Murderpedia has thousands of hours of work behind it. To keep creating
new content, we kindly appreciate any donation you can give to help
the Murderpedia project stay alive. We have many
plans and enthusiasm
to keep expanding and making Murderpedia a better site, but we really
need your help for this. Thank you very much in advance.
Riley Dobi NOEL
Classification: Murderer
Characteristics:
Revenge
Number of victims: 3
Date of murder:
June 4,
1995
Date of arrest:
4 days after
Date of birth:
May 22,
1972
Victims profile: Marcell Young, 17; Malak Hussian, 10, and Mustafa Hussian,
12
Method of murder:
Shooting
Location: Pulaski County, Arkansas, USA
Status:
Executed
by lethal injection in Arkansas on July 9,
2003
United States Court of
Appeals For the Eighth Circuit
Noel, Carroll, Cochran and Calloway were riding around Little Rock
in Cochran's car "getting high."
They went to the home of Mary Hussian, whose daughter Noel suspected
of being involved in the drive-by killing of his brother. Calloway
got out of the car and followed Noel and Carroll into the house.
Noel told the three children: Marcell Young (17), Malak Hussian
(10), and Mustafa Hussian (12) in the residence to get down on the
floor.
Calloway testified she watched as Noel shot each of the children in
the head and killed them. A co-defendant tried to shoot Mary Hussian
with a shotgun but it jammed, and she was able to wrestle it away.
Noel testified at the trial against his lawyers' advice and denied
killing the children.
One of Noel's accomplices received a 20 year prison sentence after
he testified on behalf of the state. Another was sentenced to life
in prison without parole and the third got 132 years in prison for
the three killings.
Citations:
Noel v. State, 1997 WL 343641 (Ark.,1997) (Pro se Motion to
Stop Appeal). Noel v. State, 960 S.W.2d 439 (Ark.,1998) (Direct Appeal).
Noel v. State, 26 S.W.3d 123 (Ark.,2000) (PCR).
Final Meal:
Fried chicken, mashed potatoes with gravy, hot rolls, a green garden
salad with ranch dressing, Kool-Aid and cookies.
Final Words:
"I want my family to know I love them. I want my kids to know I love
Jesus."
ClarkProsecutor.org
Arkansas Department of
Corrections
ADC Number: 000942
Name: Noel, Riley D
Race: BLACK
Sex: MALE
Hair Color: BLACK
Eye Color: BROWN
Height: 71 inches
Weight: 158 lbs.
Birth Date: 05/22/1972
Initial Receipt Date: 02/26/1990
Conviction Date: 07/18/1996
County of Conviction: Pulaski
VARNER -- Triple murderer Riley Dobi Noel
proclaimed his love for his family and for Jesus on Wednesday night.
Within minutes, Noel was dead.
The 31-year-old Noel was executed
just after 9 p.m. Wednesday in the death chamber of the state
Department of Correction's Cummins Unit. A lethal injection was
administered into Noel's veins at 9:01 p.m., and he was pronounced
dead at 9:07 p.m.
Before he was executed, Noel gave a final
statement. "I want my family to know I love them," Noel said. "I
want my kids to know I love Jesus."
Among the witnesses to the execution was Kyle
Jones, whose 17-year-old fiance/, Marcell Young, was among the
victims. Young was slain along with her younger brother and sister
in a southwest Little Rock home on June 4, 1995.
Jones was in the
house when the killings occurred but escaped by crawling through a
window. "I finally feel that justice has been served," Jones said
after the execution. "It's been eight long years, and I finally can
put this behind me and move on. "We as individuals make decisions.
He made the decision to take their lives. Today the state of
Arkansas made the decision to take his life, and I'm glad for that
decision."
Kelly Kissel, The Associated Press' Arkansas news
editor, was one of three media witnesses to the execution. He said
that within 20 seconds of the injection, Noel's chest heaved "fairly
violently."
