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Flippen’s case cries out for clemency

The following is a Counterpoint:

By Paula Flynn

Samuel Flippen, a 36-year-old man from Forsyth County, sits on North Carolina’s death row, awaiting his execution date, Aug. 18. He was found guilty on circumstantial evidence for the beating and death of Britnie Hutton, his 2-year-old stepdaughter. He has been on death row for 12 years.

During that time, he still claims he is innocent and has told the same story as to how things went that morning. The child’s mother left for work that morning. Flippen states that Britnie was crying, and then she fell from her chair. When he noticed she was having trouble breathing, he called 911. Britnie later died. Flippen was the only suspect.

In cases that are similar to this one, the mother was also investigated. In this case, she was never even considered. In her own testimony, she claimed Flippen was violent. If that is the case, which many deny, why did she leave her child with him, not only to go to work, but to go to a concert? What mother would leave her child with someone if she thought he was capable of harming her child? She received nothing, not even a slap on the wrist. Besides this, Flippen has no record of crime. His conviction was based on circumstantial evidence.

I cannot find anything that clearly points out that he did this and no one else. I am for the death penalty, but a case as this one does not warrant such a sentence. There’s reasonable doubt. Could this be a situation of a bloodthirsty district attorney?

Forsyth County has the most inmates on North Carolina’s death row. They were wrong about Darryl Hunt, and they may be wrong again. This case clearly cries out for clemency.

The writer lives in Walkertown.

Comments (22)

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phillipa [TypeKey Profile Page] said:

A relative of Mr. Flippen's perhaps? Maybe a friend? A fall from a chair doesn't usually result in difficulty breathing or death. Methinks there's more to this story than the LTE writer is telling us.

Here's another question. What's the news peg? Why would the N&R publish this as a counterpoint? Has anyone else heard of Samuel Flippen before? How about recently? I don't see how this counterpoint is relevant to anything else in the world today.

RebelSnake [TypeKey Profile Page] said:

Paula Flynn,
Were you there in the courtroom when the case was presented? Were you there in the jury room when they were reviewing all the evidence presented to them? Do you have any knowledge of the events of that morning unknown to everyone else? If so then step forward.

janherman [TypeKey Profile Page] said:

Not being familiar with the case I find myself in agreement with the previous 2 entries concerning this lte. The lte writer is presenting opinions without any substantiation, and since she claims to support the death penalty appears more than willing to ignore the conclusions of either the jury or judge involved in determining the defendant' sentence.

The legal concept of "reasonable doubt" applies only to determining guilt or innocence, and not to post sentencing adjustment of a legally imposed punishment.

If you're going to plead someone's innocence in killing a helpless child, it takes more than claiming that the mother wasn't properly investigated to prove your point.

Procedural and sentencing appeals are mandatory whenever capital punishment is ordered by the court, so - even though I am as earlier stated not familiar with the case - I find it very difficult to believe that Mr. Flippen is as obviously innocent as the writer asserts.

If she'd wanted to discuss the imposition of the death penalty itself, I could have read her letter with a much more open mind.

Yvonne [TypeKey Profile Page] said:

Let me state upfront I do not have a dog in this fight. However I must take exception to one of phillipa's statements. Not only can severe head trauma (which can happen in a fall) cause breathing difficulties, it can cause respiatory arrest and death. So you can chunk that theory.

nitpicker [TypeKey Profile Page] said:

Thanks Yvonne.

I can only say in my experience, I've seen juries do some stupid stuff before. You think you have a jury of your peers but in major capital cases, you may just end up with a jury of people who have nothing better to do than sit in court all day for days or weeks on end. Others can find a way to wiggle out of it.

mem [TypeKey Profile Page] said:

A Couple of Salient Points!

Yvonne obviously knows nothing about this case. Yvonne did you know that this child had over 20 bruises on her body; that the bruise in her forehead closely resembeled the imprint of the ring that Flippen was wearing; that she was beaten so badly that her pancreas was shoved into and severed by her own backbone??? Does that sound like a fall from a chair? She would have had to have fallen another 19 times for all of that damage to occur.

