Brandon sentencing June 29 in Claiborne|[06/05/07]
Published 12:00 am Tuesday, June 5, 2007
Carl Brandon will be sentenced at 1:30 p.m. June 29 in Claiborne County for aggravated assault and shooting into an occupied dwelling, convictions a jury returned Saturday.
Separately, a motion related to his retrial for murder will be heard at 3 p.m. Thursday.
Brandon, 53, was found guilty in Hattiesburg of wounding Claiborne County road department employee Loretha Porter and shooting into the home of former county administrator James Miller.
On the accusation of murder for the death of board attorney Allen Burrell, Judge Frank Vollor declared a mistrial after the jury of eight women and four men, bused from Claiborne County for the trial, was stumped after nine hours of deliberation.
They knotted over whether Brandon should be convicted of murder or manslaughter, apparently rejecting the defense contention Brandon was insane – not able to discern right from wrong – when Burrell was killed outside his law office March 17, 2006.
A retrial was set for Monday, but a continuance is being sought. Vollor will hear the motion in chambers, said Beverly Pettigrew Kraft of the state’s Administrative Office of Courts.
A second trial, when held, will also take place at Hattiesburg Lodge No. 397, a Masonic Lodge, next to the Forrest County Circuit Court, to allow for a larger facility than the courtroom in Claiborne County, Kraft has said.
Jury selection for the second trial will also be in Claiborne County, Vollor said.
Upon instruction from the bench, murder was defined as “a killing of a human being with malice aforethought if done with deliberate design to effect the death of the person killed. The chief distinction between murder and manslaughter is the presence of deliberation and malice in murder and its absence in manslaughter.”
Manslaughter carries a sentence of up to 20 years. Murder carries one sentencing option: life in prison without parole.
Referring to expert testimony, Brandon’s attorneys argued throughout the fatal shooting was brought on by a delusional mental state caused by the former Claiborne road manager’s 1997 firing following a sexual harassment suit. The suit was appealed to the Mississippi Supreme Court, which, in 2002, ruled against him.
Prosecutors countered with other expert witnesses who disputed the findings of delusional behavior and other cognitive disorders in Brandon.
Burrell, who was 54, had been attorney for the Claiborne County Board of Supervisors since 1980. Both he and Miller participated in the investigation that led to supervisors firing Brandon.
The woman Brandon was accused of harassing was not at work the day of the shooting.