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VOLUME XCVIII — N ¥ R VIII
West Gets Death For Corpsewood Slayings
‘A seven-woman, five-man jury took two hours and 40
minutes to sentence Samuel Tony West to death Wednes
day evening for the execution-style murder of Charles L.
Scudder and Joseph Odom Dec. 12 at Corpsewood
Estate.
The same jury earlier Wednesday handed down ver
dicts of guilty on two counts of murder and one count of
armed robbery for West after nearly two hours of
deliberations.
West, who had shouted in the courtroom on two occa
sions during the lengthy trial, remained calm as he was
sentenced to die in the electric chair for the double
murder.
The ti’ury bggan the sentencing deliberations at 3:15
p.m. and reached a decision for death at 5:55 p.m. in Chat
tooga Superior Court.
Just before noon Wednes
day, West was led down from
the courtroom after the guilty
verdits were read. ‘‘That man
drugged us at that castle and
I'm going to f)rove it some
way,” West told reporters as
he entered the county jail. .
Attorneys for West, Ben
Ballenger of Summerville and
Clifton M. Patty of Ringfiold.
had maintained throughout
the trial their client was given
an involuntary dosage of
medical-quality LSD by Scud
der moments before the
murderous rampage began.
The jury reconvened after
a noon recess at 1:30 p.m,,
where evidence to West’s
character was presented and
the jury was charged by
Judge Joseph Loggins for the
sentencing phase of the trial.
Before entering the cour
troom, West told reporters: ‘1
hope you, the public, find out
the truth about this before it
happens to you or your loved
ones.”’
After the sentences was
read, West remained in the
courtroom for nearly two
hours under the supervision of
a wall of deputies. _ '
He was whisked away by
law agents to the Flolfi'd Coun
ty Jail, where he will remain
until transfer to a state
prison. ,
West and a second killer in
the Corpsewood murder, Ken
neth Avery Brock Lowrance,
17, who pled iuilty to the
crime last month, are wanted
by Mississip?i authorities for
the murder of Navy Lt. Kirby
Key Phelps at a Vicksburg,
Miss. rest area.
THURSDAY, MARCH 3
After three days of jury
selection, 53 prospective
jurors were drawn out of an
original pool of 100. Court pro
ceedings for the final jury
selection began at 9 a.m. in
Chattooga Superior Court.
Tony West, who had ap
peared in the courtroom dress
ed in a suit during the three
daKs prior to Thursday, was
ushered into the courtroom
wearing street clothes.
West had been taken
earlier that morninil to the
Chattooga County Hospital,
Attorneys Fought Unbeatable Odds
All that we see or seem is but a dream within a dream
— Fdgar Allan Poe. @ :
By JAMES BUDD .
News Editor
Poe’s words might well be the creed of defense at
torneys, especially court-alppointed attorneys chosen to
defend suspects in particularly heinous murder trials.
Creation of illusion and subliminal doubts in the
Lurors' minds is often the onl{ plog such attorneys can
ope to use in defense of their client before a virtual moun
tain of incriminating evidence,
But American jurisprudence dictates the ‘‘show must
goon.”
Such a show has been staged in the Chatto‘(’)&a Court
house this week with the trial of Samuel T. West, con
victed Wednesday evening for the murder of two recluse
men Dec. 12. AR R Gaig
Summerville attorney W. Benjamin Ballenger and Clif
ton M. Patty of Ri;lfgold were West's court-appointed at
torneys for the trial.
With an almost ferocious dedication the attorneys
have defended their client at the expense of their
fi:actice's pocketbook. Like a leopard on a gazelle, the two
ve rendered objections to the court and cross-examined
the Xrosecution's witnesses with sneering precision.
ttorney Patty's bulldog-like tenacity and sharp
senses almost brought the show to an abrupt end after
submitting two motions of mistrial this week.
Last Fridaf‘: morning the &'ury was sent out of the cour
troom while the court considered allowing evidence from
the murder of a naval officer in Mississippi into the Chat
tooga County trial. The door to the jury’s chamber adgoin
ing the courtroom became unlatched and opened slightly.
