Henry County Jury Deadlocked - Mistrial in Capital Murder Trial

Rickey Stokes

Viewed: 6594

Posted by: RStokes
[email protected]
334-790-1729
Date: Apr 16 2019 7:50 PM

HENRY COUNTY:      On Monday April 8, 2019 20th Judicial Circuit Court Judge Larry K. Anderson began a week of Criminal Jury Trials in Henry County.

The week before Judge Anderson held a Criminal Jury Trial week in Houston County. 

Both weeks the cases presented before Judge Anderson were Capital Murder Trials.

In Henry County the case was State of Alabama verses Herman Cunningham, Jr. and the criminal offense charged with was Capital Murder - robbery.

Cunningham was arrested for the 2015 theft of a 1998 Mercury Grand Marquis, and in the process of the theft of the vehicle Cunningham was alleged to have used force against Apolinar Perez, an edged weapon, and caused the death of Mr. Perez.

The first indictment against Cunningham on September 9, 2015 was remanded back to a Henry County Grand Jury. Remanded meant someone caught an error in the indictment prior to the jury being seated in the jury box and the trial started.

A second Henry County Grand Jury indicted Cunningham for Capital Murder on October 17, 2018.

Judge Anderson was sick all week with pneumonia. On April 8 Judge Anderson swore the jury in and handled some matters. Around noon he recessed until Tuesday. On Tuesday Judge Anderson started the long process of striking the jury for the trial.

On Capital Murder cases it takes longer to strike a jury then normal cases. Capital Murder cases carry the penalty of death or life without the possibility of parole.

The actual opening statements started on Wednesday and the trial was kicked off. The trial did not finish Friday and Judge Anderson has the trial resume on Monday.

The case finally reached the jury in order to deliberate and return a verdict.

About 8 to 9 hours of deliberation on the following offenses:   Capital Murder, if not then Murder, if not then Manslaughter, if not then Criminal Negligent Homicide, if not then theft of property, if not then Not Guilty.

After deliberation the jury was deadlocked and unable to reach a unanimous verdict. Judge Anderson declared a mistrial about 4:30 PM this afternoon.

Ears in the bowels of the courthouse indicated the jury was deadlocked 11 to 1 for Theft and not any of the Capital Murder charges, Murder Charges, Manslaughter Charges or Criminal Negligent Homicide charges.

Cunningham will remain in the Henry County Jail until which time his case comes up for trial again.

The State of Alabama will get a second shot at trying this case.

The Prosecution was 20th Judicial Circuit District Attorney Pat Jones, 20th Judicial Circuit Assistant District Attorney Sam Clenny.

The defense who represented Cunningham was defense attorney Eric Davis and Arthur Medley.

NOTE:     This was a crime of violence and Alabama Attorney General Steve Marshall would not have been interested in sending someone to help prosecute the case. AG Marshall is afraid of violent cases with no apparent interest to get it under control. His priority is resources being on Electronic Bingo.

<- back