gwin v. State, 425 So.2d 500, 508 (Ala.Cr.App.1982), cert. quashed, 425 So.2d 510 (Ala.1983), that before determining whether fundamental fairness requires that an accused be afforded the opportunity to have an expert of his choosing examine a piece of “critical evidence whose nature is subject to varying expert opinion”, it should first be determined that the evidence is “critical”. Evidence is “critical” for purposes of the due process clause if it could induce a reasonable doubt in the minds of enough jurors to avoid a conviction when that evidence was developed by skilled counsel and experts. White v. Maggio, 556 F.2d 1352, 1357-58 (5th Cir.1977); Gwin, supra.

We recognize that due process and fair play may demand that the accused be furnished with assistance of experts in preparing his defense. Nevertheless, under the facts of this case, the State was not constitutionally required to provide this indigent with the services of expert witnesses. Hoback v. Alabama, 607 F.2d 680, 682 (5th Cir.1979).

In making his finding of facts, the trial judge found that none of the latent fingerprints found at the scene matched either Grayson or his accomplice, that semen found at the scene could be typed as consistent with that of Grayson, that the blood found on Grayson's shirt was consistent with Mrs. Orr's blood type, and that a hair taken from Grayson's sock at the time of his arrest was consistent with the head hair of Mrs. Orr. At best, the expert testimony could only negate the possibility that Grayson could not have committed the crime. Each expert testified, in effect, that there was no way that the various bodily substances could be positively identified as having come from one particular individual. The record contains no suggestion that the test results were subject to “varying expert opinion” or that there was any question about the validity or accuracy of the tests performed.

Here, the facts show that Grayson requested funds to employ experts. The trial judge granted Grayson's motion “up to the statutory financial limits of Alabama law.” See Bailey v. State, 421 So.2d 1364 (Ala.Cr.App.1982). The judge also granted Grayson's motion for discovery and ordered the State to produce, among other items, “any and all scientific reports, (and) a presentation of all the physical evidence to be presented at trial.” In addition, Grayson was given a complete physical and mental examination at state expense.

Even those cases which recognize that the effective assistance of counsel embraces the allowance of funds for an indigent defendant to obtain investigative services to assist in the preparation of his defense hold that such an allowance is far from automatic and depends on the circumstances of the particular case.

“Our reflections on this point are congruent with the standard applicable when counsel for an indigent defendant seeks funds to obtain investigative services to assist in the preparation of the defense. While in general effective assistance of counsel embraces such an allowance it is far from automatic and ‘depends on the facts and circumstances of a particular case’, with funds provided when counsel makes a showing of necessity of the specific subjects to be explored and of their likely materiality.” United States v. DeCoster, 624 F.2d 196, 210 (D.C.Cir.1976).

The circumstances of this case do not support Grayson's contention that his constitutional right to the effective assistance of *73 counsel was violated because he was not afforded funds for the hiring of experts.

* * *

Grayson argues that his confessions were involuntary upon a consideration of the totality of the circumstances that he was questioned within twelve hours after the crime was committed, was only nineteen years old with a tenth grade education, and was “under a great deal of fear, shame and duress.”

On two separate occasions, the trial judge made specific written findings that Grayson's statements were voluntarily made after knowing and intelligent waivers of his constitutional rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Although two separate suppression hearings were held, Grayson never presented any evidence to contradict the State's showing of voluntariness. The facts are so clear that the statements were voluntary that they do not bear repeating. Suffice it to say that nothing other than sheer speculation, utter conjecture, and groundless surmise will even cast a taint on the voluntariness of Grayson's statements.

In accordance with Beck v. State, 396 So.2d 645 (Ala.1980), we make the following determinations. (1) Grayson was indicted and convicted for a crime which was in fact punishable by death. Alabama Code Section 13A-5-31(a)(4) (1975) is by statutory definition and designation a capital offense. (2) Similar crimes are being punished capitally throughout the state. Lindsey v. State, 456 So.2d 383 (Ala.Cr.App.1983), appeal pending; Clisby v. State, 456 So.2d 86 (Ala.Cr.App.1982), affirmed in part and remanded in part, 456 So.2d 95 (Ala.1983). Victor Kennedy, Grayson's accomplice and partner, also received the death penalty for his participation in this same crime. Kennedy v. State, 472 So.2d 1092 (Ala.Cr.App.1983). (3) The sentence of death is unquestionably proper for Grayson who burglarized, beat, terrorized, raped, and suffocated to death a helpless 86-year-old lady. Both Kennedy's and Grayson's crimes are more characteristic of the actions of wild ravaging dogs of hell *76 rather than even the lowest and most depraved level of humanity.

In reviewing this death sentence, we also make the following findings according to Alabama Code Section 13A-5-53 (1975). (1) There is no evidence that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. (2) Our independent weighing of the aggravating and mitigating circumstances supports the findings of the trial judge that “the capital felony was committed while the defendant was engaged in the commission of a rape, robbery, and burglary”, that “the capital felony was especially heinous, atrocious, and cruel.” We find that the mitigating circumstances are so poor in quality and small in number as to be almost nonexistent. We further find that any single aggravating circumstance far outweighs all the mitigating circumstances. (3) Finally, considering both this particular crime and this particular defendant, we determine that death is neither excessive nor disproportionate to the penalty imposed in similar cases.

