State to call final witness in trial
By John Joyce
Published in News on February 11, 2016 1:46 PM
The state is expected to call its final witness today in the trial against James Carnell Howard, 36, charged in the 2009 killing of two hotel employees.
There is no indication yet whether Howard, representing himself, will put on a defense.
Closing arguments could come as early as this afternoon, followed by jury instructions, deliberations and potentially a verdict.
Howard is facing life in prison without the possibility of parole if convicted on the two counts of first-degree murder and two counts of robbery with a dangerous weapon he is facing.
Investigators allege that Howard entered the room of two Indian immigrants working and living at the America's Best Value Inn on U.S. Highway 70 Bypass Dec 19, 2009, and shot and killed them. He then stripped them of their jewelry and cash and closed the door behind him, a pot of curry was left on the stove to burn, according to the state.
He was arrested a month later on a separate charge while staying in another hotel where police found the murder weapon. A cell phone stolen from one of the victim's was also recovered and traced back to Howard, whose fingerprints were also in the victim's room.
State's witnesses Wednesday included lead investigator, then-Sergeant Dwayne Dean, now a Captain with the Goldsboro Police Department, and N.C. Chief Medical Examiner, Dr. Deborah Radisch.
Three expert witnesses from the State Bureau of Investigations Crime Lab then testified to the validity of the forensic evidence in the case. DNA evidence, along with fingerprints and ballistics testing all point Howard, the state argued.
Howard's long-time attorney, Steven M. Fisher, of Greenville, is seated behind Howard rather than next to him at the defense table. He is allowed to assist Howard only when called upon by the judge or to bring matters favorable to the defendant to the judge's attention, according to the state statute.
Fisher said prior to the start of testimony that Howard -- deemed mentally retarded by the state in an earlier proceeding -- is intelligent enough to understand who is who in the trial and what the potential outcome is, should he lose. That satisfied the state's requirements for Howard to be able to defend himself, which was determined in a later proceeding.
"It's a bit of a different standard," Fisher said.
Whether or not Howard chooses to present evidence, he will have an opportunity to deliver a closing argument -- his last chance to persuade jurors that the state did not prove has guilt beyond a reasonable doubt.
He asked during jury selection and again in his opening statement, that jurors keep an "open mind" about him, and forgive any legal mistakes he might make through the trial.
"I've never done this before," he told them.