Kissel added that Noel's reaction to the injection was
probably the most intense of the seven executions he has witnessed.
"Within the first 20 seconds, it was clear that something was
happening," Kissel said. Kissel said Noel stared at the ceiling
without blinking. "(He) died with his eyes open," Kissel said.
The execution proceeded after Gov. Mike Huckabee
refused to grant Noel clemency and the U.S. Supreme Court voted 7-2
to reject his appeal. Noel had asked the court to halt his execution
on the basis of an alleged brain abnormality.
On Tuesday night, the
state Supreme Court denied Noel's appeal for a stay of execution.
Huckabee signed Noel's death warrant in May, and the state parole
board recommended in June that he not be granted clemency.
Noel's day began at 9:30 a.m. Wednesday. He met
with his spiritual adviser and his attorneys, and was able to speak
to family members on the telephone. Noel was served his final meal
at 4 p.m. Wednesday in a cell adjacent to the execution chamber.
He chose fried chicken, mashed potatoes with gravy, hot rolls, a green
garden salad with ranch dressing, Kool-Aid and cookies. Department
of Correction spokeswoman Dina Tyler said Noel ate well.
Noel also
was visited by a prison chaplain, who described his spirits as "pretty
good," Tyler said. Noel took a shower and dressed in a clean prison
uniform and socks before being taken to the death chamber at 8:45
p.m.
Noel became the 25th individual executed at
Varner since the state reinstated the death penalty in 1990.
Prosecutors at Noel's murder trial said he was
seeking revenge against his victims' sister, whom he mistakenly
believed had arranged his brother's gang-related murder.
According
to prosecutors, Noel lined up the victims -- 10-year-old Malak
Hussain, 12-year-old Mustafa Hussain and Young -- on the kitchen
floor and shot them in the head.
At Noel's trial, a co-defendant who
reached a plea bargain with prosecutors said Noel initially intended
to kill the entire family to avenge Ganaway's death. Noel testified
at the trial against his lawyers' advice and denied killing the
children. "I'm sitting here an innocent man for the three innocent
kids I had no knowledge of," Noel told the jury.
In his appeal to the U.S. Supreme Court, Noel's
attorney argued that medical tests that were not available when he
was convicted in 1996 would reveal a brain abnormality that might
have been viewed as a mitigating circumstance by the jurors who
recommended the death penalty. (The Associated Press contributed to
this story.)
Riley Dobi Noel
(May 22, 1972 – July 9, 2004) was a murderer
executed for the June 5, 1995 murder of Marcell
Young, 17, Malak Hussian, 10, and Mustafa Hussian,
12 – all siblings – in Varner, Arkansas.
The
Murder
In the early morning hours of
June 5, Marcell Young, Malak Hussian, and Mustafa
Hussian were shot and killed while their mother,
Mary Hussian, wrestled with another gunman in a
separate part of the house.
On July 5, 1995, the prosecutor
charged Riley Noel with the capital murders of the
three children and the attempted capital murder of
Mary Hussian.
On June 4, 1995, Noel, appellant
Carroll, Curtis Lee Cochran, and Tracy Trinette
Calloway were riding around Little Rock in Cochran's
car, "getting high" on drugs. Noel believed that
another child of Mary Hussian, a daughter, had been
involved in his brother's death. Noel apparently
believed one of Hussian's daughters had set up his
brother's death in a drive-by shooting, which had
occurred about a week earlier. Noel told three
children in the residence to get down on the floor,
and Calloway testified that she told them to do what
Noel said. Calloway watched Noel shoot each of the
children in the head and kill them.
A co-defendant tried to shoot the
mother with a shotgun but it jammed, and she was
able to wrestle it away, records state. Prosecutors
argued that Noel, 24, killed the children to avenge
his brother's slaying.
