N. Carolina Man Executed for 1993 Murder

October 3, 2003

RALEIGH, N.C. -- A man who killed his mother's former boyfriend while living in the man's house in 1993 was executed early Friday by injection.

Edward Hartman, 38, was pronounced dead at 2:14 a.m., said Department of Correction spokeswoman Pam Walker.

Harman lost appeals alleging prosecutors tried to inflame jurors by talking repeatedly about his homosexuality.

Gov. Mike Easley denied a stay Thursday night that was requested by Hartman's lawyers. Earlier Thursday, the U.S. Supreme Court denied the request for a stay and review of the case.

Hartman admitted to the slaying of 77-year-old Herman Smith Jr. while Hartman was living at the man's house. Prosecutors said after drinking heavily, Hartman shot Smith in the head from close range while the man sat in a recliner and watched television.

Court records show Hartman told a friend Smith was wealthy and carried thousands of dollars in his pocket. He took the man's car and left the body in the chair.

He eventually buried the body in a horse stable and led authorities there after learning he was a suspect.

Defense lawyer Heather Wells said Hartman was unfairly treated during his trial because a prosecutor repeatedly referred to Hartman's homosexuality, which had nothing to do with the killing.

``From jury selection through the cross-examination of several penalty phase witnesses, the prosecution repeatedly made references to Eddie's homosexuality,'' Wells said. ``Eddie's homosexuality has no relevance to the crime or the circumstances surrounding the crime and no relevance to whether he should live or die.''