Testimony begins in 2009 double murder
By John Joyce
Published in News on February 9, 2016 1:46 PM
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News-Argus/CASEY MOZINGO
James Carnell Howard, 33, listens during the jury selection process Monday afternoon in courtroom No. 5 of the Wayne County Courthouse. Howard is charged with two counts of first-degree murder and armed robbery stemming from 2009, when two hotel employees were killed.
Testimony begins today in the murder trial of James Carnell Howard, 33, charged with the killing of two hotel employees during a 2009 robbery.
Howard, facing two counts of first-degree murder and armed robbery charges, will defend himself.
Greenville Attorney Steven M. Fisher will serve as "stand-by" counsel, seated behind Howard rather than at the defense table with his former client.
Fisher said that during the first of two pre-trial proceedings, Howard was deemed mentally retarded, which took the death penalty off the table. In the second, by convincing the judge he understood the possible outcomes, Howard was allowed to represent himself going forward.
"The court says that anyone with an IQ that tests under 70 before the age of 18 is (legally) mentally retarded," Fisher said.
But Howard was able to convince the judge at the time, Senior Resident Superior Court Judge Arnold O. Jones, that he understood who all the parties were involved in the trial and what the consequences would be if he loses.
Howard is facing life without the possibility of parole.
According to the state -- District Attorney Matthew Delbridge is prosecuting the case -- Howard shot and killed Suryakant and Bhavanaben Patel in December 2009.
The Patels, a married couple in their 60s, were employees of America's Best Value Inn, a local hotel off of U.S. Highway 70 Bypass. The victims also lived at the hotel.
Delbridge asked potential jurors Monday if they had ever heard of the hotel, of Howard or of the couple known to those in their own circle as "Mama and Papa Patel."
Investigators believe Howard shot and killed the Patels and left their bodies in their room to be discovered later.
Police arrested Howard nearly a month after the killings at another Goldsboro hotel, the Irish Inn, located at 1104 Sunburst Drive.
He has since remained in custody without bond.
In Wayne County Superior Court Room No. 5, Monday, Howard sat alone at the defense table, in civilian clothing rather than an orange jumpsuit, and questioned potential jurors.
"Have you already formed an opinion about me based on my physical appearance," he asked.
He then asked the now-presiding judge -- Senior Resident Superior Court Judge Paul Jones -- to dismiss three jurors, which he did.
Howard, reading from his notes, asked the jurors to show by a raise of hands whether they would presume his innocence until proven guilty and if they would not hold against him the fact he was ignorant of the law.
"I'm going to make mistakes. Forgive me," he said.
After 5:30 p.m., both Delbridge and Howard felt satisfied with a jury of 12 plus two alternates.
The jury will be impaneled this morning followed by opening statements from both the state and from Howard.
Fisher said he was not able to discuss strategy with Howard, but he has spoken to him about the evidence against him.
"It's all physical evidence," Fisher said. "There are no eyewitnesses."
A forensics expert for the defense also coached Howard on some of the technical aspects of the case, such as ballistics, DNA evidence, fingerprints, etc.
But when it comes time to question witnesses and present evidence, Howard will be on his own.
Fisher produced a piece of paper -- torn from a yellow legal pad -- which he had folded in his pocket. On it, scribbled in ink, state statute 15A-1243 described his role in the courtroom:
"To assist the defendant when called upon, and to bring to the judge's attention matters favorable to the defendant upon which the judge should rule upon his own motion."
The state will begin presenting its case following this morning's opening statements.