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Suddenly, in November, 1994, eight months after Henry Louis
Wallace confessed to his crimes, he filed a motion to suppress the
interviews. His claim was that he was coerced into making the
confession. A hearing was scheduled to review his motion, which
threw the court trial schedule into a dither. His trial date needed
to be postponed pending further investigation.
Examiners studied the case and, in April of 1995, announced their
findings. (These would be printed formally in a document to be
published for Wallace's trial in 1996.) Wallace's argument rested
chiefly on the objection that he was not administered the Miranda
rights until 10 p.m., more than three hours into his interview the
night of March 12, 1994. According to the published report, however,
the attending officers who met with Wallace at the Law Enforcement
Center (LEC) spent the earlier part of the night casually
questioning him about his larceny charge, his drug habit and his
whereabouts at the times the Charlotte women were strangled. He was
charged only after the detectives felt there was enough
suspicion warranting a charge and before he taped his
official Statement of Confession. At that time, reads the summary,
detectives "advised defendant of his Miranda rights, which
defendant said he understood and chose to waive."
Officers had not asked questions that would "elicit an
incriminating response," the report goes on. As well, Wallace
had been given refreshments and snacks and allowed to take
appropriate rest breaks. He was not brutalized, threatened or in any
way pushed into a predicament where he might have felt compelled to
fear for his life unless he responded in a pre-designated fashion.
Once Wallace began confessing, he continued to take breaks,
continued to be fed on a regular basis, and was given duration to
sleep. According to the taped transcript, there is evidence
throughout that the prisoner is speaking at his own will, at-random
and at his own pace. His tone is neither beleaguered nor frightened.
Wallace's motion also cited that he was "induced" to
confessing by a promise from the detectives to let him visit with
his daughter, Kendra, and his girlfriend, Sadie McKnight. The
interrogation team denied this accusation, explaining that Kendra
and Sadie's names came up after Wallace had already agreed to
talk. The transcript supports their explanation in the following
taped dialogue between Sgt. Patrick Sanders (Homicide) and Henry
Wallace:
Sanders:
Has anybody threatened you or—
Wallace:
No.
Sanders:
-- coerced you or made you any special promises?
Wallace:
No, I just want, I just want an opportunity to maybe for the last
time to hold my daughter. I'd like to say goodbye to Sadie. I really
can't speak with my family right now. I think I've caused them
enough problems in my lifetime. My mother did the best job she could
to raise me.
Sanders
You've asked, and I want to clarify that, you've asked us to see if
we can arrange for you to see Sadie and your daughter and we've said
that we will try to do that.
Wallace:
Yes.
Sanders:
But, aside from that, was that an exchange for you talking to us?
Wallace:
Was that in exchange?
Sanders:
Yes.
Wallace:
It was a condition. I wouldn't necessarily say it was an exchange. I
wanted, like I said, for the last time to say goodbye to those
people.
Sanders:
Do you feel like we've used that to get you to talk to us?
Wallace:
No. No, I mean I hope not anyway. I mean, I don't feel that way.
A third charge alleged by Wallace concerned the delay in
presenting him before a magistrate. He was brought before Magistrate
Karen Johnson who came to the LEC just before noon on March 13, the
morning following his confession. The defendant challenged that had
he been taken before a magistrate earlier, he might not have felt
cornered and, therefore, obliged to confess. The police stated that
the delay was due to the fact that the transcripts of the confession
required time to be made and that the defendant needed time to sleep
(which he did from 7:30 a.m. to almost noon of the 13th). After his
appearance before Johnson, he continued to talk openly and without
hesitation about his crimes.
The hearing concluded that 1) Wallace had been given the Miranda
rights in due and proper time; 2) that he made his confession
voluntarily, without any trickery from the police; and 3) that the
delay in bringing him before a magistrate was not based on any
off-handed motivation by the police.
*****
Wallace's trial for murder, which took place at the Mecklenburg
County Superior Courthouse, lasted nearly four months. Court
convened in September, 1996, and concluded in late January, 1997,
with the jury's judgment of death for all nine murders.
Heading the prosecution was Mecklenburg's tough female
prosecutor, Anne Tompkins, fresh from her victory in sending
high-profile child killer Fred Coffey to prison for life. Not an
obstinate hardhead, Tompkins is noted among her peers as a believer
in the truth. As she told her staff, "Our ethical obligation is
to justice – not necessarily to get a win."
Public Defender Isabel Scott Day served as Wallace's chief
attorney. According to the Charlotte Observer, "It's not
unusual for Day to give clients money" to help them out. Her
humanity towards those she defends sets her apart as a hero in the
legal system. She once defended a woman charged with stealing meat
in a grocery store. When she asked why she did it, the woman said
she had never tasted steak before. Day handed her money to buy some.
She told the Observer that, concerning her defense of
Wallace, "All I could do is care about him as a human being...I
did not see in him the monster that other people saw."
For Day, defending Wallace was an uphill, never-a-break, tiring
task, and she had expected it to be. After her failed attempts to
suppress her client's confession statement, there was little she
could do but fight to save him from death. Assisted by the
prestigious law firm of Kennedy-Covington, the team's strategy was
to cast a doubt in the jury's mind as to Wallace's sanity. Two
impressive witnesses for the defense included a pair of experts on
the subject of serial killings, Colonel Robert K. Ressler from the
FBI's Behavior Science Unit, and Dr. Ann W. Burgess, a specialist in
psychosocial development. Ressler testified that he believed the
defendant's actions displayed both organizational and
disorganizational characteristics, which meant that Wallace
exhibited signs of psychological instability. Burgess was of the
opinion that Day's client was unable to separate reality from
fantasy, thus suffering from mental illness.
But, the jury was unmoved. The defense could not weaken the
impression made by the State, with its long line of official
witnesses who talked about the fingerprints on Baucom's automobile,
who played back the tape of Wallace's confession, who recalled
Henderson's ten-month-old boy who was almost strangled to death, and
who described in detail the ghastly expressions on the dead girls'
faces.
On January 7, 1997, the twelve jurors found the defendant guilty
of nine counts of first-degree murder, according to the Appellate
Report, "each on the basis of malice, premeditation and
deliberation". Three weeks later, on January 29, the jury
likewise ruled that Wallace should pay for his crimes with his life.
Presiding Judge Robert Johnston's declaration of nine death
sentences included in the punishment penalties for rape and the
multiplicity of other charges for which he was convicted.
The Charlotte Observer, the Fayetteville Observer
and other newspapers across North Carolina headlined Wallace's
handwritten statement that he had read in court to the families of
the deceased. In the statement, Wallace conceded to the horror he
created, but asked the families for their forgiveness. Quoting the
Book of Mark, he prayed,
"'And when you stand praying, forgive if you have nothing
against anyone: then your Father also which is in Heaven will
forgive you and your trespasses...'"
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