Posted on Fri, Oct. 17, 2003


Former attorney general testifies in Beaufort double murder trial


Associated Press

Former state Attorney General Charlie Condon told a judge Thursday that the man defending himself against charges he murdered two Beaufort County deputies used a "twisted, perverted view" of Condon's 2001 declaration of "open season" on home invaders.

Condon testified as Abdiyyah ben Alkebulanyahh, 41, called 17 defense witnesses in the death penalty case that began Oct. 6.

He also called Beaufort County Sheriff P.J. Tanner, who told jurors that Alkebulanyahh ambushed his officers.

"When you speak of an ambush, are you alleging that someone attacked your officers first?" Alkebulanyahh asked Tanner during Thursday's testimony.

"No," Tanner responded, "when I speak of ambush, it's overwhelming amounts of evidence and witness accounts that suggest that you were hiding in the closet and killed my two deputies."

Cpl. Dyke "A.J." Coursen and Lance Cpl. Dana Lyle Tate died inside a Burton mobile home on Jan. 8, 2002. Experts have testified that someone hid in a bedroom closet and ambushed the men.

"There were three people in the bedroom - you and my two officers - and you were the only one who walked out," Tanner said.

Alkebulanyahh, also known as Tyree Roberts, has called the deputies "home invaders," claiming they entered his home without permission. He also says someone else shot the officers.

Condon and Tanner were among the 17 witnesses Alkebulanyahh called Thursday.

The former attorney general announced his policy in January 2001. It was just days before Condon, now a U.S. Senate candidate, announced he'd run for the GOP gubernatorial nomination and about year before Tanner's officers were killed.

"I am today declaring open season on home invaders. That season is year-round," Condon said at the time. He encouraged prosecutors to give people the benefit of the doubt if they kill intruders.

An objection from prosecutor Randolph Murdaugh kept Alkebulanyahh from asking about Condon's "open season" policy in front of jurors.

After the jury left the room, Condon said his rule wouldn't apply to deputies entering a home and doing their jobs. "It's a twisted, perverted view of citizens' right to defend themselves against criminal activity in their own home," he said. "It's not even close."

The deputies had responded to a domestic disturbance call at Roberts' home. They had to go inside when a woman reported that she was being held against her will, Condon said.

In front of jurors, Alkebulanyahh asked Condon whether law officers should have warrants to enter a person's home.

"No, not at all," Condon told jurors. They don't need warrants when they're invited in or reacting to emergencies, he said. "If an officer is given permission to enter a home, it would be a dereliction of duty in this context not to search," Condon said.

Alkebulanyahh also questioned other officers. He wanted to ask the officers about other potential suspects in the shooting, but Judge Daniel Pieper wouldn't let him. If Alkebulanyahh wanted to point the finger at other parties, he should provide proof and not mere speculation, Pieper said.

On Wednesday, the prosecution finished its case with testimony that included a threat from Alkebulanyahh to a Charleston County jail officer after he was arrested. John F. K. Washington testified that Alkebulanyahh told him: "The last two who played games with me are six feet under and you're next."

Information from: The Island Packet





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