This page has the basic history of Thomas Arthur's case. This case is very complex and has many files.
The murder of Troy Wicker occurred February 01, 1982. Thomas Arthur has been convicted in 3 separate trials. Most assume that if he has had three trials, he must be guilty if he was convicted three times. The attorneys appointed to represent him at all three trials had never tried a capital murder case before and were subjected to a $1,000.00 cap on fees paid to them by the State of Alabama. Recent Article Thomas Arthur even produced documents showing that his attorney's had told him they were not prepared or qualified to defend him. He also showed he was not able to communicate with them. Several jury members have since made statements that if they had been allowed to view all of the evidence, they would not have found him guilty. By the time he found a law firm to represent him pro-bono, (2001) , based in New York, they, with a private investigator found many new pieces of new evidence. However, because Arthur had no attorney during his post-conviction appeals,(Alabama is the only State in United States that does not provide a death row inmate an attorney during this post-conviction appeal process) his rule 32 was filed late. Therefore, none of the new evidence has ever been allowed to be shown to a Court of Law.
Thomas Arthur, Alabama death row inmateZ-427 has sat on death row for over 20 years. He has been denied DNA testing of crime scene evidence, and his claim of innocence, nor any of the irregularities related to the investigation of the murder, has EVER been considered by a state or federal habeas court for how they affected his constitutional right to due process, a fair trial, effective assistance of counsel. the State of Alabama states he has "exhausted all of his appeals". When in fact he has never had any of his post-conviction appeals heard by any court.
We have added an additional page for the media (click on the link to motions filed) to find all the past and current motions filed. If you have questions or request more file information, go to the contact us page and contact Sherrie Stone for any media information or call Arthur's Attorneys SuHana Han 212-558-4647 or Jordan Razza 212-558-3496 for legal issues. The following is the background information :
The following are "facts" in Thomas Arthur's Case:
DNA Evidence that includes blood, hair and semen was recovered and still exists, but it has never been tested!!! Yet the State of Alabama not only REFUSES to DNA test the crime scene evidence---but it is refusing to allow Arthur to have the evidence DNA tested at HIS EXPENSE!!!
DNA Evidence that includes an untested rape kit, bloody shirts, and hair has never been tested. The State of Alabama has denied Thomas Arthur the right to evidence that could conclusively prove Thomas Arthur's innocence and that Thomas Arthur was never at the crime scene. Because of an act called the AEDPA act, Read the ADEPA Act , this evidence is not being allowed because it is based on a 1 year time limit on filing your petition within a year. Very hard for a death row prisoner to file this if they have no attorney. Arthur had no attorney. The State of Alabama is the only State that does not guarantee a Death Row Inmate the right to an attorney during the post conviction appeals.
No physical evidence links him to the crime. His conviction was based almost exclusively on the testimony of a convicted murderer. Although DNA testing was not available when the crime was committed, hair and fingerprints found at the scene of the crime did not match Thomas Arthur. See all the Evidence Collected By The State of Alabama
Two eyewitness gave statements (exculpatory affidavits) placing Thomas Arthur 75 miles away at the time of the crime. These eyewitnesses were visited by the State of Alabama and under suspicious circumstances changed their statements. However, one of the witnesses changed his story back to the original story, then recently was visited by the State and changed his story again under very "pressured circumstances". The other witness has made statements that he is frightened of losing his business and "other" things. The first time these witnesses gave their statements, they came forward on their own, under no pressure. See Witnesses 1st StatementsSee Witnesses 2nd Statement After State Visited Them You can view additional statements made by the attorney and private investigator that were present during the first statements made by the witnesses. See Attorney And Investigator Statements
The victim's wife Judy Wicker was charged with the murder and originally stated under oath Thomas Arthur was not the murderer, but she did name two other people that assisted her with committing the murder. Judy wicker stated she had paid her sister , Theresa Rowling $6000.00 and Theresa's boyfriend Theron McKinney had received a Trans Am. Theresa had cashed a check in the amount of $6,000.00 from Judy. They were never charged with a crime, regardless of Theresa being found at the crime scene with her sister Judy and both had blood on their clothes. Neither Judy or Theresa were tested to see if they fired the gun that killed Troy Wicker. Numerous Law Enforcement Officials were on the scene with the equipment to perform such a test. See Writ of Certiorari With All Information A recent statement made by the Alabama Attorney General Troy King is "he was aware of an affair Judy Wicker was having with one of the police officers at the crime scene and the untested semen could belong to anyone". He went on to state "Judy was known for her promiscuous behavior". This could be why Judy or her sister Theresa were never tested to see if they fired the gun that killed Troy Wicker.
