Eric Nance
Encyclopedia
Eric Randall Nance was an American man who was convicted of murder
in the state of Arkansas
. While on death row
, the former heating and air conditioning
technician obtained his high school equivalency certificate and penned multiple poems
, one of which was set to music
and recorded by the Celtic Tenors
. Nance was executed
in 2005, twelve years following the crime.
and Hot Springs, Arkansas
to visit her boyfriend in Hot Springs. Nance stated that he stopped to help Heath after her car broke down and offered her a ride to Malvern. The prosecution said that Nance then rape
d and murdered her. He was later seen in a convenience store wearing no shoes, socks, or shirt. According to the clerk, there were what appeared to be fresh dark, damp stains on his overalls.
Heath's body was found on October 18, 1993 by a hunter. Her throat had been cut. Photographs of the scene show that she was fully clothed, but her belt buckle was partially undone, her pants zipper was not fully up, and the left shoulder of her shirt was torn. The shirt was also on inside out. The medical examiner
also reported that her socks and panties were on inside out and her bra was pulled up around the neck and shoulder area. A pubic hair
located in Nance's pickup was said by an expert to be microscopically identical to that of Heath.
Nance said he accidentally killed Heath. According to defense testimony
, she had become hysterical after seeing a utility knife
and began to kick at him. Putting up his hand to stop her, he accidentally lodged the knife in her throat. This version of events was told at the trial by his brother and sister, to whom Nance had told his version of events.
, with attempted rape as the underlying felony
. During the sentencing phase of the trial, it was revealed that five months before the murder, Nance had been released from a twenty-year sentence for beating two Oklahoma
girls in 1982. The jury found that there were no mitigating circumstances in the case, and recommended that the judge sentence Nance to death, which he did on March 31, 1994.
His lawyers argued that it would be unconstitutional (Atkins v. Virginia
) to execute Nance, as he was mentally retarded
. A psychologist
said that Nance had an IQ
below 70, whereas a psychiatrist
testified that he found Nance to have an IQ of 105. The defense also argued that DNA
tests could show that the pubic hair did not come from Heath.
On November 17, 2005, the Arkansas Parole Board recommended, with a vote of 6-1, that Governor Mike Huckabee
deny clemency for Nance. The dissenting vote was from one member who wanted to stay the execution to give more time to determine if Nance was mentally retarded.
The execution was briefly stayed on November 17 by United States federal judge
James Moody of the Eastern District of Arkansas. The stay was vacated by the 8th Circuit Court of Appeals
on November 19.
to give him more time to review the case. Thomas is the justice responsible for handling emergency cases from Arkansas. The stay was vacated shortly afterwards and all appeal
s denied.
Nance ordered a final meal
of two bacon cheeseburger
s, french fries
, two pints of chocolate chip cookie
dough
ice cream
, and two Coca-Cola
s. Nance made no last statement. Given a lethal injection
, he was pronounced dead at 9:24 p.m. CST. It was the first execution by the state of Arkansas since Charles Laverne Singleton
on January 6, 2004.
Witnesses described the execution as surreal. Although Nance offered no last words, his spiritual advisor yelled, "May God have mercy on our souls!", which startled some witnesses.
tenor
who is critical
of the death penalty
. Through their friendship, Nelson realized "that Eric's only means of escape from [his] hell's purgatory was through his letters, his memories and his dreams." With fellow Celtic Tenors
Niall Morris
and Matthew Gilsenan, Nelson set a poem
of Nance's to music and entitled it, "Eric's Song". After Nance's execution, the Celtic Tenors released the song on their album, Remember Me.
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...
in the state of Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
. While on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
, the former heating and air conditioning
HVAC
HVAC refers to technology of indoor or automotive environmental comfort. HVAC system design is a major subdiscipline of mechanical engineering, based on the principles of thermodynamics, fluid mechanics, and heat transfer...
technician obtained his high school equivalency certificate and penned multiple poems
Poetry
Poetry is a form of literary art in which language is used for its aesthetic and evocative qualities in addition to, or in lieu of, its apparent meaning...
, one of which was set to music
Musical composition
Musical composition can refer to an original piece of music, the structure of a musical piece, or the process of creating a new piece of music. People who practice composition are called composers.- Musical compositions :...
and recorded by the Celtic Tenors
Celtic Tenors
The Celtic Tenors began life as the Three Irish Tenors on RTE's Theatre Nights on October 1995. The group at that time consisted of James Nelson, Niall Morris and Paul Hennessey....