To our resident Nitpicker: Maybe everyone doesn't want to "wiggle out of" jury duty. Maybe there are actually people willing to do their civic duty when called upon to do so. I know that there were AT LEAST 24 people in two separate juries that cared enough to give their time to make sure that justice was brought to a defenseless 2 year old who could not defend herself.

For Paula Flynn, I have a question...the REAL cry for clemency came from Brittnie while Flippen was beating her to death with his fists, but did she receive it? NO, she received none. Flippen's actions resulted in his conviction and death sentence. In other words, he sentenced himself to death because he sentenced the REAL INNOCENT one to a premature grave...Brittnie Hutton.

JEC [TypeKey Profile Page] said:

mem -
thank you for offering these horrific, but clarifying facts. Certainly, the exact COD may've been respiratory failure but the extenuating injuries this poor child suffered speak to a much greater crime.

I don't think Mr. Flippen's case cries out for clemency; I think what we hear is Brittnie Hutton crying out from the grave for justice. Regardless of what happens here, my God says he will answer if he is in fact guilty.

joker [TypeKey Profile Page] said:

my response to mem. 'Nuff said!

janherman [TypeKey Profile Page] said:

JEC,

Your last paragraph sums it up in my book.

Case closed.

nitpicker [TypeKey Profile Page] said:

Mem,

Thanks for the additional information. I'm not disputing the jury in this case, but I've seen some real idiots in the jury box. Call me an elitist if you will, but even if we have a true average of the population in the jury box, I wouldn't want to trust my life with them.

However, what I've seen is that many juries are less than average. Sometimes to the lowest common demoninator. I've seen jurors sleeping during trials without rebuke or often just not paying attention.

Yep, there are people willing to do their civic duty when called upon. Never said there weren't. But next time you get called up for a major death-penalty case, listen to the folks that are selected and you'll hear more than one with a reason they can't serve.

The easiest way I've found to get off that type of jury is to simply say that I don't believe in the death penalty. Which happens to be true.

phillipa [TypeKey Profile Page] said:

Excuse me, Yvonne, as a newspaper reporter, my husband has covered his share of beaten-baby murder trials. Mem has it exactly right. Coroners can look at a bruise or wound of some kind and figure out what kind of force it would take to inflice such a wound. DH covered the same kind of case, where the (in this case) mother said the baby fell off the couch and got "worried" when she then had difficulty breathing. If you're going to beat a toddler to death, you get what you deserve! In NC, the jury votes on sentences in a death penalty qualified case. I say to the juries involved: Good job!

Yvonne [TypeKey Profile Page] said:


"A fall from a chair doesn't usually result in difficulty breathing or death."

I was simply pointing out the inaccuracy in this statement by phillipa. As a 25 year+ health care professional, I have seen many people die from "a fall". My statement was not intended to infer Mr. Flippin was innocent. I have no knowledge of the case, as mem correctly assumed.

My point was evidently missed by some.


mrproduce [TypeKey Profile Page] said:

The only thing the DA in this case missed is not charging the mother as an accomplice. She knew the guy was violent or said she did. That makes her just as guilty as the dumb guy who sits in the car while some other dummy goes in and robs the 7-11, kills the clerk in the process. In those cases both are found guilty of murder and robbery. Why was the mother not tried and found guilty? The DA was not blood thirsty, just failed on this point, or if he was blood thirsty, he sure missed a whole bucket of blood on this deal.

phillipa [TypeKey Profile Page] said:

Yvonne, a toddler's death from a simple fall from a chair doesn't get into court as a death penalty case. In NC courts, the jury in a death penalty case knows when they decide on the verdict that they are going to have to decide on the penalty. Often, a jury will take into consideration what the penalty will be before they render a verdict. Sometimes a holdout on the jury will say that he or she won't vote guilty unless the rest of the jury agrees that they won't impose the death penalty. It takes a unanimous vote to sentence a man to death and if just one juror wouldn't vote for the death penalty, Flippen would have sentenced to life in prison.

As for the mother, the DA may not have had enough of a case to proceed against her. Some DA's will only go into court if they know their case is going to hold up.

