A capital murder case in Mobile County is returning to court after the Alabama Court of Criminal Appeals threw out a death sentence handed down in 2013, ruling that the trial judge overstepped his authority in how the defendant’s legal representation was handled.
Carlos Edward Kennedy was convicted of raping and killing 69-year-old Zoa White inside her Mobile home in June 2010. Investigators said blood evidence, along with a palm print and fingerprint recovered from the scene, matched Kennedy. White, a former real estate professional, had also been active in state politics, having volunteered for a gubernatorial campaign and later worked for a state economic development agency.
Kennedy had asked to represent himself at trial, but the presiding judge at the time appointed an attorney over his objection, citing concerns about Kennedy’s capacity to prepare an adequate defense in a complex capital case. The appeals court found that decision was not within the judge’s authority to make, and the case must now be retried in Mobile County Circuit Court.
The Alabama Attorney General’s office chose not to appeal the reversal, and prosecutors say they intend to move forward quickly. Mobile County’s district attorney’s office has said the evidence against Kennedy remains strong and that officials are prepared to pursue the case again, including the possibility of another death sentence if he is convicted a second time.
Kennedy remains in custody while the case proceeds. A status hearing was set before a Mobile County Circuit Court judge to determine next steps, including how Kennedy’s request to represent himself will be handled going into the new trial.
The case has drawn attention in the Mobile legal community both for the underlying crime and for the unusual procedural history, which centers on a defendant’s constitutional right to self-representation balanced against courts’ obligations to ensure a fair trial. Legal observers say the retrial could take months to schedule given the complexity of capital litigation and the need to reassemble expert witnesses and forensic evidence from the original case.
For now, the matter remains active on the Mobile County Circuit Court docket, with prosecutors signaling they see no reason for lengthy delays.