Alabama AG Defends Death Row Convictions in Two Triple-Homicide Cases
Summary
Alabama AG Steve Marshall announced successful defense of death row convictions for James Brownfield (convicted of 2001 triple homicide in Jackson County) and Kerry Spencer (convicted of 2004 murders of three Birmingham police officers). Federal courts dismissed both inmates' petitions challenging their convictions and sentences after the AG petitioned the Eleventh Circuit to end years of delays.
What changed
Alabama AG Steve Marshall successfully defended convictions in two long-pending capital murder cases before the Eleventh Circuit. Federal district courts dismissed petitions from both Brownfield (2001 murders of Brenda McCutchin, Latham McCutchin, and Joshua Hodges) and Spencer (2004 murders of Officers Carlos Owen, Harley Chisolm III, and Charles Bennett). The AG had petitioned the Eleventh Circuit to compel rulings after years of delay, leading to dismissal of both inmates' claims.
Affected parties include death row inmates and criminal defense attorneys monitoring precedent from these Eleventh Circuit dismissals. The rulings reinforce the finality of these convictions and may influence similar pending capital murder appeals in federal court.
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Archived snapshot
Apr 10, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Attorney General Steve Marshall Successfully Defends Convictions in Two Early-2000s Triple-Homicide Cases
View PDF For Immediate Release:
April 9, 2026
For press inquiries only, contact:
Amanda Priest (334) 322-5694
William Califf (334) 604-3230
(Montgomery, Ala) – Attorney General Steve Marshall announced recent victories for the State of Alabama in two long-running cases brought by death-row inmates James Brownfield and Kerry Spencer. Both men committed capital murder over twenty years ago and challenged their convictions in federal court. Last month, after both federal cases had been pending for years, Attorney General Marshall petitioned the Eleventh Circuit to compel the district courts to end their review—one way or another. Following the Attorney General’s action, the district courts dismissed both Brownfield’s and Spencer’s lawsuits.
“After years of delays, these rulings bring us one step closer to justice for six lives violently taken. My office exists for moments like this, to ensure the full force of the law is carried out, no matter the obstacles,” Attorney General Marshall said.
James Ben Brownfield was sentenced to death for the horrific 2001 murders in Jackson County of his sister Brenda McCutchin, Brenda’s husband Latham McCutchin, and Brenda’s three-year-old grandson, Joshua Hodges. A jury convicted Brownfield on three counts of capital murder and recommended a death sentence. In 2019, Brownfield filed a petition in the U.S. District Court for the Northern District of Alabama challenging his conviction and sentence. On March 3, 2026, Attorney General Marshall asked the Eleventh Circuit to order a ruling on Brownfield’s petition. On March 16, 2026, the court dismissed and denied Brownfield’s claims.
Kerry M. Spencer was sentenced to death for the 2004 murders of three Birmingham Police Officers: Carlos Owen, Harley A. Chisolm, III, and Charles R. Bennett. Spencer also was convicted of the attempted murder of Officer Michael Collins. In 2016, Spencer filed a petition in the U.S. District Court for the Northern District of Alabama challenging his conviction and sentence. On March 3, 2026, Attorney General Marshall asked the Eleventh Circuit to order a ruling on Spencer’s petition. On April 1, 2026, the court dismissed and denied Spencer’s claims.
Attorney General Marshall commended the Capital Litigation Division for the years of effort that went into defending the State’s convictions and sentences in these cases.
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