Osborn sentences Hudson to death

By Keith Strange

G-V Staff Writer

The Halifax County Circuit Court gallery erupted into cheers as tearful family members and friends of the victims learned yesterday that James Bryant Hudson will face execution for the murders of three members of the Cole family.
Judge Leslie M. Osborn said that after careful deliberation he could find no mitigating evidence to warrant less severe punishment.
"These killings were cold-blooded and senseless," he said. "There is no evidence of motive or justification. The victims were innocents."
Maintaining his silence throughout his February 7 trial and Tuesday's sentencing hearing, Hudson, 55, stood expressionless as the sentence was read.
Osborn said the fact that the defendant failed to express sorrow for the murders weighed on his decision.
"The defendant gave no testimony in his defense and has offered no evidence of remorse," he said.
"He has a history of criminal offenses against Linda Cole and his own brother," Osborn added.
Although many expected the judge's ruling Tuesday, Osborn said he needed more time before rendering a sentence.
"Mr. Hudson, having considered all the evidence and after consideration of your prior history, on the capital murder charge, I sentence you to death. On the charge of first degree murder, I sentence you to life in prison," he said.
Hudson also received two five-year sentences for the use of a firearm in the commission of murder, and must pay the Cole family $23,099 for the cost of three funerals.
At trial, Hudson was convicted of one count of capital murder, one count of first-degree murder and two counts of the use of a firearm in the commission of murder.
The capital murder charge stems from the murder of the two Cole brothers, while the first-degree murder conviction is the result of the shotgun death of Patsy Ayers Cole.
Commonwealth's Attorney John Greenbacker, who prosecuted the case, said yesterday that he felt the punishment was fitting.
"I think this was the only logical verdict based on the law that could have been rendered," he said. "The crimes were cold-blooded, premeditated and without justification.
"We didn't have any signs of remorse or even an excuse," the prosecutor said. "When you put all of these things together, all of the standards applied to this case show that this was a death penalty case."
Greenbacker said he hoped the verdict would offer the victims' families a semblance of closure.
"I only hope the Cole family will heal the best way they can on this," he said. "I think they were vastly relieved by this verdict."
The defendant pleaded guilty at his trial to the July 3, 2002 shotgun murders of Patsy Ayers Cole and her husband Thomas Wesley Cole, both 64, and Thomas' brother Walter Stanley Cole, 56, on Virgie Cole Road.
Each was killed by close-range shotgun blasts.
Hudson is scheduled to be transported to the Greensville Correctional Center to await imposition of the sentence.
Although death sentences are automatically appealed, Osborn set Hudson's execution date as October 28, 2003.
At Tuesday's sentencing hearing, Hudson refused to make a statement or allow his attorney to present any evidence in his defense.
Shortly after the sentence was read, Stanley Cole's wife, Linda, said she was relieved Osborn sentenced Hudson to death.
"This restores my faith in the judicial system," she said. "The death penalty is what the Cole family wanted. I was glad the judge could do it.
"We were concerned after the two-day waiting period, but were hoping it meant he (Osborn) wanted to be absolutely sure.
"I think this will give us some closure," she added. "And maybe a little relief."

