Third Circuit Solicitor Ernest "Chip" Finney III announced Wednesday that he will not appeal a judge's order vacating the murder conviction of a 14-year-old boy executed in 1944.
Circuit Court Judge Carmen T. Mullen handed down an order Dec. 17 overturning the conviction of George Julius Stinney Jr. for the bludgeoning deaths of Mary Emma Thames, 7, and Betty June Binnicker, 11.
"All South Carolinians can and should learn from this case," Finney said. "No person should be charged and convicted without the full protection of due process of law. Likewise, no part of a community should rush to judgment of an accused, sacrificing the protections of our system of justice which is the best ever designed by the minds of men."
Finney concluded that an appeal of the judge's decision would be legally moot, as the relief was based on a legal remedy of coram nobis, which is reserved for special cases in which the court finds no other remedy available to the applicant.
In announcing his decision not to appeal, Finney said Mullen's decision was "well-reasoned and explains with great detail the legal issues presented in the defense motion for vacating the conviction."
"The judge found that there was most likely a failure to provide Stinney with appropriate constitutional safeguards at his trial," Finney said. "In particular, the circumstances surrounding the voluntariness of statements allegedly made by Stinney to police investigators, as well as the right of the defendant to have the effective assistance of counsel."
Mullen concluded that, based on a totality of the circumstances review of the case, she could not hold that Stinney was provided all of his constitutional rights. She made no finding on his guilt or innocence, however.
"I hope that the family of the victims and of Mr. Stinney, as well as the concerned citizens of Clarendon County, will use this case as a step towards building better communication between all citizens so that issues involving crime, poverty and unsafe communities can be solved," Finney said. "The judge gave all of us a great Christmas gift. We know the system works, even though it can be slow at times. Because of the Stinney case, the law in South Carolina forbids the execution of juveniles and every capital case is reviewed by a higher court to guarantee that no errors of law were made at trial. Progress has been made, but there is more work to do. May be all continue to work for a better place to live, work and learn."