In reviewing the proportionality of Grayson's sentence to death we have considered his argument, presented initially in his reply brief on appeal, that similar crimes throughout this state are not being punished capitally. Grayson's argument is grounded on the fact that recently within this state Jerry D. Hamilton was permitted to plead guilty to noncapital offenses involving the murder and kidnapping of twenty-six-year-old Melissa “Missy” DeVaughn.

Although no information concerning Hamilton is contained in the record of the proceedings below, the events surrounding the Alabama Attorney General's plea bargain agreement with Hamilton were well publicized and have been supplemented by the affidavit of an assistant attorney general. It appears that Hamilton was permitted to plead guilty on the condition that he reveal the location of Mrs. DeVaughn's body, which had not been located after extensive and intensive search efforts by county and state authorities. The Attorney General asserts that, without the body, there was insufficient evidence to prove the corpus delicti of a capital murder because there was no physical or scientific evidence to link Hamilton to the murder. Additionally, part of the plea bargain was that Hamilton would plead guilty to a federal kidnapping charge.

The Hamilton case is factually distinguishable from the one now under review. However, in neither Hamilton's case nor in Grayson's was the sentence imposed in an arbitrary and capricious manner. We have searched the entire record for error and found none. That search and our review of this appeal convince us that the judgment of the circuit court is due to be affirmed. AFFIRMED.

Grayson v. State, 675 So.2d 516 (Ala.Cr.App.,1995) (Postconviction).

After his conviction and capital sentence were affirmed on direct appeal, 479 So.2d 69 and 479 So.2d 76, defendant filed petition for postconviction relief. The Shelby Circuit Court, Al Crowson, J., denied relief, and defendant appealed. The Court of Criminal Appeals, Cobb, J., held that: (1) record did not support defendant's contention that trial court improperly adopted state's postevidentiary hearing brief as its opinion; (2) defendant was not denied effective assistance of counsel at trial level or appellate level; (3) certain ineffective assistance of counsel claims could not be addressed on postconviction appeal due to inadequacy of record; and (4) other claims were barred because they could have been but were not raised or addressed at trial and/or on direct appeal. Affirmed.

Grayson v. Thompson, 257 F.3d 1194 (11th Cir. Ala. 2001) (Habeas).

After his capital murder conviction and death sentence were affirmed on direct appeal, 479 So.2d 69, and 479 So.2d 76, and the denial of his postconviction relief motion in state court was affirmed, 675 So.2d 516, defendant petitioned for federal habeas relief. The United States District Court for the Northern District of Alabama, No. 96-01017-CV-C-S, U.W. Clemon, Chief Judge, denied petition. Defendant appealed. The Court of Appeals, Hull, Circuit Judge, held that: (1) police officers had probable cause to arrest defendant; (2) defense counsel's failure to present an expert regarding intoxication and alcoholism did not amount to ineffective assistance; (3) counsel's failure to request a reinstruction of the jury regarding intent, following jury's question asking court to define “intent,” was reasonable; (4) failure to introduce evidence of defendant's impoverished family background during sentencing phase was not prejudicial; and (5) grant of only $500 to hire expert forensic pathologist did not violate defendant's due process rights. Affirmed.

HULL, Circuit Judge:
Darrell Grayson appeals the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus in his capital case. In June 1982, Darrell Grayson was convicted of the capital murder of an elderly widow and sentenced to death in the Circuit Court of Shelby County, Alabama. Pursuant to 28 U.S.C. § 2253, the district court granted a Certificate of Appealability with respect to certain issues in Grayson's § 2254 petition. After review and oral argument, we affirm the denial of Grayson's § 2254 petition.

I. BACKGROUND

The judge who sentenced Grayson to death found these facts regarding Grayson's crime:

Mrs. Annie Laura Orr was an eighty-six (86) year old widow who lived alone in her house in Montevallo, Alabama. At the time of her death, she stood about five feet three inches tall, and weighted [sic] some one-hundred seventeen pounds. Her granddaughter visited her during the day of December 23rd, 1980, and found her appearing to be in good health, ambulatory, and in possession of her mental faculties. Her personal physician, Dr. Lewis Kirkland, described her as being in good health for a woman of her age.

During the evening hours of December 23rd, 1980, the Defendant Darrell Grayson, Co-defendant Victor Kennedy, and two other individuals, met at Kennedy's residence, also in Montevallo, and a short distance from that of Mrs. Orr. They drank wine and played cards. Sometime shortly after midnight, and after the other individuals had gone, Kennedy and Grayson left Kennedy's house on foot, walking in the direction of Mrs. Orr's house. They were armed with a .38 Caliber handgun, which belonged to Kennedy. They decided to burglarize Mrs. Orr's residence in order to get some money. They had previously discussed such a burglary, that Mrs. Orr was elderly, and where she kept her money.