“‘?our honor, the fjury room door is o%en and I have no
choice but to ask for a mistrial!”’ said Patty.
Judge J ose(rh Logdgins ordered the jurors back into the
courtroom and asked if t.hl\el had overheard the closed
discussion. They had not. ‘‘Motion denied,” Loggins said.
The day before, Patty objected to the sobbing of Mary
Fiumefred}tlio in the courtroom. Mrs. Fiumefreddo, the
sister of murder victim Joseph Odom, app_arentli broke
down as witnesses recalled the bloody scene they en
countered when the murders were discovered Dec. 16.
“Your honor, a woman is crying in the courtroom,”’
By JAMES BUDD
News Editor
complaining of ‘‘chest pains.”
He was treated and released
and went straight to the cour
troom without time to change
into his suit.
He complained to his
sister, Myra Haygood, who
was sittinq nearby the'defen
dant’s table. ‘“They wouldn’t
even let me comb my hair,”
said West.
Attorneys Ballenger and
Patty, taking note of the
situation, asked Sheriff Mc-
Connell to give their client
time to change. The sheriff
obliged.
inal jury selection took
55 minutes to complete, with
the defense using 22 strikes
and the Frosecutlon using 10
to complete a seven-woman,
five-man jury with two male
alternates.
Judge Joseph Loggins in
st.ructeg the jury on what to
expect for the duration of the
trial. ‘“You will be se
questered,”’ he said. ‘‘You will
not be permitted to go home.
You will not be able to
disperse. You will not be per
mitted to listen to radio,
television or read a newspaper
unless it is edited by the
bailiff. I want to caution you
Odom’s Family Entitled To Corpsewood
Chattooga Probate Judge
Jon Payne ruled Wednesday
in favor of the family of Corp
sewood murder victim Joseph
L. Odom in awarding them tfie
estate of Charles L. Scudder,
desgite a claim to the estate
by Scudder’s family members.
““The court has determined
that Charles L. Scudder
predeceased Joseph L. Odom
and that Joseph L. Odom’s
heirs are entitled to the
estate,”” Payne’s decision
read.
Payne, who is restricted bX
a gag order on the case, said,
“It was a mountain of infor
mation and work that had to
be compiled by the court — it
was a burdensome respon
The Summerville News
not to discuss this case with
any living human being."”
The state swore 14
witnesses Thursday morning
and five others later that day
—the first hint at the moun
tain of evidence and state's
witnesses that would prove
impossible for the defense to
den'{.
he defense swore in one
witness — Myra Haygood —
also a hint of events to come.
In opening arguments,
chief prosecutor in the West
case, %alph Van Pelt lgave a
brief summary of what he
thought his evidence would
show. “West did, in fact, cold
ly, and pursuant to a
Bremeditated plan, kill
harles L. Scudder and
Joseph Odom.”’ The brevity of
the opening argument was
somewhat surprising, but the
overwhelming thoroughness
in presenting the state’s case
by Van Pelt erased the open
ing. VanPelt’s closing
arguments lasted over one
hour in contrast to his five
minute opening.
West's leag counsel, Clif
ton M. Patty of Ringgold,
made his opening arguments
and planted in the jurors’
minds the first hint that his
client had been given an in
voluntary dose of LSD in a
bottle of wine by Scudder on
the ongsht of Dec. 12 at Corp
sewood.
““He (Van Pelt expects to
show a premeditated plan,
said Patty. ‘“We contend there
was nothing premeditated
about it. We're going to fight
this hard.”
Patty told the jurf'
‘‘something unusual,
something bizarre happened
ufi) there.” “We submit to you
that this might well have been
an experiment with LSD that
ran amuck.”
Patty said enough LSD
was found at Corpsewood ‘‘to
get all of Summerville high.”
Testimony would show in
sibility.”