Judy Wicker never testified at Thomas Arthur's 1st and 2nd trials. However, she did sign statements that he had nothing to do with the murder , and made numerous written statements(7 times) that Thomas Arthur was not the murderer. She did tell investigators Mays, and Aycock she paid her sister Theresa and Theresa's boyfriend to help her with the murder. However, after serving 10 years in Tutwiler prison, she changed her testimony by force from the DA in exchange for freedom. She then stated that she had sex with Arthur and he then killed her husband . (There is a rape kit the State refuses to DNA test). After signing the statement, they did not release her. The State then told her she would have to wait and see if Thomas Arthur got a new trial and he did. The State lied to her and did not release her. They made her wait four more years. Then Judy Wicker was forced to testify at Thomas Arthur's 3rd trial to say he was the murderer. She was released from prison in exchange for her testimony. The prosecutor during Arthur's 3rd trial, when Judy Wicker changed her testimony in exchange for early parole, had represented Wicker as her defense attorney during her previous unsuccessful parole hearing. She also stated at first she was raped by an Intruder then he killed her husband. That was her statement 7 different times. The final statement, the one she gave in exchange for parole, she said Thomas Arthur had sex with her, then killed her husband. The untested rape/sex kit could be compared to the FBI data base to see if it matches someone else that could have murdered Troy Wicker. After the recent statement made by the Alabama Attorney General, Troy King, that untested kit could match the police officer at the crime scene with Judy Wicker that morning. It seems as if it would match anyone other than Thomas Arthur. If you click on the link , look at pgs 2,3,4 & 5 See Writ of Certiorari With All Information .
Alabama is the only State that does not provide death row inmates the right to an attorney during post-conviction petitions. Read Recent New York Times Article The inmates are supposed to have the right to a law library to research and file their own petitions. Thomas Arthur did not have an attorney and was given access to a "day" room with no law books. See Statement From Holman Prison Official He was told he could request the law books. By the time he found a voluntary attorney, his petition was denied for being filed late. Therefore he is denied his FIRST HABEAS CORPUS review. He has been turned down for the right to the reviews that will prove his innocence. He will be executed without receiving ANY State or Federal reviews.
The Holman Prisons Warden denied visitation by an investigator who was willing to try and ferret out the facts that would enable an lawyer interested in Arthur's case to decide to represent him.
Holman Prison lacks a law library for death row prisoners or information about how to qualify for a state or federal post-conviction lawyer.
Thomas Arthur made many unsuccessful efforts to interest a pro bono lawyer in his case, including an article in Justice Denied (Aug-Sept. 1999) Read Article
Several jury members have made statements that if they had seen all of the evidence, they would not have found him guilty.
The victim, Troy Wicker's sister has signed an affidavit that she does not believe Thomas Arthur Killed her brother. She is asking that Governor Riley stay the execution until the crime scene evidence can be DNA tested . See Wickers Sister Statement.
The State has made numerous statements that the DNA testing of the crime scene evidence would not prove Arthur's innocence. The Innocence Project based in New York, is the Nations leading experts in DNA testing, and wrongful convictions have strongly disagreed. The Governor of Alabama's legal advisors even requested Post-Conviction DNA testing information from the Innocence Project. See Letter From Innocence Project Now with a confession from a man that says he committed the murder, with the leading experts in DNA testing stating that DNA testing the evidence could prove Arthur's innocence, and prove if the confession of the man that claims to have killed the victim, is in fact the killer. The State still insists on executing Arthur without allowing DNA testing at Arthur's expense.
CLICK ON "LINKS TO MOTIONS FILED" TO THE LEFT TO SEE ALL RECENT MOTIONS FILED & ALL FACTS IN CASE