2005-05-18 / State News

Man to be re-tried in shooting death of lover’s husband

ASSOCIATED PRESS

CONWAY — A man convicted in the 1998 shooting death of his lover’s husband is on trial again this week after his conviction and sentence were overturned by the South Carolina Supreme Court.

During opening arguments in the retrial of John Boyd Frazier, defense attorney Morgan Martin said eyewitness testimony in the case isn’t reliable.

‘‘The evidence is contaminated,’’ Martin said.

Frazier was convicted four years ago of murder, conspiracy to commit murder and armed robbery in the shooting death of 24-year-old William Brent Poole of Mocksville, N.C.

Poole’s wife, Kimberly Renee, was convicted the previous year of murder and conspiracy and sentenced to life in prison without parole.

Poole and his wife were walking on the beach in Myrtle Beach on June 9, 1998, when a gunman approached the couple and shot Poole twice in the head.

The state Supreme Court overturned Frazier’s conviction last year saying Circuit Court Judge Rodney Peeples erred in not allowing testimony about a study on identifying people in photograph lineups.

Martin on Monday questioned the methods used in a photo lineup in which another couple selected Frazier as the attacker.

He told the jurors the lineup was like ‘‘a multiple choice test with the answers highlighted.’’

Deputy prosecutor Fran Humphries told jurors Kimberly Renee Poole, who goes by the name Renee, had an affair with Frazier and left her husband briefly for him.

Humphries said the Pooles were walking on the beach on their anniversary when a man in a ski mask approached them and ordered them to the ground, then fired two shots into William Poole’s head.

Later, Poole and Frazier began giving misleading stories, Humphries told the jurors.

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