Second Mistrial Declared In 2003 Homicide

On March 25, 2009, Judge Jenkins, judge of the Richmond Circuit Court, declared another mistrial in the homicide trial involving the 2003 murder of Ambrose Carpenter.  In what has now become a disturbing trend in this case, the prosecution failed to disclose evidence to the defendant, Clifford Noel, that at least three of the prosecutions main witnesses had previously provided false information to the authorities. Apparently embarrassed by the non-disclosure, the prosecution essentially conceded the mistrial and there is speculation that they may drop the charges altogether.

This case stems from the 2003 murder of Ambrose Carpenter in the Highland Park area of Richmond.  Clifford Noel and Spencer Peters were charged with the crime based exclusively on the statements of individuals who were convicted of serious offenses and are now seeking reductions in their lengthy prison sentences.  These individuals, who all knew each other, spoke to federal and state authorities on numerous occasions about what they knew regarding the homicide.  The problem for the prosecution is that at least three of the main witnesses provided false information to the authorities and at least one of them provided false information on more than one occasion.  Because the prosecution had a duty to disclose the previous false statements, the prosecution conceded that a mistrial was warranted.

This concession by the prosecution has fueled speculation that the Commonwealth may opt to drop the charges against both defendants.  Spencer Peters, represented by Horace Hunter of the law firm of Hunter & Lipton, was granted a mistrial in October and is now scheduled for trial in May.  Because of the recent developments in the Noel case, the attorney for Peters has filed for a postponement as well as for more information regarding the prosecution’s witnesses.  The prosecution has not yet responded to these requests. 

 

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