Jimmy Garner Granted New Trial in Wife's Death Newberry, SC

[nanabillie]

http://www.newberryobserver.com/pages/full_story?page_label=home_top_stories_news&id=1992843-Guilty-plea-in-wife-s-killing-scratched-New-trial-called-for-in-murder-of-Kathy-Garner&article-Guilty-plea-in-wife-s-killing-scratched-New-trial-called-for-in-murder-of-Kathy-Garner%20=&widget=push&instance=home_news_lead&open=&

Guilty plea in wife’s killing scratched: New trial called for in 2001 murder of Kathy Garner
by Cindy Pitts, Staff Writer
9 hrs ago | 229 views

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James Garner

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James R. Garner was sentenced to 25 years for beating his wife to death. But seven years after Kathy Garner’s death, her husband’s guilty plea has been nullified—and he is headed back to court.

In June 2003, Garner pleaded guilty to voluntary manslaughter in the Dec. 26, 2001 death of his wife, Kathy Garner. While James Garner entered a plea of guilty, he did not admit that he committed the crime.

Kathy Garner had been found beaten to death, under her vehicle, at Molly’s Rock State Park.

Within days of going to trial, James Garner felt there was enough evidence to convict him of the murder, the defense related at the time. If a jury had found him guilty, Garner could have been sentenced to up to 30 years in prison, or the death penalty.

But with the plea, James Garner was sentenced to serve 25 years in prison.

Eighth Circuit Solicitor Jerry Peace says James Garner later filed post conviction relief action.

The request stemmed around an allegation that a person saw a vehicle at Molly’s Rock earlier that morning. James Garner contends that if he had known about the sighting, he would not have pleaded guilty.

The relief request was granted and the case has been returned to Peace for it to be retried.

“It is rare to have a guilty plea overturned. We will now prepare to retry the case,” said Peace, adding he hopes to have Garner back in court by the end of the summer.

“The court system chooses to give him a re-trial on a technicality...This is their choice [the court] and the victims and the government will deal with it,” Sheriff Lee Foster said.

Kathy Garner, a Prosperity resident, worked at the Whitmire Post Office and did not show up for work that Wednesday morning in December. Co-workers and family soon started looking for the normally punctual woman.

The search began with Kathy Garner’s family searching the main roads between Prosperity and Whitmire, and then ventured onto side roads.

Around noon, one of Kathy Garner’s brothers found the 42-year-old woman lying in a pool of blood underneath her vehicle, which was parked near the picnic area at Molly’s Rock.

Forensic reports determined that Kathy Garner died earlier that morning due to blows to her head from a blunt object.

Later, an autopsy revealed she had been stuck in the head at least 16 times. Newberry Pathologist Dr. Joel Sexton said at the time it was one of the worst beatings he had ever seen.

Investigators noted signs of a struggle between Kathy Garner and her attacker, but did not believe that Kathy Garner went to the picnic shelter off S.C. Highway 176 by force.

As the investigation continued, deputies allegedly received conflicting stories from James Garner. They then served a search warrant on her husband and reportedly found Kathy Garner’s blood in his car. Also found was a pry bar in the toolbox of his vehicle, allegedly with Kathy Garner’s blood and DNA on it. At the time, the pry bar was believed to be the murder weapon.

Since the post conviction relief was granted, James Garner has been transferred out of the state’s custody and is now being housed at the Newberry County Detention Center.

Garner can request a bond in the case, and if he makes bond he will be released from jail until the trial. The bond hearing can only be made in circuit court due to the severity of the crime.

Previous to his guilty plea, Garner had spent 18 months in jail and did not post bond.

[nanabillie]

http://s5.tinypic.com/2nhowoy.jpg (http://s5.tinypic.com/2nhowoy.jpg)

© 2004-2009 TinyPic®, a Photobucket (http://photobucket.com/) Video & Photo Sharing Company

[sarahhod]

Thanks for sharing Billie.

Please keep us updated if you can.

So will your brother and sister in law have to give evidence again?

[nanabillie]

We just don't know yet. I would think so. They, at least my sil, are members here now.

