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Eleven killers were executed in January 2001. They
had murdered at least 13 people.
Seven killers received stays of execution in January
2001. They have murdered at least 7 people.
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 4, 2001 |
Oklahoma |
Rhonda Timmons, 19 |
Robert
Clayton |
stayed |
|
An Oklahoma
inmate won a 30-day stay of execution Wednesday barely 24 hours before his
scheduled death for a murder 15 years ago. The stay, granted by Lt. Gov. Mary
Fallin, came in anticipation of DNA tests on recovered evidence that could
either clear Robert William Clayton or support his conviction. Clayton, 39,
was scheduled to die by lethal injection at 9 p.m. Thursday at the Oklahoma
State Penitentiary in McAlester. He was convicted of the 1985 murder of Rhonda
Kay Timmons, 19, at a Tulsa apartment complex. Fallin granted the stay in the
absence of Gov. Frank Keating, who was in Florida for the college national
championship football game between Oklahoma and Florida State. Keating
spokesman Phil Bacharach said the governor supported Fallin's decision.
"The attorneys in October had asked for DNA testing of certain evidence
that wasn't frankly recovered until today," Bacharach said. "This
will simply allow that DNA testing to be done." Defense attorney James
Hankins of Enid said the recovered evidence included a knife as well as a
bloody sock and overalls Clayton purportedly wore during the crime. The
evidence was to be examined by the Oklahoma State Bureau of Investigation. The
stay stopped what would have been the 1st of a record 8 executions set for
January in Oklahoma. Clayton, who has maintained his innocence, could
eventually go free if DNA tests on blood on the sock, knife and overalls prove
it did not belong to Timmons, Hankins said. "The state's whole theory of
the case was that Robert Clayton murdered this Timmons woman and that he was
wearing the socks and the overalls," he said. Prosecutors relied on blood
typing - the blood type on the evidence matched Timmons' - to argue for
conviction, Hankins said. The state Pardon and Parole Board denied Clayton's
clemency request in late November. Hankins had requested a 60-day reprieve,
the maximum allowed in Oklahoma and a federal appeal was pending Wednesday.
Clayton was an apartment complex groundskeeper convicted of killing Timmons on
June 25, 1985. Timmons was stabbed repeatedly and suffered a skull fracture.
Prosecutors said during his trial that Clayton came upon Timmons as she was
sunbathing. He beat her and stabbed her 13 times before strangling
her with her bathing suit top. Timmons' husband, Bill, found her in front of
their infant son's crib after he came home for lunch. The inside of the
couple's apartment was covered in blood, authorities said. The child is now
16. A court reporter and the Tulsa County Sheriff's Office disagreed on who
was responsible for keeping up with the evidence. Hankins said he was told the
evidence was found at the Tulsa Police Department. "It would be comical
if it wasn't pathetic," Hankins said before the reprieve was granted.
Hankins has said Clayton had a low IQ and mental capacity. Clayton's family
members, who traveled from Mississippi for his clemency hearing, said they do
not believe he was capable of such an act. Timmons' family said Clayton was
undeserving of clemency. UPDATE:
Lt. Gov. Mary Fallin lifted the stay of execution for
convicted killer Robert William Clayton on 1/19/01, three days after officials
said DNA evidence confirmed Clayton’s guilt. Attorney
General Drew Edmondson asked the Oklahoma Court of Criminal Appeals to
reschedule Clayton’s execution for Feb. 6. Fallin granted the 30-day stay
Jan. 3, hours before Clayton, 39, was scheduled to be executed for killing
Rhonda Kay Timmons, 19, at her Tulsa apartment on June 25, 1985. Fallin
approved the stay after learning that misplaced evidence had been found in an
evidence locker in the Tulsa County district attorney’s office. The evidence
included a bloody sock, overalls and a knife. The DNA testing was done by the
Oklahoma State Bureau of Investigation. The OSBI compared a blood stain on the
sock worn by Clayton with samples of Timmons’ hair, Edmondson said. The
blood on the sock matched the DNA profile of Timmons’ hair samples. The
overalls had no blood stains on them because Clayton had washed them after the
crime, Edmondson said. He said testimony at the trial was that the sock had
fallen next to the washing machine. Clayton’s attorneys had asked for the
DNA testing in October and December but the evidence was missing. Gov. Frank
Keating, who was in Florida attending the Orange Bowl, agreed with Fallin’s
decision to issue the stay until testing could be completed. Tulsa District
Judge Linda Morrissey authorized another DNA test to be completed by Jan. 29 by
a California laboratory. Edmondson said he doesn’t expect a different result.