They entered the Orr house during the very early morning hours of December 24th, 1980, through a rear basement door. They then proceeded through the dirt basement, up several steps, and into the main living portion of the house near Mrs. Orr's bedroom. The Defendants used a flashlight to illuminate their way.

Once inside the living portion of the house they entered Mrs. Orr's bedroom where she was apparently sleeping. They subdued and beat her, striking her in the head with a blunt instrument and breaking several of her ribs. Darrell Grayson then placed a pillowcase over her head and wrapped two relatively long lengths of masking tape very tightly around her head so that when they were finished he[r] head then appeared to be that of a mummy. They then proceeded to look for money and other valuables.

When apparently they could not find a significant amount of cash, the[y] began threatening Mrs. Orr by beating her further, threatening to drown her, and firing two shots from Kennedy's pistol, into her bedroom block and wall. Also during their assault, they raped Mrs. Orr repeatedly. Darrell Grayson said he didn't want to rape Mrs. Orr but that he did so twice. Mrs. Orr lived through the assault of being raped, beaten, threatened, unable to see or adequately breathe, and begging her assailants not to hurt her but to take the money and leave, for a considerable period of time. She then died.

A. Grayson's Arrest

Around nine a.m. on December 24, 1980, Dr. Milton Orr discovered the dead body of his 86-year-old mother, Mrs. Annie Laura Orr, in the bedroom of her home in the small community of Montevallo, Alabama.FN1 He called law enforcement and a doctor. Law enforcement officers (“officers”) discovered a trail of playing cards, that matched cards found inside Mrs. Orr's home, leading away from the crime scene in the direction of the home of Victor Kennedy, a known burglar. Captain Reed Smith, one of the officers investigating the crime, had worked on a burglary involving Kennedy approximately six weeks earlier that “went along the same route.” Another officer had arrested Kennedy fifteen or sixteen times prior to Mrs. Orr's murder and was familiar generally with the Grayson family. Officers knew that Kennedy and Grayson were friends and had been seen together the previous night. Officers were aware that Grayson had worked for Mrs. Orr previously and that he was familiar with her residence. Therefore, in the early afternoon of December 24, officers began looking for Grayson. Officers found him near his home “squatting in the bushes” in a wooded area and took him into custody. Following his arrest, Grayson confessed. In addition, officers recovered Mrs. Orr's wedding rings from Grayson's wallet and obtained physical evidence from Grayson linking him to the crime.

FN1. Grayson's trial counsel emphasized to the trial judge in the case the closeness of the small Montevallo community and the “longstanding relationship” that the entire Orr family had with the Montevallo community. Indeed, the newspaper serving the entire county in which Montevallo was located had a circulation of only 8,850 people in December 1980.

B. Grayson's Confessions

After Grayson was taken into custody on the afternoon of December 24, Grayson gave a series of statements. Before each statement, the officers informed Grayson of his Miranda rights. When Grayson was first taken into custody, Sergeant John Pratt advised Grayson of his Miranda rights and told Grayson that he would sit down and talk with him at police headquarters regarding the death of Mrs. Orr the previous evening. Pratt informed Grayson that he should think carefully about the previous evening in order to participate in that conversation. In what has been characterized as his first statement, Grayson responded by stating something like “Yes sir, I understand what you are talking about.”

Approximately one hour after Grayson was transported to the police department, Pratt and Chief Troy Kirkland questioned him regarding the death of Mrs. Orr after advising him of his Miranda rights a second time and obtaining his signature on a Notification of Rights form.FN2 During that interview, Grayson told the officers that he had performed yard work for Mrs. Orr in the past, was familiar with her house, and had entered her home with Victor Kennedy in the early morning hours of December 24. He admitted that they had awakened Mrs. Orr and had repeatedly raped her in the course of searching the house for valuables. After taking what money and valuables they could find, Grayson and Kennedy left Mrs. Orr on her bed and left the house.

Within thirty minutes of this interview, Grayson orally waived his Miranda rights a third time. The officers then conducted another interview and tape recorded Grayson's story about the rape and burglary. Grayson repeated the account of the crime previously given to officers. Although he admitted that he had known where to look for money in Mrs. Orr's house as a result of doing work for her in the past, Grayson claimed that both the burglary and rape were Kennedy's ideas. Grayson explained that he and Kennedy had consumed several gallons of wine the preceding evening.

Two days later, on the afternoon of December 26, Grayson gave another recorded statement to Captain Reed Smith. After again signing a Notification of Rights form waiving his Miranda rights and expressing his willingness to speak with the police without a lawyer, Grayson gave another account of the crime. Grayson explained that he and Kennedy had been planning for a couple of weeks to rob Mrs. Orr to get money for Christmas. Grayson said that Mrs. Orr was selected as a target because he had worked for her and was familiar with her house and where she kept money.