[grammybears]

I vaguely remember reading about this case. That poor woman. I am sorry to hear he is going to get a retrial. Sometimes it just does not seem right. It is like the perps have all the rights and the victims have none. The retrial is exactly why it is so important for all parties of the court needed to be upfront with all their evidence. I do not like the idea of this man being able to bond out until his retrial.

jmoo

[packy]

Yes, I agree with what Grammybears said about being up front with all the evidence. Had anyone heard about the alleged sighting of a car before now I wonder.

[nanabillie]

I don't know. I will ask my SIL. I am still trying to get articles she sent me on here.
They are attachments and I don't know how.

[Grande]

Where is the justice here?

The fact that James Garner is going to have another crack at a trial, six years after pleading guilty in his wife’s death, sums up so much of what is disheartening and disturbing about the American legal system.

Plea bargains like James Garner’s are meant to be a way to avoid the further pain of a trial for a victim’s family—and a way to guarantee that the accused faces some sort of justice. Back when James Garner entered his guilty plea, he said much of the same. He claimed to be only interested in sparing his family further pain. Of course, he also was convinced there was evidence to convict him.

The voluntary manslaughter charge that James Garner pleaded guilty to left him with far less at stake than the murder rap he could have faced in court. Pleading guilty to this lesser charge earned him a sentence of 25 years behind bars. He could have been staring down the death penalty. Accepting the plea is meant to shut the case. Previously, that shut case is what both sides wanted.

But in our legal system, it appears the case is never shut for a criminal, even when they have admitted to a crime. A possible witness to a vehicle in the vicinity of Molly’s Rock State Park that morning, where Kathy Garner’s beaten body was left, was the key that unlocked her husband’s prison sentence. He claims he would not have pleaded guilty if he had known of this vehicle. Although, if he is not guilty, common sense would have dictated to James Garner that there was always the possibility of someone or some fact coming to light that would clear his name, or cast reasonable doubt on his guilt.

It is supposed to be innocent until proven guilty in this country. For various reasons both sides of the courtroom seem to continually doubt that the system works. Those seeds of doubt lead to a gaming of the system to try and achieve desired end results for the interested parties. But once you start gaming the system, it is just that, a game, and pleas become meaningless, sentences disposable. Minutiae of a case can trip up both the accused and the accusers, and leave all parties wary of leaving it up to juries and judges. But something is horribly wrong with a system where someone can take back a plea they entered years ago. It is one thing for a verdict to be overturned, a mistake could legitimately happen in a trial (new DNA evidence, etc.) But when someone enters a plea, they are signing their own fate, should be held to their word, and should be serious and truthful when they give it.

Kathy Garner was hit more than 16 times in the head with a blunt object and left dying in a pool of blood in a parking lot under her vehicle. Now her family will suffer again. Where is the justice in that?

http://www.newberryobserver.com/pages/full_story?article-Where-is-the-justice-here-%20=&page_label=news_opinion&id=2003818-Where-is-the-justice-here-&widget=push&instance=news_special_coverage_right_column&open=&

[Grande]

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[nanabillie]

Grande, you are terrific! Thanks! More to come tomorrow.

[nanabillie]

This is out of Grande's List of Tiny Pics. I just wanted to make sure everyone sees what Kathy looked like when they click on this thread.http://i43.tinypic.com/rlwf4n.jpg

[TigressPen]

I really don't feel Garner will prevail in a second trial. I hope he doesn't anyway because I believe he was telling the truth, he killed Kathy.

[Grande]

Grande, you are terrific! Thanks! More to come tomorrow.

Thanks Billie.

Here are the next group of clippings you sent me;

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[nanabillie]

http://www.murphymilanojournal.blogspot.com/

This is also listed at www.helpfindthemissing.org (http://www.helpfindthemissing.org). Susan did give me permission to post the blog any place I think it might help. Very good blog!
Please help any way you can to give this case some attention.