Clayton was a groundskeeper at the South Glen Apartments where Timmons lived
when she was killed. She was stabbed 12 times in the chest, neck, side and arms
and suffered a fractured skull and large bruise on the back of her head. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 9, 2001 |
Texas |
Melisa Ann Garcia, 23 |
Jack
Wade Clark |
executed |
|
Jack Clark was sentenced to die for
the rape and stabbing murder of 23-year-old Melisa Ann Garcia in October of
1989. Clark, a transient, told police he spotted Melissa at a telephone booth,
asked her for a light for his cigarette, then stabbed her in the shoulder
before forcing her into her car. She drove to an abandoned area, where she was
raped and stabbed through the heart. In a brief final statement while
strapped to the death chamber gurney, Clark expressed remorse and prayed.
"I would like to say to the family that I am sorry and I do ask their
forgiveness," he said as five members of his victim's family stood a few
feet away watching through a window. He invited people to attend his funeral
Mass and then recited a short prayer, closing with the words "peace and
goodness." He sputtered and gasped slightly before slipping into
unconsciousness. He was pronounced death at 6:27 p.m., 9 minutes after the
lethal drugs started flowing. "If we confess our sins, He is just and
true to forgive us of our sins and cleanse us from all unrighteousness,"
Clark said. Gov. Rick Perry, in his 1st execution case since succeeding
President-elect Bush 3 weeks ago, cleared the way for the execution when he
rejected Clark's request for clemency. Clark, 37, led police to the body of
23-year-old Melisa Ann Garcia of Slaton, saying he spotted her body in some
tall weeds off a highway while making a U-turn. "But the way he described
the scene, he almost had to be the murderer," Rebecca Atchley, the former
assistant prosecutor in Lubbock who tried Clark, said. Clark was arrested and
confessed to the murder but insisted from death row he was innocent. "I
know I didn't do that," Clark said in an interview last week. "I
know for a fact I didn't rape that girl. Never happened." Recent DNA
tests on evidence tied him to the crime scene. Clark contended the evidence
was planted. Garcia was making a telephone call outside a convenience store
the early hours of Oct. 15, 1989, when Clark approached her and asked if she
had a light for a cigarette. When she finished her call, testimony showed he
stabbed her in the shoulder, forced her into her own car, drove away and
repeatedly raped her before fatally stabbing her in the heart. Clark said he
signed his confession in frustration. "I was truly seeking a way
out," he said. Clark, brandishing a knife at officers, was arrested
following a brief highway police chase a few weeks after he told officers he
spotted the body. "There was no possible way this guy could have seen the
body," said former Lubbock District Attorney Travis Ware, who went to the
murder scene. "Sometimes these guys will commit a crime like this and get
to be the hero by discovering the body. That apparently was what he was up to.
"Melisa Ann Garcia was a totally innocent victim of circumstance."
While in the county jail, Clark bragged about the rape and murder to another
inmate, who testified against him at his trial. Evidence also showed Clark was
a military deserter, was accused of assaulting and attempting to rape a
relative, threatening child welfare workers, neglecting and abusing his
children and of threatening and assaultive behavior toward neighbors. He also
had a history of making weapons while in jail, trying to intimidate guards and
fighting with inmates. Garcia's death was not the 1st murder tragedy for her
family. Her 69-year-old grandmother, Elizabeth Alvarado, was beaten to death
during a robbery at her home a year before Garcia was killed. The man
convicted of that killing, Adolph Gil Hernandez, is set for execution next
month. "We have been waiting so long for this day to come," Josie
Vargas, Garcia's aunt and Alvarado's daughter, told the Lubbock
Avalanche-Journal. "It's been terrible. I don't know how we
survived." "That made this case really tragic," Atchley said.
"2 victims of vicious murders in one family. It's very horrific." |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 9, 2001 |
Oklahoma |
Ernestine Jones, 84 |
Eddie
Trice |
executed |
|
On Friday, February 13, 1987, Trice spent most of
the day drinking with his roommate, Archie Landon, and Landon's
brother Walter. Trice and
Archie
Landon returned to their apartment between 5:30 and
6:00 p.m.
