Terrance James

Case information

Terrance James was convicted for the February 6, 1983 murder of Mark Allen Berry in the Muskogee City/Federal Jail. He was executed by lethal injection in Oklahoma on May 22, 2001.

Timeline

• February 6, 1983 — Mark Allen Berry was murdered in the jail shower while he was playing cards with Dennis Brown; Terrance James approached Berry from behind, wrapped a wire around Berry’s neck and strangled him; Brown held Berry’s feet and placed his hand over Berry’s mouth; James, Brown, and Sammy Van Woudenberg hanged Berry’s body in a shower stall to make it appear that Berry committed suicide.
• January 20, 1983 — Terrance James entered a plea of guilty to a single count of theft of government property.
• February 15, 1983 — Terrance James was sentenced to five years’ imprisonment for theft of government property.
• January 6, 1988 — Terrance James’s five-year federal sentence for theft of government property was completed.
• March 3, 1992 — Terrance James filed a motion pursuant to 28 U.S.C. 2255 to vacate, set aside, or correct his federal sentence.
• August 1, 1994 — The United States Court of Appeals for the Tenth Circuit affirmed the judgment denying the motion (with the review treated as a petition for a writ of error coram nobis).
• February 20, 2001 — The U.S. Supreme Court denied Terrance James’s final appeal.
• May 22, 2001 — The Oklahoma Court of Criminal Appeals set Terrance James’s execution date; Terrance James was executed by lethal injection in Oklahoma.
• 9:06pm (May 22, 2001) — Terrance James was pronounced dead.

Background

Mark Berry, Terrance James, and Dennis Brown were in the Muskogee City-Federal Jail. All had been charged with theft of government property. Sammy Van Woudenberg was also in the jail on separate charges.

Terrance James was in jail awaiting trial for theft of government property. James became convinced Berry was a “snitch.”

Terrance James was sentenced to death for the February 6, 1983 murder of Mark Allen Berry at the Muskogee City/Federal Jail.

The offence

On the morning of February 6, 1983, Berry was found hanging by towel-strips in the shower stall of the jail. The coroner’s report stated that Berry was strangled to death with a piece of wire.

According to the prosecution, James, Brown, and Van Woudenberg took part in the murder. James approached Berry from behind, wrapped a wire around his neck and strangled him. Brown held Berry’s feet and placed his hand over Berry’s mouth. Brown and Sammy Van Woudenberg then hanged Berry’s body in a shower stall to make it appear that he had committed suicide.

Investigation and evidence described

Witnesses at Terrance James’s state murder trial testified that James was aware Berry had implicated him in the crime, and that James had murdered Berry because he was a “snitch.”

Terrance James argued that he was unaware of the content of Berry’s statement to law enforcement officers until he read the court’s decision in Berry v. City of Muskogee.

Counsel for the defendants, Weldon Stout, stated in an affidavit that the defendants had all admitted their involvement in the theft and that Terrance James and co-defendant Brown were both aware that Berry had implicated them in his statement.

Other people involved

Mark Allen “Corkey” Berry

Mark Allen Berry, also known as “Corkey” Berry, was murdered while in jail.

Trial

Terrance James and Sammy Van Woudenberg were tried together on first-degree murder charges and both were sentenced to death.

Dennis Brown

Dennis Brown pleaded guilty to second-degree murder and received 35 years’ imprisonment for his part in the murder. Brown also testified against James and Van Woudenberg and was allowed to plead guilty to second-degree murder.

Sentencing

Sammy Van Woudenberg received the death penalty for his role in the crime.

Appeals

The U.S. Supreme Court denied Terrance James’s final appeal on February 20, 2001.

Terrance James’s appeals included a challenge under 28 U.S.C. 2255, filed on March 3, 1992.

In United States of America, Plaintiff-Appellee, v. Terrance Anthony James, also known as Tony James, Defendant-Appellant, the United States Court of Appeals for the Tenth Circuit reviewed an appeal of an order of the United States District Court for the Eastern District of Oklahoma denying the 28 U.S.C. 2255 motion to vacate sentence.

The federal appellate decision described the earlier theft of arms case and the guilty plea:

• Terrance James was indicted with two co-defendants, Mark Berry and Dennis Brown, on four federal counts arising from the theft of arms from the National Guard Armory in Durant, Oklahoma.
• On January 20, 1983, Terrance James entered a plea of guilty to a single count of theft of government property.
• Pursuant to the terms of the plea agreement, the remaining three counts were dropped.
• On February 15, 1983, Terrance James was sentenced to five years’ imprisonment.
• On February 6, 1983, nine days before Terrance James’s sentencing, Mark Berry was murdered by Terrance James and Brown in the jail shower, apparently because Terrance James thought Berry was a “snitch.”
• Terrance James was subsequently convicted of Berry’s murder and was incarcerated in state prison.

The appellate decision described the issues raised in the 2255 motion:

• Terrance James alleged that his attorney’s joint representation of all three defendants deprived him of effective assistance of counsel.
• Terrance James alleged that his guilty plea was not competent or voluntary.
• Terrance James alleged that he was not given a hearing or apprised of his rights pursuant to Fed.R.Crim.P. 44(c).

The appellate decision concluded:

• The district court had been without jurisdiction to decide the merits of the 2255 motion because the federal sentence had expired in 1988 and Terrance James was no longer subject to federal custody.
• The court treated the record as presenting a petition for a writ of error coram nobis because Terrance James sought alternate relief by filing a pleading titled “Motion to Amend Style of Action.”
• The court applied the higher standard for coram nobis relief and determined that Terrance James was not subjected to a miscarriage of justice warranting extraordinary relief.
• The judgment was affirmed.

The appellate decision included a statement of the standard for coram nobis relief:

“The writ is available only under circumstances compelling such action to achieve justice.”

The appellate decision also described counsel for defendants:

“Counsel for defendants, Weldon Stout, stated in an affidavit that the defendants had all admitted their involvement in the theft and that defendant and co-defendant Brown were both aware that Berry had implicated them in his statement.”

The appellate decision quoted Rule 44(c) in pertinent part:

“Whenever two or more defendants have been jointly charged pursuant to Rule 8(b) or have been joined for trial pursuant to Rule 13, and are represented by the same retained or assigned counsel or by retained or assigned counsel who are associated in the practice of law, the court shall promptly inquire with respect to such joint representation and shall personally advise each defendant of the right to the effective assistance of counsel, including separate representation.”

The appellate decision included a procedural determination about oral argument:

“After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.”

The appellate panel decided the case without oral argument.

Outcome

Terrance James was executed by lethal injection in Oklahoma on May 22, 2001, and was pronounced dead at 9:06pm.

Aftermath

Vigils were held at numerous locations around the state, including outside the gates of the penitentiary in McAlester.