[grammybears]

I just cannot even imagine what poor Kathy went through. 16 blows to the head is overkill imo. This sounds like James is a very angry man. He also reminds me of a spoiled little brat wanting a do over because he does not like the terms of his agreement with the state for a prison term.
From what I have been reading I do not think he will get off either. He better be careful about what he wants. There may be more punishment for him that he did not want.

jmoo

[grammybears]

One more thought I had is that I had read that Kathy's son Terry committed suicide. This is really sad. When someone murders someone else it not only affects the person who was killed but family of the loved one that was killed. This has to be the hardest part for family to cope with after the death of a loved one.
It is so hard to pick up the pieces of your life when you lose a spouse, child or other loved one because someone cannot see past their own anger.
I pray that the prosecution can put this case to rest and that James spends the rest of his life in prison.
I am not a vindictive person, but when it comes to punishment for taking anothers life away then they should not get any do overs. This just prolongs the pain for the family. I cannot even imagine having to relive this nightmare after all these years.
If James thinks he is going to get out and be free I just do not in my heart feel he will be allowed to be free. It also seems like to me he does not like the way things have turned out and will do just about anything to get off.

jmoo

[nanabillie]

That sums it up Gram. The fact that what is thought to be the murder weapon with Kathy's blood and DNA on it were in the tool box of HIS work truck. Locked! That evidence won't go away.

[nanabillie]

Could one of you tell me how he went about gettig a new trial? Does one judge make the decision?

[nanabillie]

I received an email from a family member of the victim saying that Garner says that the son, Terry who just committed suicide is the one that killed Kathy. Terry was only 14 when his Mother was murdered.

[grammybears]

Oh sure it is really funny that all of a sudden he is blaming his dead son. Yeah right. That poor boy cannot speak for himself. Talk about revictimizing someone. I do not believe it for one moment.
I am not sure how one goes about getting a new trial. I believe the defendents attorney has to file an appeal stating the reasons why they want a new trial. They have to have darn good reasons in what I know about it to get a new trial. I believe a judge makes that decision and if the defense does not get the response they want then they can appeal it to a higher court. During the process the prosecutor will answer to the court the reasons not to go forward. With what I have about this case I do not understand how he got a new trial.
Do you know when the new trial is?
This case really bothers me.

This is all jmoo

[nanabillie]

I just wrote my SIL and asked when it will be and who the judge was that granted the new trial.

[nanabillie]

Everything I have read says the same thing. That someone says they saw a vehicle of some kind in the area that day. He said if he had know that he would not have plead guilty. Now, just as the article stated, common sense would tell you if he didn't do it, he would know there had to be a vehicle in the area that day. She didn't beat herself to death.

[nanabillie]

According to my sister-in-law, the judge that granted a new trial has since passed away.
A hearing will be held Thursday, July 30, 2009. It will be decided if there will be a new trial, if he will be allowed to plead, or what.
I hope I can go if it is open. My sister-in-law will be there. I pray that whatever happens he doesn't get out even on bond. Kathy's family feels they are at risk if he is out.

[nanabillie]

This is part of an email from my sister-in-law, Darlene, Eddie Sander's wife.
-------------------

We went to the meeting with the solicitor Jerry Piece and Sheriff Lee Foster was there.

This is what it all boils down to. They said it was 1 in 10,000 chance for anything like that happening as far as Jimmy getting a judge to give him a trial.
Now that it has happened we can either go to court for life sentence or Jimmy has decided he wished he had not done this, because now he is taking a chance at life, where he could be out in 14 years.

They say with all the evidence against him it would be like a 1% chance he could walk. Jury's do some crazy things sometimes. They told us about a lot of crazy stories where criminals were guilty and still got out with a jury trial.

Kenny (Kathy & Eddie's brother) and Carroll( Kathy & Eddie's dad) want to offer to let him plead guilty to killing Kathy by beating her to death, the day after Christmas 2001.
He would have to stand in front of judge and all the family and admit to it. Then let him finish out his time.
Pat (Kathy & Eddie's mom) and Eddie would like to see him go to trial, take a chance at life in prison.
After talking at the meeting, I think they will make him the offer to stand up and admit it.
I thought that was what he did before, but they said before he stood in front of the judge and said with all the evidence against him he didn't think he could get a fair trial. He is still in the Newberry jail.

Someone asked at the meeting if he showed any signs of the cancer coming back and they said no. That he had some stomach problems and that was all.

It was also brought up that Terry had left 2 notes when he died but the family had never gotten to see them. They are supposed to get a copy of the notes.

