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South Carolina Supreme Court refuses to stop upcoming execution of Freddie Owens, the state’s first in 13 years
The South Carolina Supreme Court on Thursday refused to stop the execution of Freddie Owens who is set to die by lethal injection next week in the state’s first execution in 13 years.
The justices unanimously tossed out two requests from defense lawyers who said a court needed to hear new information about what they called a secret deal that kept a co-defendant off death row or from serving life in prison and about a juror who correctly surmised Owens was wearing a stun belt at his 1999 trial.
That evidence, plus an argument that Owens’ death sentence was too harsh because a jury never conclusively determined he pulled the trigger on the shot that killed a convenience store clerk, didn’t reach the “exceptional circumstances” needed to allow Owens another appeal, the justices wrote in their order.
The bar is usually high to grant new trials after death row inmates use up all their appeals. Owens’ lawyers said past attorneys scrutinized his case carefully, but this only came up in interviews as the potential of his death neared.
The decision keeps on track the planned execution of Owens on Sept. 20 at the Broad River Correctional Institution in Columbia.
/ AP
South Carolina’s last execution was in May 2011. The state didn’t set out to pause executions, but its supply of lethal injection drugs expired and companies refused to sell the state more if the transaction was made public.
It took a decade of wrangling in the Legislature – first adding the firing squad as a method and later passing a shield law – to get capital punishment restarted. That legislation also revived the state’s use of the electric chair.
Earlier this year, attorneys representing a group of South Carolina’s death row inmates argued before the South Carolina Supreme Court that both electrocution and the firing squad as execution methods should constitute cruel and unusual punishment.
In January, Alabama executed condemned inmate Kenneth Eugene Smith using nitrogen hypoxia, a controversial death penalty method used for the first time in the United States. Before the execution, the U.N. warned the method could “amount to torture” and violate human rights treaties.
Owens sentenced to death for woman’s 1997 murder
Owens, 46, was sentenced to death for killing convenience store clerk Irene Graves in Greenville in 1997. Co-defendant Steven Golden testified Owens shot Graves in the head because she couldn’t get the safe open.
There was surveillance video in the store, but it didn’t show the shooting clearly. Prosecutors never found the weapon used and didn’t present any scientific evidence linking Owens to the killing at his trial, although after Owens’ death sentence was overturned, prosecutors showed the man who killed the clerk was wearing a ski mask while the other man inside for the robbery had a stocking mask. They also linked the ski mask to Owens.
Golden was sentenced to 28 years in prison after pleading guilty to a lesser charge of voluntary manslaughter, according to court records.
Golden testified at Owens’ trial that there was no deal to reduce his sentence. In a sworn statement signed Aug. 22, Golden said he cut a side deal with prosecutors, and Owens’ attorneys said that might have changed the minds of jurors who believed his testimony.
The state Supreme Court said in its order that wasn’t compelling enough to stop Owens’ execution, and while they believed the evidence that Owens was the clerk’s killer, even if he didn’t kill her it, wasn’t enough to stop his death.
“He was a major participant in the murder and armed robbery who showed a reckless disregard for human life by knowingly engaging in a criminal activity that carries a grave risk of death,” the justices wrote.
Owens has at least one more chance at stopping his death. Gov. Henry McMaster alone has the power to reduce Owens’ sentence to life in prison.
The governor has said he will follow longtime tradition and not announce his decision until prison officials make a call from the death chamber minutes before the execution. McMaster told reporters he hasn’t decided what to do in Owens’ case but as a former prosecutor, he respects jury verdicts and court decisions.
“When the rule of law has been followed, there really is only one answer,” McMaster said.
Earlier Thursday, opponents of the death penalty gathered outside McMaster’s office to urge him to become the first South Carolina governor since the death penalty was restarted in the U.S. in 1976 to grant clemency.
“There is always hope,” said the Rev. Hillary Taylor, Executive Director of South Carolinians for Alternatives to the Death Penalty. “Nobody is beyond redemption. You are more than the worst thing you have done.”
Taylor and others pointed out Owens is Black in a state where a disproportionate number of executed inmates have been Black and was 19 years old when he killed the clerk.
“No one should take a life. Not even the state of South Carolina. Only God can do that,” said the Rev. David Kennedy of the Laurens County chapter of the NAACP.
According to the Death Penalty Information Center, there are 35 inmates on death row in South Carolina, and no clemencies have been granted in the state.
Police arrested a man on murder charges this month, 14 years after he allegedly killed a man in Virginia, but the victim’s body has never been found.
Shane Ryan Donahue, a Virginia man, is presumed deceased, the Prince William County Police Department said Tuesday. He was last seen leaving his parents’ home in Nokesville, Virginia, on March 22, 2010. Donahue, 23, was headed to his house in Nokesville, but never made it there.
Donahue was added to the National Missing and Unidentified Persons System after he vanished. According to records, Donahue did not have a car and regularly got rides from friends. He frequented Washington, D.C., Baltimore, Fauquier County, Virginia, and Northern Virginia.
The case stumped investigators, who followed a number of leads over the years. This spring, detectives reactivated the investigation and started looking at every detail of the case from scratch, officials said. They revisited people who had been interviewed during the initial investigation and reviewed “digital evidence in greater detail due to advances in analytical technology and modern police investigative practices,” according to a news release.
