Ronald A. Gray - Appeals

Appeals

Immediately following Gray's court-martial, the records of the trial were forwarded to Defense Appellate Division and received by them on August 8, 1988. Counsel filed initial pleadings with the Court of Military Review on September 15, 1989. On February 13, 1990, that court ordered a sanity board, which, on June 30, 1990, found that Gray was responsible at the time of the offenses and that he was competent to understand his trial and the present appellate proceedings. On July 20, 1990, the Government Appellate Division answered Gray’s assignment of errors.

On December 27, 1990, Gray filed a motion with the Court of Military Review requesting that court to order the Government to provide $15,000 for an expert psychiatrist, a death penalty qualified attorney, and an investigator. Oral arguments were heard on the motion in January 1991. On March 12, 1991, the Court of Military Review denied the motion. Gray renewed his request for a psychiatrist and an investigator on August 7, 1991, but the Court of Military Review denied it on August 23, 1991. On September 12, 1991, Gray filed a writ-appeal petition requesting that this Court order the Government to provide $10,000 and an emergency stay of the proceedings before the Court of Military Review. On October 18, 1991, this Court denied the writ-appeal petition and the stay application.

On December 16, 1991, Gray filed a motion with the Court of Military Review requesting that court to order additional medical and psychological tests be performed by military authorities. On December 31, 1991, that court granted Gray’s request and ordered a Magnetic Resonance Imaging (MRI) scan of the brain; a 20-channel scalp electrode, sleep-deprived EEG; and a SPECT scan of his brain, as well as intellectual, psychological, academic, psychological, and personality tests. On February 18, 1992, a report based on these tests was completed by Captain Fred H. Brown, Jr., Ph.D., a clinical psychologist from Womack Army Medical Center at Fort Bragg. Brown stated in an affidavit filed with the appellate court that Gray was sane at the time of the offenses and during the proceedings. On March 9, 1992, counsel filed a petition for new trial based on newly-discovered evidence of lack of mental responsibility.

On February 26, 1992, Gray filed a supplementary assignment of errors, to which the Government responded on March 27, 1992. On April 8, 1992, the Court of Military Review heard oral arguments, and on December 15, 1992, denied the petition for a new trial and affirmed the findings and sentence. On December 30, 1992, Gray filed a motion renewing his request for funds for an expert investigator and a behavioral neurologist. Gray filed a petition for reconsideration of this decision on January 4, 1993. The Court of Military Review heard oral arguments on the motion for funding on January 21, 1993, and denied the motion for funding and the petition for reconsideration on January 22, 1993. On February 11, 1993, Gray filed a motion and suggestion for reconsideration by the court sitting en banc of the denial of funding, and a motion and suggestion for reconsideration by the court sitting en banc of the decision of December 15, 1992. On March 11, 1993, the court denied both motions and the suggestions for reconsideration en banc, but granted a motion allowing Gray to file a supplemental assignment of errors (XXVIII-LVI). The Government answered this assignment of errors on April 12, 1993. On June 9, 1993, the Court of Military Review again affirmed the findings and sentence. Gray filed a motion for reconsideration on June 28, 1993, which the court denied on June 30, 1993.

With Gray's sentence affirmed by the President and the warrant issued by the Secretary of the Army, execution was scheduled for December 10, 2008. Army spokesman Lt. Col. George Wright said on November 20 (the date when the execution date was announced) that Gray had two legal options remaining: filing a petition with a federal appellate court to stay the execution, or requesting that the president reconsider approval of the execution. On November 26, 2008, a federal judge granted Gray a stay of execution to allow time for further appeals.