Archie
fell asleep on the couch and did not see Trice again until
early the next morning. At some point later that evening, Trice left the
apartment and drove to a house occupied by Ernestine Jones, an 84-year-old
woman, and her 63-year-old, mentally retarded son Emanuel. Trice parked one
block away, then walked to the Jones' house and entered through a bedroom
window on the northwest side of the house. Once inside, Trice severely beat
Ernestine Jones with a set of nunchucks (or nunchakus, a martial arts weapon comprised of
two pieces of wood attached by a string or chain) and raped her before making
off with $500. Ernestine, who was only 5' 1" tall and weighed 105 pounds, suffered a fracture to one of
her eye sockets, fractures to both her lower and upper jaw, neck injuries, a
crushed rib cage, internal bruises to her heart and lungs, two broken fingers,
extensive bruises in the genital area, and scratches in the vaginal canal and
cervix area. Although an autopsy suggested Ernestine likely survived for
several hours after the attack, she ultimately died of the multiple blunt
force injuries to her head, neck, and chest. Ernestine's
63-year-old retarded son, Emanuel Jones, was also severely beaten after
attempting to come to his mother's aid, according to police. Trice's roommate
called police after Trice returned home with a lot of money and claimed to
have whipped a homosexual with his nunchakus. The roommate said Trice had
hidden his bloody clothes in a nearby abandoned house. Trice was arrested 4
days after the murder and later confessed, said Oklahoma City police inspector
Eric Mullenix. He was sentenced to death in June 1987. "I have not the
words to describe the brutality and savagery of what I observed in the crime
scene," Mullenix wrote in October to oppose clemency for Trice. Mullenix
said Trice never showed remorse. The state Pardon and Parole Board rejected
the clemency request in November. Jurors ruled that the death penalty was
warranted because the crime met 4 of 8 aggravating circumstances. Trice had a
previous felony conviction involving the use of threat of violence and
knowingly created a great risk of death to more than one person during the
crime. Jurors also said the killing was a heinous, atrocious or cruel act and
deemed Trice a continuing threat to society. |
| Date
of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 11, 2001 |
Florida |
Sharilyn Ritchie, 34 |
Robert Glock |
executed |
|
Sharilyn
Ritchie, a 34-year-old Manatee County schoolteacher, had just parked her
car at a Bradenton mall on Aug. 16, 1983, when she was kidnapped at
gunpoint by Glock and a cohort, Carl Puiatti. They stole her wedding ring,
forced her to withdraw $100 from a bank, then drove her car north 60 miles
to Pasco County. They released her in an orange grove just south of Dade
City and handed her a sun visor, her purse and her husband's baseball
mitt. They started to
drive away, then decided to kill her because she could identify them. Glock and Puiatti returned three times and fired numerous shots at Mrs.
Ritchie. She managed to walk about 10 yards before collapsing for the
last time. When authorities found her body, she was clutching the leather
mitt to her chest. 5 days later, Glock and Puiatti were picked up by a New
Jersey state trooper who could not read the license plate on Mrs.
Ritchie's car. Glock and Puiatti both confessed to the murder, and in 1984
they were convicted and sentenced to death by a Pasco circuit judge.
Puiatti, now 38, is still on death row. A date for his execution has not
been set. The relatives
of Sharilyn Ritchie said Wednesday that they will take no pleasure in
Glock's execution. "We forgive him," said Mrs. Ritchie's sister, Rebecca
Burke. "We have no animosity for him." Glock said
his biggest regret was that he "didn't find God sooner. Mrs. Ritchie
wouldn't be dead." |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 11, 2001 |
Oklahoma |
Detra Pettus
Gloria Jean Leathers |
Wanda
Jean Allen |
executed |
|
Wanda Jean Allen's victim and one-time lover,
Gloria Jean Leathers, died four days after being shot at close range in 1988
by Allen in front of the Village Police Station in Oklahoma City. Allen said
she and Leathers were both out of control. Leathers had called her mother to
pick her up from the house where she and Allen lived. After packing her
belongings, Leathers and her mother went to the police station to file a
compliant against Allen. Allen followed Leathers and shot her. Leathers'
mother, Ruby Wilson of Edmond, witnessed the killing. On Oct. 13, Ruby Wilson
met with her daughter's killer. "I wanted to tell her how sorry I was for
taking her daughter's life. And I know there is no greater love than a
mother's love for a child because I have a mother as well. And I asked for her
forgiveness. She forgave me. We prayed together. And I let her know I loved
her for coming that day." Leathers and Allen met in prison. Allen was
serving a 4-year sentence for manslaughter. On June 29, 1981, at a motel in
Oklahoma City, Allen shot to death Detra Pettus following an argument with
Pettus' boyfriend. "We was friends," Allen said of Pettus. "We
grew up together. We lived in the same neighborhood. We had mutual
friends." While some prosecutors say that Allen and Leathers had a
relationship in prison, Allen said that was not the case. Allen was released
from prison before Leathers. When Leathers got out, she called Allen.
"She didn't have a place to stay," Allen said. "She and her
family were having problems. I allowed her to come and live with me because I
know how hard it is when you get out. "By me being locked up, I
understood that situation. You have to help people when they get out. Someone
had helped me when I got out, so in turn I wanted to help someone as
well." The pair lived together on and off for three years. She described
Leathers as funny and witty. "It was the wrong type of lifestyle,"
she said of the lesbian relationship. "It didn't make either of us less
human than if we were in a heterosexual relationship, a bisexual relationship.
