Wilson family critical of capital prosecution

By Graham Heath
Posted 11/3/09

BAY MINETTE, Ala. — Tracey Goens, the daughter of murdered service station owner Arthur “Bobby” Wilson, said Tuesday she felt “abandoned” by District Attorney Judy Newcomb’s absence and failure to call key witnesses in the capital murder …

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Wilson family critical of capital prosecution

Posted

BAY MINETTE, Ala. — Tracey Goens, the daughter of murdered service station owner Arthur “Bobby” Wilson, said Tuesday she felt “abandoned” by District Attorney Judy Newcomb’s absence and failure to call key witnesses in the capital murder trial of Leslie Eric Buzbee.

While Goens praised assistant District Attorney Michael Pylant’s efforts during the trial, she said Newcomb’s absence from the prosecutor’s table sent a message to jurors and the public that the case was not important.

“She should have been there to assist,” Goens said Tuesday during a press conference at Wilson’s Service Center in Spanish Fort. “It was a complicated case and you feel like she abandoned you.”

After a four-week trial, Leslie Eric Buzbee was acquitted Friday of capital murder charges in the slaying of Wilson.

A mistrial was declared in May when jurors failed to reach a verdict. A second mistrial was declared in August after Pylant objected to late notice of additional witnesses for the defense.

Wilson was found beaten and bloody at his business early on Aug. 11, 2007, and died months later from wounds to the head.

Goens said a key state witness in the first trial was not called in the third trial after “threats” were made against the witness. Goens did not name the person, but said testimony “involved things they had heard.”

Goens said she was “stunned and shocked” by the acquittal. She said she had wanted to comment during the trial but was advised by Newcomb “not to try the case in the media.”

“I think the community wants to know what the family thinks,” Goens said. “It was an emotional weekend. I wanted to take a deep breath and think about what I wanted to say.

“We didn’t choose to be a victim. We assumed the DA would fight for you. We were told not to say anything, but the defense attorney was all over TV.”

Newcomb said Wednesday she asked the family “to be careful” about talking to the media during the trial to prevent case prejudice. She also said there were ethical considerations about prosecutors’ comments outside the court room in a pending case.

Newcomb said her office presented the case and that she was in constant contact with the family.

“Every victim is important to us,” she said. “We are a growing county and expanding county. As it grows, the district attorney has more of an administrative role.

“Trying cases is not the only duties of a DA. I wish I could try more and hope to.”

She also said Mobile County District Attorney John Tyson and state Attorney General Troy King have tried few, if any, cases.

A witness who testified in the first trial refused to testify further because he felt he or his family were in jeopardy, Newcomb said. Circuit Judge James Reid deemed the witness unavailable and put the previous testimony into court records.

During the press conference, Goens endorsed Hallie Dixon, former Baldwin County chief assistant attorney, for the county’s top law enforcement post.

Dixon currently works for the Attorney General’s office and has announced candidacy for the Baldwin County District Attorney’s slot.

“The DA is the law,” Goens said. “I am going to support Hallie. She cares. The community needs to look and see who speaks for us.”

Goens said she believes Buzbee committed the crime, and is “not sure” about launching any civil action.

“I don’t want to go back to court,” she said.

“We are going to be positive now, and that is what dad would want. We miss him. My granddaughter was born the day he died. We have a family and have to bond together and go on.”