Brian K. Baldwin

Name/DOC #	Brian Keith Baldwin Z-357
Address	Holman Unit, Atmore AL /Deceased
Date of Birth	July 16, 1958
Race	Black
Date of Crime	March 14, 1977
Age at Time of Crime	18
Date Sentenced	August 8, 1977
Victim(s)	Naomi Rolon, age 16
Relationship to Defendant	Picked up defendant and companion hitchhiking in North Carolina 3 days prior to murder in Alabama
Facts Alleged by State	Murder/stab wounds and cut throat, presumably with axe or hatchet; robbery of car
County of Trial	Monroe County AL
Trial Judge	Robert E. Lee Key
Trial Attorney	Windell Owens
Prosecutor(s)	Theodore Pearson
Trial By	Jury
Race of Jurors	All White
Convicted of	Capital murder; robbery of auto
Confession	Yes/coerced
Accomplice Testimony	Not at original trial
Eyewitness Testimony	No
Forensic Testimony	Fingerprints in victim's car Semen present (but rape not charged) No blood on Baldwin's clothes or shoes
Jailhouse Snitch	No
Defendant Testimony	Coerced confessions both signed and taped On stand at trial, Baldwin denied having made a voluntary confession
Principal Exculpatory Evidence	No fingerprints on murder weapon No blood on clothes or shoes Forensic pathologist report that wounds were inflicted by left-handed person; Baldwin was right-handed. (Not available at trial; presented in 1999 investigation.)
Sentencing Authority	Jury, subject to judge override
Statutory Aggravating Factor	Robbery of car
Non-Statutory Aggravating Factor	None
Mitigating Factors	None presented except age
Mental Illness, retardation or neurological damage	No
Criminal History	Escaped from youth detention center in North Carolina; car theft offenses Concurrent conviction for stealing car in Camden, AL just before the murder
Appellate History	George Elbrecht (Monroeville) B appeals Judge Key (Mobile) B coram nobis Michael McIntyre (Atlanta) Federal Habeas (404-688-0900)
Ineffective Assistance?	Yes Attorney only met with Baldwin for total of 20 minutes before trial No investigation (judge denied funds) and no witnesses called No presentation of exculpatory evidence in forensic report Parents not informed of his whereabouts No challenge to striking Blacks from jury No challenge to Judge referring to Baldwin as "boy" No challenge to Baldwin being in handcuffs and shackles during jury selection, in view of prospective jurors
Police Misconduct?	Yes Torture during interrogation by beatings, probable use of cattle prod Probable denial of right to counsel prior to interrogation (During 1999 investigation, three witnesses attested to having seen bruises on Baldwin's back and legs following interrogation. A former Deputy Sheriff signed an affidavit and gave a video-taped deposition attesting to presence of a cattle prod in the jail where Baldwin was questioned, and to having been present when Baldwin was beaten during the interrogation. Deputy also signed an affidavit attesting to having falsely signed a statement saying he had witnessed Baldwin's signature to a waiver of his right to counsel. This Deputy, who had been the first Black appointed as Deputy Sheriff in the county, later retracted his testimony regarding the beatings in a private interview with the Governor of Alabama)
Prosecutorial Misconduct?	Yes Rape implied, although no charge of rape was ever brought Racist practice in striking all Blacks from jury Failure to provide a complete trial transcript (State claimed transcript had been lost in a flood, and denied existence of tapes; later an incomplete transcript was found and furnished. During investigation in 1999, tapes were discovered, and found to differ from the transcript provided.)
Newly Discovered Exculpatory Evidence?	Yes Forensic pathologist signed affidavit based on crime-scene photos stating fatal wounds had been inflicted by a left-handed person. Baldwin was right-handed.
Failure of Judicial Process?	Yes Change of venue denied despite intense pre-trial publicity Newly discovered exculpatory evidence and evidence of police misconduct denied fair presentation in appeal process All physical evidence which could have furnished relevant DNA evidence was lost or destroyed (discovered in 1999 investigation).
Appellate Counsel	George Elbrecht of Monroeville, AL

Brian K. Baldwin (AL)