The three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta on Tuesday upheld the convictions against James Ray Ward. But it found there was "improper bailiff-jury communication" during the penalty phase of his trial and ordered a new sentencing hearing.
A Walker County jury convicted Ward of feticide and the kidnapping and murder of 23-year-old Nikia Gilbreath.
According to documents from the 1990 trial of Ward, Gilbreath’s husband returned home from work at 6 a.m. to find his wife missing and their 22-month old daughter home alone. Gilbreath’s body was found in a dumpster two days later.
Three of the victim’s ribs were broken and her body was bruised. Her fetus was in a partially delivered condition. The official cause of death was determined to be asphyxia.
During the appeals process, Ward argued that jurors asked a bailiff during deliberations whether they could impose a sentence of life without parole, and the bailiff told them it wasn't an option.
The appeals panel found that it violated Ray's right to an impartial jury and that the communication should have handled in court.
Ward was also arrested for the December 1989 rape of a Gordon County woman.
According to court documents, the Gordon County woman later told police that Ward had taken her to an abandoned home and told her it was a "good place to dump bodies."
When Gordon County deputies visited Ward’s home they found an unfinished room full of boxes containing several thousands of dollars worth of lingerie and adult magazines, according to court documents. Also, the officers found scraps of paper with physical descriptions for women along with dates, times and locations of observations and directions to their homes.
The Associate Press contributed to this story.
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