We are still human. We have emotions. We laugh. We cry. It was part of our
life." At her trial, Oklahoma County prosecutors painted Allen as a
person who hunted down her victims. Prosecutors introduced a card Allen had
given Leathers. The card had a gorilla on it. The printed message said,
"Patience my ass. I am going to kill something." Inside, Allen had
written, "Try and leave me and you will understand this card more. Dig.
For real, no joke." Leathers was portrayed as meek and timid. Allen
said her attorney was not given a fair shot at defending her and was limited
in what he could present. In 1979, Leathers was arrested in Tulsa for the
stabbing death of Sheila Marie Barker, whom she killed outside a Tulsa disco.
A judge later determined the slaying was self-defense. Ruby Wilson of
Edmond can recall her daughter's murder as if it were just yesterday. The
57-year-old was an eyewitness in 1988 when Wanda Jean Allen shot Gloria Jean
Leathers during a confrontation in front of the Village Police Station, where
Wilson and her daughter had gone to file a report against Allen. Wilson
said they had just pulled up to the station after leaving the house where
Allen and Leathers had lived on and off for three years. Wilson said Leathers
was moving out. Leathers was exiting the car when Allen, who had followed
them, walked up with her hands underneath a sweatshirt. After exchanging words
with Allen, Leathers was leaning into the car to pick up her purse when Allen
"stuck it to my baby's ribs . . . she stuck it to her stomach and shot
her. It sounded like a cap gun." Leathers slumped into the car. Four days
later, she died following surgery, Wilson said. "I don't have any grudges
against her," Wilson said. "I don't hate her, but I hate what she
did. I hope she found peace with Christ about it. It does hurt. I will never
forget it. I will always see it. That is in the past. I have to go on toward
the future." Wilson on Oct. 13 met with Allen, who asked for forgiveness.
"Being bitter won't solve anything," Wilson said. "It won't
help me. It can't bring my baby back." Leathers left behind three
children, whom Wilson has raised. "Her children have suffered,"
Wilson said. "I am too forgiving. They are not." Robert Ferguson
Jr., Leathers' brother, is also not forgiving Allen. Ferguson said it is the
second time that Allen has shot and killed someone. Allen served part of a
four-year sentence for manslaughter stemming from the June 29, 1981, killing
of Detra Pettus. "Second of all, she did it in front of my mother in
front of a police station," said Ferguson, who lives in Jefferson City,
Mo., and is a supervisor for the U.S. Postal Service. "So, I don't feel
sorry for her, you know." Ferguson plans to witness Allen's execution,
which is set for shortly after 9 p.m. Jan. 11 at Oklahoma State Penitentiary
in McAlester. "If I could say anything to her, I don't know,"
Ferguson said. "I would say I am sorry this had to happen, but you
brought it on yourself." Mary Ann Leathers, 39, who lives in Tulsa and is
a day-care provider, also plans to witness the execution. She describes her
sister as sweet, friendly and a person who would "give you anything.
Sometimes you didn't have to ask for it." Oklahoma Attorney General
Drew Edmondson said "I have my own
personal opinion about the death penalty. I don't think it should ever be treated lightly. I
am no more troubled by her case than I am any other case that we
handle." Twenty-four relatives of murder victim Gloria Leathers and
manslaughter victim Detra Pettus traveled to McAlester for the
execution. Many of those relatives watched the execution from behind a tinted
window. Detra Pettus' mother, Delma Pettus, and sisters, Rhonda
Pettus and Sherri Wilson said Allen spent four years in prison after their
loved one "was pistol whipped and shot at point-blank range. The
short prison stays are a part of the reason crimes are repeated," the Pettus' statement read. "It has taken 20 years and a second murder in
order to get the death penalty." Allen's last chance for life was
erased about 7:30 p.m. Thursday when the U.S. Supreme Court refused to
intervene in her case. A few hours earlier, the same appeal was rejected by
the 10th U.S. Circuit Court of Appeals in Denver. "Ms. Allen has failed
to substantiate her allegation of a due process violation," the Denver
judges concluded 3-0, referring to her claim that an assistant attorney
general used false evidence against her at her unsuccessful Dec. 15 clemency
hearing. Forty-five minutes after the 10th Circuit's decision, Keating denied
a stay of execution. Keating said the courts had pondered the case for 12
years, and that Allen had lodged 11 different appeals since her conviction.
"This is not easy because I am dealing with a fellow human being ... with
a fellow Oklahoman," the governor said. "I have debated and
discussed this, and now have resolved to deny the extension of 30 days. I care very deeply for the victims of crime. I have no use for killers, but I
have a deep and abiding faith in the rule of law. I have to think about the
woman she murdered in cold blood. I grieve for the families; I grieve for the
dead. If a person takes another's life premeditated, they take their
own." |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 16, 2001 |
Oklahoma |
Katherine Anne Busch, 7 |
Floyd
Medlock |
executed |
|
On the afternoon of February 19, 1990, Medlock was
in his apartment watching cartoons on television when he heard someone
attempting to open his door. On opening the door, he found Katherine Anne
Busch, a small girl with a bicycle, who walked into his apartment and told him
she once lived there. When Medlock admonished her against barging into his
home, Kathy said simply that she was hungry and wanted something to eat.
