COLUMBIA, S.C. (AP) -- One of the two men on federal death row for killing Marshall University student Samantha Burns and a South Carolina woman has been denied a request to vacate his death sentence.
This week, U.S. District Judge Joseph F. Anderson Jr. turned down the motion from Brandon Basham.
In 2011, Basham said he wanted his sentence and conviction vacated because of mistakes made at his 2004 trial.
He and Chadrick Fulks were convicted of killing Burns and Alice Donovan of Galivants Ferry. SC. after they escaped from a Kentucky jail in 2002. Donovan's remains were found in 2009.. Burns' body has never been found.
The U.S. Supreme Court has also previously turned down a request to overturn Basham's death sentence because of a juror's misconduct.
Both men are in the U.S. Penitentiary in Terre Haute, Indiana.
A three-judge panel of the 4th U.S. Circuit Court of Appeals on Tuesday rejected claims by Chadrick Fulks that he was denied effective representation in court. Fulks also unsuccessfully challenged the prosecution's use of statements co-defendant Brandon Basham made to the Brunswick County sheriff.
Fulks pleaded guilty and Basham was convicted of kidnapping and killing 44-year-old Alice Donovan during a two-week crime spree after they escaped from a Hopkins County, Ky., jail in 2002. Federal juries sentenced both men to death.
Fulks and Basham also pleaded guilty to killing 19-year-old Marshall University student Samantha Burns during the crime spree.
Chadrick Fulks says in a letter filed in federal court this week
that he respects a federal judge's denial in August of his request
for a new trial.
Fulks pleaded guilty and co-defendant Brandon Basham was
convicted of kidnapping and killing 44-year-old Alice Donovan
during a two-week crime spree after they escaped from a Hopkins
County, Ky., jail in 2002.
Both men were sentenced to death by federal juries, and the U.S.
Supreme Court has turned down their individual appeals.
Fulks and Basham also have pleaded guilty to killing a West
Virginia woman, 19-year-old Marshall University student Samantha
Burns, during their spree.
Fulks had asked for a new trial during a week long hearing back in February.
The reports say U.S. District Judge Joseph Anderson Jr. denied the motion by Fulks on Tuesday.
Fulks is on federal death row for the murder.
He has also been convicted in the death of Marshall University student, Samantha Burns.
Monday, they are expected to make the request during a hearing in Columbia, South Carolina.
Fulks is on federal death row for the kidnapping and murder of Alice Donovan of South Carolina. He was also convicted in the death of Marshall University student, Samantha Burns.
Fulks and co-defendant Brandon Basham escaped from a Kentucky jail in 2002 and the went on a two-week crime spree.
His new defense team says he should get a new trial because his original lawyers were ineffective.
Attorney Beattie Ashmore says his client's assistance in finding Donovan's remains should also be taken into account in determining his fate.
Fulks is expected to appear by video conference from federal death row in Terre Haute, Indiana.
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