Prior Convictions
Noel’s Prior Convictions were:
Theft By Receiving 02/13/1990
Pulaski County (5 Yrs);
Noel's supporters felt that Noel
has a very strong case for appeal or clemency. The
main reasons citied were
1) He was mentally retarded;
2) Scientific evidence,
unavailable at trial, indicates that severe brain
damage hinders his ability to control his behavior;
3) The victim’s mother, Mary
Hussian, who initially supported the death penalty
for Noel at his trial, has since decided to support
his bid for clemency
Supporters claim that Noel’s IQ
was measured at 69, which is below the standard
benchmark of 70 for determining mental retardation.
In 2002, the U.S. Supreme Court banned the execution
of people with mental retardation in Atkins v.
Virginia, ruling that the practice constitutes cruel
and unusual punishment. However, Court records show
that Noel’s most recent tests placed his score at
80.
His defense lawyers argued that,
despite tests showing an IQ of 80, Noel had a brain
disorder and that executing him would have violated
a U.S. Supreme Court directive. The lawyers also
argued that medical tests not developed by the time
of Noel’s 1996 trial might have revealed more about
his mental health.
It was argued that Psychologists
and neurologists learned significantly more about
Noel’s brain damage since his trial, and have
established strong connections between his
neuropsychological deficit and his aggressive,
impulsive behavior.
Medical experts diagnosed him
with Attention Deficit Disorder, poor abstract
thinking skills, mental confusion, and serious
visual-motor problems at an early age. When he was
13 years old, experts determined that he had a
developmental age of 7.
One psychological examiner
observed that he was “extremely slow” in processing
basic information. At trial, the jury heard that
Noel had likely suffered “minimal” brain damage.
Medical evidence showing the possibility that he
suffers from severe brain abnormalities, were
discussed in his appeals and clemency petition.
However on March 6, 2003 in Noel
v State the United States District Court for the
Eastern District of Arkansas, ruled that Noel
scientific evidence was not substantially better
than the evidence of brain abnormality that he
produced at the sentencing phase of his trial, and
that even if Mr. Noel currently had substantial
evidence that he had a brain abnormality, his claim
would necessarily fail whatever the nature of that
abnormality.”
Also At trial, Hussian, the
victims’ mother, supported the death sentence, and
gave a powerful victim impact statement. However,
she has had a change of heart, and is now supporting
Noel’s clemency petition. She argued that the state
should consider this – the same way the jury
considered her trial testimony – when deciding on
his clemency petition. However, Governor Mike
Huckabee signed his death warrant June 1, 2003.
Execution
Kyle Jones of Miami, who had been
Marcell Young's fiance, was one of the victims'
family witnesses who viewed the execution on closed-circuit
television. "He chose to make the decision to take
their lives," Jones said after the execution. "Today
the state of Arkansas chose to take his and I'm
happy with it. I can move on knowing I won't have to
live with this again."
Kelly Kissel, The Associated
Press' Arkansas news editor, was one of three media
witnesses to the execution. He said that within 20
seconds of the injection, Noel's chest heaved "fairly
violently." Kissel added that Noel's reaction to the
injection was probably the most intense of the seven
executions he has witnessed. "Within the first 20
seconds, it was clear that something was happening,"
Kissel said. Kissel said Noel stared at the ceiling
without blinking. "(He) died with his eyes open,"
Kissel said.
His Final meal was Fried chicken,
mashed potatoes with gravy, hot rolls, a green
garden salad with ranch dressing, Kool-Aid and
cookies.
His final words were "I want my
family to know I love them. I want my kids to know I
love Jesus."
Noel was executed by lethal
injection at 9:07 p.m at the Cummins unit of the
Arkansas Department of Corrections on Wednesday,
July 9, 2004. Singleton was the 25th person executed
by the state of Arkansas since Furman v. Georgia,
408 U.S. 238
(1972), after new capital punishment laws
were passed in Arkansas and that came into force on
March 23, 1973.