Medlock gave her potato chips and began to prepare macaroni and cheese. While
cooking, he told the police, "this real weird feeling" came over
him. Precisely what Medlock did next is unclear but the following is
undisputed. Medlock grabbed Kathy by the arm, she jerked away, he grabbed her
again, and she jerked away again. He wrestled with her and covered her mouth
when she began to scream, choking her until she passed out. According to his
confession, she regained consciousness, and he dragged her to the bathroom and
forced her head into the toilet bowl for approximately ten minutes, during
which time she was gasping for breath. Then, while she was still alive, he
stabbed her in the back of the neck with a steak knife and later with a
hunting knife until she died, holding her head in the toilet bowl again so
that she would not bleed on the floor. After the bleeding ceased, he placed
her in the bathtub, removed her clothes, and attempted to sexually molest her
lifeless body. Finally, he wrapped her body in a blanket, placed it in a box,
and deposited the box and her bicycle into a dumpster behind a nearby shopping
center. Judy Busch and Johnnie Cabrera
remember where they were in 1990 when they learned their 7-year-old
granddaughter, Kathy, had been murdered. And they know where they will be
inside the towering white concrete walls of the Oklahoma State Penitentiary,
where Kathy's killer, Floyd Medlock, is to be executed for the crime. The 2
grandmothers won't be seated together, though. They won't be there to comfort
each other. They probably won't even speak. They are victims of the same
violent crime, but they disagree sharply over Medlock's fate - Ms. Cabrera is
chairwoman of the Oklahoma Coalition Against the Death Penalty, and Ms. Busch
is founder of the Survivors of Homicide Support Group. Ms. Busch wants Medlock
dead; Ms. Cabrera does not. The chasm is so great that the women - who say
they were never close even when their children were married - haven't spoken
since a 1992 confrontation inside the Oklahoma Capitol, where Ms. Cabrera was
speaking against capital punishment and Ms. Busch rebuked her. "We can't
sit in the same room," said Ms. Cabrera, who will be seated Tuesday night
with Medlock's witnesses, on the opposite side of a glass partition from Ms.
Busch. "That's really a shame because she has every right to her opinion
and belief. It's not for her to say my opinion and my belief is wrong."
"I couldn't tell you today exactly what she said," Ms. Busch said,
"except that she was speaking against the death penalty and how horrible
it is and how her granddaughter was murdered. That just absolutely devastated
me that she would do that. "It wasn't a pretty picture. Kathy lived with
me for a year and a half [when her parents separated and divorced]. Johnnie
never called. Johnnie never came over to see Kathy. I told her, 'You didn't
have anything to do with Kathy when she was alive and, by God, I don't want
you using her name now that she is dead.'" For the grandmothers,
Kathy's death and Medlock's sentence helped crystallize their thinking on the
death penalty. A former stockbroker and longtime single mother, Ms. Busch, 58,
said she already knew she supported capital punishment after serving on a jury
in 1988 that sentenced two men to death. But Kathy's death steeled her
resolve, especially, she said, when she discovered that victims' families
often were the last to know anything about the investigation or prosecution.
On the advice of her counselor, Ms. Busch searched for a support group for
families of homicide victims. To her surprise, she said, there wasn't one in
the Oklahoma City area. So she decided to start her own. Now, she said, her
mailing list includes about 500 families affected by murder. Her group
travels to the state prison in McAlester for each execution to hold a vigil
for the victims. She also joined the Oklahoma City Police Department in 1993
to serve as its homicide victim liaison. "People who have had the death
penalty imposed upon them are the worst of murderers," Ms. Busch said,
noting that the law requires "aggravating" circumstances before
capital punishment can be applied. "Some people just need to be out of
society and need to just not live," she said. "Just because you
leave them locked up doesn't mean they won't kill again." Ms. Cabrera was
raised in a law enforcement family in northern Minnesota. Her father was a
judge, her brother a police officer. The family's thinking, she said, was
black and white: "What's right is right, what's wrong is wrong. If you do
the wrong thing, you suffer the consequences. "When it [Kathy's murder]
first happened, I was so angry I probably could] have killed him myself,"
she said. But her Presbyterian upbringing, Ms. Cabrera said, also left her
with the conviction that "only God has the right to take a life. He put
us here, and he's the only one who can take us away." At the sentencing
trial, Ms. Cabrera said that she could see the pain on the face of Medlock's
stepfather. She approached him to say she did not blame him for Kathy's
murder. And she became convinced, she said, that the death penalty doesn't
really solve anything. "The death Kathy had was horrendous," Ms.
