South Carolina prosecutor opposes new trial for woman
WINSTON-SALEM, N.C. (AP) — South Carolina prosecutors oppose a request by a North Carolina woman for a new trial or sentencing after she was convicted of killing her husband.
The South Carolina Attorney General’s Office said there is no evidence to prove the innocence of Kimberly Renee Poole, 40, formerly of Mocksville, the Winston-Salem Journal reported.
Poole’s attorney filed a request in Conway, South Carolina, earlier this year for post-conviction relief from her life sentence.
She was convicted in 1999 of first-degree murder and of conspiring with another man to kill her husband in Myrtle Beach, South Carolina. Brent Poole, 24, was shot twice in the head as he and his wife walked on the beach in 1998. Renee Poole told police a robber had killed her husband.
John Boyd Frazier Jr., 47, formerly of Winston-Salem, is serving a 30-year prison sentence after being convicted of first-degree murder, armed robbery and conspiracy in Brent Poole’s death.
A judge should dismiss Poole’s appeal because she waived her right to claims of ineffective assistance of counsel in an earlier, failed appeal, Johnny E. James Jr., an assistant S.C. attorney general, wrote in response to Poole’s request for relief.
Both the South Carolina Supreme Court and the U.S. Supreme Court refused to consider Poole’s earlier appeal.
Poole’s latest effort also comes too late under South Carolina, James wrote.
She is serving the life sentence at Leath Correctional Institution in Greenwood, South Carolina.
Prosecutors said that Frazier and Renee Poole had an affair and plotted to kill her husband.
Her latest appeal contends her original attorneys did not do enough to try to avoid a conviction.
Information from: Winston-Salem Journal, http://www.journalnow.com