ProDeathPenalty.com
In the early morning hours of June 5, 1995,
Marcell Young, 17, Malak Hussian, 10, and Mustafa Hussian, 12 -- all
siblings -- were shot and killed while their mother, Mary Hussian,
wrestled with another gunman in a separate part of the house.
In an
information filed on July 5, 1995, the prosecutor charged Riley
Noel, appellant Carroll, Curtis Lee Cochran, and Tracy Trinette
Calloway with the capital murders of the three children and the
attempted capital murder of Mary Hussian.
On June 4, 1995, Noel, Carroll, Cochran and
Calloway were riding around Little Rock in Cochran's car, "getting
high" on drugs. They went to the home of Mary Hussian, where
Calloway got out of the car and followed Noel and Carroll to the
house.
Just before they entered the house, Noel handed her a handgun,
and she testified that she returned it immediately. Noel burst into
the house, and Calloway followed, stopping just inside the doorway.
Noel told three children in the residence to get down on the floor,
and Calloway testified that she told them to do what Noel said. She
watched Noel shoot each of the children in the head and kill them.
According to Curtis Cochran, the murders were in retaliation for the
death of Noel's brother. Noel believed that another child of Mary
Hussian, a daughter, had been involved in his brother's death.
Following the murders, Calloway testified that
she ran from the house with Carroll. According to police records,
Noel shot Hussian's 3 children, ages 10, 12 and 17, as they lay on
the living room floor.
A co-defendant tried to shoot the mother with
a shotgun but it jammed, and she was able to wrestle it away,
records state. Prosecutors argued that Noel, 24, killed the children
to avenge his brother's slaying, which had occurred about a week
earlier. Noel apparently believed one of Hussian's daughters had set
up his brother's death in a drive-by shooting, police said.
On June 6, 1995, the Little Rock Police
Department focused its investigation on a search of Calloway's
neighborhood in an effort to locate a suspect named "Tracy," and
Calloway surrendered herself to police officers that same day.
Calloway gave a full statement indicating that she was with the
young men at the time of the murders but stating that she was not
aware of an intention to commit the killings.
At trial, the
prosecutor's theory of the case against Calloway was one of
accomplice liability. Calloway's defense was that she did not know
what Noel and Carroll intended to do at the Hussian house and that
she did not assist them in any way in the commission of the murders.
The prosecutor presented testimony from Curtis Cochran, who was
driving the vehicle that day. Cochran testified that everyone in the
car knew where they were going and what Noel intended to do because
Noel announced it in the car.
According to Cochran, Noel gave
Calloway a .45 caliber handgun while they were in the car, and she
still had it when they went to the Hussian house.
Jack Thomas, a
neighbor of the victim, also testified for the State and stated that
he saw Calloway run from the Hussian house and that it appeared as
though she was carrying a gun.
Kyle Jones testified that he arrived
at the Hussian residence with his fiancee, Marcel Young, and saw
three people standing in the carport: Noel, Cochran, and Calloway.
The threesome asked Marcel and Kyle if Yashica Young was home, and
Kyle said that he would check. Kyle and Marcel entered the house,
and Kyle went to the back of the home to tell Marcel's mother, Mary
Hussian, that they were home.
He heard someone burst in through the front of
the house and heard Marcel scream. Kyle and Mary Hussian ran toward
the front of the house and were intercepted by Carroll, who was
carrying a shotgun.
They retreated to the bedroom. Kyle went into
the bathroom and closed the door. Mary Hussian hid behind the bed
and dialed 911. Kyle testified that he heard three shots come from
the front room and that he heard the shotgun blast in the bedroom
just before he escaped through the window.
Kyle eventually came back
to the house and told police officers what he had seen. Mary Hussian
told the same story to the jury as Kyle did. She testified that when
she hid behind the bed to call 911, Carroll yelled for her to come
out from behind the bed. She pleaded with him not to kill her or her
children.
