Sammy Crystal Perkins

Case record: Sammy Crystal Perkins

Background

Sammy Crystal Perkins was a Black male born on 10/01/1953. He was sentenced to death and was convicted in Pitt County, North Carolina.

Perkins lived with his mother in Greenville on 18 April 1992. He was dating Theia Esther Moore. Perkins had known Moore for ten or eleven years and had been dating her for two months at the time of the killing. Moore lived in the house with her two children and four grandchildren, one of whom was 7-year-old Lashenna “Jo Jo” Moore.

At the time of trial, Perkins was in a wheelchair. He explained that he suffered from a debilitative muscular disease called myasthenia gravis, which he said precluded him from having sexual intercourse in any position where he would have to support himself with his arms.

Perkins testified that he had been drinking and smoking crack cocaine on the night and morning in question. On cross-examination, Perkins admitted that he had a prior conviction for attempted rape in 1981 and that he had been released from prison in 1986. He also had prior convictions for possession with intent to sell and deliver heroin and cocaine in 1988 and 1989.

The offence

On 18 April 1992 Perkins was living with his mother in Greenville. After visiting with his family and drinking several beers, Perkins went to the home of Theia Esther Moore, where Moore lived in the house with her two children and four grandchildren. Perkins returned to the Moore home after leaving for a short time and drank more beer and smoked crack cocaine.

At approximately 3:00 a.m. on 19 April, Perkins entered Moore’s bedroom where Moore and her two grandchildren were sleeping. Perkins watched a pornographic video and then tried to have sex with Moore. Moore was surprised that Perkins was in the room.

Moore discovered a large butcher knife under her pillow. Perkins explained that he had used the knife to open a can of beer. Moore ordered Perkins out of the house. As Moore walked Perkins to the door, her grandson Michael “Champ” Moore rose from his bed and claimed that Perkins had bitten his finger. After Perkins left, he called Moore twice to insist that he had not bitten Champ.

Moore then went to sleep. When she awoke at around 9:00 a.m., she observed that Champ’s finger was swollen. At approximately 11:30 a.m., while the family was preparing to go to church for Easter services, Moore discovered that JoJo was dead.

The evidence tended to show that sometime early that morning Perkins had mounted the victim, held a pillow over her face, and had sex with her. The medical examiner determined that JoJo died of suffocation and estimated that her mouth and nose were covered for a period of between three to seven minutes before she became unconscious.

Perkins testified that JoJo awoke while he was having sex with her grandmother. He said that he put a pillow over her face so that she would not see them. Perkins said that he administered CPR, which he thought was successful in resuscitating her. He then went to the kitchen for a beer, used a knife to open the can, and placed the knife by Moore’s bed. Perkins also testified that sometime in the morning he took Champ to the bathroom and that Champ stuck his finger in Perkins’s mouth and Perkins bit it. Perkins said Moore threw him out of the house after discovering the knife and the biting incident.

Perkins was tried capitally on indictments charging him with first-degree murder and first-degree rape. The jury found him guilty as charged.

The jury convicted Perkins of first-degree rape and first-degree murder under the theories of premeditation and deliberation and felony murder. The jury found all three submitted aggravating circumstances:

1. Perkins had been previously convicted of a felony involving the use or threat of use of violence.
2. The murder was committed by Perkins while Perkins was engaged in the commission of or an attempt to commit first-degree rape.
3. The murder was especially heinous, atrocious, or cruel.

The jury found one statutory and five nonstatutory mitigating circumstances and concluded that the mitigating circumstances did not outweigh the aggravating circumstances, and that the aggravating circumstances were sufficiently substantial to call for the imposition of the death penalty. The jury recommended the death penalty.

In addition to the capital sentencing proceeding, the trial court imposed a consecutive sentence of life imprisonment for first-degree rape.

Investigation

The evidence included the circumstances of JoJo’s death, including that she died of suffocation with her mouth and nose covered for a period estimated to be between three and seven minutes before she became unconscious. The evidence also included testimony about Perkins’s conduct in the early morning hours and the presence of a butcher knife under Moore’s pillow.

In state proceedings, an evidentiary issue involved testimony from a police officer about what the victim’s 3-year-old brother said he saw, including that Perkins was in the girl’s bed and that Perkins, known as “Sea Dog,” had bitten the boy.

Arrest

No arrest date or details appeared in the provided material.

Trial

Following a capital sentencing proceeding, the jury recommended a sentence of death, and the trial court entered judgment accordingly. The trial court also imposed a consecutive sentence of life imprisonment for first-degree rape.