. Nance was executed
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...
in 2005, twelve years following the crime.
The murder
On October 11, 1993, 18-year-old Julie Heath was driving on U.S. Highway 270 between MalvernMalvern, Arkansas
Malvern is the county seat of Hot Spring County, Arkansas. The city had a population of 10,318 at the time of the 2010 census and is also called the "Brick Capital of the World" because of the three Acme Brick plants in the area...
and Hot Springs, Arkansas
Hot Springs, Arkansas
Hot Springs is the 10th most populous city in the U.S. state of Arkansas, the county seat of Garland County, and the principal city of the Hot Springs Metropolitan Statistical Area encompassing all of Garland County...
to visit her boyfriend in Hot Springs. Nance stated that he stopped to help Heath after her car broke down and offered her a ride to Malvern. The prosecution said that Nance then rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
d and murdered her. He was later seen in a convenience store wearing no shoes, socks, or shirt. According to the clerk, there were what appeared to be fresh dark, damp stains on his overalls.
Heath's body was found on October 18, 1993 by a hunter. Her throat had been cut. Photographs of the scene show that she was fully clothed, but her belt buckle was partially undone, her pants zipper was not fully up, and the left shoulder of her shirt was torn. The shirt was also on inside out. The medical examiner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
also reported that her socks and panties were on inside out and her bra was pulled up around the neck and shoulder area. A pubic hair
Pubic hair
Pubic hair is hair in the frontal genital area, the crotch, and sometimes at the top of the inside of the legs; these areas form the pubic region....
located in Nance's pickup was said by an expert to be microscopically identical to that of Heath.
Nance said he accidentally killed Heath. According to defense testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
, she had become hysterical after seeing a utility knife
Utility knife
A utility knife is a knife used for general or utility purposes. The utility knife was originally a fixed blade knife with a cutting edge suitable for general work such as cutting hides and cordage, scraping hides, butchering animals, cleaning fish, and other tasks.Today, the term "utility knife"...
and began to kick at him. Putting up his hand to stop her, he accidentally lodged the knife in her throat. This version of events was told at the trial by his brother and sister, to whom Nance had told his version of events.
Trial and appeals
Nance was found guilty of capital felony murderFelony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
, with attempted rape as the underlying felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. During the sentencing phase of the trial, it was revealed that five months before the murder, Nance had been released from a twenty-year sentence for beating two Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
girls in 1982. The jury found that there were no mitigating circumstances in the case, and recommended that the judge sentence Nance to death, which he did on March 31, 1994.
His lawyers argued that it would be unconstitutional (Atkins v. Virginia
Atkins v. Virginia
Atkins v. Virginia, , is a case in which the Supreme Court of the United States ruled 6-3 that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments.-The case:...
) to execute Nance, as he was mentally retarded
Mental retardation
Mental retardation is a generalized disorder appearing before adulthood, characterized by significantly impaired cognitive functioning and deficits in two or more adaptive behaviors...
. A psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
said that Nance had an IQ
Intelligence quotient
An intelligence quotient, or IQ, is a score derived from one of several different standardized tests designed to assess intelligence. When modern IQ tests are constructed, the mean score within an age group is set to 100 and the standard deviation to 15...
below 70, whereas a psychiatrist
Psychiatrist
A psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...
testified that he found Nance to have an IQ of 105. The defense also argued that DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
tests could show that the pubic hair did not come from Heath.
On November 17, 2005, the Arkansas Parole Board recommended, with a vote of 6-1, that Governor Mike Huckabee
Mike Huckabee
Michael "Mike" Dale Huckabee is an American politician who served as the 44th Governor of Arkansas from 1996 to 2007. He was a candidate in the 2008 United States Republican presidential primaries, finishing second in delegate count and third in both popular vote and number of states won . He won...
deny clemency for Nance. The dissenting vote was from one member who wanted to stay the execution to give more time to determine if Nance was mentally retarded.
The execution was briefly stayed on November 17 by United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
James Moody of the Eastern District of Arkansas. The stay was vacated by the 8th Circuit Court of Appeals
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
on November 19.
Execution
Originally the execution was scheduled for 8 p.m. on November 28. There was a temporary stay order by Justice Clarence ThomasClarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
to give him more time to review the case. Thomas is the justice responsible for handling emergency cases from Arkansas. The stay was vacated shortly afterwards and all appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s denied.