She eventually rushed Carroll, and they fought for control
of the shotgun. The shotgun discharged in the struggle, and the shot
went through the roof. Mary Hussian gained control of the gun and
chased Carroll back through the house, where she saw her three
murdered children lying on the floor.
Carroll left through the front door. Mary Hussian
saw three people in the house, but could only identify Carroll and
Noel and not Calloway.
The State also contended at trial that
Calloway's original statement to the Little Rock police officers and
her trial testimony were in conflict.
She first told police officers
that she was in the car and that Cochran and she picked up Carroll
and Noel, but at trial she testified that the threesome picked her
up to give her a ride home. She also testified at trial that she did
not see any guns in the car until the group was about to go into the
Hussian house.
However, it was established at trial that two weapons
were used at the murder scene -- a .45 caliber pistol and a shotgun.
Calloway admitted that Carroll was in the back seat of the two-door
car with her but maintained that she did not see the shotgun.
Calloway was sentenced to a total term in prison of 132 years.
UPDATE: Kyle Jones of Miami, who had been Marcell
Young's fiance, was one of the victims' family witnesses who viewed
the execution on closed-circuit television. "He chose to make the
decision to take their lives," Jones said after the execution. "Today
the state of Arkansas chose to take his and I'm happy with it. I can
move on knowing I won't have to live with this again."
Killer of Three Children Executed
By Kelly P. Kissel -
Kansas City Star
July 9, 2003
VARNER, Ark. - A man who killed three children in
the mistaken belief that their sister set up his brother for a gang
hit was executed Wednesday night after courts and the governor
rejected his pleas for mercy. Riley Dobi Noel, 31, was pronounced
dead by injection at 9:07 p.m., prison spokeswoman Dina Tyler said.
In his final statement, Noel said: "I want my
family to know I love them. I want my kids to know I love Jesus."
Noel had wanted one more round of mental examinations to prove that
he had a brain disorder that would prevent his execution. The U.S.
Supreme Court and Gov. Mike Huckabee turned Noel down Wednesday.
Jurors sentenced Noel to die after finding that
he killed the three children execution-style on June 4, 1995,
forcing them to lie on their kitchen floor before shooting each once
in the head.
According to prosecutors, Noel and others burst into a
southwest Little Rock home looking for Yashica Young, whom Noel
believed had set up his brother, Cornelius "Skeeter" Ganaway. When
he couldn't find her, he shot Malak Hussain, 10; Mustafa Hussain,
12; and Marcell Young, 17.
Kyle Jones of Miami, who had been Marcell Young's
fiance, was selected to be one of the victims' family witnesses to
watch the execution on closed-circuit television. "He chose to make
the decision to take their lives," Jones said after the execution. "Today
the state of Arkansas chose to take his and I'm happy with it. I can
move on knowing I won't have to live with this again."
Arkansas Executes Man Who Killed Three Youths
Reuters News
July 10, 2003
LITTLE ROCK, Ark., July 9 (Reuters) - Arkansas on
Wednesday executed a man who shot three young people dead in a
mistaken attempt to avenge his brother's murder.
Riley Dobi Noel,
31, died a few minutes after receiving a lethal injection of
chemicals at the state's death chamber in Varner, an Arkansas prison
spokesman said. "I want my family to know I love them. I want my
kids to know I love Jesus," Noel said in his last statement,
according to the prison spokesman.
In June, 1995, Noel and three other assailants
burst into a Little Rock home in search of a woman who prosecutors
say Noel falsely believed had helped kill his brother in a drive-by
shooting a week earlier. When he could not find his quarry,
Noel
placed the woman's three younger siblings on the floor and shot each
of them in the head. The victims were Malak Hussian, 10, Mustafa
Hussian, 12, and Marcell Young, 17. According to court testimony
Noel believed the older sister of the three victims was involved in
his brother's murder.