During capital sentencing issues were raised regarding alleged improper influence and evidentiary rulings. The North Carolina Supreme Court concluded that the jury selection, guilt-innocence phase, and capital sentencing proceeding were free from prejudicial error and that the death sentence was not disproportionate or excessive.

A separate dispute in federal habeas proceedings concerned claims challenging counsel’s presentation of expert mental health evidence, finding of no juror misconduct supported by the evidence, and the conclusion that there was no error in excusing a juror for cause.

Perkins maintained during his testimony that his muscular disease, myasthenia gravis, prevented him from having sexual intercourse in positions where he would have to support himself with his arms. He also testified that he administered CPR and that he had been drinking and smoking crack cocaine.

Sentencing

On December 15, 1993, Perkins was sentenced to death in Pitt County Superior Court for the murder of 7-year-old Lashenna “Jo Jo” Moore.

Appeals

State direct appeal: State v. Perkins, 481 S.E.2d 25 (N.C. 1997) (Direct Appeal). The North Carolina Supreme Court held that there was “NO ERROR.” It discussed that the defendant received a fair trial and capital sentencing hearing free from prejudicial error and that the death sentence was not disproportionate.

State habeas: State v. Perkins, 545 S.E.2d 744 (N.C. 2000) (State Habeas). The material described that a petition for relief was denied.

Federal habeas: Perkins v. Lee, 72 Fed. Appx. 4 (4th Cir. 2003) (Federal Habeas). The material described that the district court dismissed Perkins’s petition and that the Court of Appeals affirmed.

Execution-related legal stays and court actions

May 10, 2004 — A U.S. District Court Judge Terence Boyle stayed the execution. April 7, 2004 — Correction Secretary Theodis Beck set an execution date of May 21, 2004 for Sammy Perkins. December 15, 1993 — Perkins was sentenced to death in Pitt County Superior Court for the murder of 7-year-old Lashenna “JoJo” Moore. August 24, 2004 — Execution date reset for Sammy Crystal Perkins. October 8, 2004 — Execution scheduled in North Carolina by lethal injection.

Additional described procedural events included that state and federal proceedings addressed the lethal injection method and arguments for a stay of execution, and that the U.S. Supreme Court issued orders that cleared the way for execution.

Outcome

Perkins was executed by lethal injection in North Carolina on October 8, 2004.

Perkins was declared dead at 2:14 a.m. After the U.S. Supreme Court issued two orders Thursday to clear the way, Perkins was injected with a lethal dose of chemicals.

Aftermath

Perkins’s final meal consisted of: two fried chicken breasts, two fried chicken wings, sweet potato pie, a large order of French fries from McDonald’s, a 20 ounce Coke and a cup of ice.

Perkins made the following final statement before he was wheeled into the execution chamber:

"I would like to say I love my mother, all my brothers and sisters and all my children. I'll see ya'll on the other side."

A media tour for photography access to the execution chamber and deathwatch area had been scheduled for Monday, Oct. 4 at 10:00 a.m., at Central Prison in Raleigh, with Central Prison Warden Marvin Polk explaining the execution procedures during the tour.

Timeline

• December 15, 1993 — Sammy Perkins was sentenced to death in Pitt County Superior Court for the April 18, 1992 murder of 7-year-old Lashenna “JoJo” Moore.
• April 18, 1992 — Perkins was living with his mother in Greenville and went to the home of a woman he had been dating.
• April 19, 1992 — JoJo was found dead; evidence tended to show she was suffocated with a pillow after Perkins entered the bedroom early in the morning.
• 1981 — Perkins had a prior conviction for attempted rape.
• 1986 — Perkins was released from prison after his attempted rape conviction.
• 1988 — Perkins had prior convictions for possession with intent to sell and deliver heroin.
• 1989 — Perkins had prior convictions for possession with intent to sell and deliver cocaine.
• May 10, 2004 — A U.S. District Court Judge Terrence Boyle stayed the execution.
• October 8, 2004 — Perkins was executed by lethal injection in North Carolina; he was declared dead at 2:14 a.m.

Other details

Perkins’s case name included “PERKINS, SAMMY.” The material listed: “DOC Number: 0319156” and “DOB: 10/01/1953,” “RACE: BLACK,” “SEX: MALE,” “DATE OF CONVICTION: 07-27-88,” and “COUNTY OF CONVICTION: PITT COUNTY.”

Perkins was dating Theia Esther Moore when the offence occurred. Moore’s children and grandchildren included Michael “Champ” Moore, who was described as 3 years old, and the victim, Lashenna “Jo Jo” Moore, who was described as 7 years old.

The evidence narrative included that Moore discovered a butcher knife under her pillow and that Perkins explained he had used it to open a can of beer. The narrative also included that Perkins called Moore twice after he left to insist that he had not bitten Champ.