The Tennessee Court of Criminal Appeals has denied post-conviction relief for Harold Francis "Bam" Butler in the murder of 46-year-old Bernard Hughes and the wounding of Timothy Westfield at the British Woods Apartments in 2010.
Butler had appealed the Hamilton County Criminal Court’s denial of his petition for post-conviction relief from his convictions of first degree felony murder, attempted first degree premeditated murder, attempted especially aggravated robbery, and employing a firearm during the commission of a dangerous felony.
Butler was sentenced to life plus 31 years.
On appeal, Butler contended that the state violated his constitutional rights by conducting an unduly suggestive identification procedure that rendered the identification unreliable and by eliciting false testimony from a key witness at trial. He also raised numerous allegations of ineffective assistance of trial counsel and contended that he was entitled to a new trial under the cumulative error doctrine. Based upon the record and the parties’ briefs.
However, the appeals court affirmed the judgment of the post-conviction court.
Butler was the final defendant to go to trial.
Unjolee Moore was convicted by a jury in the courtroom of Judge Poole after a week-long trial.
Prosecutors said Moore was the driver in the June 10, 2010, robbery and murder on Oakwood Drive.
John "Cut Throat" Simpson, who was allegedly one of two gunmen who shot the two men on the porch of Hughes' apartment, earlier pleaded guilty to second-degree murder.
Authorities said Butler was the other triggerman and that Steven James Ballou was also involved. Ballou pleaded guilty to aggravated robbery and was given a 12-year prison sentence.
The jury heard three 911 calls, including mention that two black males wearing masks had been at the porch, then left in a gold Maxima.
On one of the calls, a woman was screaming, "Breathe, Bernard, breathe." But a man on the phone said, "This man's gone."