PDF: House memorandum

By Brian Lazenby

Staff Writer

A ruling by a federal court judge here Thursday could lead to the release of a man condemned to Tennessee's death row for the past 20 years.

U.S. District Judge Harry S. "Sandy" Mattice issued an order vacating the 1985 conviction and sentence of Paul G. House in the rape and murder of Carolyn Muncey, who lived near Mr. House in Luttrell, Tenn., about 25 miles north of Knoxville.

The ruling allows Union County, Tenn., prosecutors to try Mr. House again.

Stephen Kissinger of Federal Defender Services said he will contact prosecutors to determine if they intend to do so.

He said the ruling "requires the state to supply Mr. House with a new trial within 180 days or release him."

District Attorney William Paul Phillips of the 8th Judicial Circuit, which includes Union, Campbell, Claiborne, Fentress and Scott counties, could not be reached Thursday for comment.

Sharon Curtis-Flair, spokeswoman for Tennessee Attorney General Robert E. Cooper Jr., said that office has 30 days to decide whether to appeal Judge Mattice's ruling.

No decision has been made, she said.

The U.S. Supreme Court ruled in a 5-3 decision in 2006 that in light of new evidence "it is more likely than not that no reasonable juror would have found (Mr. House) guilty beyond a reasonable doubt."

Since Mr. House's trial in 1985, records show that a DNA analysis of fluids recovered from Ms. Muncey's nightgown shows the fluids came from her husband. The Supreme Court also ruled that new witness statements also point to the victim's husband as a possible suspect.

Stacy Rector, executive director of the Tennessee Coalition to Abolish State Killing, said she was thrilled by Thursday's ruling.

"We have been waiting a long time for someone to look at the facts in this case, and we feel like that is what has happened with this decision," she said. "This ruling pretty much makes it clear that the evidence is on the side of Paul House."

Mr. Kissinger said he shared the news with Mr. House, who was encouraged by the ruling.

"Obviously he was quite pleased, and he expressed his gratitude toward those who fought on his behalf and for the District Court for its decision," Mr. Kissinger said.

This month in Hamilton County, a jury found Michael Lee McCormick not guilty after he had been awarded a new trial following 15 years on death row for the 1985 slaying of 23-year-old pharmacist Donna Jean Nichols.

E-mail Brian Lazenby at blazenby@timesfreepress.com

Tech Talk