Cabrera said. "When we kill him, all he's going to do is go to sleep. I
think he should sit in his prison cell the rest of his life and think about
what he's done." Ms. Cabrera, a 65-year-old utility claims adjuster,
joined the Oklahoma Coalition to Abolish the Death Penalty and is now serving
as its chairwoman. Both grandmothers said they plan to continue their crusades
after Medlock's execution - Ms. Busch helping victims' families, Ms. Cabrera
fighting to abolish the death penalty. And neither said they expect any
fireworks, should their paths cross inside the state penitentiary on Tuesday.
"I don't anticipate anything bad happening," Ms. Busch said.
"It's not going to be comfortable. But there's nothing she can say that
will change my feelings. And I can probably never change her feelings."
Ms. Cabrera expressed sadness over the conflict. "She's still so
angry," she said. "The hate is just consuming her. You cannot go on
with your life with hate in your life. It will eat you up. There'll never be a
closure, because Kathy's not here. Executing him is not going to close this
thing. What does it accomplish? All you're doing is making another family
suffer grief." Ms. Busch, though, said she expects Medlock's death to
provide "a certain amount of peace. Since March of 1991, I have dealt
with the possibility that some court or some judge or someone would overturn
this sentence and he would be out," she said. "I anguished over
every appeal. It's horrible, waiting to see that decision upheld, because I
feel he would do it again if he had that opportunity. "When he's executed
Tuesday night, I won't have that worry." |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| January 17, 2001 |
Arizona |
Wanda Starnes |
Kenneth
Laird |
stayed |
|
Two weeks before the murder, Kenneth
Laird told two friends that he was getting a Toyota 4x4 truck. He also told
another friend's mother that he would get a truck "if he had to kill for
it." On September 2, 1992, Laird broke into the home of Wanda Starnes, a
night-shift nurse whom he knew owned a 4x4 truck. He spent the night in her
home, telephoning his friends, telling them he had moved to a house on Tatum
Ranch. When Wanda returned the next morning, Laird overpowered her, tied her
up, gagged her, and locked her in her bathroom. He then went to sleep in her
bed. The next morning, he apparently finished her off by inserting a
screwdriver in the knotted ropes encircling her neck and tightening them, then
bashed in her skull. As he drove her to the desert to bury her, her blood
dripped out of the truck bed, onto her driveway. He later joked with a friend
about having "killed a bitch," and offered to show him the body.
Laird spent the next few days driving around in Wanda's truck, forging checks
drawn on her account. When picked up in connection with another matter, Laird
told the police he happened on Wanda's body while bicycling through the
desert. He said he took her truck and moved into her house because she would
not need them anymore. Laird, a juvenile, was tried as an adult and convicted
of murder, kidnapping, burglary, theft, four counts of forgery, and robbery,
for which he was sentenced to death and consecutive sentences totaling 97
years. There are still appeals pending and this execution is not likely
to take place on this date. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 18, 2001 |
Arizona |
Kimberly Lopez |
Jose
Amaya-Ruiz |
stayed |
|
Mark and Kimberly Lopez gave Amaya-Ruiz,
a citizen of El Salvador, a job taking care of the stables at their ranch near
Tucson. Mark and Kimberly had been married for a week and Kimberly was 4
months pregnant. On March 28,1985, as Kimberly was talking to her sister on
the phone, Amaya-Ruiz entered the house. He stabbed Kimberly 23 times with a
kitchen knife while chasing her throughout the home. Amaya-Ruiz also used
Kimberly's handgun to shoot her in the ear. He fled in the Lopez' truck. Stayed by a US District Court. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 18, 2001 |
Texas |
James Douglas Tillerson |
Alvin
Goodwin |
executed |
|
Ohio native Alvin Goodwin was
sentenced to death for the November 30, 1986 abduction and shooting death of
20-year-old James Douglas Tillerson of Conroe. Goodwin and his
accomplice Billy Dan Aitkens Jr. forced their way into Tillerson's mobile home
and stole a VCR and tapes as well as a small amount of money while holding
Tillerson at gunpoint. They then kidnapped Tillerson and took him in
Aitkens' car to a wooded area where he was shot in the arm and head with a
.357 caliber pistol. His body was found in a decomposed condition on
January 17, 1987. The killers were arrested in Iowa a few days later. Aitkens was sentenced to life in prison for murder. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 18, 2001 |
Oklahoma |
Lois Frederick, 68 |
Dion
Smallwood |
executed |
|
Dion Athanasius Smallwood was
sentenced to die for the 1992 beating death of Lois Frederick, 68. He hit her
with a croquet mallet, placed her in a car and set the car on fire. Late
on the evening of February 5, 1992, Oklahoma City police and fire fighters
were called to the scene of a car fire. After extinguishing the fire, a badly
burned body was discovered in the back seat of the vehicle. A check run on the
vehicle's license number revealed that it was registered to Lois Frederick of
Oklahoma City. Simultaneously, Oklahoma City police were at Lois's home
investigating a missing person's report filed by her family. The body in the
car was identified as Lois Frederick, and an autopsy revealed that she had
died as a result of a severe head injury and smoke inhalation. It was
determined at trial that Smallwood had arrived at Lois's home around 4p.m.
