By Shriya Kali Chittapuram
OKLAHOMA CITY, OK– There are lingering doubts, according to a defense brief filed here in the federal court of appeals this week, that Emmanuel Antonia Littlejohn or his co-defendant—who received a life sentence—are actually responsible for the victim’s death.
Littlejohn, suffering, said the brief, from extensive brain damage that can affect judgment, impulse control, and decision-making ability, is set to be executed Sept. 26.
“The facts are largely undisputed. On June 19, 1992, Mr. Littlejohn and Glenn Bethany robbed a Root-N-Scoot convenience store in Oklahoma City…three individuals were working at the store, one of whom was Kenneth Meers…a shot was fired. The shot struck Mr. Meers in the face, ending his life. The evidence was conflicting concerning the source of the shot, and Mr. Littlejohn maintained that he did not fire it,” noted the defense in its pleading.
The defense filing continued, “In November 1994, Mr. Littlejohn was charged and convicted by a jury of robbery with a firearm, after conviction of two or more felonies (Count One); murder in the first degree (Count Two); and conspiracy to commit robbery with firearms, after conviction of two or more felonies (Count Three).
“At sentencing, the jury found three aggravating circumstances under Oklahoma law: (1) that Mr. Littlejohn had been previously convicted of violent felonies; (2) that he knowingly created a great risk of death to more than one person; and (3) that he posed a ‘continuing threat’ to society.”
Callie Heller, Littlejohn’s attorney, has said, “Manuel Littlejohn has extensive brain damage—caused by multiple factors including his teenage mother’s prenatal substance abuse—that significantly affects his executive functioning. His cognitive limitations were exacerbated by the relentless trauma and pervasive neglect of his childhood.
“In light of all available information, AG Drummond, the Pardon and Parole Board, and Governor Stitt should recognize that Manuel’s death sentence is unfair and excessive.”
Heller and other defense attorneys added, “Although his jury never knew it, Manuel Littlejohn suffers from lifelong brain damage resulting from his mother’s drug and alcohol abuse while pregnant and his deprived childhood that followed.”
Heller noted, “His 16-year-old mother was so severely addicted to drugs and alcohol during her pregnancy that she did not know she had given birth until the following day. As his mother’s addictions continued, both she and his abusive father were largely absent from Mr. Littlejohn’s childhood.”
“Mr. Littlejohn’s impaired brain development started in the womb and continued throughout his childhood of neglect and trauma. This brain damage impacted Mr. Littlejohn’s behavior in multiple ways, including causing poor judgment and impulse control, elements that led to his participation as a 20-year-old in the crime that resulted in his death sentence.” Heller concluded.
Littlejohn’s attorneys argued, “Because the crucial evidence involving Mr. Littlejohn’s brain development was never brought up, the United States Court of Appeals for the Tenth Circuit had reversed and remanded Mr. Littlejohn’s case due to how the counsel may have been ineffective such information to the jury. The lower court disagreed and, as a result, his death sentence remains as is. Doubt still remains as to whether it was Mr. Littlejohn or his co-defendant who fired the single, fatal shot. Yet Mr. Littlejohn’s co-defendant received a sentence of life without parole.”
The attorneys concluded, “We are hopeful that the Pardon and Parole Board will extend mercy and grant clemency to Mr. Littlejohn, whose life of trauma and neglect began in the womb, whose resulting brain damage was never considered by a jury, and whose role in the crime remains uncertain.”
