JACKSON – Death row inmate Thomas E. Loden Jr., a former Marine Corps recruiter in Vicksburg, contends he didn’t know he gave up his right to appeal by pleading guilty to capital murder, his lawyer told the Mississippi Supreme Court on Tuesday.

Loden asked the Supreme Court to throw out his guilty plea and death sentence.

Andre de Gruy, with the Office of Capital Defense Counsel, told the justices that the error was not Loden’s alone. De Gruy said it appeared from the court record that Loden’s attorney and the trial judge also believed Loden could appeal his guilty plea.

However, Assistant Attorney General Marvin White Jr. said the court record showed Circuit Judge Thomas J. Gardner III repeatedly asked Loden whether he understood no appeal was available from a guilty plea. White said the court record showed that every time Loden answered that he understood.

Loden has two appeals pending before the court. One is from his sentencing, in which Gardner ordered the death penalty; and the other is a post conviction petition, in which Loden argues that his lawyer should have done a better job of advising him on the guilty plea.

Loden, 42, was sentenced to death in 2001 in Itawamba County for killing 16-year-old Leesa Gray. He was sentenced to 30 years on kidnapping and rape counts.

Gray disappeared June 22, 2000, while on her way home from work as a waitress at her family’s restaurant in the Dorsey community. She was found dead of strangulation the next day in Loden’s van, according to court documents.

Gray was last seen driving out of the restaurant parking lot. Relatives found her car hours later, her purse still inside, hazard lights flashing.

At the time of Gray’s death, Loden and his wife and daughter were living on Markham Street in Vicksburg and he was working as a military recruiter at Sack ‘N Save Plaza. He was visiting relatives in the Dorsey community in Itawamba County at the time of the killing.

Loden waived a jury trial and pleaded guilty. He agreed to allow Gardner to handle sentencing.

De Gruy said Loden believed he could still appeal even though he pleaded guilty rather being convicted by a jury.

&#8220But for the advice of counsel the plea would not have been entered. He would not have pleaded guilty and would have proceeded to trial,” de Gruy said. &#8220Mr. Loden was confused about what was going on.”

White said Loden’s arguments on appeal did not follow what was contained in the court record.

&#8220He got his change of heart … and is now throwing errors in everybody’s direction,” White said. &#8220It was fully explained to him what he was giving up when he pleaded guilty. He knew what he was doing.”

At the time of Loden’s arrest, he had attempted suicide, authorities said.