Information is based on facts from case documents.
1. Thomas Arthur has sat on Alabama's death row for over 25 years for the murder of Troy Wicker. He has always maintained his innocence.
2. He has been scheduled for execution 4 times. Hair and finger prints found at the crime scene did not match him. No physical evidence linked him to the murder. No murder weapon was ever found. Eye witnesses said he was 75 miles away when the murder was committed. Recent DNA testing in 2009 of the crime scene evidence came back negative for Thomas Arthur. See DNA Test Results Thomas Arthur's DNA Was Not Present On Crime Scene Evidence
3. The state's key witness, the victims wife, Judy Wicker (Mary Turner now) was convicted of murdering her husband for $90,000.00 of insurance money. She was given a life sentence. In her first 7 sworn statements while under oath, Judy Wicker testified Thomas Arthur had nothing to do with the murder.
4. Judy and her sister Theresa were both found at the crime scene with blood on their clothes. Neither woman were tested for GSR (Gun Shot Residue) to see if they had fired a weapon. The bloody clothes have never been DNA tested to see if Troy Wicker's blood was on them.
5. After serving 10 years in prison Judy Wicker was released from prison in exchange for a new testimony to say Thomas Arthur killed her husband. She also changed her testimony to say it was Thomas Arthur that beat her up and killed her husband. In the original interviews, Judy Wicker now stated Thomas Arthur had sex with her after killing her husband. This version changed after the interviews and police never charged Thomas Arthur with rape. Originally Judy has said a black man beat her up and raped her. Judy Wickers statements disappeared from the records along with much of the physical evidence including the rape kit.
6. Investigators ignored key evidence and did not disclose key evidence that could of proven Thomas Arthurs innocence. This conviction was based on very weak circumstantial evidence and the key witness is a convicted murderer and has committed perjury.
7. Thomas Arthur has never had his 1st habeas corpus review. 8. The execution scheduled for July 31, 2008 was stayed by the Alabama Supreme Court after the stay had already been denied by the Alabama Supreme Court. Another man, Bobby Ray Gilbert said that he committed the murder not Thomas Arthur. Read ConfessionThe July 31st, 2008 execution was stayed based on the confession of Bobby Ray Gilbert. A hearing was scheduled for April 15th, 2009 in Jefferson County Circuit Court before Judge Theresa Pulliam. After hearing testimony from Bobby Ray Gilbert and several others, Judge Pulliam ordered DNA testing on 3 pieces of physical evidence that was collected at the crime scene in 1982. The three pieces of evidence were clothing worn by the victims wife, Judy Wicker, a wig prosecutors and Judy Wicker said Thomas Arthur wore before, during and after the murder, and a single strand of hair found at the crime scene on Judy Wickers shoe. Other key pieces of physical evidence were not available for testing, including a rape kit, because the State had lost them. On July 10th, 2009, DNA test results were turned over to Judge Pulliam. See DNA Test Results 9. Judge Pulliam "sealed" the test results and prevented the defense from disclosing results.
10. August 10, 2009, Judge Pulliam ruled Bobby Ray Gilbert lied and that DNA test results proved he was not at the crime scene and could not have committed the murder. She also ruled Thomas Arthur perpetrated fraud against the court and provided Bobby Ray Gilbert with information to aid in his confession. There was no evidence to prove Thomas Arthur provided information to Bobby Ray Gilbert. However, lets assume he did provide information to Gilbert. What would this prove? It would prove Thomas Arthur was attempting to prove his innocence in the only way he could, to have the DNA tested. The courts would not allow him to test the DNA evidence simply because of his claims of innocence. The United States Supreme Court has ruled DNA testing to prove your innocence is not a constitutional right.
11. The most crucial piece of evidence, the wig worn by the killer could not be DNA tested by Alabama's Forensic Department because they lack the advanced equipment needed for the test. Arthur requested that the wig be tested by a more advanced lab at the defense's expense. Pulliam denied the request.
12. April 15th, 2011, the State of Alabama files a motion to set a new execution date. 13. June 22nd, 2011 The Supreme Court of Alabama denied the State of Alabama's Motion to set a new execution date. (click on "links to motions filed" tab on left of home page to see copy of order)
14. February 22nd, 2012, A new execution date was set for March 29, 2012.
15. The March 29th execution was stayed based on lethal injection issues.
****Bobby Ray Gilbert's DNA was not present at the crime scene. Neither was Thomas Arthur's. ****That is a fact that cannot be ignored.***
It makes one wonder, if DNA test results prove one man was not at the crime scene and is lying about committing this murder, then how is it possible those same DNA test results cannot confirm Thomas Arthur was not at the crime scene? How can the same DNA test results say one man was not there and then say the other man was there? DNA test results were the same for both men... negative.
Additional DNA Evidence that includes blood, hair and semen was recovered and still exists, but it has never been DNA 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!!! See all the Evidence Collected By The State of Alabama
Note: The same day as the confession and the stay of execution the state of Alabama's attorney general, Troy King and Clay Crenshaw claimed a rape kit and other physical evidence collected at the crime scene in 1982 is missing. After all these years of Thomas Arthurs defense team trying to obtain it, it is now missing. Troy King also stated to the media the DNA would not have matched Thomas Arthur anyway. King said Arthur had planted all the DNA evidence. This stunned legal professionals especially since DNA testing was not around in 1982 when the murder was committed. The Innocence Project based in New York is involved in Thomas Arthurs case. They are assisting Thomas Arthurs attorneys and have written numerous letters and filed several motions on Arthurs behalf. Click on the Innocence Project link for more information.
There are many prominent organizations that have requested additional DNA testing in Arthur's case. The Innocence Project in New York, Amnesty International, The Saint 'Egidio Community, The Justice Institute, for the wrongfully convicted, DER/SPIEGEL, former Governor Jim Petro, Alabama Senator Hank Sanders, Equal Justice Initiative of Alabama, Sister Helen Prejean. There are many other organizations involved in demanding additional DNA testing in Arthur's case. Project Hope to Abolish the death penalty, National Coalition to Abolish the death penalty, Florida support groups, The Patrick Crusade, are among the many organizations that have been involved. There are many individuals who are helping on a personal level. There are to many to name them all. Literally tens of thousands of United States Citizens, and people around the World have written or called on Arthur's behalf.
