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Innocent man to be executed? The South Carolina Supreme Court allows lethal injection despite witness changing testimony

September 20, 2024

13:00

Innocent man to be executed? The South Carolina Supreme Court allows lethal injection despite witness changing testimony

Key Witness Recants, but South Carolina Supreme Court Upholds Execution of Khalil Divine Black Sun Allah

A key witness in a decades-old murder case has recanted his testimony, claiming that, formerly known as Freddie Owens, did not commit the crime for which he is set to be executed. Despite the new testimony, South Carolina’s Supreme Court rejected the appeal late Thursday, allowing the execution to proceed as scheduled on Friday, September 20.

Witness recants: “Owens was not there”

Steven Golden, a co-defendant in the 1997 armed robbery that resulted in the fatal shooting of a store worker, has written to the court stating that Owens was wrongfully convicted. Golden, who was 18 at the time of the crime, testified against Owens during the trial, which led to Owens’ execution sentence.

In a new affidavit, Golden admitted that his original testimony was false, saying Owens was not present at the crime scene. He claimed fear for his life drove him to falsely implicate Owens, as he feared retaliation from the actual shooter’s associates. Golden also said he was under the influence of drugs during his initial police interrogation and that prosecutors had offered him leniency in exchange for his testimony.

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“I am coming forward now to clear my conscience,” Golden said in his statement to the court.

Conviction and legal battle

Khalil Divine Black Sun Allah, now 46, was sentenced to death for the murder of a female store worker during the robbery in 1997. Owens, who was 19 at the time, has consistently maintained his innocence. Although CCTV footage captured two masked men during the robbery, there was no forensic evidence linking Owens to the shooting.

During the original trial, Golden agreed to testify against Owens, becoming a key witness for the prosecution. Golden’s testimony played a critical role in securing Owens’ conviction, while Golden avoided the death penalty.

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Supreme Court rejects new testimony

Despite the explosive new claims, prosecutors dismissed Golden’s recantation as unreliable, questioning the credibility of the witness and the timing of his new statements. The state’s attorney general argued that the new testimony did not constitute “exceptional circumstances” and should not impact Owens’ scheduled execution.

The South Carolina Supreme Court sided with the prosecution late Thursday, ruling that Golden’s new affidavit was not sufficient to warrant a reprieve for Owens. The court determined that the evidence presented did not meet the legal threshold to halt the execution.

Execution set to proceed

As Owens’ legal team continues to fight for a halt to the execution, time is running out. Barring last-minute intervention, Owens is likely to be executed on Friday. The case has drawn widespread attention, raising questions about the reliability of witness testimony and the possibility of wrongful convictions in death penalty cases.

This comes amidst broader national debates about capital punishment in the U.S., with recent reports highlighting the high rate of botched execution attempts.