Crumitie Appeal

John "Billy Joe" Crumitie argued his lawyer who represented him at all three trials was ineffective. The judge didn't see it that way.

John "Billy Jo" Crumitie is now 27 years old. He's been behind bars since he was 16 and is serving a life sentence for the murder of British tourist Gary Colley at a Jefferson County rest stop in 1993.

He now wants a new trial saying his Aunt Janie Johnson could swear he was home in bed the night of the murder.

Crumitie contends his lawyer, Dwight Wells, didn't do his job because he didn't call his aunt to testify in any one of his three trials.

"I'm not sure I ever used the word alibi with Mr. Crumitie in the whole time of my representation," says Dwight Wells.

Yet Wells insists not once did anyone in the family speak up to say Janie Johnson was home that night. Prosecutors doubt the story and contend an alibi from a sleeping aunt could never overcome testimony from Crumitie’s co-defendants that he pulled the trigger that night.

"We had two co-defendants, Deron Spear and Audra Aikens, testify that he shot Gary Colley with a 22 revolver," says Mike Schneider.

Judge Ralph "Bubba" Smith made a decision within minutes, saying attorney Dwight Wells did do his job properly, and promptly denied Crumitie's request for a new trial.