The estate now belongs to
Mary Fiumefreddo and two
other sisters of Odom —
Catherine Funk of Penn
sylvania and Cora Mae
Franklin of Illinois. The
estate’s value is reportedly
between $75,000 and
SIOO,OOO.
An appeal of the decision is
likely, said Payne.
Attorneys for the ad
ministrator of Corpsewood
Estate, the site of a brutal
double-murder last December,
have petitioned the court to
allow the sale of the entire
estate and personal belong
ings of the murder victims.
Summerville Attorney
said Patty. -
“I didn’t see it, but the court will not permit it in front
of the jury,” said Judge Loggins, warning the spectators
not to show any emotion.
. Patty’s second motion for a mistrial came Monday
while defendant West was on the stand recalling a hazy
recollection of the murder and his subsequent flight
across half of the U. S.
West, through his attome{‘s, is claiming he is innocent
of the murders because of the involuntary ingestion of
gSD at the hands of one of his victims, Dr. Charles Scud
er.
“It seemed to me like Avery grabbed the doctor and
put a knife to his throat,” said West from the stand..
“Avery got the rifle and at this time I didn’t know what
was happening. I felt like I was in another world.
Everything in the room didn’t look normal. It didn’t look
the same. It was weird. I felt like my soul and my brain
were out of my body.”
As West continued his recollection, Patty abruptly re
quested that the jury be called out of the courtroom.
“Your honor, a gentleman on the front row was making
comments that he (West) sure did have a good memory of
everything to be so high on drugs,” said Patty. “If I
heard, I know the jury must have heard it. I'm going to
have to ask for a mistrial.” '
JUd%% Loggins luestioned Assistant District At
torney' Ralph Van Pelt, who was nearby Patty and the
jurors, if he had heard anything. *'l heard a voice, but I
couldn’t tell what they were saying,” said Van Pelt.
Loggins guestioned District Attorney David
Lomenick. “I didn’t hear a voice, fieriod.” said Lomenick.
“Do you want a voir dire of the jurors?’’ Judge Log
gins inquired of Patty. “Your honor, I askecf for a
mistrial.”’
‘“Motion denied,” said Judge Loggins.
Loggins warned the court. ““If anyone makes any audi
ble sound I will infer that it was done for a swcigc gur
pose,”’ said Loggins. ‘‘That person will be dealt with in
contempt of court. That means everyone — male or
female.”’
The jury was called back in and the show continued.
Perhaps ritual is a better word.
Patty, as lead counsel, was augmented by Ballenfier’s
sharp senses. When cross examining GBI agent Brad
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA 30747 — THURSDAY, MARCH 10, 1983
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Convicted murderer Samuel Tony West,
30, is ushered away by an entourage of
law agents after he was sentenced to die
Wednesday evening by a Chattooga
County jury. The jury found West guilty
of two counts of murder and one count of
armed robbery for the Dec. 12 slayings of
Charles L. Scudder, 56, and Joseph
Odom, 44, at the pair’s castledike home
Arch Farrar Jr. filed a motion
Tuesday in Chattooga Pro
bate Court on behalf of his
client, Mrs. Fiumefreddo and
acting administrator of the
estate, requesting the sale of
the two-story brick home, 40
acres of land and the personal
belongings of victim Charles
L. Scudder.
Scudder, 56, and his live-in
companion, Joseph Odom, 44,
were gunned down Dec. 12 at
Corpsewood.
Mrs. Fiumefreddo was ag
pointed temporary ad
ministrator of the estate
shortly after the murder
because Scudder’s will left his
entire wealth to Odom.
The petition filed Tuesday
Samuel T. West Led Away
requests a hearing March 18
with attorney Bobby Lee
Cook Sr., who is representing
the Scudder family in their
claim to Corpsewood.
If both fiarties agree to the
petition, the 40-acre estate
and home would be auctioned
through the Chattooga Auc
tion and Management Co. Per
sonal belongings, including a
fiold-plat,ed halé) and items
w agents who discovered the
murder claimed were ‘‘items
of devil-worshig" would be
auctioned at the company’s
gallery.
