'Unmistakably improper' Here's why Paulsboro man will face fourth trial in woman's slaying
WOODBURY – A state appeals court has ordered a fourth trial for a man accused of killing a Paulsboro woman in 2012.
The decision overturned an aggravated manslaughter conviction for Samuel K. Davis, who has been serving a life sentence for the slaying of 70-year-old Thirza Sweeten.
The ruling said a prosecutor’s “unmistakably improper” comments at the most recent trial had violated Davis’ double-jeopardy protection against being tried twice for the same offense.
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The prosecutor told jurors that a deadly attack in Sweeten’s home “wasn’t reckless. This was done on purpose and intentional,” according to the May 24 decision.
Appeals court cites double jeopardy protection
The appeals court said the prosecutor’s remarks were “tantamount to trying (Davis) for first-degree murder,” rather than the charged offense of aggravated manslaughter.
But, it noted, the Paulsboro man was acquitted of a murder charge at his first trial in 2015.
Consequently, the double-jeopardy provision barred the prosecution “from proving — or arguing” a case for murder at any future trial, the three-judge panel found.
A spokesman for the Gloucester County Prosecutor's Office declined to comment on the pending case.
Sweeten’s body was found beaten, stabbed and strangled in her home in March 2012. A golf club and a knife were found at the crime scene.
Witness: Samuel Davis was outside victim's home
At the first trial, a witness testified she had seen Davis outside a window at Sweeten’s home shortly before the woman’s death. Sweeten’s adult son, who was hospitalized at the time of the attack, said Davis often climbed through his bedroom window to visit him.
The 2015 jury convicted Davis of aggravated manslaughter, but that verdict was overturned in July 2017. An appellate decision at that time faulted the trial judge’s response to a question from the jury.
A second trial, on a charge of aggravated manslaughter, ended in a mistrial in June 2019. The third trial took place over nine days later that summer.
Jim Walsh is a senior reporter with the Courier-Post, Burlington County Times and The Daily Journal. Email him at jwalsh@cpsj.com.
This article originally appeared on Cherry Hill Courier-Post: New trial ordered for Samuel Davis, accused of killing Thirza Sweeten