Officers said Donahue was last seen leaving his parents’ home with Timothy Sean Hickerson, now a 43-year-old Florida resident. Investigators connected Hickerson to a burglary at Donahue’s home that happened just days before the Virginia man disappeared.
Detectives got an arrest warrant this month and, with the help of Florida’s Flagler County Sheriff’s Office, Hickerson was taken into custody in Palm Coast, Florida. Hickerson was charged with murder and burglary, is now set to be extradited to Virginia.
Former President Donald Trump, an avowed proponent of tax cuts, is floating the idea of reversing a measure passed during his tenure in the White House that effectively raised taxes for many U.S. homeowners.
In a post Tuesday on Truth Social, Trump suggested he would scrap a $10,000 cap on deducting state and local taxes (SALT) that was passed as part of the 2017 Tax Cuts and Jobs Act — a massive revamp that he has said boosted economic growth.
Now, in the run-up to the November election, Trump said in the post he would “get SALT back, lower your taxes, and so much more,” although he stopped short of offering details. Trump made the post ahead of a speech he’s giving Wednesday at the Nassau Coliseum on Long Island.
Trump’s new proposal for getting rid of his $10,000 SALT deduction cap comes as the presidential hopeful is pitching several additional tax cuts that would, if enacted, reduce taxes for major groups of voters. He’s also vowed to eliminate taxes on Social Security benefits, a pledge that could get support from the nation’s senior citizens, as well as to end income taxes on tipped workers and on overtime pay, ideas that would help lower- and middle-income Americans.
Yet Trump’s reversal on the SALT deduction has sparked skepticism from lawmakers as well as economists and policy experts.
“So … now Trump is against the SALT tax cap which *checks notes* is a key part of the — only — major piece of legislation passed during his administration?” noted Chris Koski, a political science professor at Reed College in Portland, Oregon, on X.
Rep. Tom Suozzi, a Democrat from Nassau, Queens, said in a statement on Wednesday that he is “happy that the former president is saying that he has finally reversed his devastating decision in 2017 to cap the State and Local Tax (SALT) deduction.” He also urged Trump to convince Republican lawmakers to vote to restore the full deduction “if he is truly serious.”
The SALT deduction cap “has been a body blow to my constituents for the past 7 years,” Suozzi added.
Senator Chuck Schumer, a Democrat from New York, wrote on X,”Donald Trump took away your SALT dedications and hurt so many Long Island families. Now, he’s coming to Long Island to pretend he supports SALT. It won’t work.”
Asked for details about Trump’s proposal to restore the SALT writeoff, a spokeswoman for the Trump campaign told CBS MoneyWatch: “While his pro-growth, pro-energy policies will make life affordable again, President Trump is also going to quickly move tax relief for working people and seniors.”
Here’s what to know about the SALT deduction.
What is the SALT deduction?
The state and local tax deduction allows taxpayers who itemize to deduct property taxes, sales taxes and state or local income taxes from their federal income taxes. Prior to the Tax Cuts and Jobs Act, there was no limit on how much people could deduct through the SALT deduction.
But the 2017 tax overhaul passed under Trump limited the deduction to $10,000 – a blow to many homeowners in states with high property taxes, many of which are Democratic leaning. At the time of the law’s passage, the Treasury Department estimated that almost 11 million taxpayers in high-tax states like New York and New Jersey would forfeit $323 billion in deductions.
Who benefits from the SALT deduction?
Homeowners with high property taxes, such as people in New York, New Jersey and California, were the biggest beneficiaries of the the full SALT deduction.
But some experts also noted that the SALT deduction primarily put more money in the pockets of higher-earning Americans. About 80% of the full SALT deduction had helped people earning more than $100,000 a year, according to the Tax Foundation.
What happened after Trump capped the SALT deduction at $10,000?
The limit has increasingly impacted middle-class homeowners across the U.S. because of rising property taxes and incomes. Some lawmakers have also sought to either repeal or increase the SALT cap, but none of those efforts have borne fruit.
Earlier this year, some lawmakers sought to double the SALT deduction cap to $20,000 for married couples, with the change retroactive for the 2023 tax year. But that bill was blocked in the House in February.
Won’t the SALT deduction cap expire anyway?
Yes, the SALT deduction cap is a provision that’s due to expire in 2025, as are many other parts of the Tax Cuts and Jobs Act, such as a reduction of the individual tax brackets. But Trump has previously indicated he wants to extend the provisions in his signature tax law.
How much would it cost the U.S. to repeal the SALT deduction cap?
It won’t be cheap, according to the the Committee for a Responsible Federal Budget, a think tank that focuses on budget and policy issues.
Eliminating the $10,000 deduction limit “would increase the cost of extending the 2017 Tax Cuts and Jobs Act (TCJA) by $1.2 trillion over a decade,” the group estimates, adding that such a measure would be a “costly mistake.”
Extending the TCJA’s tax cuts would increase the nation’s deficit by $3.9 trillion over the next decade, the group estimates. By adding in a expiration or repeal of the SALT deduction cap, that would grow to $5.1 trillion, it added.
“Lawmakers should not extend the TCJA without a plan to – at a minimum – offset the costs of extension, but ideally the plan would raise revenues relative to current law and help put the nation’s debt on a better trajectory,” the group said in a statement.
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