Hinson is convicted in murder scheme

BY JOE CHANDLER

G-V Staff Writer

LYNCHBURG - A 12-member jury panel deliberated for two and a half hours yesterday before convicting 61-year-old Halifax County resident Leo Hinson and Pittsylvania County resident John Cardwell on charges of attempted murder for hire and conspiracy.
Hinson was convicted in United States Western District Court on five charges relating to an attempt to hire Halifax County resident Tommy Cole, convicted drug dealer, to murder a federal witness Eric Brown
He was also convicted of a conspiracy charge relating to the crime.
No "hit" on Brown was actually carried out.
In addition, Hinson was found guilty of possessing a firearm after having been convicted of a felony, giving him convictions on each of the six charges he faced.
The firearm was a Ruger handgun police recovered while executing a search warrant on Hinson's Halifax County residence following his arrest late February 7, 2002.
Cardwell was convicted of attempting to solicit Cole to kill Brown, and conspiracy.
A sentencing hearing for Hinson and Cardwell has been set for July 7 at 11 a.m. in the Lynchburg courtroom.
Hinson was convicted of soliciting Cole to murder Brown or aiding in having a witness killed, attempting to murder Brown because of Brown's assistance to federal agents, attempting to murder Brown to prevent him from participating in official proceedings such as court trials, attempting to murder Brown in retaliation for assisting federal investigators and conspiring with Cardwell in an attempt to murder Brown.
Assistant United States Attorney Don Wolthuis said he was pleased with the jury verdicts.
"I think they (the jury) listened carefully to the evidence," Wolthuis said.
"The verdict reflects the evidence."
Halifax County Commonwealth's Attorney John Greenbacker said yesterday that Hinson was "a major menace to Southside Virginia and Halifax County."
"There has been no more important drug prosecution than this in the entire history of the drug task force," Greenbacker added, lauding the hard work of Regional Drug Prosecutor Jeb Terrien and Wolthuis.
Hinson and Cardwell were charged with attempting to hire Cole, a man convicted on 12 federal drug charges and who was working for police as an undercover informant, to kill Brown.
Brown was expected to testify against an alleged Hinson associate, Phillip Barfield, and possibly against Hinson.
Brown, a former Halifax County resident who had been of state and federal drug distribution charges, and Cole, were among the chief witnesses for the government during the four-day trial.
Prosecution Charges
Government prosecutors charged that Hinson solicited Cole to commit the murder during an October 2001 meeting between Hinson, Cole and Cardwell at a Danville restaurant.
Cardwell, prosecutors allege, agreed during the meeting to act as the "middle man" between Hinson and Cole.
Prosecutors contended that Cole was hired during a January 29, 2002 meeting with Hinson, a meeting at which time he provided Cole with a payment and the necessary information to carry out the Holden Beach, NC, "hit."
Government prosecutors presented evidence earlier in the week that Hinson paid Cole for the job on the night of February 7 when Cole met him at his home and brought Hinson a copy of a Brunswick, NC newspaper containing an article stating that Brown and his wife, Robin, were missing.
In his closing arguments yesterday, Wolthuis told the jury, "justice results when the truth comes out. It's really hard to think of a more heinous crime than murder-for-hire to suppress the truth."
He called the case "reprehensible" and said Hinson and Cardwell were "willing to take two people's lives for their own benefit ...to cover crimes and fulfill their own greedy dreams."
Wolthuis called Hinson "the mover, the shaker and the originator" of the alleged plot to have Cole kill Brown.
He said Cardwell was "coming along for the ride... hoping to cash in on money he never realized."
The prosecutor characterized Caldwell as "a desperate man," a man who was operating out of "plain old-fashioned greed."
Wolthuis also said Cardwell was "a man who wants to sell his soul to the mob for a loan," a loan Cardwell believed Cole was going to procure for him through connections Cardwell believed Cole had with the mob "up North."
Defense Rebuttal
Tom Maher, one of Hinson's attorneys, argued that Hinson never solicited Cole to murder Brown. He pointed out "every time Brown is discussed, Tommy Cole brings it up."
Maher also charged that Cole and Cardwell were "two people BSing each other" and classified Cardwell as "all talk."
He noted that no fingerprints were found on the gun recovered at Hinson's home.
Similarly, Cardwell's attorney, Randy Cargill, said Cardwell was "a desperate man who did a lot of talking but nothing else."
He also stated that his client "did not deliver a photo (of Brown), an address, money or instructions from Leo Hinson" to Cole and that Cardwell was not in the picture after November, 2001.
Defense attorneys for Hinson and Cardwell called no witnesses yesterday.
The defense entered a pretrial report filed by an officer of the federal court system prior to Hinson's appearance before a federal magistrate judge in Roanoke.
That report, based on a court officer's interview with Hinson on February 8, stated that Hinson appeared incoherent, was "unable to communicate clearly" and "is seriously ill."
The report indicated that Hinson did appear coherent for one brief span during which he asked for his attorney.
Sgt. H.L. Farmer of the Halifax County Sheriff's Department testified that during the search of Hinson's home, police recovered documents including a discharge summary from a psychiatric hospital dated March 21, 2001.
