Samuel Flippen
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Samuel Russell Flippen (September 30, 1969 – August 18, 2006) was an American man who was executed in
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
for murder. Flippen was sentenced to death for the February 1994 murder of Britnie Nichole Hutton, his 2-year-old stepdaughter. Since his execution, there have been concerns raised about his conviction and whether he may have been innocent. He was convicted based on
circumstantial evidence Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need ...
, had no criminal record, and maintained his innocence to the end. Some people opposed his execution, including Britnie Hutton's biological father. Flippen remains the most recent person executed in North Carolina.


Incident

On the morning of February 12, 1994, Samuel Flippen's wife, Tina Gibson, left her home for work in Forsyth County, North Carolina. She left Flippen alone with her daughter; 2-year-old Britnie Nichole Hutton. About one hour later, Flippen called 911 to report that Hutton had fallen from her chair and was having trouble breathing. Medical personnel responded to the call and found Hutton, who looked pale and made gasping-type respirations. Less than an hour later, Hutton was pronounced dead at the
North Carolina Baptist Hospital Atrium Health Wake Forest Baptist is an academic medical center and health system located in Winston-Salem, North Carolina, and part of Charlotte-based Atrium Health. It is the largest employer in Forsyth County, with more than 19,220 employee ...
. A
forensic pathologist Forensic pathology is pathology that focuses on determining the cause of death by examining a corpse. A post mortem examination is performed by a medical examiner or forensic pathologist, usually during the investigation of criminal law cases an ...
performed an autopsy on Hutton and observed injuries to her head, neck, chest, abdomen, and back. He stated that Hutton had died due to internal bleeding, caused by severe tearing of her liver and pancreas. He concluded that the injuries could not have been caused by a fall but instead had been caused by punches or blows to the abdomen. Flippen claimed that on the morning of Hutton's death, he had placed her in a high chair and had gone into another room. He reported hearing a loud noise and returned to discover that Hutton had fallen from the chair and was having difficulty breathing. He then called 911 for assistance.


Trial

Ultimately, Flippen was accused of beating Hutton to death after she would not stop crying. He was charged with first-degree murder. The state offered Flippen the chance to plea to the lesser charge of second-degree murder, which would have spared him from facing a death sentence. He refused, however. On March 7, 1995, he was found guilty of the murder of Hutton and was sentenced to death. He was found guilty based on
circumstantial evidence Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need ...
. In 1997, the
North Carolina Supreme Court The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists ...
overturned his original death sentence and ordered a second jury to consider Flippen's lack of prior criminal convictions before returning a verdict. The second jury deliberated for more than six hours before recommending a death sentence. On May 23, 1997, Flippen was formally sentenced to death again. At his trial, Gibson testified that Flippen was a violent husband. Prior to Hutton's death, Flippen had no criminal record and had not been in trouble with the law. Friends of his testified that he was a kind person and instead argued that Gibson was the more likely person to have beaten Hutton to death. Gibson was never considered a suspect and received no punishment. Gibson had reportedly left Hutton alone with Flippen on multiple occasions, despite testifying that he was a violent person. Flippen's lawyers also received a statement from a woman who had looked after Gibson's son in 1999. The statement said that the boy was severely bruised from a supposed beating.


Execution

On August 18, 2006, Flippen was executed via
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
at
Central Prison Central Prison is a prison operated by the North Carolina Department of Public Safety in Raleigh, North Carolina. The prison, west of Downtown Raleigh, is on of land and is bounded by a double wire fence with a razor ribbon on top. The Departm ...
in
Raleigh, North Carolina Raleigh (; ) is the capital city of the state of North Carolina and the List of North Carolina county seats, seat of Wake County, North Carolina, Wake County in the United States. It is the List of municipalities in North Carolina, second-most ...
. His
last meal A condemned prisoner's last meal is a customary ritual preceding execution. In many countries, the prisoner may, within reason, select what the last meal will be. Contemporary restrictions in the United States In the United States, most states gi ...
consisted of popcorn shrimp, hush puppies, french fries and a Coke. He made no official final statement. Flippen maintained his innocence to the end and throughout his time on
death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...
.


Aftermath

, Flippen remains the most recent person to be executed by the state of North Carolina, which has gone over seventeen years without an execution. Since Flippen's execution, there has been a
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
moratorium on the death penalty in North Carolina. It is now the longest gap between executions since capital punishment was banned in the state between 1962 and 1983. In 2021, Britnie Hutton's biological father, John Hutton, started raising questions about whether Flippen had really killed his daughter. John Hutton's attorneys filed a motion asking a judge to order the
Winston-Salem Winston-Salem is a city and the county seat of Forsyth County, North Carolina, United States. In the 2020 census, the population was 249,545, making it the second-largest municipality in the Piedmont Triad region, the 5th most populous city in N ...
Police Department to hand over their investigative files from the 1994 murder case. In the motion, Hutton's attorneys pointed to the allegation that Tina Gibson had allegedly beat one of her other children years after the death of Britnie Hutton. John Hutton opposed Flippen's execution back in 2006. On the seventeenth anniversary of Flippen's execution, a crowd gathered at Pullen Memorial Baptist Church in Raleigh to commemorate his death.


See also

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Capital punishment in North Carolina Capital punishment is a legal penalty in the U.S. state of North Carolina. Despite remaining a legal penalty, there have been no executions in North Carolina since 2006. A series of lawsuits filed in state courts questioning the fairness and humani ...
*
Capital punishment in the United States In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 s ...
*
List of most recent executions by jurisdiction Capital punishment is retained in law by 55 UN member states or observer states, with 140 having abolished it in law or in practice. The most recent legal executions performed by nations and other entities with criminal law jurisdiction over the ...
*
List of people executed in North Carolina The following is a list of people executed by the U.S. state of North Carolina since 1984. There have been a total of 43 executions in North Carolina, under the current statute, since it was adopted in 1977. All of the people executed were convict ...
* List of people executed in the United States in 2006


References

{{DEFAULTSORT:Flippen, Samuel 1969 births 2006 deaths 20th-century American criminals 21st-century executions by North Carolina 21st-century executions of American people American male criminals American murderers of children American people convicted of assault American people executed for murder Executed people from North Carolina People convicted of murder by North Carolina People executed by North Carolina by lethal injection People from Forsyth County, North Carolina