Retrial resumes for James Harrison Jr. - WALB.com, South Georgia News, Weather, Sports

Retrial resumes for James Harrison Jr.

James Harrison James Harrison
PHENIX CITY, AL (WTVM) -

A Russell County man sentenced to death back in 2001 is back in court.

James Harrison was convicted and sentenced to death for murdering Fred Day Jr. in 1988.  His retrial was granted because of juror misconduct.

On August 4, the state was trying to convince to the jury that Harrison guilty of the capital murder charge. In order to do so, the state must prove that the murder happened during the robbery. The intent to rob and intent to kill must have co-existed.

The defense has admitted to Harrison murdering Day, but worked to convince the jury Harrison is not guilty of the capital murder and robbery first degree charges. Gray explained that Harrison stole and sold some of Day's CD's and other items for money after Day was murdered. He was trying to explain that Harrison never intended to rob Day in the first place.

The defense was trying to convince the Jury Harrison be charged with murder and theft first degree instead.

There was truly horrifying testimony and evidence shown inside Courtroom 2 on Friday as the state called a Phenix City police officer to the stand and reviewed the officer's original videotaped review of the exterior and interior of the crime scene.

The tape revealed graphic images of a bloodied male body lying on the living room floor with a gaping wound to the front of his neck. 

The state later called or admitted testimony of four witnesses before resting its case.

The defense followed, motioning for acquittal on the grounds that the state hasn't proven intent to rob and murder Fred Day Jr. That motion was denied by Judge Al Johnson.

Attorneys and families of both parties have asked to hold their comments until a decision has been reached.

News Leader 9 will be at the Russell County Courthouse Tuesday morning to bring new updates to this case.

[RELATED: Convicted murderer gets new trial in Russell County]

Copyright 2014 WTVM. All rights reserved.

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