Capital murder cases increase

Grand jury indicts Everett and Anderson bringing Escambia to 13 capital murder cases while judges work to find lawyers

Escambia County (Ala.) District Attorney Steve Billy called the grand jury back into session last Wednesday and the panel issued indictments of capital murder against Caleb Scott Anderson and William Joseph Everett, Jr.

If convicted of capital murder, the two face sentences of either life without the possibility of parole or death. With last week's indictments, Escambia County now has 13 pending capital murder cases which not only backlog the court system but make it difficult to find attorneys to represent them.

Anderson, 23, of Michigan was charged with murder and burglary I for the Aug. 3 stabbing death of Flomaton resident Dwight Anthony Dixon, 52.

Everett, 50, 3044 Travis Road, Brewton, was arrested Aug. 19 and charged with murder in the death of Elisha Jordan. Everett confessed to strangling Jordan to death and told law enforcement officers where he dumped the body.

Anderson is also a suspect in a murder in Wisconsin and has outstanding warrants for his arrest in Michigan for an attempted kidnapping.

Anderson and Everett are both being held without bond in the Escambia County Detention Center in Brewton.

Mobile attorney Jason Darley was appointed lead counsel for Anderson along with Brewton attorney Jeremy Hawsey serving as associate counsel.

Brewton attorney Chuck Johns has been appointed lead counsel to represent Everett with Atmore Attorney Ben Brown serving as associate counsel.

Escambia County Circuit Judge Todd Stearns said 12 of the capital murder suspects were deemed indigent and have received court-appointed attorneys. However, as of Feb. 1, 2022, Escambia County had six attorneys who are qualified to represent someone in a capital murder case.

Under Alabama law an attorney must have at least five years of criminal litigation experience to represent someone in a capital murder case. Attorneys must also be familiar with the Alabama Rules of Professional Conduct and be familiar with current criminal practices and procedures in Alabama. They must also be familiar with capital jurisprudence established by the U.S. Supreme Court and the Supreme Court of Alabama.

To serve as lead counsel in a capital case an attorney must have litigated a capital case to verdict, hung jury, or plea as an associate counsel, or have litigated four homicide cases to verdict, hung jury or plea.

Attorneys must also complete at least 10 hours of capital defense related continuing legal education every two years.

Judge Stearns said the court uses a data base on indigent defense services to appoint attorneys in capital cases. Stearns added they like to use local attorneys but have to reach out to neighboring counties like Conecuh and Monroe counties to find qualified attorneys to take capital cases. He added that those rural counties have some of the same problems with too many cases and not enough attorneys. He said they will then reach out to attorneys in Mobile and Baldwin counties.

Stearns said attorneys in capital cases are paid by the state with certain set fees.

"It's a growing problem in smaller circuits," Stearns said. "We use the data base and also try to get attorneys to let us know if they are available to try capital cases."

 
 
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