Nance ordered a final meal
Last meal
The last meal is a customary part of a condemned prisoner's last day. Often, the day of, or before, the appointed time of execution, the prisoner receives a last meal, as well as religious rites, if they desire. In the United States, inmates generally may not ask for an alcoholic drink...
of two bacon cheeseburger
Cheeseburger
A cheeseburger is a hamburger with cheese that has been added to it. Traditionally, the cheese is placed on top of the patty, but the burger can include many variations in structure, ingredients, and composition...
s, french fries
French fries
French fries , chips, fries, or French-fried potatoes are strips of deep-fried potato. North Americans tend to refer to any pieces of deep-fried potatoes as fries or French fries, while in the United Kingdom, Australia, Ireland and New Zealand, long, thinly cut slices of deep-fried potatoes are...
, two pints of chocolate chip cookie
Chocolate chip cookie
A chocolate chip cookie is a drop cookie that originated in the United States and features chocolate chips as its distinguishing ingredient. The traditional recipe combines a dough composed of butter and both brown and white sugar with semi-sweet chocolate chips...
dough
Cookie dough
Cookie dough refers to a blend of cookie ingredients which has been mixed into a malleable form which has not yet been hardened by heat. The dough is often then separated and the portions baked to individual cookies, or eaten as is....
ice cream
Ice cream
Ice cream is a frozen dessert usually made from dairy products, such as milk and cream, and often combined with fruits or other ingredients and flavours. Most varieties contain sugar, although some are made with other sweeteners...
, and two Coca-Cola
Coca-Cola
Coca-Cola is a carbonated soft drink sold in stores, restaurants, and vending machines in more than 200 countries. It is produced by The Coca-Cola Company of Atlanta, Georgia, and is often referred to simply as Coke...
s. Nance made no last statement. Given a lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
, he was pronounced dead at 9:24 p.m. CST. It was the first execution by the state of Arkansas since Charles Laverne Singleton
Charles Laverne Singleton
Charles Laverne Singleton was a convicted murderer who lived on death row in Arkansas longer than any other state inmate. He was executed by the State in 2004 for the June 1, 1979 murder of Hamburg store owner Mary Lou York.-The murder:Mary Lou York, was attacked in York’s Grocery Store, of which...
on January 6, 2004.
Witnesses described the execution as surreal. Although Nance offered no last words, his spiritual advisor yelled, "May God have mercy on our souls!", which startled some witnesses.
Writings and song
In 1995, Nance began a decade-long correspondence with James Nelson, an IrishIreland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
tenor
Tenor
The tenor is a type of male singing voice and is the highest male voice within the modal register. The typical tenor voice lies between C3, the C one octave below middle C, to the A above middle C in choral music, and up to high C in solo work. The low extreme for tenors is roughly B2...
who is critical
Capital punishment debate
The use of capital punishment, frequently known as the death penalty, is highly controversial.-Retribution:Supporters of the death penalty argued that death penalty is morally justified when applied in murder especially with aggravating elements such as multiple homicide, child murder, torture...
of the death penalty
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...
. Through their friendship, Nelson realized "that Eric's only means of escape from [his] hell's purgatory was through his letters, his memories and his dreams." With fellow Celtic Tenors
Celtic Tenors
The Celtic Tenors began life as the Three Irish Tenors on RTE's Theatre Nights on October 1995. The group at that time consisted of James Nelson, Niall Morris and Paul Hennessey....
Niall Morris
Niall Morris
Niall Morris, born in Dublin, is a well-known Irish classical singer. He studied music at Trinity College and the Guildhall School of Music and Drama. He completed his studies at the National Opera Studio in London....
and Matthew Gilsenan, Nelson set a poem
Poetry
Poetry is a form of literary art in which language is used for its aesthetic and evocative qualities in addition to, or in lieu of, its apparent meaning...
of Nance's to music and entitled it, "Eric's Song". After Nance's execution, the Celtic Tenors released the song on their album, Remember Me.
External links
- Eric Randall Nance. The Clark County Prosecuting Attorney. Retrieved on 2007-11-10.
- November 2005 Executions. Pro-Death Penalty.com. Retrieved on 2007-11-10.
- Do Not Execute Eric Randall Nance!. NCADP – The National Coalition to Abolish the Death PenaltyNational Coalition to Abolish the Death PenaltyThe National Coalition to Abolish the Death Penalty is a large organization dedicated to the abolition of the death penalty in the United States...
. Retrieved on 2007-11-10. - Arkansas Man Executed. CBS News (2005-11-29). Retrieved on 2007-11-10.
- Nance v. Norris. United States Court of Appeals for the Eighth Circuit (2005-11-22). Retrieved on 2007-11-10.