Farmer testified that the summary showed Hinson was treated for abusing prescription medication.
He testified that during the search a prescription bottle containing some quantity of Oxycontin pills was found.
Trip To Roanoke
Special Agent Ross Sheets, one of the two police officers who transported Hinson to Roanoke City Jail following his arrest, testified that the trip to Roanoke took the better part of two hours and that they arrived in Roanoke at approximately 2 a.m. on February 8.
Hinson, Sheets said, "appeared to be coherent and knew what was taking place."
Sheets testified that during the trip to Roanoke they talked to Hinson and that Hinson talked about farming and breeding cattle.
As they were nearing Roanoke, Special Agent David High asked Hinson what took him so long to come to the door when police arrived at his residence, Sheets testified.
"Mr. Hinson said if he knew it was police there would have been a gunfight," Sheets stated.
"He said he'd rather had been killed than go to jail."
During his testimony yesterday, Farmer stated that over 100 items, including three tubs of personal records and documents belonging to Hinson, were seized during the search of his home.
The handgun and a large quantity of ammunition were also found, along with a piece of charred ash that had printing on it.
Farmer said the piece of charred ash matched an edition of the Brunswick County, NC newspaper that Cole delivered to Hinson as alleged proof that he had carried out the hit on Brown and his wife.
Wednesday, Hinson's attorney, David Rudolf, and Cardwell's attorney, Cargill, challenged Cole's testimony.
During questioning, Cole, 43, admitted he is a liar, something that is part of the illegal drug trade.
When Rudolf asked Cole if he was a fairly accomplished liar, Cole replied, "That would be fair to say."
Cole also admitted that the cases against Cardwell and Hinson were based on lies he had to live in his dealings with Cardwell first and later with Hinson.
Cole said he had lied to Cardwell when he told him he had Mafia connections where he could get a loan.
"That's the way the game works," he said.
Cardwell, the former operator of a Chatham real estate firm, never made a deal with the Mafia.
Cole also testified it was he, not Hinson, who initially brought up the subject of the "hit" on Brown when he, Hinson and Cardwell met in Danville in October and on subsequent occasions.
Brown was a federal witness against an alleged Hinson associate, Phillip Barfield.
At the time, Barfield was facing federal drug charges in North Carolina. Brown was also seen as a potential witness against Hinson.
Cole said he, not Hinson, was the person that brought up the "hit" a second time and that he had told Hinson to provide him with a photo of Brown and Brown's address and that he could "consider it done."
Under questioning by Rudolf, Cole testified that when he left the meeting neither Hinson nor Cardwell had provided him a description or photo or address for Brown.
He also said that after a series of conversations and meeting he had with Cardwell over a period of three weeks ending in October, Cardwell never called him again, that it was he who contacted Cardwell twice on November 14, 2001.
Under further questioning, Cole testified Hinson told him that he did not want Brown shot.
Instead, he wanted Cole to drug Brown, using a drug that would make Brown lose his mind.
Cole testified he changed the plan at a January 29, 2002 meeting with Hinson and told him he was going to kill Brown.
In addition, Cole testified that Cardwell had taken no action other than utter the words "I'll be the middle man."
Under continued questioning by Cargill, Cole testified that in his meetings with Hinson on January 29 and February 7, no mention of Cardwell was made.
Cole Wanted His Freedom
Cole admitted that between 1994 -1999, when he was dealing drugs, his motivation was money, and now his motivation is gaining his freedom or a reduction of his sentence.
Cole is awaiting sentencing on 12 federal charges. He pleaded guilty to the charges on October 11, 2001.
He is facing a maximum sentence of three life terms and a minimum sentence of 115 years in prison.
In a plea agreement, he agreed to work with police to obtain evidence and help make cases against other individuals.
His hope, Cole said, was that cooperating with police could possibly reduce his prison sentence.
The convicted drug dealer testified he accomplished one of the jobs police asked him to perform ­ recover a machine gun that he had allegedly left in the hands of another person. Cole stated he recovered the gun in Mecklenburg County.
His other job, Cole said, was to cooperate with police in making a case against Hinson and Cardwell.
Government prosecutors used Cole to get in a few more shots Wednesday morning.
Cole testified that near the end of a recorded meeting on January 29, he told Hinson he would do what he had agreed to do earlier ­ murder Eric Brown.
"I was going to Holden Beach, NC, and find Eric Brown's house and do him and find Spencer Barfield and do him," Cole testified.
He said police took him to the area and he spent some time there to familiarize himself with its landmarks.
He testified that he made four attempts to meet with Hinson on February 7 but made contact on only two occasions.
On the first visit, Cole had carried the Brunswick County newspaper reporting Brown and his wife missing.
Cole testified he told Hinson he had go back to "the steakhouse plan," a plan formulated during an October 23, 2001 meeting between him, Hinson and Cardwell at a Danville restaurant.
