A 14-year-old black boy executed nearly 70 years ago is finally getting another day in court, and his lawyers plan to argue Tuesday for a new trial, saying his conviction was tainted by the segregationist-era justice system and scant evidence.
George Stinney was found guilty in 1944 of killing two white girls, ages 7 and 11. The trial lasted less than a day in the tiny Southern mill town of Alcolu, separated, as most were in those days, by race.
Nearly all the evidence, including a confession that was central to the case against Stinney, has disappeared, along with the transcript of the trial. Lawyers working on behalf of Stinney's family have gathered new evidence, including sworn statements from his relatives accounting for his whereabouts the day the girls were killed and from a pathologist disputing the autopsy findings.
The novel decision of whether to give someone executed a new trial will be in the hands of Circuit Judge Carmen Mullen. Experts say it is a longshot. South Carolina law has a high bar to grant new trials. Also, the legal system in the state before segregation often found defendants guilty with evidence that would be considered scant today. If Mullen finds in favor of Stinney, it could open the door for hundreds of other appeals.