Grayson stated that Mrs. Orr had begged them not to hurt her and told them to take her money. Grayson explained that he had taped a pillowcase over Mrs. Orr's face to prevent her from recognizing him, although he stated that he did not think Mrs. Orr would recognize him since it had been years since he had worked for her. After he taped the pillow case over her head, Grayson could not understand what she was saying and that her words sounded like mumbling. He described both Kennedy and himself raping Mrs. Orr repeatedly and their unsuccessful search for money and other valuables. He admitted that he had taken Mrs. Orr from her bedroom into the bathroom at one point during the crime and had returned with her to the bedroom and raped her again. He stated that he could not remember why he took her to the bathroom or what transpired there. Grayson stated that Kennedy urged him repeatedly to leave the house while he was raping Mrs. Orr and that he left Mrs. Orr on her bed with the pillowcase taped over her head and face and exited the house.

C. Grayson's Motion to Suppress Confessions

Attorney Richard Bell was appointed to defend Grayson, who entered a plea of not guilty and not guilty by reason of insanity. Prior to trial, Bell moved to suppress Grayson's confessions. Bell argued that they were given without a knowing and intelligent waiver of his right to counsel because Grayson: (1) was “extremely intoxicated and unable to comprehend or understand the implications raised by the admissions” at the time; (2) was “a person with an extremely limited education who could not possibly be expected to understand the implications raised by the admissions”; and (3) made the statements “as the result of promises of probation, lighter sentence, or benefit ... by the fact of his admitting certain facts.”

The trial court held an evidentiary hearing on the motion to suppress. Sergeant Pratt testified that he administered full Miranda warnings to Grayson prior to all four interviews, in which he specifically advised Grayson: (1) that he had the right to remain silent; (2) that anything he said could and would be used against him in a court of law; (3) that he had a right to talk to an attorney and have an attorney present while he was being questioned; (4) that a lawyer would be appointed to represent him before any questioning if he could not afford one; and (5) that he had the right to stop answering questions at any time if he wished to have a lawyer present. Pratt testified that no officer had made any promises, threats, or inducements of any kind to Grayson. Grayson told Pratt that he understood his rights and wished to waive them and talk to the police. Pratt explained that Grayson had manifested his understanding of his rights and his desire to speak to police without a lawyer by signing a Miranda waiver form on December 24 prior to giving his statements.

With respect to Grayson's demeanor during the interviews, Pratt testified that he did not smell alcohol on Grayson or see any other indications of alcohol or drug use. Grayson was not slurring his speech. The only time that Pratt experienced difficulty understanding Grayson was when Grayson lowered his head and talked “straight to the floor.” Pratt testified that there were no alcohol or drug tests performed on Grayson on the date of his arrest despite Grayson's statements that he had consumed gallons of wine the night before. Pratt described Grayson's general demeanor as “normal,” although he admitted that Grayson appeared nervous a few times and became fidgety.

Captain Smith also testified about Grayson's statement on December 26. Prior to that interview, Grayson had been fully advised of his Miranda rights and had manifested his desire to talk to the police without a lawyer present. Like Pratt, Smith testified that no threats, promises or inducements of any kind were made to Grayson and that Grayson never indicated that he wanted to talk to family members or anyone else. Counsel for the State also introduced the transcripts of the third and fourth tape recorded interviews into evidence at the suppression hearing.

The trial court found that Grayson gave his statements after knowingly and voluntarily waiving his constitutional rights. At trial, the court again ruled the statements voluntary and admissible and admitted them during the State's case-in-chief.FN3 During the past twenty years, Grayson has never recanted his confessions.

FN3. Although the trial court had informed the State at the suppression hearing that it would be required to admit the actual tape recordings into evidence at trial, only the transcripts were admitted with no objection from Grayson.

* * *

F. The State's Evidence

At trial, the officers described the crime scene and the physical evidence collected from Mrs. Orr's home and the surrounding areas, aided by numerous photographs and other pieces of physical evidence. Officers testified about the trail of playing cards which matched cards found in Mrs. Orr's home and in Kennedy's bedroom. They recounted the circumstances leading to Grayson's arrest and the subsequent recovery of a bloody shirt belonging to Grayson in the woods near his home. The transcripts of Grayson's confessions were also admitted into evidence.

Although the State presented expert testimony regarding the crime scene, most of that evidence was inconclusive as to the identity of the perpetrator of the killing. The State's fingerprint expert testified about the lifting and analysis of latent fingerprints found both at Mrs. Orr's home and on evidence found close to the scene of the crime. The fingerprint expert explained that the latent fingerprints were insufficient to allow for fingerprint analysis.

The State's trace evidence expert testified regarding the comparison of hairs recovered from the crime scene with hairs taken from Grayson and Kennedy. The expert explained that several hairs recovered from the scene had “negroid” characteristics consistent with the head hair of both Kennedy and Grayson and inconsistent with the victim's hair. The expert clarified, however, that the hairs recovered from the scene were too small to allow for an individual comparison of them with hair samples taken from Grayson and Kennedy. Thus, the expert did not attribute the hairs recovered from the scene to either Grayson or Kennedy specifically. The trace evidence expert also testified about a hair recovered from Grayson's sock following his arrest. He explained that the hair was inconsistent with Grayson's hair and consistent with the victim's head hair. Although the hair was consistent with Mrs. Orr's, the expert could not opine that the hair was hers.

