Chilton County jury recommends death for James Osgood

CLANTON – A Chilton County jury deliberated for less than 30 minutes Monday afternoon before bringing back a death sentence recommendation in the capital murder trial of James Osgood.

The jury had the choice between a death sentence or life in prison without possibility of parole. The jury vote was 12-0.

The same jury deliberated for about an hour Friday morning before convicting Osgood, 44, of Shelby County, of two counts of capital murder in the Oct. 13, 2010, death of Tracy Brown, 44.

"The jury, by their convictions last week and with this death recommendation today, has delivered justice for Tracy," District Attorney Randall Houston said. "The facts of this case were difficult, very difficult to hear. With this unanimous recommendation for death, the jury shows that they understand this was an especially heinous and cruel act."

Circuit Judge Sibley Reynolds can accept the jury's recommendation or override it. Reynolds will sentence Osgood on June 13.

The capital counts were for murder in the commission of a rape in the first degree and murder in the commission of sodomy in the first degree.

During the penalty phase of the trial, the state put on evidence as to why the death penalty was warranted. The defense put on evidence supporting a life in prison without the possibility of parole recommendation.

The state simply re-entered all the evidence from the trial portion and called no witnesses in the penalty phase. The defense rested without calling a witness in the trial portion and called three witnesses in the penalty phase.

Osgood's older sister, Anne Marie Osgood, told the jury of the neglect and physical, emotional and sexual abuse they experienced as children. The only emotion Osgood displayed during the three-day trial or penalty phase was during his sister's testimony Monday. He wiped tears away several times as she told of their early life.

Teal Dick, a licensed counselor and director of the Alabama Family Resource Center in Clanton, told the jury of James Osgood's difficult early life.

He never knew his biological mother, a drug addicted prostitute who was murdered when Osgood was 9 months old, Dick told the panel. He was adopted as an infant, given up by his adopted parents, then sent off to live with foster family after foster family.

Dr. Leonard Mulbry, a forensic psychiatrist practicing in Charleston, S.C., told the jury he had diagnosed Osgood with sex addiction and anti-social personality disorder. Osgood also had documented substance abuse issues involving alcohol and methamphetamine, Mulbry testified.

Trish Jackson, Brown's stepsister, addressed the court after the jury made its recommendation. She lives out of state and has attended each day of trial. Reynolds allowed her to make a statement after the jury left the courtroom.

Jackson called the testimony of Dick and Mulbry "psycho-social crap."

"That thing over there that some people refer to as human, me and my family see as wicked and evil," Jackson said, as she indicated Osgood sitting at the defense table about 10 feet away. "That thing over there and another person took it upon themselves to kill my sister. Tracy's life was taken in a wicked, cruel manner and this thing and Tonya thought they could get away with it."

Tonya Vandyke, 43, Osgood's co-defendant and his girlfriend at the time, also faces two counts of capital murder. Her trial is set for December. Vandyke is Brown's first cousin, and the women were co-workers at a Clanton healthcare company.

The attack occurred in Brown's bedroom in her mobile home at Martin Trailer Court. The trailer court is off Chilton County 24, in the Enterprise community just north of the Autauga and Chilton county line.

Investigators with the Chilton County Sheriff's Office testified during trial that Osgood and Vandyke forced Brown to perform sex acts on both of them while a gun was pointed at her head. The key piece of evidence for the prosecution was Osgood's statement and confession to investigators.

In chilling detail, Osgood told investigators how he cut Brown's throat several times and stabbed her twice in the back.