WINSTON-SALEM, N.C. — It is now day three of the innocence hearings for the men convicted of killing NBA All-Star Chris Paul's grandfather.
Nathaniel Jones,61, was beaten to death in Nov. 2002.
Four of the five teens convicted for killing Jones, The Winston-Salem 5, are having a hearing to determine if they're eligible for exoneration.
Dorrell Brayboy, one of The Winston-Salem 5 died in 2019. The only way Brayboy's record will be considered for expungement is if the defendants are found innocent.
Ginger Calloway, a forensic psychologist, answered questions about the methods used to determine the cognitive disabilities of the five men.
The state and Calloway went back and forth as the state challenged the idea of the defendants being brought in before the initial trial to be evaluated.
“I am aware that no one was brought in to be evaluated," Calloway said.
Then, the state asked if any of the lawyers defending these men expressed any concerns about them suffering from intellectual abilities in the initial trial. Calloway responded by saying the state made an assumption about the lawyers lacking concern for the five teens' cognitive capabilities.
"That's an assumption," Calloway said. “I don’t think it’s a fair assumption, but it’s an assumption."
They also individually, on Wednesday, reviewed their report cards, progress reports, classroom grades, and behavior in school along with their attendance from when they were teens.
On day two of the hearings, Calloway said based on her findings, the men at the time of the murder, showed signs of intellectual disabilities and adaptive deficits.
"Chronologically, they were 14 and 15 years old but functioning like 8- and 10-year-olds," Calloway explained.
Then, shoe impressionist, William Bodziak, gave his statements about how evidence from a shoe print that matched the size, style, and general wear pattern of a pair of Nike Air Force 1s found at the Banner-Cauthen residence was not very unique. He said they see a lot of those shoes in various cases.
"To use those features and infer that this shoe is one of a kind is very misleading," Bodziak said Tuesday.
Christine Mumma, executive director from N.C. Center on Actual Innocence said, "The judges typically rule from the bench after deliberation. If the two currently incarcerated defendants are found innocent, they will have to return to their respective prisons for processing and will be released from the prison. The records for all four defendants will be expunged."
Mumma also mentioned that the defendants and Jessicah Black, a key witness at the original trial, could testify as early as Friday.
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