He explained that what he meant was he had to shoot the couple instead of using drugs on them. Cole said he told Hinson he removed the bodies, took them to a cement manufacturing facility and pushed the bodies into a cement chute where they were ground into the cement mixture.
Hinson Reacts
"He (Hinson) said 'that's good because I don't want no bodies found,'" Cole testified.
"I said 'make me happy like you said you were going to do,'" Cole said he told Hinson.
Cole testified that after Hinson read the story, Hinson went around getting money from several places in the house and began counting out what turned out to be $2,800 that Hinson gave him at that time.
"He said 'hell, I'm so excited I can't count,'" Cole testified.
Cole testified Hinson took the newspaper and went outside and burned it. Hinson, Cole testified, made two trips into the house carrying the ashes to the toilet and then flushing them down the toilet.
The jury watched footage taken by a hidden camera planted by police showing Hinson burning the newspaper and then taking the ashes inside.
When asked what Hinson's state of mind was, Cole replied, "He was happy."
Cole testified that also on that day, Hinson asked him if he could get to and murder Phillip Barfield who was in jail.
"I told Leo some people I'd worked with before up North may have some connections," Cole testified he told Hinson.
"He said he'd pay me $100,000 to see him dead. I said I'd check and see if they had somebody who could get to him (Barfield)."
Due to mechanical problems, the police did not get a good recording from the audio devices planted on Cole. Government attorneys had to rely mostly on Cole's direct testimony with regard to that meeting.
Cole testified police asked him to return to Hinson's Halifax County home and use a cover story that he needed an additional $5,000 and to tell Hinson that he had contacted the people up North he needed to get in touch with and that they had said they need $10,000 up front for the inside prison "hit" on Phillip Barfield.
Cole testified Hinson met him at the door on the final time he attempted to make contact with him on that date told him to whisper in his ear.
He said he told Hinson that his contacts said they would have somebody in the prison "shank" Barfield.
Hinson told him to tell his contacts not to kill Barfield that way, Cole testified.
"He told me he wanted them to take a shoestring, put the shoestring against his (Barfield's) neck and cut off the blood flow to the big artery," Cole said.
Cole also testified Hinson told him to also tell them that after Barfield drops to the floor to hold the shoestring tight for another 30 seconds after Barfield stopped moving.
Rudolf, during defense questioning, asked Cole if he was aware that Hinson was taking Oxycontin when they met on February 7, 2002.
"No sir," Cole replied.
"He told me he wasn't taking them. He said he had gotten off of the thing."
Brown Testifies
Brown took the witness stand Wednesday and testified he is familiar with both Barfield and Hinson.
"I sold marijuana for him," Brown said of Barfield.
Brown testified he met Hinson a couple of times at Bud Barfield's farm at Newton Grove, NC.
"He had delivered marijuana to Bud Barfield's," Brown said.
When asked by prosecutors how many times he had seen Hinson deliver marijuana to Barfield's farm, Brown replied, "about five times." He noted that Phillip Barfield received the marijuana.
Brown testified he had three meetings with Hinson while wearing recording devices provided by police, the first of which occurred in October, 2000 at Hinson's home in Halifax County.
The "cover" story Brown said, was "to tell Leo I had been questioned by authorities about him taking pot to Phillip Barfield's," Brown explained.
According to recordings, Hinson told Brown he did not remember the conversation.
A second meeting occurred in November, 2000 at a department store parking lot at Mount Olive, NC.
"I gave him (Hinson) a fake tape we (he and police) had made of them (the police) questioning me about the time Hinson delivered marijuana to Bud Barfield's house," Brown said.
The reason for doing that, Brown testified, was to gain Hinson's trust.
When asked how Hinson acted that day, Brown said Hinson acted "like he didn't remember much."
The third meeting, in November, 2000 at a real estate office in Loris, SC. Brown said Hinson called him to set up the meeting.
Brown testified Hinson told him that he (Brown) had shaken him up when he showed up on Hinson's doorstep in Halifax County and then provided him the tape.
On the tape, made by Brown, Hinson was heard telling him "one of the best things you can do is never remember something you have done in the past."
Hinson is also heard asking Brown what he could afford to pay for marijuana without having to go out and deal (marijuana) on the streets.
"The most I'd be willing to pay is eleven ($1,100 per pound of marijuana)," Brown said on the tape.
"Anything over 11, I can't do it," Brown added.
Defense attorneys attempted to show to the jury that Brown was another convicted felon attempting to reduce his prison sentence by working with police.
Brown pleaded guilty to federal drug charges in North Carolina relating to marijuana trafficking and to state drug charges in Halifax County for distributing and trafficking marijuana.
He said he was sentenced to five years probation on the federal charges and was sentenced to time served for his convictions in Halifax County.
Both sentences were in accord with plea agreements Brown made with prosecutors to help build cases.
Maher, one of Hinson's defense attorneys, told the jury that in 1994 Brown was "a small-time marijuana dealer" and was a man "addicted to using drugs and smoking cocaine."
When asked by Maher if that was true, Brown said those things were true.

