Gwinnett woman’s competence could be focus of death sentence appeal
May 2, 2019
"...Moss’s unsettling decision to present no evidence during the sentencing phase of her trial was extraordinarily unusual. It happened at a time when state capital defenders routinely conduct extensive investigations into a defendant’s childhood, schooling and background so they can introduce mitigating evidence to try and convince a jury to impose a sentence of life, not death.
The strategy has been so effective that Moss’s death sentence was the first one handed down in Georgia in more than five years. But her inaction during trial made the jury’s final verdict seem inevitable. And maybe that was the point, some said.
“Was this a suicide by trial?” wondered Denise de la Rue, a jury consultant in Decatur.
Then there is the question Moss’s mental fitness.
In pretrial rulings, Superior Court Judge George Hutchinson found Moss both competent to stand trial, and free to represent herself. She had said she was putting her case in God’s hands, although capital defenders who initially represented her disclosed that she had suffered brain damage.
But the six-man, six-woman jury in Moss’s case heard none of that.
“Representing yourself is very different than sitting there and doing nothing,” said de la Rue, .... “How can anyone be considered competent when they do nothing?”..."
Gwinnett woman’s competence could be focus of death sentence appeal