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AL
July 14, 2015
Carlos Edward Kennedy, who was sentenced to death for raping and then beating a 69-year-old grandmother to death with a claw hammer in June 2010, has new life.
The Alabama Court of Criminal Appeals reversed the sentence of former Mobile County Circuit Court Judge Joseph “Rusty” Johnston on Friday, stating that he overstepped his judicial authority.
“Accordingly, the totality of the circumstances in this case indicates that Kennedy knowingly, intelligently, and voluntarily waived his right to counsel and that the circuit court abused its discretion when it revoked Kennedy’s right of self-representation and appointed counsel to him,” the ruling states.
Mobile County District Attorney Ashley Rich said she was waiting to hear if the Alabama Attorney General’s office, which was unavailable for immediate comment, planned to appeal the ruling to the Alabama Supreme Court.
If not, her office would retry the case in circuit court and Kennedy, who remains in custody, would represent himself, according to the ruling.
“It was a horrific, horrific crime and he deserves the death penalty and we will stop at nothing to make sure he gets it,” Rich said.