The State's ballistics expert testified regarding two bullets found at the crime scene. One was wedged into the wall separating the victim's bedroom from her bathroom and one was recovered from the floor in her bedroom. The ballistics expert opined that both bullets were of the .38 caliber size and were fired from the same weapon, likely a .38 or .357 Smith and Wesson revolver. The ballistics expert also testified concerning the pieces of the shattered clock recovered from the crime scene and opined that the hole that penetrated the clock was consistent with a .38 bullet fired at a slight angle.

The State's serology expert also testified and explained that bloodstains found on a pillowcase and a bed spread in Mrs. Orr's bedroom could not be typed. Urine and semen stains found on a bed sheet recovered from Mrs. Orr's bathroom also could not be typed. The expert testified that he was able to type the bloodstains on Grayson's shirt recovered from the woods near his house and that the type O bloodstain could not have come from Grayson, whose blood type was type B. The expert testified that the type O bloodstain could have come from either Kennedy or Mrs. Orr, both of whom had type O blood. Finally, the serology expert testified that a large blood and semen stain on Mrs. Orr's nightgown was type B, which was consistent with Grayson's blood type and inconsistent with Kennedy's.

The State also called the autopsy doctor, who testified that Mrs. Orr had died of asphyxiation as a result of the pillow case taped tightly over her face and that her injuries were consistent with a sexual assault. The doctor described the many injuries on Mrs. Orr's body with the aid of numerous photographs. He testified that Mrs. Orr was severely bruised on her chest, arms, legs, and genital area as a result of blunt force. She also had a laceration on her forehead and five broken ribs.

G. Defense at Trial

In his opening statement, defense counsel Bell asked that the jury consider the case rationally and not be unduly swayed by the emotional nature of the case. Counsel promised the jury that the defense would not lie to them throughout the case. During the bulk of the State's evidence regarding the crime scene and the evidence collected at Mrs. Orr's house, defense counsel conducted little cross-examination. Most of that evidence did not implicate any specific individual in the killing.

Defense counsel fully cross-examined the autopsy doctor. In response to the litany of injuries described by the doctor, defense counsel inquired whether those injuries contributed to Mrs. Orr's death or were in any way “life-endangering injuries.” The doctor conceded that Mrs. Orr's injuries had not contributed to the death by asphyxiation and were not individually life threatening.

In addition, defense counsel questioned the doctor about the pillow case taped around Mrs. Orr's head. The doctor admitted that Mrs. Orr was able to receive some air through the pillow case and that Mrs. Orr's bodily fluids may have filled the pores of the pillow case fabric and caused the air flow to be diminished over time. Further, in response to defense counsel's questioning, the doctor admitted that there was no physical evidence that Mrs. Orr's hands had been bound at any time to prevent her from removing the pillowcase. Defense counsel emphasized on cross-examination that the autopsy doctor had been able to remove the pillowcase over the top of Mrs. Orr's head without loosening or cutting the masking tape that held it. Finally, defense counsel explored with the doctor a possible connection between Mrs. Orr's arteriosclerotic disease and her death by suffocation.

Defense counsel also cross-examined the State's ballistics expert and asked him whether the police had given him a gun that matched up with the bullets recovered from the scene. The expert responded in the negative. On cross-examination of the State's serology expert with respect to the type B semen stain on Mrs. Orr's nightgown, defense counsel focused on the fact that Grayson was a “non-secretor” who ordinarily would not secrete his blood type into bodily fluids in detectable amounts. Counsel further noted that the semen tested on the nightgown was mixed evenly with blood which could have produced the type B reading. Counsel also continued to object to the admission of Grayson's confessions on the basis of voluntariness throughout the trial.

Defense counsel called four witnesses: (1) Grayson; (2) Grayson's mother; (3) Grayson's sister; and (4) Sheriff Glasgow. Defense counsel walked Grayson through the events of the day and evening preceding Mrs. Orr's death. Counsel asked Grayson about the amount of alcohol he purchased and consumed and emphasized Grayson's repeated trips to buy alcohol and his consumption of large amounts of wine right out of the bottle for several hours immediately preceding the crime. Counsel established that Grayson and Kennedy had shared three one-fifths of wine, one gallon of wine, and a half-case of beer between one or two p.m. and approximately midnight when they left to rob Mrs. Orr. Grayson testified that Kennedy needed money, suggested that they rob somebody, and had “spotted” the Orr house.

In walking through the crime itself, Grayson repeatedly explained that he had shared in gallons of alcohol that night and could not independently recall many of the specific events that transpired. Grayson testified that he could not recall how he and Kennedy had entered Mrs. Orr's home. He could not recall beating or hitting Mrs. Orr or taking her into the bathroom. Grayson also did not recall taking Mrs. Orr's wedding rings from her home or placing them in his wallet. He had no recollection of the rings when Sheriff Glasgow located them in Grayson's wallet the next day.