One of Noel's accomplices received a 20 year
prison sentence after he testified on behalf of the state. Another
was sentenced to life in prison without parole and the third got 132
years in prison for the three killings. Noel's last meal was fried
chicken and mashed potatoes. He was the 25th person executed by
Arkansas since 1990, when the state resumed implementing the death
penalty.
Children's Mother Forgives
Noel
July 10, 2003
The mother of three children who were killed by
condemned inmate Riley Dobi Noel eight years ago says she has
forgiven him. Mary Hussain did not attend his execution Wednesday
night.
Hussain says she burns three candles in her front
window, one for each child, and has their pictures on her wall. She
says she's been on drugs and alcohol since the killings. Hussain—who
was in another part of the house when her children were killed—says
she is haunted by their screams and sometimes has seizures when she
thinks about finding their bodies. But Hussain says thoughts of God
and her children calm her anger.
Man Who Killed Children Executed
By Kelly Kissel - Russellville Courier
July 10, 2003
VARNER (AP) — A man who killed three children in
the mistaken belief that their sister set up his brother for a gang
hit was executed Wednesday night after courts and the governor
rejected his pleas for mercy. Riley Dobi Noel, 31, was pronounced
dead at 9:07 p.m. after receiving a lethal injection, prison
spokeswoman Dinah Tyler said.
In his final statement, Noel said: “I want my
family to know I love them. I want my kids to know I love Jesus.”
Noel had wanted one more round of mental examinations to prove that
he had a brain disorder that would prevent his execution. The U.S.
Supreme Court and Gov. Mike Huckabee turned Noel down Wednesday.
Jurors sentenced Noel to die after finding that
he killed the three children execution-style on June 4, 1995,
forcing them to lie on their kitchen floor and then shooting each
once in the head. Prosecutors said Noel mistakenly believed their
sister had arranged for his brother’s death in a drive-by gang
killing.
Attorneys and Noel’s spiritual adviser met with
Noel and the inmate talked to his family by telephone for part of
the day. Noel learned the fate of his last-day appeals after
finishing a last meal of fried chicken, potatoes and salad.
According to prosecutors, Noel and others burst into a southwest
Little Rock home looking for Yashica Young, whom Noel believed had
set up his brother, Cornelius “Skeeter” Ganaway.
When he couldn’t find Young, prosecutors say,
Noel lined up Malak Hussain, 10; Mustafa Hussain, 12; and Marcell
Young, 17; and shot them. Their mother, Mary Hussain, said she
rushed to help the children after hearing shots ring out while she
was struggling with one of Noel’s co-defendants. She said that as
she ran to her children she slipped and fell among their bloodied
bodies. Jurors imposed death sentences for each of the crimes.
In a profile of the victims written after their
deaths, Hussain said that Malak had written in her school papers
that she hoped for a day when there were no gangs and “it would be
wonderful if there would be no guns.” Mustafa Hussain wrote that he
had a dream about finding a treasure of gold. Along with the riches
were a note that said whoever opens the treasure will die. In his
dream, he opened the treasure. Marcell Young had final exams set the
day after she was killed and had planned to enter the military.
Kyle Jones of Miami, Fla., former fiancee of
Marcell Young, was selected to be one of the victims’ family
witnesses to watch the execution on closed-circuit television. “He
chose to make the decision to take their lives,” Jones said after
the execution. “Today the state of Arkansas chose to take his and
I’m happy with it. I can move on knowing I won’t have to live with
this again.” The witnesses also included State Rep. Michael
Lamoureux of Russellville.
In Noel’s appeals, defense lawyers argued that,
despite tests showing an IQ of 80, Noel had a brain disorder and
that executing him would have violated a U.S. Supreme Court
directive. The lawyers said medical tests not developed by the time
of Noel’s 1996 trial might have revealed more about his mental
health.
State lawyers argued that Noel’s previous mental
evaluations showed no abnormalities that would prevent his execution
and that the law does not allow for automatic delays just because
new medical procedures are available. In June 2002, the U.S. Supreme
Court said it was unconstitutionally cruel to execute the mentally
retarded. It ruled in a case involving an inmate with an IQ of 59.
