Ex-Death Row Inmate Wants Confession Left Out Of New Trial
Posted September 11, 2006 8:13 a.m. EDT
DURHAM, N.C. — A former death row inmate who will be retried in connection with the death of a Wilmington high school student wants a judge to throw out his confession.
Attorneys for Todd Boggess argued Monday that a jury should not hear that their client confessed to the 1995 beating death of Danny Pence, claiming the confessions were obtained illegally.
Boggess was convicted in the case in 1997, but the verdict was overturned last year when the North Carolina Supreme Court found that there had been errors during the trial.
Authorities have said that Boggess and his girlfriend, Melanie Gray, drove with Pence from Wrightsville Beach to northern Durham, where they gagged and blindfolded the victim and bludgeoned him to death with a board.
Boggess' new trial isn't scheduled until next year.
Prosecutors have said they will not be seeking the death penalty in the new trial. If convicted, however, Boggess could face life if prison without parole.
Gray was released from prison last November.