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Convicted Murderer Seeking Clemency

BY JOHN MILLER
Published Wednesday, May 19, 1999 in the Nevada County Picayune

A man convicted of capital murder in 1992 is seeking executive clemency.

Earl Atkinson, 46, was convicted of capital murder in the beating death of Nevada County Sheriff's deputy R.D. Purifoy on Nov. 12, 1992.

According to court records, the Nevada County Sheriff's Office got a call concerning a family disturbance at the Atkinson home around 5:40 p.m. Nov. 12, 1992.

Purifoy was dispatched to the scene, and about 6 p.m. the NCSO got another call concerning a deputy being down.

Former Sheriff Abb Morman arrived around 6:30 p.m. and found Purifoy's body. According to reports, the body had been badly beaten, apparently with an iron of some sort.

Atkinson told his mother he had killed the deputy, and reportedly bragged about the murder after his arrest. Reports at the time state the beating was so brutal there was no doubt murder was intended.

Atkinson underwent a psychological evaluation, as his court appointed attorney, Gene Hale, was planning to seek an insanity defense.

Reports of the incident state when Morman arrived at the scene Atkinson came out of the house holding something behind his back. When ordered to remove his hand and drop what he had, Atkinson reportedly pulled a handgun from behind his back.

He then turned and went back inside the house. Morman fired three shots at Atkinson, who returned fire five times. Atkinson was wounded in the exchange of gunfire and taken to the now defunct Nevada County Hospital for treatment.

According to records, Atkinson claimed Purifoy had first hit him in the head with a flashlight and stole $8,000 from him.

Atkinson told Paul Deyoub, the psychologist who examined him, he knew Purifoy was dead from the first blow struck.

The psychological report stated Atkinson had an explosive temper, was slightly mentally retarded and suffered from paranoid schizophrenia.

Still, Atkinson told Deyoub the killing was in self defense because Purifoy was trespassing at the time and had been warned to leave the property.

Atkinson was deemed fit to stand trial as he understood most of the legal procedure in question.

Eighth Judicial District Judge Joe Griffin was to hear the case, scheduled for Jan. 31, 1994, after several previous delays.

However, before the case came before the court, Atkinson entered a plea of guilty and was sentenced to life without parole on Feb. 1, 1994.

After being in prison but two short months, Atkinson filed a petition to get his sentence reduced, claiming ineffective counsel and stated he wasn't entitled to plead guilty and waive a jury trial without the consent of the prosecuting attorney.

This request was denied May 16, 1994 by Griffin.

On Nov. 6, 1996, Atkinson requested all information pertaining to his case under the Arkansas Freedom of Information Act.

In 1998, he again petitioned for a reduced sentence claiming mental incompetence and ineffective counsel. This petition was again denied by Griffin.

On May 10, 1999, the information on Atkinson seeking executive clemency was sent to 8th North Judicial District Judge Jim Gunter, who responded he was strongly opposed to any reduction in Atkinson's sentence.


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