The Register-Herald, Beckley, West Virginia

Police/Courts

July 17, 2014

Man twice convicted claims he was not the shooter

BECKLEY — A man twice-convicted for the 1999 shooting death of a Beckley woman has filed a writ of habeas corpus, now claiming he was not the man who shot Pamela Cabe.

Marvin Mills was originally convicted of Cabe’s murder after a jury trial in 2000.

Cabe, 48, was working at a business called Richmond Cleaners on South Kanawha Street in Beckley when Mills entered the business and shot her to death.

Authorities reported he was upset with a custody ruling involving their grandchild; Mills’ daughter was married to Cabe’s son, who had custody of the child.

In 2002, the Supreme Court overturned the jury’s guilty verdict based on several errors, including that a juror who knew one of the investigating officers was not stricken from the jury by the judge before the defense used one of its peremptory challenges.

When the case was tried again in 2003, however, the jury reached the same guilty verdict — life in prison without the possibility of parole.

The same year, Mills filed another appeal, claiming media coverage improperly influenced the jury’s verdict, but the Supreme Court did not grant the appeal.

In court Tuesday before special Judge John Cummings of Mingo County, Keller said Mills claimed he was not the killer.

During the trials in 2000 and 2003, Mills admitted to both attorneys and during multiple psychiatric evaluations that he was the shooter.

Both Keller and Mills’ defense attorney Stephen New have 60 days to submit their proposed findings of fact before the judge will rule.

— E-mail: wholdren@register-herald.com

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