Grayson admitted raping Mrs. Orr, but explained that he was reluctant to do so and committed that act only at Kennedy's urging. He admitted hearing something that sounded like a “muffled” gun shot, but testified that he did not know whether any shots actually had been fired. Grayson left the house at Kennedy's urging while Grayson was still searching for valuables. Counsel specifically asked Grayson why he had taped a pillowcase over Mrs. Orr's head and face and Grayson testified that he did this to keep from being identified. Grayson testified that Mrs. Orr was breathing and alive when they left the house because he heard her “making moaning noises like she was trying to say something.” Finally, counsel directly asked Grayson if he had gone to Mrs. Orr's house to murder her, to which Grayson responded, “No sir.” Grayson testified that he completely forgot committing the crime the next morning until his mother told him of Mrs. Orr's killing. He explained that he hid the bloodstained shirt he had been wearing the night before in the woods after recalling his involvement in the crime.

When probed on cross-examination, Grayson testified that he had been drinking heavily and that he doesn't remember when he drinks. Although admitting that he was sufficiently in possession of his faculties to walk, talk, and have sexual intercourse, Grayson continued to insist that he committed the crime due to the alcohol he had consumed. He explained that he “was very bad with alcohol” and that it was not uncommon for him to drink. Grayson admitted that he knew at the time that it was wrong for him to be in Mrs. Orr's house, however. Grayson further testified that he had told officers things in his statements that he really didn't remember based upon their suggestions of what Kennedy had said about the events that transpired. Grayson denied knowing that Kennedy was carrying a gun on the night of the killing until Kennedy pulled the gun out in Mrs. Orr's house.

Grayson admitted that he and Kennedy had been planning a robbery for at least a week and that Mrs. Orr's house was chosen because Grayson had worked for her and knew her house and where she had kept money. He admitted that he had raped Mrs. Orr at least once. Grayson also admitted that he had wrapped the pillowcase and tape around Mrs. Orr's head despite the fact that he had not worked for her in two years and did not believe she would be able to recognize him. He conceded that he had been the last one in Mrs. Orr's room and that he had not loosened the pillowcase before leaving the house. Grayson also admitted that Mrs. Orr had never done him any harm and specifically stated that “[s]he was very nice to me.”

Defense counsel next called Grayson's mother, who testified that she had informed all of her children, including Grayson, of Mrs. Orr's death after receiving a phone call telling her of the crime. Grayson's sister testified that she was present when her mother shared the news and that Grayson made some remark like “how could anybody do something like that to an old woman.” Sheriff Glasgow confirmed that Grayson had expressed surprise when Glasgow removed Mrs. Orr's wedding rings from Grayson's wallet and that Grayson had stated that he had never seen them before. The defense then rested.

H. Closing Arguments

The State's closing argument urged the jury to return a verdict of capital murder, contending that the evidence showed that Grayson intentionally killed Mrs. Orr during the course of the rape and robbery. They argued that Grayson was sober enough to walk, talk, rape, pillage the house for valuables, and walk home of his own accord. Thus, his intoxication was no defense. The State challenged Grayson's claims that he only wrapped the pillowcase around Mrs. Orr's head to prevent her from identifying him. If he had truly wanted to prevent identification, he could have covered his own head or simply her eyes and not tightly bound her head with a pillowcase and masking tape like a mummy. According to the State, it was obvious that no one could breathe with a head cover like the one used by Grayson. Thus, the State claimed the evidence showed Grayson's intent to kill Mrs. Orr.

Under Alabama law, the State had to convict Grayson of capital murder to obtain a death sentence. Capital murder required an “intentional” killing, whereas the lesser included offense of felony murder did not. Because Grayson had confessed to his involvement in Mrs. Orr's death, defense counsel focused in closing argument on Grayson's lack of intent to kill Mrs. Orr during the burglary, arguing that he was innocent of capital murder. Thus, at the inception of his closing, defense counsel conceded that Grayson fully expected a guilty verdict in the case on some charge, but emphasized that the key question in the case was one of “intent.” Defense counsel spoke at length about the evidence regarding Grayson's intent on the night of the killing. Defense counsel focused the jury on his cross-examination of the autopsy doctor and the medical evidence that suggested an unintentional killing. In arguing the lack of specific intent, defense counsel made references to Grayson's intoxicated state at the time of the crime and to his impoverished cultural background. Counsel also encouraged the jury to come back with a verdict of a lesser included offense. Defense counsel told the jury that Grayson was ashamed of what he had done and commended him for telling the truth from the start about his conduct and accepting whatever punishment resulted. Counsel also pointed out to the jury that Grayson had no prior record of violent crime and came from a family and cultural background that may have influenced his actions.

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K. Sentencing Hearing Before Trial Judge

Approximately three weeks later, the judge held a sentencing hearing to consider the aggravating and mitigating circumstances of Grayson's crime and to decide the sentence. Under Alabama law at the time, the jury's sentence was not dispositive. Instead, the court was required to sentence Grayson to death or to life without parole. See Horsley v. Alabama, 45 F.3d 1486, 1488 n. 1 (11th Cir.1995).