County jobless rate still in double digits

Halifax County's unemployment rate dipped slightly in February, falling by three-tenths of a percent to 11.5 percent from the January figures of 11.8 percent.
In February, 2002, the county recorded 12.5 percent unemployment.
But the county still holds the seventh highest jobless rate in the state.
Statistics released by the Virginia Employment Commission indicate that 2,225 county residents are currently unemployed.
The county has a civilian labor force of 19,300.
Danville's unemployment surged in February finishing at 7.5 percent. In January, Danville listed a 6.9 percent unemployment rate.
Danville registered the highest unemployment rate among the state's metropolitan areas.
Pittsylvania County's unemployment also increased, up from 5.9 percent in January to 6.6 percent.
The news was a little better in Charlotte County, with the jobless rates falling from 6.8 percent in January to 6.4 percent in February.
Mecklenburg County's unemployment rose slightly in February, to 12.4 percent from the January rate of 12.3 percent.
Mecklenburg holds the state's fifth highest rate.
Martinsville's 15.1 percent unemployment was second only to Dickinson county's 16.6 percent.
Virginia's unemployment rate held steady at 4.3 percent, the Virginia Employment Commission said Tuesday.

Annual food drive slated for May 10

The 11th Annual NALC Food Drive will be held Saturday, May 10.
On that day letter carriers and volunteers throughout South Boston/Halifax County will collect non-perishable food from donations left by mailboxes along mail routes in the nation's largest one-day effort to combat hunger.
The United Way of Halifax has teamed up with Dan Moorefield of the United States Postal Service, South Boston, and Worth Hudson, Good Samaritan Food Bank of South Boston, in an effort to fight hunger in our local area.
"We are working together to make this year's food drive the most successful one yet," said Beth Hochstein, executive director of the United Way.
"By pulling together our resources, we hope to exceed last year's collection of four tons of donated food. We are in need of volunteers who are willing to give a few hours of their time to help this wonderful cause," she added.
" It is a great opportunity to give back. The local Boy Scout and Girl Scout troops have always been supportive in helping collect and sort food. We are hoping others will lend a hand."
Canned food and non-perishable items may be donated simply by placing them on or near mailboxes prior to mail pick up on May 10. Or, items may be dropped off at any post office in the local area. All donations remain in the local area to help residents.
Last year's final tabulation of results from the 2002 NALC Food Drive in over 10,000 cities and towns, including South Boston/Halifax, showed 62,694,350 pounds of non-perishable food collected in the drive, four tons of that collected right here in our area. The event is the nation's largest one-day effort to combat hunger, according to sponsors.
The amount included a contribution of one million pounds of canned goods from the Campbell Soup Company, a major supporter of the drive along with the U.S. Postal Service and United Way.
To learn more about the food drive or to volunteer your time, call 572-4771.