Court records show that Noel’s most recent test placed his score at
80. The generally accepted clinical definition of retardation is
having an IQ of about 70 or lower.
The U.S. Supreme Court ruling came just after
Huckabee rejected Noel’s request for mercy. The governor followed a
parole board recommendation against mercy. The Arkansas Supreme
Court and the 8th U.S. Circuit Court of Appeals in St. Louis
rejected Noel court proceedings Tuesday.
Victims' Mother against Execution, Lawyer Says
By Caryn Rousseau - GoMemphis.com
June 19, 2003
TUCKER, Ark. - Family and attorneys of a death
row inmate who shot three children pleaded for the man's life
Wednesday, arguing that he has brain damage and should be spared
because the victims' mother doesn't want him executed.
Riley Dobi Noel, 31, was sentenced to die for the
execution-style slayings, which occurred at a southwest Little Rock
home in 1995. He is scheduled to die July 9 by injection at the
Cummins Unit prison at Varner. Noel's family and lawyers presented a
case before the Post-Prison Transfer Board at the Tucker maximum
security prison, where he is incarcerated, to commute his sentence
to life without parole.
Later Wednesday, Asst. Atty. Gen. Joseph Svoboda
argued before the board that Noel suffered no brain damage and
should be put to death.
At Tucker, Noel's mother, Valerie Ussery, wrote
in a letter to the board: "I ask you to have mercy on him and to see
him as my son, an older brother and a child's father."
Noel's lawyer, Craig Lambert, read the letter to
the board as Ussery cried in the back of the room. A tear ran down
Noel's cheek as Lambert read the letter and Noel's mother sobbed.
Noel's wife, Stacy, also was present. Noel's lawyers said medical
tests show that Noel has brain damage and they asked the board to
recommend to Gov. Mike Huckabee that a comprehensive brain scan be
conducted before Noel's scheduled execution. A board decision is
expected this morning. "Help show Arkansas isn't a state where brain-damaged
inmates are put to death without a second look," defense lawyer
Jenniffer Horan said.
But Svoboda pointed to medical tests that he says
prove Noel is not brain-damaged or mentally retarded. "There is no
real testimony or evidence . . . to say Riley Dobi Noel has brain
damage," Svoboda told the board. He said Noel repeatedly scored
between 72 and 82 on intelligence tests. Arkansas defines mental
retardation as a score of 65 or below.
Noel was convicted of the deaths of Malak Hussain,
10, Mustafa Hussain, 12, and their sister, Marcell Young, 17. The
three were shot June 4, 1995, after being forced to lie on the floor
in their home. Prosecutors said Noel killed the three in retaliation
for the death of his brother, whom he believed was set up for a gang
hit by the victims' sister.
Horan argued that the victims' mother, Mary
Hussain, no longer wants to see Noel put to death. Deputy prosecutor
John Johnson of Pulaski County told the board about the well-kept
house where the murders occurred and the nice garden out back. He
described how the children were killed - two shot at close range in
the back of the head, one at close range in the forehead - and how
their blood mixed on the kitchen floor.
If put to death, Noel would be the 25th to die in
Arkansas's death chamber since the state resumed executions in 1990.
Noel v. State,
26 S.W.3d 123 (Ark.,2000) (PCR).
Petitioner, whose convictions for capital murder
and death sentence were affirmed on direct appeal, 331 Ark. 79, 960
S.W.2d 439, sought postconviction relief. The Pulaski Circuit Court,
John W. Langston, J., denied the petition. Petitioner appealed. The
Supreme Court, Corbin, J., held that: (1) counsel was not
ineffective by refusing to present witnesses who could not provide a
genuine alibi for defendant but who were prepared to lie for him;
(2) counsel's strategy of eliciting from defendant during direct
examination that he was testifying against the advise of counsel did
not constitute ineffective assistance; and (3) counsel was not
ineffective by not requesting funds to hire an expert witness to
challenge the credibility of eyewitness testimony. Affirmed.