At the sentencing hearing, the State relied exclusively on the trial evidence. Defense counsel noted that he had “adequately stated to the Court the intent that he exhibited that night.” Defense counsel also discussed the inadequacy of the funds allotted by the State of Alabama to provide for Grayson's defense in his capital case. Counsel further argued lack of intent to kill: And that we would submit to the Court that even though limited in our ability to prepare a defense financially for Darrell Grayson, that we have presented the fact that this man did not possess the intent, did not have the malice with which to be convicted of a capital crime, and should not be sentenced to death in the electric chair of the State of Alabama.

The trial court sentenced Grayson to death by electrocution and made both specific findings of fact and findings of aggravating and mitigating circumstances present in the case. As aggravating circumstances, the court found: (1) that the killing was committed while the defendant was engaged in the commission of a rape, robbery, and burglary and (2) that the killing was especially heinous, atrocious and cruel when compared to other capital felonies. With respect to the latter aggravating circumstance, the court stated:

The Court finds that the actions of the Defendant were completely barbaric, showing a complete and utter disregard for not only human life, but human dignity. The Court cannot think of a case it has seen, heard, or even read, that would equal the cruelty shown in this case by the Defendant to Mrs. Orr. Indeed, the Court has some difficulty imagining what more the Defendants could have done to make this crime any more heinous, atrocious, or cruel.

The court also considered the mitigating circumstances, finding that Grayson had no long history of prior criminal involvement and that he was nineteen years old at the time of the offense. The court “also noted that the Defendant was relatively poor and unemployed, had abandoned his education in the tenth grade, although he did receive training at a technical school, had been raised without a father and had given his mother little trouble in growing up, at the time of the capital felony.” The court specifically found that there was no compelling evidence that Grayson lacked the capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. “He clearly knew what he was going to do, what he was doing, and what he did, was wrong and illegal.”

L. Direct Appeal and Post-Conviction Proceedings

Grayson's conviction and death sentence were upheld on direct appeal. Grayson v. State, 479 So.2d 69 (Ala.Crim.App.1984); Ex Parte Grayson, 479 So.2d 76 (Ala.1985), cert. denied, Grayson v. Alabama, 474 U.S. 865, 106 S.Ct. 189, 88 L.Ed.2d 157 (1985). Grayson then filed a petition for writ of error coram nobis in the state court of Alabama on January 10, 1986. On September 24, 1990, Grayson filed an amended petition for relief from conviction and sentence of death, pursuant to Temporary Rule 20 of the Alabama Rules of Criminal Procedure. That petition was amended on August 23, 1991, January 28, 1992, and again on March 26, 1992.

On April 6 and 7, 1992, the Shelby County Circuit Court held an evidentiary hearing on the petition. Grayson presented the following evidence from expert and lay witnesses regarding his alcoholism and chaotic upbringing that he claimed could have been presented to the jury at his trial.

M. Experts at State Habeas Hearing

Dr. Cleveland's deposition testimony was introduced in Grayson's state habeas hearing. Dr. Cleveland has a Ph.D. in child and family development and compiled a family study and evaluated Grayson. Cleveland testified that Grayson's family was severely disturbed and that its members looked outside the family to have critical needs met. There was food available in Grayson's house most of the time, but the family was very violent and chaotic. There was little adult supervision over Grayson and his eleven siblings, and fighting and intoxication were the norm. Alcohol was available in Grayson's home from the time that he was a small child, and alcohol abuse was rampant in the household. Numerous people came and went from Grayson's overcrowded home, and his teenage sisters had children who resided with them. Dr. Cleveland explained the abusive and impoverished background of Grayson's mother and her inability to control or care for her children. Grayson's mother used corporal punishment as the only real means of controlling her children. Grayson had no positive male or female role models in his life.

As a result of this chaotic upbringing, Cleveland testified that Grayson was left without a way to solve problems or to cope with stresses of life and that he began drinking heavily at an early age. She explained that the alcohol consumption seemed to be “like a medication for him at times.” On cross-examination, Cleveland conceded that Grayson's upbringing is not all that uncommon in impoverished settings and that such an upbringing does not necessarily lead to murder. While it appears from Cleveland's family study and chronology that many of Grayson's eleven siblings had scrapes with law enforcement and that six of them spent time in jail, it appears that Grayson was the only one convicted of a violent crime.

Grayson also presented the testimony of Dr. Phillips, a forensic psychiatrist with expertise in chemical dependency and substance abuse. Phillips opined that Grayson was suffering from a personality disorder and from dependency as a result of severe alcohol and drug abuse at an extremely young age, causing an inability to function at a level expected of someone his age in areas like social skills, responsibility, daily living skills, personal independence and self sufficiency. Phillips testified that Grayson's excessive drinking included “periods of blackouts with some question of hallucination although they were extremely minimal and not terribly convincing in terms of my own diagnostic opinion.” Phillips testified regarding alcoholic blackouts as “amnestic episodes” that result in memory loss while a person is in the process of functioning. “And some of that anteriorgrade amnesia can have an onset in such a manner that as you are in a blackout you can't remember what you did the previous five minutes.” Phillips testified that unintended consequences often result from intoxication and the impaired judgment that it causes. He also explained that Grayson's intoxication and other evidence at the crime scene suggested that Grayson did not appreciate the consequences of taping a pillow case over Mrs. Orr's head and the other actions he took that night.