"~ The petition put Scudder’s
monetary worth of $40,000 in
certificates of deposit at the
First National Bank of Chat
tooga County. The pair were
Bonnell about his discovery of three vials of LSD in the
victims’ home and what the defense alleged was the
state’s cover-up of the vials’ existence, Ballenger’s almost
cynical examination apparently scored points with jurors.
“Let me get this straight,”’ Ballenger said. ‘“You found
three vials of LSD — a controlled substance — and you
didn’t think they had any evidentiary value?”’
“What was the evidentiary value of the two (siyringes
you picked up for analysis? Weren't they found in the
same room with the LS%?”
“That’s a true statement,”’ said Bonnell.
“Was there an attempt by the GBI and others to hide
evidence from the defense counsel?”’ Ballenger inquired.
“No,"” responded Bonnell.
“Is there some kind of new trend in the GBI to
overlook drug evidence?’’ said Ballenger.
u“l’m not sure what you mean by trend,”’ replied Bon
nell.
Ballenger further questioned Bonnell on why the
evidence regort by the state, which was given to the
defense, neglected to include the three vials of LSD found
in the victims’ house.
Bonnell said it af)peared to him the suspects were ‘‘in
control of their faculties” and the LSD had no evidentiary
value ‘‘if this druiwere in fact LSD.”
“I'm going to have to object!” shouted Ballenger, in
probab‘B' what was the strongest objection during 5:; en
tire trial.
“Objection sustained,”” said Judge Loggins.
The judge had denied twice the defense counsel’s mo
tion to have the three vials labeled 'LSD-25" analyzed by
the crime lab.
The judge, in fact, had dealt the defense an overwhelm
ing amount of setbacks durix:‘% the trial including ad
missability of three sworn confessions to the crime by
their client into evidence before the jury and the inclusion
of the Mississippi murder of Kirby Key Phelps into the
Georgia trial.
Ballenger has indicated the case will be tried again
after the appeals process. A recent decision by the court
overturning two murder cases in Floyd County on the
grounds the grand jury did not accurat.ell’i reflect the
population nufi(eup of the county will most likely be a fac
tor in the appeals of West’s case. :
called ‘“‘Corpsewood.” West was im
mediately transferred to the Floyd Coun
ty Jail in Rome and will be moved later
to a state prison. West and his partner in
the murder, 17-year-old Kenneth Avery
Brock Lowrance, who confessed to the
killings last month, are wanted in
Mississippi for the murder of a naval of
ficer near Vicksburg.
reportedly living off the in
terest of the certificates of
deposit at the time of the
death.
The petition claimed that
the “items of personal proper
ty are depreciating in value
and the expense of storage
and insuring said items over a
long period of time will further
reduce the value.” Storage
cost of the items was listed at
$935 for three monthsat J. W.
McWhorter Storage Co.
The petition claimed the
isolated estate would be sub
ject to wvandalism, - which
would reduce the value of the
estate further. Insurance for
the property was reported at
SBOS for three months.
subsequent days that three
vials of pharmaceutical LSD,
enough for 12,000 dosages,
manufactured in Switzerland
by the same company that in
vented the druf in 1937, were
found by GBI Agent Brad
Bonnell on Dec. 17 in a desk
drawer at the residence.
Testimony showed that
Van Pelt had knowledge of the
vials “‘within 24 hours” after
the discovery, but the defense
was not notified of the
discover{ until Feb. 24 — five
days before the trial was to
start.
The defense filed a motion
Feb. 25 to delay the trial for
“‘at least 30 days”’ to evaluate
the evidence, gut the motion
was denied. The attorneys
petitioned Jugge Log’Fins
twice to af»prov an analysis
of the vials, which were label
ed “LSD-25.” The motions
wer‘: fcleniod.
ter opening arguments,
the state g:ouént fiymond
Williams to the stand to
testify that he had seen the
victims the day they were kill
ed and returned four days
later only to discover their
murder.
