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Death penalty sought in Carpenter slaying

AIKEN - Second Circuit Solicitor Barbara Morgan will seek the death penalty against Robert Franklin Atkins.

Mr. Atkins, 31, was extradited to South Carolina last month to face charges in the slaying of Jessica Carpenter, the Aiken teen found dead in her home in August 2000.

Aiken police announced about six months ago that Mr. Atkins' DNA matched genetic material found at Jessica's Crosland Park home.

Mr. Atkins' DNA was placed in a nationwide database a week before the match. He was forced to give up his DNA after being imprisoned in Georgia.

He had been out of a Georgia prison for about eight months when Jessica, 17, was killed. He was working for a delivery service, and police say he delivered to the Carpenter house in the weeks before Jessica was killed.

Ms. Morgan filed her intent to seek the death penalty Monday. The South Carolina Court Administration will now assign a judge to handle the case.

Also, Mr. Atkins is expected to retain another lawyer. Under state law, defendants in death penalty trials must have two lawyers.

Ms. Morgan said Kelley Brown, who represents Mr. Atkins now, will likely stay on the case.

The solicitor also said the Aiken County Grand Jury may take up Mr. Atkins' case in the next term of court, which begins Feb. 24. If it returns an indictment, it is unclear when his case could go to trial.

Ms. Morgan has another death penalty case heading for trial in Barnwell County. Alfred Tyrone Walker was 19 when he was arrested in the October 2000 killing of two teens and the wounding of a third at a Barnwell Sonic restaurant.

The judge assigned to that case, Judge James Williams, presided over the 2001 case of convicted co-defendant Wallace Priester. He has recused himself from the second case. No new judge has been assigned by the state.

Ms. Morgan said Mr. Atkins could be tried by the end of the year, depending on what happens in Barnwell.

Reach Matthew Boedy at (803) 648-1395 or matthew.boedy@augustachronicle.com.

--From the Tuesday, February 11, 2003 printed edition of the Augusta Chronicle



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