"Oral
arguments presented to the Louisiana Supreme Court on behalf of a death
row inmate could lead to a new trial when an opinion is rendered in the
matter. The 2013 conviction of Rodricus Crawford, 27, by a Caddo
Parish jury and his subsequent death sentence came under fire by Cecelia
Kappel, an attorney with the Capital Appeals Project, during her
arguments on behalf of Crawford on Sept. 7. Kappel cited several
examples questioning portions of the case presented against Crawford by
the Caddo Parish District Attorney's office, including sufficiency of
evidence, evidence of innocence and prosecuting attorney Dale Cox's
statement that Jesus Christ would impose the death penalty. In a
case that was cited as entirely circumstantial, Crawford was convicted
of first-degree murder in November 2013 for the death of his
one year-old son, Roderius Lott. He was sentenced to death. The
case drew attention from national media as being one of several that
allegedly highlights the high rates of cases resulting in death penalty
sentences in Caddo Parish. Also at issue in Kappel's arguments
before the justices was the idea that the state's forensic expert
testified that the death was "more likely than not" due to smothering.
"I wanted to focus on the evidence at trial," said Kappel in a later
interview with The Times. In
hearing her arguments, justices also were interested in hearing about
new evidence that wasn't previously brought to trial in Crawford's case.
Kappel
noted that a large portion of the case against Crawford was almost
entirely dependent on testimony from a pathologist that has since been
disputed. The justices questioned Kappel on information regarding the
original pathology report. "The thing that's really important is
all the new evidence brought before the Supreme Court now — this is the
only opportunity they will have to look at this evidence," said Kappel.
Her oral arguments also noted that she found prejudicial Cox's
statements to the jury that Jesus Christ's verdict would be death.
Crawford
told police he had been sleeping with his son beside him and found the
boy unresponsive when he woke up on the morning of Feb. 16, 2012. Police
asked Crawford about a bruise on his son's lip. Crawford said his son
had fallen in the bathroom the previous day. He also denied having
accidentally slept on top of the boy. On the day of the death,
Caddo Parish Coroner Dr. Todd Thoma determined the death was
"suspicious" and referred the case to pathologist James Traylor, who
conducted the autopsy. Traylor later determined that the bruise
indicated smothering and other bruises present on the boy's body were
indicative of child abuse. Traylor's determinations were made
before additional test results showed Lott had pneumonia and
streptococcus bacteria in his blood. Based on Traylor's conclusions,
Crawford was charged with homicide and Cox asked for the death
penalty.........Kappel argued that Crawford's jury overlooked evidence
that could show Lott may have died from sepsis. A report presented by
defense-hired Daniel Spitz determined Crawford' son died from pneumonia.
In
the course of Kappel's arguments and follow-up from assistant Caddo
Parish DA Tommy Johnson, Justice Jeannette Theriot Knoll asked how the
state came to charge Crawford with first-degree murder in a case based
on circumstantial evidence. "With a child that an autopsy had
discovered had sepsis and ask that this man be put to death on weak
circumstances -- you don't even have a motive," Knoll said. .At oral
argument, the State conceded there was "no evidence" of any motive in
the case."
http://www.shreveporttimes.com/story/news/crime/2016/09/17/could-new-trial-happen-death-row-inmate/89961166/