BEAUFORT, S.C. - 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