DONALD L. CORBIN, Justice.
Appellant Riley Dobi Noel was convicted of three counts of capital
murder and one count of attempted capital murder; he was sentenced
to death by lethal injection and sixty years' imprisonment,
respectively. This court affirmed his convictions and sentences in
Noel v. State, 331 Ark. 79, 960 S.W.2d 439 (1998). Noel then filed a
petition for postconviction relief pursuant to Ark. R.Crim. P. 37.
The trial court denied the petition. On appeal, Noel alleges four
instances in which his trial counsel was ineffective: (1) failing to
present alibi testimony; (2) eliciting from Noel on direct
examination that he was testifying against the advice of counsel;
(3) failing to call witnesses to testify about Noel's demeanor and
activities in the days prior to the murders; and (4) failing to
request funds for an expert on eyewitness identification. Our
jurisdiction of this appeal is pursuant to Rule 37 and Ark. Sup.Ct.
R. 1-2(a)(8). We find no error and affirm.
The trial record shows that on the evening of
June 4, 1995, Noel and three other persons went to the home of Mary
Hussian in Little Rock. Present in the home that night were Mrs.
Hussian, three of her children, and Kyle Jones. The three children (Malak
Hussian, age 10; Mustafa Hussian, age 12; and Marcel Young, age 17,
were shot by Noel in the head as they lay on the living room floor.
Meanwhile, a codefendant, Terry Carroll, attempted to shoot Mrs.
Hussian with a shotgun. The shotgun jammed, however, and Mrs.
Hussian was eventually able to wrestle it away from Carroll. Jones
escaped unharmed through the bathroom window. It was the State's
theory that Noel committed the murders in retaliation for the death
of his brother, which had occurred approximately one week earlier.
Noel apparently believed that his brother had been "set up" in a
drive-by shooting by one of Mrs. Hussian's daughters.
Noel v. State,
960 S.W.2d 439 (Ark.,1998) (Direct Appeal).
Defendant was convicted in the Circuit Court,
Pulaski County, John W. Langston, J., of three counts of capital
murder and one count of attempted capital murder, and was sentenced
to death on capital murder convictions. Defendant appealed. The
Supreme Court, Brown, J., held that: (1) affidavits asserting that
defendant could not receive fair trial in county due to excessive
publicity were not sufficient to require grant of motion for change
of venue; (2) prosecutor's closing argument reference to defendant's
failure to call alibi witnesses did not require mistrial; (3) victim-impact
evidence was not additional aggravating circumstance but rather was
relevant evidence of toll that murder had taken on victims' family;
(4) victim-impact evidence was not so unduly prejudicial as to
render trial fundamentally unfair; and (5) statutory death penalty
scheme did not mandate imposition of death penalty and did not limit
jury to considering only unanimously found mitigating circumstances.
Affirmed. Newbern, J., filed an opinion concurring in part and
dissenting in part in which Imber and Thornton, JJ., joined.
BROWN, Justice.
Appellant Riley Dobi Noel was convicted of three counts of capital
murder and one count of attempted capital murder following an
eleven-day trial. He was sentenced to death on the capital murder
convictions and to sixty years on the attempted capital murder
conviction.
The killings occurred in Little Rock at the home of the
victims' mother, Mary Hussian, on the evening of June 4, 1995. Her
three children (Malak Hussian, age 10; Mustafa Hussian, age 12; and
Marcel Young, age 17) were shot by Noel in the head as they lay on
the floor in the front room of her house. The attempted capital
murder was committed against Mary Hussian herself, also in her house.
The murders were apparently in retaliation for the assumed
involvement of one of Hussian's daughters in the murder of Noel's
brother. Noel appeals the judgment on five grounds. We hold that no
reversible error occurred at his trial, and we affirm.