Alan Gell
Encyclopedia
James Alan Gell, from North Carolina
, United States
, was sentenced to death
for the crime of first degree murder. He was freed from death row when it was determined that the prosecution had withheld significant exculpatory evidence
and impeachment evidence.
. He had been shot twice in the chest by a shotgun. In the days and weeks after the murder, the police talked to several disinterested witnesses who said they had seen Jenkins alive as late as April 10.
Jenkins' brother, Sidney Jenkins, as well as his neighbor, Mary Hunt, recalled seeing him on April 8, 1995. Edward and Margaret Adams reported seeing Jenkins on April 9, 1995 while out for a walk. Jenkins was seen in Ahoskie on April 10 by a former coworker, a restaurant waitress, and a man who said he sold a dozen herring to Jenkins on that date. Despite this testimony, police officials settled on a theory that Jenkins was killed on April 3, 1995; it was the last date on which it could possibly have been Alan Gell who killed Jenkins, since Gell was out of state or jailed for car theft on all other days between April 3 and April 14.
In the first case, the state of North Carolina
had two witnesses: Gell's girlfriend at the time, Shanna Hall, and Crystal Morris, who were both fifteen. Both testified that they saw Gell shooting Jenkins with a shotgun on April 3. The girls testified that Hall had called Gell, requesting that Gell come to Jenkins' house to help Hall and Morris rob Jenkins. When the police came to question them, Hall and Morris showed officers where Gell had allegedly hid the guns. During the trial both girls were offered a plea bargain
. Pleading guilty to second degree murder, they would both receive 10 years in prison.
Gell was indicted August 7, 1995 on charges of first degree murder, conspiracy
to commit murder
, armed robbery and conspiracy
to commit
armed robbery. He was sentenced to death by Bertie County, Superior Court
for the crime of first degree murder later that same year.
It turns out that from Sidney Jenkins' account, Allen had a weakness for “underage girls”. Jenkins had been convicted of statutory rape
of a fourteen-year-old girl in 1990 in Ahoskle, North Carolina
. He was imprisoned for six months after pleading guilty to two counts of indecent liberties with a minor.
When police searched Jenkins' house, they saw that there had been a baking pan of fish and an open container of wine coolers, indicating he had received guests earlier. Hall and Morris testified during the first trial that Jenkins had invited them over for wine coolers.
On February 18, 2004, jurors deliberated just 2½ hours before returning the verdict in Bertie County Superior Court and acquitting Gell of the 1995 murder of Allen Ray Jenkins, making Gell the 113th (as of November 29, 2010) person to be freed from death row in the United States. As jurors left the courtroom, Gell, then 28 years old, hugged his lawyers. Gell was represented by James P. Cooney, III, Joseph Cheshire V, Mary Pollard, and Brad Bannon.
In April 2006, Gell was charged with the statutory rape of a former girlfriend (who was fifteen years old) and possession of cocaine.
He pleaded guilty and was sentenced to five years in prison.
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, was sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
for the crime of first degree murder. He was freed from death row when it was determined that the prosecution had withheld significant exculpatory evidence
Exculpatory evidence
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt....
and impeachment evidence.
The murder
Allen Ray Jenkins, age 56, was found on April 14, 1995 in his home in Aulander, North CarolinaAulander, North Carolina
Aulander is a town in Bertie County, North Carolina, United States. The population was 888 at the 2000 census.-Geography:According to the United States Census Bureau, the town has a total area of , all of it land.-Demographics:...
. He had been shot twice in the chest by a shotgun. In the days and weeks after the murder, the police talked to several disinterested witnesses who said they had seen Jenkins alive as late as April 10.
Jenkins' brother, Sidney Jenkins, as well as his neighbor, Mary Hunt, recalled seeing him on April 8, 1995. Edward and Margaret Adams reported seeing Jenkins on April 9, 1995 while out for a walk. Jenkins was seen in Ahoskie on April 10 by a former coworker, a restaurant waitress, and a man who said he sold a dozen herring to Jenkins on that date. Despite this testimony, police officials settled on a theory that Jenkins was killed on April 3, 1995; it was the last date on which it could possibly have been Alan Gell who killed Jenkins, since Gell was out of state or jailed for car theft on all other days between April 3 and April 14.
In the first case, the state of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
had two witnesses: Gell's girlfriend at the time, Shanna Hall, and Crystal Morris, who were both fifteen. Both testified that they saw Gell shooting Jenkins with a shotgun on April 3. The girls testified that Hall had called Gell, requesting that Gell come to Jenkins' house to help Hall and Morris rob Jenkins. When the police came to question them, Hall and Morris showed officers where Gell had allegedly hid the guns. During the trial both girls were offered a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
. Pleading guilty to second degree murder, they would both receive 10 years in prison.
Gell was indicted August 7, 1995 on charges of first degree murder, conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, armed robbery and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit
Commit
Commit as a noun can refer to:* A set of permanent changes in a database or software repository.* A parliamentary motion*Nicotine, by the trade name Commit...
armed robbery. He was sentenced to death by Bertie County, Superior Court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
for the crime of first degree murder later that same year.
Appeal
While on death row, Gell was given an appeal after his attorney argued that prosecutors withheld key evidence. He alleged that the police withheld eyewitness information from the forensic pathologist, Dr. M. G. F. Gilliland. Gilliland says she would have predicted that Jenkins had died closer to April 14 than April 3, as was stated in the trial, if she had been told about the numerous sightings — over seventeen — of Allen on 8 and 9 April. The court was also presented with the fact that during the time the crime was committed Gell had been out of state or arrested for stealing a car and was serving a sentence in jail.It turns out that from Sidney Jenkins' account, Allen had a weakness for “underage girls”. Jenkins had been convicted of statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
of a fourteen-year-old girl in 1990 in Ahoskle, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
. He was imprisoned for six months after pleading guilty to two counts of indecent liberties with a minor.
When police searched Jenkins' house, they saw that there had been a baking pan of fish and an open container of wine coolers, indicating he had received guests earlier. Hall and Morris testified during the first trial that Jenkins had invited them over for wine coolers.
On February 18, 2004, jurors deliberated just 2½ hours before returning the verdict in Bertie County Superior Court and acquitting Gell of the 1995 murder of Allen Ray Jenkins, making Gell the 113th (as of November 29, 2010) person to be freed from death row in the United States. As jurors left the courtroom, Gell, then 28 years old, hugged his lawyers. Gell was represented by James P. Cooney, III, Joseph Cheshire V, Mary Pollard, and Brad Bannon.
Aftermath
Gell would later go on to receive a college education and become an anti-death-penalty activist, among other things appearing on an episode of Penn & Teller: Bullshit! about the death penalty to discuss his wrongful conviction.In April 2006, Gell was charged with the statutory rape of a former girlfriend (who was fifteen years old) and possession of cocaine.
He pleaded guilty and was sentenced to five years in prison.