We told them we thought Jimmy was supposed to have it rough in jail and they said he does and we said well, he got married in jail, has had cell phones in jail.
They say he is in a cell in Newberry with a drug dealer. I said I'll bet the drug dealer will get more time than he did for murder.
Lee Foster said he would not have gotten married in their jail. If it does go to trial believe it or not they say it would be around Christmas.

[nanabillie]

New update Email received 8/4/09

Kenny called a little while ago, said Jimmy is going to accept and plead guilty, they said it would be the week of Sept.14th
will keep you updated.
Love Darlene

[nanabillie]

The following is excerpts from email my sister-in-law sent today after court. She and her husband Eddie were the ones that found Eddie's sister Kathy the day she was murdered.


Its over again.
Jimmy didn't look as well this time as he did last time. At 51, he has aged and has a good bit of gray hair not as heavy as last time. He was sitting over there cutting up and laughing with his sons and sister & brother before the judge came in. Orange suit no hand cuffs but did have the leg shackles.
Jerry Peace told the judge how Jimmy beat Kathy in the head with the crow bar at Molly's rock, even describing the scene of Kathy with her mail uniform on with a hooded jacket. That the hood had been on her head and Jimmy chased her around the vehicle beating her, blood all around and her glasses lay behind the vehicle with blood on them. Her blood in his work van and how the hood had holes in it where he beat her head and the bloody mess she lay in.
Jerry gave the judge pictures of the crow bar and of Kathy when she was found. Jimmy admitted to all, yes was his answer to all the questions from the judge. His two sons, David who was shaking his head no the whole time, still in disbelief and Jamie just stood still, like he knows its true. Jimmy's wife wasn't there today. ...
He has 10 days to change his mind. He will continue serving the 25 yrs with time served since 1/2/02 and he is not supposed to be able to do this again.
We also got to read the suicide letters from Terry the youngest son. He basically said he had missed his mom and was like a ticking time bomb since Dec.26, 2001. He thanked everyone for trying to help him.
They were both pretty short letters.
It was a another very sad day.
Darlene

[packy]

So this means now that he can get out in 14 years if I read that right. Such a sad case and his sons had to hear that. Why in the world did he say his other son did it.

[PatC]

So this means now that he can get out in 14 years if I read that right. Such a sad case and his sons had to hear that. Why in the world did he say his other son did it.

14 years? Are you assuming that he has to serve 80% of his 25 year sentence?

Blaming the dead son pretty much convinces me he must be one step above pond scum.

[nanabillie]

Yep, I agree!
http://www.newberryobserver.com/

Garner pleads guilty—again: Wife’s 2001 beating death returned to court today



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James Garner


The first time around, James R. Garner pleaded guilty to beating his wife to death. This morning, he did it again.

In his second chance at a trial, Garner pleaded guilty to voluntary manslaughter in his wife’s wife’s 2001 death. And once again, he was sentenced to 25 years in prison. This time, however, Garner will receive credit for time served, and has waived any rights to an appeal.

In June 2003, Garner pleaded guilty to voluntary manslaughter in the Dec. 26, 2001 death of his wife, Kathy Garner. While James Garner entered a plea of guilty, court officials say that technically Garner did not admit to committing the crime.

Kathy Garner had been found beaten to death, under her vehicle, at Molly’s Rock State Park.

Within days of going to trial, James Garner felt there was enough evidence to convict him of the murder, the defense related at the time. If found guilty by a jury, Garner could have been sentenced to up to 30 years in prison, or the death penalty.

But with the plea, James Garner was sentenced by a judge to serve 25 years in prison.

Eighth Circuit Solicitor Jerry Peace says James Garner later filed post conviction relief action.

The request for relief stemmed from an allegation that a vehicle was spotted at Molly’s Rock earlier that morning. James Garner said if he had known about the sighting, he would not have pleaded guilty.

The relief request was granted, and the case was returned to the solicitor’s office this February to be retried.

Kathy Garner, a Prosperity resident, worked at the Whitmire Post Office and did not show up for work that Wednesday morning in December. Co-workers and family soon started looking for the normally quite punctual woman.