Williams, a friend of Scud
der and Odom, had traveled to
Corpsewood at 1:30 p.m. on
Dec. 12 to inform the pair a
mutual friend was in a Rome
hospital and not expected to
live.
The mutual friend, iden
tified as Roy Hood of Trion,
died Dec. 14 and Williams
returned the following day to
inform Scudder and Odom.
“Nobody was there,” said
Williams. ‘“The jeep was dgone.
IS? I just turned around and
e t.”
Williams returned Dec. 16,
sot out of his truck, and
iscovered the bullet-riddled
kitchen door window to the
home. He left Corpsewood and
went to a residence in the
Mountain View Community,
where he called the sheriff’s
department at approximately
9 a.m.
Williams identified an 8 by
10-inch color photo of the kit
chen window as an accurate
description of what he saw on
the morning of Dec. 16.
Under cross examination,
Williams testified that he
“never saw any type of drug
in the home.”
“Did they ever tell you
about any drugs in the
home?” Patffilinquired.
“No,” Williams responded.
Sheriff's Deputy Greg Lat
ta was the next witness for the
state. He testified to discover
ing the bodies of Odom and
Scudder along with ‘‘two large
dogs.”
Prosecutor Van Pelt asked
Latta to identify two 8 by
10-inch color photos of the vic
tims taken at the crime scene.
The grisly eshot,os depicting
the decay and gunshot
bodies of the victims were
shown to the jury for the first
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COURT-APPOINTED ATTORNEYS FOR WEST
... Clifton Patty (L), Ben Ballenger (R).
PRICE 20¢
time. Several of the jurors
looked at one another in ap
g:rent di:fust at what they
d viewed. :
Dr. James Byron Dawson,
assistant director of the State
Crime Lab, was the next to
testify on the state’s behalf.
Dawson, who was a key
witness in the Wayne
Will:iams lrl;ul'd:a trial in
Atlanta, performed autopsies
on the victims’ bodies me
Funeral Home in Summerville.
on Dec. 16.
Dawson identified strips of
pink bedsheet that were used
to gag and tie Scudder during
his death march from the
“pink room” of the chicken
coog to the residence.
he bloody rags were
draped across the courtroom
raihng in cne of the more
macabre scenes during the
trial.
Dr. Dawson went into
graphic detail about the
wounds sustained by the viec
tims. As the doctor described
the wounds, Mary Fiumefred
do — Odom’s sister — wept in
the courtroom. The weeping
was later drawn to the atten
tion of the judge by attorney
Patty. The judge issued a war
ning against “‘emotional out
bursts.”’
Scudder was shot five
times — including one time at
point blank ranie in the side
of the head, a shot described
by Dawson as a ‘‘pressed con
tact wound.” Scugder’s photo
was shown to the jury as Dr.
Dawson pointed out the
various wounds and their
significance.
Odom, too, was shot five
times to the head — once
below the right ear, once near
the left temple, once by the
right ear ang two times near
his scalp line. Odom was shot
four times by a .22-caliber rifle
and once by a .22-caliber short
pistol.
An examination of the
pair’s stomach content reveal
ed they had eaten just hours
before their death. Accordi
to Raymond Williams, Scxflf
der liked to have his supper at
exactly 5 p.m. Testimony later
showed the murder began
about 6:45 or 7 p.m.
Under cross examination,
Dr. Dawson testified to the
unFredictability of LSD after
defense attorneys probed him
on the matter.
GBI Agent Brad Bonnell
was called to the stand that
afternoon. Durin% Bonnell's
testimony, the defense began
alluding to the prosection’s
cover-up of the vials of LSD.
Bonnell said he discovered
the vials Dec. 17 and thought
they did not have any
“‘evidentiary value.”
‘“‘Let me get this straight,”
said attorney Ben Ballenger.
“You found three vials of LSD
— a controlled substance —
and you didn't think they had
any evidentiary value?”’
““Is there some kind of.new
SEE WEST GETS, page 3-A