Yvonne [TypeKey Profile Page] said:

phillipa,

I purposely did not address anything other than your one statement. I did not want to be put in the position of defending ANYONE as that was not my point. I only spoke of what I know to be true. Since I know nothing of the case, I have not, am not offering an opinion. (I usually do not make statements I cannot prove.)

I thank you for explaining the jury process. I may not have known. However, I have served on a jury several times. One does not get to be my age without having a varity of experiences.

Please do not take my statement as a criticism. It was meant for clarification only. Have a blessed weekend.

phillipa [TypeKey Profile Page] said:

Yvonne, you pulled out your medical knowledge, discounted my statements by saying "you can chuck that theory." Whether or not you can die from falling off a chair isn't really relevant to this discussion. Whether or not you can qualify a case for the death penalty, get a conviction and sentence and go through all the appeals on "she fell off the chair," is. You got snippy, I got snippy right back at ya.

Yvonne [TypeKey Profile Page] said:

phillipa,

You made the statement, I didn't. If it had no relevance, why bother to state something that is inaccurate? You can call my correction "snippy" if you like, I call it fact.

You seem to have a hostility against anyone who questions your authority. I feel sad that you cannot discuss a topic without feeling threatened.

phillipa [TypeKey Profile Page] said:

Feel away, yvonne.

fancy4justice [TypeKey Profile Page] said:

Yet there are many rumours circulating about the mother, including she's been investigated twice for child abuse by the DSS, and there is the fact that when Flippen went to trial, she was 8 months pregnant...by a sheriff's deputy. I find this makes an interesting twist. Then there was the talk of abortions...I think there were three, and some say she wanted an abortion when pregnant with Britnie. True or not, this makes you think. A woman in Pembroke, NC served only 2 years for the same exact crime. She's out now. They reduced her sentence to only 60 days, and she was released for time served. Then we have a man on death row in the same state for the same crime, and some of you call that justice?
I just don't think so!

truthseeker [TypeKey Profile Page] said:

This is for fancy4justice. You are the one that is circulating rumors about the mother. How many websites are you going to go to and slander her name? You have really outdone yourself. You should be so proud. She has NEVER been investigated for child abuse!!!!! Oh and on the other websites you mentioned she has had several children taken away from her by DSS also. Changing your story again? She did NOT have an affair with a sheriff's deputy. And you keep mentioning abortions. First it was one then three and now you just mention plural abortions. And most importantly she did NOT want to abort Britnie. Give it up will you. It is just pathetic that you have to resort to slandering the mother's name when she has lost so much already

truthseeker [TypeKey Profile Page] said:

This is for fancy4justice. You are the one that is circulating rumors about the mother. How many websites are you going to go to and slander her name? You have really outdone yourself. You should be so proud. She has NEVER been investigated for child abuse!!!!! Oh and on the other websites you mentioned she has had several children taken away from her by DSS also. Changing your story again? She did NOT have an affair with a sheriff's deputy. And you keep mentioning abortions. First it was one then three and now you just mention plural abortions. And most importantly she did NOT want to abort Britnie. Give it up will you. It is just pathetic that you have to resort to slandering the mother's name when she has lost so much already

fancy4justice [TypeKey Profile Page] said:

truthseeker-
I believe I stated that these were RUMOURS. I did not say they were FACTS. MANY people are talking about these topics. I merely pointed out, true or not, they make you think. Being so incredibly defensive about such rumours can make one look guilty in some eyes too. I have my opinion, just like others do. I will, however, point out that Tina had a great make-up job in her interview on TV. Her make-up never ran at all. That's amazing! I didn't even see a tear in her eye! If my eyes slightly water, it's a mess! That is a FACT. Now that we have distinguished fact from rumour, my point earlier is that a woman who was convicted of beating her 2 year-old daughter to death is walking free, while a man sits on death row. During your defensive arguement, you missed my whole point. No matter how interesting these rumours may be to some, the main focus should be on the fairness in the death penalty. It seems that no matter who posts what, if it is something positive about Flippen, the writers are "called-out" and insulted, while Flippen supporters are asking questions and proposing his innocence and the injustice of his sentence. I also want to thank you for remembering or looking me up on the internet. Most people don't have so much time to do things like that. Awwwww now I feel special!

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