District attorney responds to Amy Bishop Anderson’s Rule 32 challenge to conviction

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MADISON COUNTY, Ala. - Madison County District Attorney Rob Broussard responded to Amy Bishop Anderson's Rule 32 challenge to her conviction Tuesday, saying the court should dismiss Bishop's claims with no hearing.

Though Bishop Anderson exhausted her appeals in August 2013, in July she petitioned the court for relief from her sentence through the Alabama Rules of Criminal Procedure Rule 32 with a hand-written, 46-page document.

In her petition, Bishop Anderson claims she should be relieved from her conviction because:

  • She involuntarily entered a guilty plea
  • Evidence favorable to her case was withheld by the prosecution
  • Her attorneys were ineffective
  • She did not receive an adequate psychiatric evaluation
  • New evidence has been discovered

She added that she suffered from blackouts and hallucinations during her stay in the Madison County Jail.

“During one 'blackout' preceded by a conversation with a dead colleague I attempted suicide with a 'popped-out' razor and had to be taken to the hospital,” Bishop Anderson said in the petition.

She went on to say the medication for her allergies and hallucinations made her unable to think correctly about her options during her trial.

Broussard concluded his objection to the petition saying,

"Each and every one of Petitioner’s claims is nothing more than a desperate attempt to unravel the web which she has woven for herself. Not only did she commit an outrageous crime against innocent people but now she has the audacity in this petition to cast herself in the role as a victim of the system. There is little doubt that the Petitioner is one of the most, if not THE most educated defendant to ever stand before the courts of this county but now she complains that she didn't understand what was happening when she pleaded guilty. On the contrary, the Petitioner and her 3 attorneys negotiated a resolution to her case that, in the face of absolutely overwhelming evidence of her guilt, ensured that she serve out her remaining years in custody without fear of the death chamber. This plea was voluntarily and intelligently entered into by the Petitioner and she got exactly what she bargained for and the Courts have not entertained cries of “foul” from someone who got exactly what they asked for. See, McDougal v. State, 526 So. 2d 897 (Ala. Crim. App. 1988). This Court should not entertain such a claim either.

This Court should deny each and every one of the Petitioner’s claim and dismiss the instant petition, without a hearing, pursuant to Rule 32.7(d) of the Alabama Rules of Criminal Procedure."

 

DA Broussard comments on response

“The Rule 32 contains claim by her that her lawyers were in effective that the judge made mistakes in the process.  It’s something we see all the time,” said Broussard.

Bishop's latest appeal is no surprise, he said.

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“She never wanted to be accountable for her actions, she is now being accountable and she doesn't like it. So no matter what, doesn’t matter what you do, if you give her a trial, you give her the death penalty, she will always appeal it and always be dissatisfied, she did what she did and now she has to live with it," he said.

"She never wanted to be accountable for her actions, she is now being accountable and she doesn't like it." - Madison County District Attorney Rob Broussard

Though Bishop-Anderson exhausted her appeals in August of 2013, in July of this year, she petitioned the court for relief from her sentence with a 46-page handwritten document.

“There couldn’t be a case that’s any clearer as far as somebody’s guilt of the offense. There’s no doubt she’s more intelligent than the average killer, but you know even the dumb ones down there in the penitentiary, they know how to appeal cases, so she’s nothing special.”

Bishop Anderson is serving her sentence of life in prison without parole at Julia Tutwiler Prison For Women.

Read more coverage of the Amy Bishop case on WHNT.com.