Obituaries

Louise Gosney Anderson

Louise Gosney Anderson died April 15 at Halifax Regional Hospital. She was the widow of A. Swanson Anderson of Nathalie.
Mrs. Anderson was a member of the Homemaker's Club and Catawba Baptist Church where she served as Sunday school teacher and director of the WMU.
Survivors include her daughter, Dr. Elizabeth Anderson and her husband, Dr. Edward Delaney, of Alexandria; one son, Andrew S. Anderson Jr. and wife, Jere Anderson, of South Boston; two grandchildren, Andrew 'Drew' S. Anderson III, and wife, Tracy, and their daughter, Madison Lynn Anderson, of Virgilina, and Sandi Anderson Satterfield and husband, Brian, of Halifax; one brother, Gervis G. Gosney and his wife, Elizabeth, of Halifax; and close friends, Dorothy Holt and Ethel Mae Miller.
Funeral services for Mrs. Anderson will be held today, April 18 at Catawba Baptist Church, Nathalie.
Donations in her memory may be made to the Louise Anderson Memorial Fund of Catawba Baptist Church, Nathalie, 24577.

Leonia Marietta Coleman Burrell

Leonia Marietta Coleman Burrell, 45, of South Boston, died April 14.
She was born in Halifax County on December 8, 1957, the daughter of Marjorie Thompson Coleman and the late Bernard Webster Coleman.
Survivors include one daughter, Ashley Coleman of South Boston; her mother of Nathalie; four sisters, Wanda C. Edmonds and Judith C. Winstead, both of South Boston; Pamela C. Cheek of Clinton, MD and Shelia C. Hoxie of Waverly, Ohio; one brother, Webster J. Coleman of Upper Marlboro, MD; and her maternal grandmother, Leonia Henry Thompson of South Boston.
Memorial services for Ms. Burrell will be held today, April 18, at 11 a.m. at the Chapel of Jeffress Funeral Home with the Rev. Otis R. Dillard officiating.

Hugh G. Jones

Hugh G. Jones, 53, of Columbus, GA, died April 12 at St. Francis Hospital.
Funeral services will be held today, April 18, at 1 p.m. at the Chapel of Progressive Funeral Home, Inc., with Bro. Leroy King officiating. Interment will be at the National Cemetery in Ft. Mitchell, AL.
Mr. Jones was born in Halifax on April 10, 1950, the son of Guster and Myrtle Brandon Jones. Residing in Augusta, GA most of his life, he was a disabled American Veteran of the Vietnam Conflict. He had been employed as a custodian at Columbus State University, and was a member of the C.B. Club.
Survivors include his wife, JoAnn Menefee Jones; two daughters, Tanya Y. Adams and her husband, Sidney, and Nicole Jones, all of Columbus; three grandchildren, Angela D. Francois, Kiara Adams and Cateria D. Jones; his mother-in-law, Frances Menefee; four brothers-in-law, Jerome Menefee, Michael Menefee, Abraham Menefee and Warren Menefee and his wife, Ann, all of Columbus; three sisters-in-law, Helen Roberts of Columbus, Veronica Westbrooks and husband, Larry, and Annie Menefee, all of Cusseta, GA.

James Edward Rice

James Edward Rice, 86, of Boykins, died April 16 at East Pavilion.
A native of Halifax County, he was the son of the late Charlie and Elizabeth Connor Rice. An Air Force Veteran, he retired from Leggett's Department Store in Emporia, and was a member of Boykins Baptist Church.
Survivors of Mr. Rice include his wife, Eunice Banty Rice; a daughter, Judie R. Thompson and her husband, Bill, of Mechanicsville; two sons, James R. Rice and his wife, Elsie, of Emporia, and Jerry D. Rice and wife, Joan, of Boykins; two stepdaughters, Bernice V. Edwards of Courtland and Mary Betty White of Bracey; one brother, C.T. Rice of South Boston; six grandchildren; seven great-grandchildren; nine step-grandchildren; 22 step-great-grandchildren; and four step-great-great-grandchildren. He was preceded in death by his first wife, Lucille Jones Rice; and two sisters, Betty Lee Godsey and Janie R. Marshburn.
Graveside services for Mr. Rice will be held at 2 p.m. tomorrow, April 19, at Beechwood Cemetery in Boykins, with the Rev. Raymond Bunn officiating.
The family will receive friends at the home of Jerry and Joan Rice, 18239 Oak Road, Boykins.
Those wishing to give memorials are asked to consider Boykins Fire and Rescue Squad or Boykins Baptist Church, Boykins, 23827.