Lois, a 68 year old woman, lived at the home with her daughter who was
Smallwood's girlfriend. Smallwood's relationship with the daughter had begun
in January of 1991, and was marked with numerous incidents of physical abuse.
The two had lived together, off and on, during most of 1991, but the daughter
had recently moved back in with her mother approximately one month before the
murder. Lois Frederick made no secret of the fact that she disapproved of and
did not like Smallwood. Likewise, animosity between Lois and her daughter was
well known to neighbors, family, and the Oklahoma City police, who had been
called to the residence on numerous occasions to resolve disputes between the
two. Lois's daughter was not home when Smallwood arrived there looking for
her. Smallwood testified that he arrived at Lois's home intending only to look
for her daughter. He walked into the residence, uninvited, knowing he was not
welcome, and immediately encountered Lois. She asked Smallwood to leave,
grabbing his arm in the process. Smallwood then pushed her away, causing her
to fall over backward. Lois, advising Smallwood she would "make him
pay" for his actions, attempted to call police, but Smallwood took the
phone from her and smashed it. The confrontation continued, with Smallwood
conducting a room to room search of the house, looking for the daughter, with
Lois in tow. During that time, Smallwood again struck Lois in the face,
knocking her to the ground and bloodying her nose. As the two entered one of
the bedrooms, Lois attempted to clean up, washing the blood from her face in
the adjoining bathroom. Smallwood testified that Lois came out of the bathroom
and kicked him in the shin. He responded by grabbing a croquet mallet, and
telling Lois that he had no "beef" with her. He testified Lois then
brandished a knife at him, at which point he struck her once in the head with
the croquet mallet. He left Lois in the bedroom, closing the door behind him,
after hearing her choking. He said had no recollection of Lois moving after he
initially hit her, and thought he had killed her. Smallwood then attempted to
clean up the house, wiping blood from various surfaces with a pair of Lois'
socks, turning the bed mattress over to conceal a large blood stain, and
placing various items in a trash bag which he then took to the garage. He
closed the front door after making sure that no one was watching him, and
eventually wrapped Lois' body in the sheets and a bedspread from the bed, and
laid her in the back seat of her car. At about 6:30 pm, Lois's daughter
told her aunt during a phone call that Smallwood was going over to kill Lois.
Lois's sister called 9-1-1 requesting that someone check on Lois. and the
Oklahoma City police went to the house to check on her. The officer tried to
enter the house after getting no response, but the doors were locked. The
officer testified that the daughter arrived home as he was in the process of
investigating Lois's disappearance. The officer said she was anxious, frantic,
and excited, and indicated that initially he had no idea what she was trying
to tell him. Eventually he understood her to say that Smallwood had her
mother, and that he had threatened to kill Lois if the daughter refused to
meet him that day. The officer left after looking in the windows of the house
and seeing no one. Upon hearing the police officer's knock on the door,
Smallwood hid in a storage closet to avoid detection. Lois' body had already
been placed in the car, and Smallwood left the residence in her car after the
police left the scene. Smallwood claims he drove around for some time, trying
to decide what to do. He called a friend requesting assistance, telling him he
thought he had killed somebody. The friend refused to help, and Smallwood
eventually stopped at a gas station and purchased some gasoline which he put
in a plastic container given to him by the gas station personnel. Smallwood testified he splashed the gasoline around the outside of the car and
on the front seat, but denied pouring any on Lois' body. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 19, 2001 |
North Carolina |
John Redd |
Bobby
Harris |
stayed |
|
Bobby Lee Harris was sentenced to die
for the Onslow County murder of John Redd, owner of a commercial fishing
business who was robbed and stabbed in the back before being thrown overboard
in August of 1991. Testimony at the trial indicated that Harris and
another man who worked in Redd's fishing business conspired to rob him so they
could go to Georgia to avoid other legal problems in North Carolina. But
instead of tying Redd up, as originally planned, Harris stabbed Redd three
times in the back because he was "griping" too much. Harris
indicated Redd was taken to shore, made comfortable, and told that help would
be sent. But the high court said the evidence indicated that Redd had
been dumped into the water and made it to shore on his own before bleeding to
death. Harris had plenty of opportunity to safely get Redd help, but didn't.