The search began with Kathy Garner’s family searching the main roads between Prosperity and Whitmire, and then ventured onto side roads.

Around noon, one of Kathy Garner’s brothers found the 42-year-old woman lying in a pool of blood underneath her vehicle, which was parked near the picnic area at Molly’s Rock.

Forensic reports determined that Kathy Garner died earlier that morning due to blows to her head from a blunt object.

Later, an autopsy revealed she had been stuck in the head at least 16 times. Newberry Pathologist Dr. Joel Sexton said at the time it was one of the worst beatings he had ever seen.

Investigators noted signs of a struggle between Kathy Garner and her attacker, but did not believe that Kathy Garner went to the picnic shelter off S.C. Highway 176 by force.

As the investigation continued, deputies allegedly received conflicting stories from James Garner. They then served a search warrant on the husband and reportedly found Kathy Garner’s blood in his car. Also found was a pry bar in the toolbox of his vehicle, allegedly with Kathy Garner’s blood and DNA on it. At the time, the pry bar was believed to be the murder weapon.

After the post conviction relief was granted, James Garner was transferred out of the state’s custody and, since February, housed at the Newberry County Detention Center.

[PatC]

I don't get it. In 2003, Garner pleaded guilty to voluntary manslaughter, he subsequently fought for and was granted a new trial during which he pleaded guilty AGAIN???

[LiveLaughLuv]

Jerry Peace told the judge how Jimmy beat Kathy in the head with the crow bar at Molly's rock, even describing the scene of Kathy with her mail uniform on with a hooded jacket. That the hood had been on her head and Jimmy chased her around the vehicle beating her, blood all around and her glasses lay behind the vehicle with blood on them. Her blood in his work van and how the hood had holes in it where he beat her head and the bloody mess she lay in.
Jerry gave the judge pictures of the crow bar and of Kathy when she was found. Jimmy admitted to all, yes was his answer to all the questions from the judge. His two sons, David who was shaking his head no the whole time, still in disbelief and Jamie just stood still, like he knows its true. Jimmy's wife wasn't there today. ...

What a horrible death!

How horrible for their sons to hear what their dad did to their mother...:madranting94dp:

The first time around, James R. Garner pleaded guilty to beating his wife to death. This morning, he did it again.

In his second chance at a trial, Garner pleaded guilty to voluntary manslaughter in his wife’s wife’s 2001 death. And once again, he was sentenced to 25 years in prison. This time, however, Garner will receive credit for time served, and has waived any rights to an appeal.

In June 2003, Garner pleaded guilty to voluntary manslaughter in the Dec. 26, 2001 death of his wife, Kathy Garner. While James Garner entered a plea of guilty, court officials say that technically Garner did not admit to committing the crime.

Kathy Garner had been found beaten to death, under her vehicle, at Molly’s Rock State Park.

Within days of going to trial, James Garner felt there was enough evidence to convict him of the murder, the defense related at the time. If found guilty by a jury, Garner could have been sentenced to up to 30 years in prison, or the death penalty.

But with the plea, James Garner was sentenced by a judge to serve 25 years in prison.

There is only a 5 year difference between the sentence from 2001 and his admission of guilt to the one in 2003..I guess he did not admit his guilt in 2001 and all they wanted was to hear how his wife died by his own hands..

Why waste taxpayers money on that! He needs to do every bit of that 25 years...what a horrible way to die..:madranting94dp:

[Grins]

Seems ridiculous but with the second plea his 25 years now runs from his arrest in 2001 rather than his conviction in 2003. So he gets two years shaved off the sentence. [Assuming he went to jail in 2001 and remained there until sentencing in 2003 and thereafter to now.]

"Credit for time served" means credit toward the 25 from the time he first went to jail, not when the trial was over and sentence imposed.
The prior sentence began to run from 2003 not 2001.

[nanabillie]

That just does not seem fair! Nothing short of a death sentence is. In my opinion. A man that can do what he has admitted he was guilty of, should not be allowed to live. I wonder if Kathy or Terry ever come to him in his dreams. He should have been charged with two murders in the second trial. It caused Terry to take his own life, according to the suicide note. According to Darlene's email.