Opening statements and witness testimony began Thursday in the resentencing trial for one of the men sent to death row for kidnapping, robbing, and murdering a Jacksonville couple.
It happened in 2005 – Reggie and Carol Sumner were reported missing from their home. They were found dead a few days later in a grave in Southern Georgia. The medical examiner said they were buried alive.
Two of the men involved are being resentenced because a jury didn’t unanimously recommend the death penalty. Jury selection for Michael Jackson and Alan Wade started earlier this week.
A judge agreed to separate the trials, starting with Alan Wade.
State prosecutors say Wade was already convicted of two murders and asked the jury if justice is served by Wade dying of old age – or should there be a greater punishment.
The defense argued Wade wasn’t the mastermind behind this whole thing.
But court grew tense after the state called co-defendant Bruce Nixon to the stand.
“We were on drugs during this whole thing, I was on Xanax, he filled in the blanks, I was guided into this testimony,” Nixon said. “I was 18 doing what my attorney told me to do.”
Nixon was convicted of six felony counts of murder, kidnapping, and robbery of Carol and Reggie Sumner. The Jacksonville couple was buried alive in 2005.
Nixon told the jury his lifelong friend Alan Wade called him randomly one day saying let’s dig a hole.
Nixon got four shovels from a neighbor, and he, Michael Jackson, and Wade dug a 6-foot hole in Charlton County, Georgia. Nixon says he didn’t know what the hole was for. But then the state started referring to his statements in previous testimonies – which Nixon denied.
The judge says Nixon is exposing himself to perjury and that he didn’t want him on the stand unless he knew what he was doing.
The state gave Nixon two options. “You can either exercise your right to remain silent or continue to address the jury,” state prosecutor Alan Mizrahi said. Nixon replied, “I just want to tell the truth.”
The state didn’t ask him any more questions and the judge didn’t allow cross-examination, which didn’t sit well with the defense. The defense told the judge they would call Nixon back up to the stand and the judge responded –”if you’re crazy enough to do it so be it.”
The judge decided to have someone talk to Nixon about the ramifications of taking the stand. This gives an opportunity for the defense to cross-examine him.
Also on the stand today -- the Medical Examiner who performed the Sumners’ autopsies, a transcript from Carol Sumner’s daughter was read, and we heard from the lead detective in the case. This was the only time we heard cross examination, and it was about Alan Wade’s involvement.
The state said Wade had a check on Reggie Sumner’s account for $8,000, and that he was there when Michael Jackson and Tiffany Cole impersonated the Sumners while on the phone with police.
The defense responded by getting the detective to agree that Michael Jackson was the mastermind behind all this and that the detective didn’t know if Wade was present during that phone call.
The state will pick back up Monday with their victim impact statements, starting at 10 a.m.