Pubdate: Thu, 28 Sep 2006
Source: Clarion-Ledger, The (MS)
Copyright: 2006 The Clarion-Ledger
Contact:  http://www.clarionledger.com/
Details: http://www.mapinc.org/media/805
Author: Eric Stringfellow, NEW TRIAL DESERVED IN CASE OF SLAIN OFFICER

Cory Maye's version of an incident five years ago  sounds like a 
compelling argument for the Castle  Doctrine, the controversial law 
that gives  Mississippians broader authority to defend their homes 
and other property.

Maye said he was home with his 18-month-old daughter  when he fell 
asleep in a chair. He said he was awakened  by what he believed were 
intruders and, like most  people, wanted to protect his home and his 
family. He  reached for a nearby handgun and shot Ron Jones as  Jones 
entered Maye's duplex.

Jones, as Maye now knows, was not a burglar. He was a  Prentiss 
police officer participating in a raid of  Maye's apartment. Maye was 
convicted of capital murder  and sentenced to die by lethal injection.

The sentence was overturned last week in Pearl River  County Circuit 
Court, where a motion for a new trial is  pending. While the Castle 
Doctrine, which became  effective July 1, isn't applicable in this 
case, the  glaring questions from Maye's trial suggest the  scrutiny 
is appropriate.

TRAGIC INCIDENT

Jones' death was especially tragic, as is the case with  any public 
servant who makes the ultimate sacrifice in  the continuous battle to 
make our communities safe and  drug free. Jones' service is 
appreciated and should be  remembered. There also should be some 
accountability.

The key question today is whether Maye received  justice. Judge 
Michael Eubanks, in overturning Maye's  death sentence, ruled Maye 
received inadequate  representation during the sentencing phase of 
his 2004  trial. His attorney from that trial has said otherwise.

Maye's new defense team, which includes lawyers from  across the 
country, also has argued that Rhonda Cooper,  Maye's attorney, was 
ineffective during the guilt  phase. Cooper has raised some 
legitimate questions  about Eubanks' sentence, noting that the 
sentencing  phase proceeded immediately after the trial 
phase  without adequate time to prepare. Other issues in this  case 
appear more basic, including whether Maye knew  Jones was a police 
officer. Officers, after raiding the  unit next door, said they 
announced themselves at  Maye's door and entered after hearing no 
answer. Maye  testified that he didn't hear the officers announce  themselves.

NO CRIMINAL RECORD

Maye had no criminal record, and officers found only  traces of one 
marijuana cigarette inside the apartment.  There also was testimony 
that the front of the  officers' clothing was not marked with any law 
enforcement insignia.

Why would someone with no criminal history and with  nothing to hide 
inside his home do something that seems  so out of character, like 
knowingly shoot a police  officer?

There also are questions about the validity of some  information in 
the warrant to search Maye's apartment.  When coupled with other 
elements, this doesn't sound  like justice.

Yes. Maye fatally wounded a police officer. But in  giving Maye the 
benefit of the doubt about the  officers' identities, a capital 
murder conviction and  death penalty sounds extreme.

What's clear is Maye deserves a new trial and a fresh  look at the evidence.

His life is at stake. And like everyone else, he is  entitled to justice.
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MAP posted-by: Elaine