Phillips opined that the absence of adult supervision and positive role models in Grayson's overcrowded home led to alcoholism in all but three of the twelve siblings. The chronic alcoholism of Grayson's mother led to chaos in the family, such as violence, disruption, arguing, hitting of children, and fights breaking out. The absence of space and privacy in the small impoverished shack made up of scraps of wood where Grayson was raised was also critical in Grayson's development according to Phillips. Phillips also opined that Grayson's lack of role models and validation at home led him to seek validation from the likes of Kennedy by conforming his behavior to the behavior patterns exhibited by Kennedy. Grayson was very perplexed at what he had done to Mrs. Orr and was ashamed of his role in the crime. Phillips opined that this confusion and shame were consistent with his diagnosis of alcoholism and intoxication at the time of the crime. On cross-examination, Phillips conceded that Grayson's alleged adjustment disorder following the crime did not contribute to his commission of the crime against Mrs. Orr. Although Grayson had a history of antisocial behaviors, Phillips did not think he suffered from antisocial personality disorder. Phillips testified that Grayson was not mentally retarded in his opinion, but was of average to low-average intelligence.

Dr. Burton, a licensed physician with a specialty in forensic medicine and pathology, opined that Mrs. Orr's death was the result of suffocation from a pillow case being taped over her head in such a way that it impaired her ability to breathe, although he conceded that it was possible that heart failure played some role. Burton testified that none of Mrs. Orr's wounds were of the type expected to cause death. Based upon her death by suffocation, Dr. Burton testified that Mrs. Orr might have been alive when Grayson and Kennedy left her home and that it was possible for a person to live up to two hours in such circumstances. Because of Mrs. Orr's advanced age, Burton testified that her bruising could have been caused with minimal trauma during a rape and restraint. Dr. Burton also explained that the presence of bruises showed that Mrs. Orr was not unconscious during the attack, but awake and struggling, which would have led her attackers to believe that she was able to breathe.

Dr. Burton further testified as to the effects of alcohol on an individual's ability to reason and understand the consequences of his actions. He opined that Grayson may have been capable of performing the mechanical tasks associated with covering Mrs. Orr's face and raping her, despite his intoxication, without comprehending the consequences of those mechanical acts. Further, he explained that an intoxicated individual might have difficulty recalling an event shortly thereafter, but might regain memory of the event over time.

Dr. McClaren was hired by the Alabama Attorney General's Office to conduct a psychological evaluation of Grayson. At the state habeas hearing, McClaren testified that he evaluated Grayson using the Wexler Adult Intelligence Scale-Revised and that Grayson received a verbal IQ score of 88, a performance IQ score of 80, and a full-scale IQ score of 83. He testified that these results suggest average intellectual functioning.FN6 McClaren also administered the Minnesota Multiphasic Personality Inventory (“MMPI”) to Grayson and testified that he did not find any evidence that Grayson was psychotic or had a major mental illness after evaluating his score on the MMPI, although Grayson did display a profile “frequently found among people who find themselves in conflict with societal realms.” Further, McClaren opined that Grayson had some antisocial traits and suffered from some sort of unspecified personality disorder, although he could not be diagnosed with antisocial personality disorder. McClaren diagnosed Grayson as being in remission from alcohol, and possibly cannabis, dependency. McClaren opined that Grayson was able to appreciate the consequences of his actions on the night of the murder.

FN6. McClaren testified that he met with Grayson on two occasions and reviewed numerous documents, including a trial transcript, Grayson's statements to officers following the crime, Grayson's Bryce Hospital records, Grayson's correctional records, his school records, a family study prepared by Dr. Cleveland, a psychological evaluation from 1974, and the deposition of Dr. Zimmerman. In addition, McClaren interviewed two of Grayson's sisters, his step-father, and two of Grayson's lifelong acquaintances. Further, McClaren talked to officers involved in the investigation of Mrs. Orr's death.

The deposition testimony of Dr. Zimmerman, a psychologist with a specialty in mental health evaluations, was admitted into evidence at Grayson's state habeas hearing. Zimmerman diagnosed Grayson as alcohol dependent at the time of his incarceration and opined that: “he would go through physical withdrawal from alcohol, alcohol affected the way he thought and his behavior, and what we know from animal studies is that alcohol probably affected his brain and those chemicals in the brain that carry messages from nerve cell to nerve cell.” Dr. Zimmerman also testified to alcohol's effects generally on an individual's ability to appreciate the consequences of his actions. Zimmerman opined that Grayson was experiencing an alcoholic blackout at the time of the murder.

He found that Grayson read at greater than a twelfth grade level. Dr. Zimmerman also rescored the MMPI administered to Grayson by Dr. McClaren. In the MMPI analysis of Dr. Zimmerman, it states: “The long-range prognosis for this individual is not good as this type does not learn from experience, including psychotherapy and incarceration.”

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For all of these reasons, we conclude that the district court did not err in denying Grayson's § 2254 petition. AFFIRMED.