THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, June 27, 1996 TAG: 9606270373
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY ANNE SAITA, STAFF WRITER
DATELINE: CAMDEN LENGTH: 88 lines
The state Supreme Court has upheld the death penalty for a 45-year-old Camden County man who eight years ago killed his common-law wife and her mother.
Wade Larry Cole was twice convicted of slaying Theresa Graham, the 30-year-old mother of his two children, on June 23, 1988. He also was twice sentenced to death.
A retrial was held two years ago after Cole's 1989 conviction was overturned on a technicality in jury selection.
Cole also was twice found guilty of involuntary manslaughter in the death of Hattie Graham, who was stabbed while trying to defend her daughter and later had a heart attack.
Cole eventually received a two-year prison sentence for the 57-year-old Graham's death.
In an appeal heard in March, defense attorneys gave 16 reasons why Cole's most recent conviction should be overturned.
Among the arguments were the denial of a change of venue because of pretrail publicity and the exclusion of blacks on the jury. Cole is African American.
Cole also contended his trial attorneys, Lennie Hughes and O.C. Abbott, did not properly represent him because they wanted to see him executed. The two Elizabeth City attorneys had asked to be withdrawn from the second trial a week before it was to begin, citing two combative conferences with Cole days prior to filing their motion to withdraw.
But the North Carolina Supreme Court upheld a Camden County jury's verdicts and sentences.
``We reject each of these arguments and conclude that defendant's trial and capital sentencing proceeding were free of prejudicial error and that the death sentence is not disproportionate,'' wrote Justice Henry E. Frye in papers filed June 14 at the Camden County Courthouse in Camden.
``Accordingly, we uphold defendant's convictions of first-degree murder and involuntary manslaughter as well as defendant's sentences of two years' imprisonment and death.''
A summary of earlier proceedings indicates Cole and Theresa Graham had dated for about 15 years and lived together much of that time with Graham's mother in Camden County.
The couple had two children aged 11 and 2. On the night of the murder, Graham's 12-year-old cousin also was spending the night at the home.
Cole came home from work around 5:30 p.m. on June 22, 1988, and asked where dinner was. He then hit Graham with his fist and, after she followed him outside, began to beat her.
Hattie Graham was struck by Cole and thrown against a car when she tried to intervene.
Cole was arrested that evening for assault and ordered to stay away from the home. But he returned at approximately 1:30 a.m. - about 1 1/2 hours after police left - and broke into the house through a back door.
He ripped out a telephone cord and then, armed with a .22-caliber rifle, pulled Theresa Graham from a bedroom and shot her in the face and leg, according to court papers.
Cole dragged Graham's body into the dining room and, after retrieving a knife from the kitchen, began to stab her.
He later dragged Graham's body onto a porch and continued to stab her. An autopsy revealed Graham had been stabbed more than 100 times before Cole left the scene.
Graham's cousin and her 11-year-old son reconnected the telephone. Hattie Graham, who was stabbed while trying to ward off Cole, called police and then died of a heart attack.
Cole was found by police about two hours after the attack. He had driven to Elizabeth City and fallen asleep.
During his defense, Cole testified that he believed Graham was having an affair and lost control of his anger.
There was ``absolutely no evidence'' of such an affair, Assistant District Attorney Robert Trivette said after the conclusion of the second trial.
Cole also said he had abused alcohol and marijuana that evening.
Other arguments rejected by the Supreme Court, according to Justice Frye's written opinion, were:
A juror who expressed a bias against Cole should have been kicked off the jury.
A judge should have granted a motion to dismiss the involuntary manslaughter charge due to insufficient evidence of culpable negligence.
A defense expert witness was never allowed to testify to Cole's approximate blood-alcohol level on the evening of the slayings.
A prosecutor made ``grossly improper statements during closing arguments'' regarding Cole's alcohol consumption.
Irrelevent and prejudicial testimony about Cole's brother, Prince Cole, was allowed. A police officer had told jurors he knew of Cole when he lived in Elizabeth City and that Prince Cole had an arrest record.
KEYWORDS: SHOOTING MURDER TRIAL
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