Friday, August 14, 2009

Judge sentences Alabama mother to death for murder of 6-year-old son with autism

From WHNT-TV:

RUSSELLVILLE, Ala. - A Franklin County judge has sentenced Christie Scott (pictured) to death by lethal injection. Judge Terry Dempsey issued the sentence shortly after 9 a.m. August 5.

In July, a jury found Scott guilty of three counts of capital murder for setting a fire in her home that killed her six-year-old son, Mason. Seven of the jurors in the case recommended a sentence of life in prison without parole.

However, Judge Terry Dempsey said in his ruling the child's death was more heinous, atrocious and cruel than many other capital cases and ordered Scott to die.

"The Court is a great believer in the jury system and following the jury when at all possible," Judge Dempsey wrote in his sentencing order. "Killing your own child for money by burning him alive is too much to overcome."

Judge Dempsey also wrote in his sentencing order, "To intentionally murder your child by burning him is shockingly evil."

During the trial, the state presented evidence that Mason, who was autistic, had a total of $175,000 worth of life insurance when he died. Christie Scott took out a $100,000 policy the day before her son died. Someone had also removed expensive jewelry and pictures from the home. Investigators also found an undamaged smoke detector in the ashes. It was believed to have been taken down before the fire.

Defense attorney Robert Tuten argued the fire was accidental and there was no proof Scott set the fire. Franklin County District Attorney Joey Rushing contended Scott set the fire to collect her son's life insurance money and to relieve herself of the burden of caring for an autistic child. Rushing pushed for the death penalty.

"To me, the fact that she chose that manner of death for a child that was scared of fire puts her in a category that not only is possible for death, it definitely deserves the death penalty," says Rushing.

During Wednesday's sentencing, Christie Scott took the stand and asked the judge to spare her life. Scott told the judge, "I am asking you to spare my life because I am innocent. I believe in time that I will be proven innocent."

Scott's father and husband also asked the judge to let her live for their sake and the sake of her other son, Noah, who survived the August 2008 fire at the family's home.

However, that wasn't enough to sway the judge's decision.

"Justice must be served," the judge said. "The only way justice can be served in this case is by a sentence of death."

When she addressed the judge, Scott also accused jurors of not paying attention during the trial and making mean faces at her during her testimony. Scott, her family, and defense attorney Robert Tuten all feel scott did not receive a fair trial.

"There is significant error in this case and this conviction and sentence will not stand," says Tuten.

Almost immediately after the judge's ruling, Tuten filed a motion for a new trial. Prosecutors, however, are very confident the conviction will be upheld during the appeal process.

"I think the judge's emphatic statement in the sentencing that not only was he was sure, he had no residual doubt about the defendant's guilt should put a lot of people's fears to rest that she was wrongly convicted," explains Rushing.

In their verdict, jurors found Scott guilty of three counts of capital murder:
-- Capital murder for pecuniary/monetary gain
-- Capital murder committed during first-degree arson
-- Capital murder of a person younger than 14 years of age

Judge Dempsey ordered Christie Scott to be turned over to the Alabama Department of Corrections. At this time, it's not known how long she will remain in the Franklin County Jail.

The Scott murder trial was the longest in Franklin County's history. With this sentence, Scott joins four other women on Alabama's death row.