The Fayette Citizen-News Page
Wednesday, December 8, 1999
Murder trail set in SUV killing case

By MONROE ROARK
Staff Writer

Fayette County's latest death penalty case unofficially got underway Monday morning as a hearing was conducted in Superior Court regarding a man charged with a drug-related murder last spring.

The trial is expected to take place sometime next summer before Judge Christopher Edwards.

Carl Bryan Hodge faces charges of two counts of felony murder, one count of murder, two counts of aggravated assault, three counts of firearm possession during the commission of a crime, and one count each of arson and concealing the death of another.

He was arrested in early May after the death of Adolf Stubbs, who was found in a burned sport utility vehicle April 1 in north Fayette County. Stubbs had a bullet wound to the head.

Authorities said at the time that they believed the killing was the result of a dispute between partners in a drug deal. The investigation took local law enforcement officials as far as New York City.

Edwards presided over Monday's hearing, with district attorney William McBroom and assistant DA Tom Woodward representing the state. Hodge is being represented by Michael Martin.

Hodge retained Martin during the early stages of his incarceration, and Martin is now his court-appointed counsel on the basis of his inability to hire an attorney. When asked on the record by Edwards, Hodge said that he had no objection to keeping Martin as his attorney.

This would be the fourth death penalty case to go to trial in the past two years that Martin is involved in. He is currently working on two other such cases, one of which is on appeal and another for which a trial is set to start soon in Clayton County.

McBroom stated for the record at the hearing that he had officially filed a written notice of his intent to seek the death penalty in the case.

During a discussion of discovery matters pertaining to the case, Martin said that he would likely be challenging the arrays of the grand jury and traverse jury, although he had no statistics as yet from the jury commissioner. He added that Hodge's arrest was without a warrant, and he would challenge some statements Hodge made after his arrest.

The search of Hodge's home, which was done with a search warrant, would be challenged, as would any other searches that may have been done on Hodge's behalf, Martin said.

The subject of bail will not be addressed, according to Martin. Hodge has been held in the Fulton County Jail since his arrest, although he will be moved to the Fayette County Jail as a result of some discussion and an agreement between all parties at the hearing.

Martin is not certain how he will address Hodge's mental condition, and McBroom stipulated that if any expert testifies for the defense in that regard, he wants a written report from that expert on his findings in advance. Martin said that would not be a problem.

Edwards, who has a three-week medical malpractice trial scheduled for January in Upson County, conferred with the attorneys for both sides on possible dates to continue the proceedings. They agreed to have the arraignment Monday, Jan. 24, at 9 a.m.


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