Lee Davis: 1969 Murder Conviction Reversed By Court of Criminal Appeals

Wednesday, May 11, 2011 - by Attorney Lee Davis
Lee Davis
Lee Davis

Now this is a wild one. The original robbery and murder occurred at a Memphis liquor store in 1966 and a conviction against Ms. Freshwater was returned in 1969. The robbery and murder were committed by Attorney Glen Nash and his partner in crime Margo Freshwater. After her conviction, Margot Freshwater escaped from prison in 1970 and she was on the run until 2002. Now, 45 years after the crime, her case has been overturned on a Brady (withholding favorable evidence by the State) violation and sent back to Shelby County for a new trial.

The main issue was whether state prosecutors withheld from Ms. Freshwater's lawyer a statement of a witness, Johnny Box, that Ms. Freshwater's co-defendant, Glen Nash, told him that he, Nash, had been the lone shooter of the victim, which, had it been revealed to her lawyer, would most likely have resulted in a different judgment. The Court of Criminal Appeals thinks so and reversed the conviction.

The evidence in question is a four page written statement that details what Attorney Nash told to Johnny Box and was in the files of the District Attorney. The relevant part states that he, Nash, was the sole shooter. The statement provided in part to Freshwater's lawyer was missing that important part, intentionally.

While it is highly unlikely that the events here will repeat themselves, it is significant that it was through a petition for a writ of error coram nobis that Freshwater found relief. Typically the court is reluctant to hear arguments about evidence from trial and how the parties exchanged it at such a late date. But here a fundamental fair trial right was touched upon when it was shown that the state had the actual statement in its possession that this statement was at odds with the partial evidence disclosed by the state with the inference that Freshwater was the actual shooter in the murder.

As a point of interest, the lawyer Glen Nash was found to be insane in Mississippi where the couple was arrested and he remains committed there today.

(Lee Davis is a Chattanooga attorney who can be reached at 266-0605.)



TVA Inspector General Resigns To Be U.S. Attorney For Southern District Of Alabama

The TVA Inspector General, Richard W. Moore, was confirmed by the United States Senate on Sept. 14, as the new U.S. Attorney for the Southern District of Alabama after having been nominated by President Donald J. Trump in June of this year. Mr. Moore submitted his resignation letter as Inspector General to President Trump effective the date of his appointment as the ... (click for more)

Chattanooga Chamber Calendar For Sept. 25-29

Here is the calendar for the Chattanooga Chamber of Commerce for Sept. 25-29: Tuesday, Sept. 26, Government Contracting: Managing the Maze to Get the Contract 9-11:30 a.m. BrightBridge Women’s Business Center: 535 Chestnut St., Ste. 161 Are you ready for government contracting? How to sell your products and services to federal, state and/or local governments. How to register ... (click for more)

Witness Says Morse Told Him "His Emotions Got The Best Of Him" At Triple Killing In Lookout Valley

A witness told a Criminal Court jury on Friday that Derek Morse told him "his emotions got the best of him" at a triple killing in Lookout Valley. Michael Shavers also said Morse told him in detail about the slayings of John "Jake" Lang, Jon Morris and Caleb Boozer and the shooting of Matthew Callan at the Rolling Hills Trailer Park on April 9, 2014. Morse is standing trial ... (click for more)

Demetrius Buchanan Taken Into Custody For Murder Of Langdon Strickland, Who Was Shot On South Kelly Street

Demetrius Buchanan has been taken into custody for the murder of 33-year-old Langdon Strickland, who was shot on South Kelly Street on Aug. 14. He died three days later from a single gunshot to the head.   Buchanan is charged with f irst-degree murder, possession of a firearm during the commission of a dangerous felony and reckless endangerment.   Chattanooga ... (click for more)

September Is Prostate Cancer Awareness Month

The calendar fills up quickly in September as families return to a packed routine after quieter summer days. Unfortunately, your health might take a backseat to your busy schedule. So make a note on your calendar that September is Prostate Cancer Awareness Month, and remind yourself—or the men in your life—about the importance of a healthy prostate.   Prostate cancer is ... (click for more)

Roy Exum: I Am Very Privileged

A California professor who teaches sociology at San Diego State told her students she would give each extra credit if they would participate in a “White Privilege Checklist” the other day. Understand, there is no pass or fail but, the more of the 20 statements you agree with, reveals you are “more guilty” of being white and therefore more “privileged” than those who are not. ... (click for more)