Lance Martin

Edward Earnest Hartman Advertisement

Herald Staff Writer

RALEIGH - Edward Earnest Hartman's fate rests with the U.S. Supreme Court and Gov. Mike Easley.

Hartman is scheduled to die Friday at 2 a.m. at Raleigh's Central Prison for the 1993 murder of a Northampton County man.

Wednesday, the N.C. Supreme Court rejected a petition from Hartman and his attorney Heather Wells to stop the execution.

Wells said this morning she filed an appeal with the nation's highest court to stay Hartman's execution alleging anti-gay bias during his trial. She should know sometime later today what the court decides.

Wells said Hartman does not deny he killed Herman Smith Jr. "Eddie takes responsibility. He should be punished. He should not be given the death penalty because he is gay."

Hartman's attorneys argue prosecutors in his trial engaged in a deliberate campaign to prejudice the jury against Hartman because he is gay.

At issue is the defense contention that Hartman was unfairly treated because a prosecutor repeatedly referred to Hartman's homosexuality, which had nothing to do with the killing.

"The governor should not let stand a death sentence procured on such arbitrary and discriminatory grounds," Wells told The Associated Press.

"From jury selection through the cross-examination of several penalty phase witnesses, the prosecution repeatedly made references to Eddie's homosexuality. Eddie's homosexuality has no relevance to the crime or the circumstances surrounding the crime and no relevance to whether he should live or die."

On Wednesday, the Inter-American Commission on Human Rights requested the U.S. government intervene to preserve Hartman's life so the commission could investigate the case.

Hartman was sentenced to death for killing the 77-year-old Smith in the Pinetops community of Northampton County. Wells said Smith was a former boyfriend of Hartman's mother and was living at Smith's house.

After meeting with the governor Tuesday, Northampton County prosecutor Valerie Mitchell Asbell told The Associated Press appellate courts have already examined the issues regarding references to Hartman's sexuality. They found no reason to reverse the case on those grounds, she said.

"This is a case where the victim was 77 years old and killed in his home," Asbell said. "This killing was premeditated. It was a horrible killing."

Hartman told authorities he consumed 16 cans of beer before he fired a pistol at close range into Smith's head while the man sat in a recliner and watched television.

Court records show Hartman told a friend Smith was wealthy and carried thousands of dollars in his pocket. After the killing, Hartman took the victim's car and left the body in the chair. He returned five days later after taking several trips where he wrote checks on Smith's bank account. Bothered by the smell, he dragged the body to a horse stable and buried it.

Horses in the stable trampled the ground so thoroughly that it would have been impossible to tell where the body was buried. After he was identified as the suspect, Hartman led officers to the spot.

"Eddie confessed and cooperated with the authorities," Wells said. "The facts of the crime as undisputed. Today, he accepts responsibility. Eddie wasn't able to say why it happened then and he's not able to say why it happened now."

The rejection by the state Supreme Court was the second in the past two weeks. Last week, the court rejected an appeal in which Hartman's lawyers contended the form used for his indictment was illegal because it didn't list reasons for a death sentence.

The court already has ruled in another case that the state's short-form indictment for capital cases is legal.

The Department of Correction announced witnesses for the execution.

Officials witnesses are Larry Smith, a member of the victim's family; Denise Williams Cherry, a victim and witness advocate; Chief Alan Royce of the Rich Square Police Department; Sheriff Wardie Vincent and Maj. Bill Wheeler of the Northampton County Sheriff's Office.

Media witnesses are Andrea Weigl of The News & Observer, Lance Martin of the Roanoke Rapids Daily Herald and Bill Holmes of The Associated Press.