The men had gone to John Redd's house and stolen items from there before
leaving for Georgia. Redd was found 10 hours after he was stabbed and lived
long enough to speak to authorities before dying on the operating table. UPDATE:
As convicted murderer Bobby Lee
Harris was moved to a "death-watch" area and visited with family
members Wednesday, a Superior Court judge granted a stay of execution until
concerns by defense lawyers could be heard. Judge Wade Barber issued the stay
late Wednesday afternoon and set a Feb. 20 hearing primarily over 3
jurisdictional and procedural claims posed by Harris' lawyers. Even before
Barber signed the order, state prosecutors appealed to the N.C. Supreme Court
to lift the stay. "Our position is that the judge should never have
issued the stay, and he should have denied the application ," said N.C.
Special Deputy Attorney General Edwin Welch. "I don't know what (the
justices) will do, or when. It's in their hands." Mark Edwards, one of
Harris' 2 lawyers, said he and partner Dan Shatz must respond to Welch's
motion by 8a.m. today. Though the Supreme Court had set no hearing by late
Wednesday, Edwards said he expected the justices to hear the motion today.
Harris, 34, is scheduled to die by lethal injection at 2a.m. Friday for the
1991 stabbing death of John Redd, a shrimper Harris worked for in Onslow
County. Harris has admitted killing Redd. The legal maneuvering means Gov.
Mike Easley will wait until appeals are completed before issuing a clemency
decision. Prosecutors have asked the governor to refuse clemency; the defense
wants the death sentence changed to life in prison. Edwards and Shatz, both of
Durham, detailed three concerns to Barber, including the allegation that the
case should never have been tried in state court. They contend the murder
should have been tried in federal court because it took place "in an area
that should have been under the exclusive jurisdiction" of the Camp
Lejeune Marine Base, Shatz said. Edwards and Shatz also allege that during
Harris' trial his original lawyer became so sick with bone cancer he had to
quit after his client's conviction and couldn't defend him in the sentencing
phase that determines whether a defendant gets the death penalty or life in
prison. The judge immediately dismissed the jury "without asking the
jurors if they could reconvene in 6 weeks," Shatz said. 6 weeks later a
new jury was named and the sentencing was argued in front of a new judge. In
the stay order, Barber asks lawyers to address in an "evidentiary"
hearing the issues of federal jurisdiction and the sentencing with a new jury.
The case has attracted unusual attention from media from as far away as
Germany, Scotland, Ireland and South America. Harris was featured last year in
a Benetton clothing ad, as part of a controversial campaign against capital
punishment that used photos of seven N.C. death row inmates and 19 others.
Dagmar Polzin, a German woman who saw the ad featuring Harris displayed on a
Hamburg bus, began writing to Harris and moved to North Carolina in October to
be near him. The two had plans to be married until Polzin called off the
wedding, saying she didn't want to be a widow. Polzin said she still hopes
Easley will spare Harris' life so they can get married. Easley is the former
N.C. attorney general whose office prosecuted Harris. Tuesday, he held a
5-hour clemency hearing with prosecutors and others who believe the execution
should go on. He also met with lawmakers who support a moratorium on the death
penalty. Defense lawyers told Easley that Harris shouldn't be executed because
his IQ of 73 to 75 puts him just above the mentally retarded threshold and
some states bar execution of such people. In his confession, Harris said he
stabbed Redd and stole his truck and about $80. Redd, attacked while on his
boat, was found on an island in Onslow County. He was picked up by a passing
boat and died during surgery at the Camp Lejeune hospital. Wednesday, officers
at Central Prison in Raleigh moved Harris into the "death-watch"
area, where he visited for 3 1/2 hours with his mother, brother, sister and
sister-in-law, all from the Chicago area, said Correction Department spokesman
Keith Acree. Harris had not seen his mother since September 1999. "He's
had very little contact with his family," Acree said. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 22, 2001 |
Texas |
Velma Clemons |
Stephen
Butler |
stayed |
|
When Steven Butler was arrested in September of
1986 for aggravated sexual assault, attempted capital murder and aggravated
robbery, he told authorities he was also responsible for more than a dozen
aggravated robberies and the capital murder of Velma Clemons, a 50-year-old
clerk who was shot to death in the robbery of a dry cleaning store where she
worked on August 27, 1986. Butler had entered the store and used a false
name to pick up laundry. When Velma returned to the front and told
Butler she could not find his order, he pulled a pistol and demanded
money. Velma resisted and Butler grabbed her around the neck and threw
her to the floor, then shot her in the abdomen. She later died at the
hospital. Butler also received a life sentence in the aggravated sexual
assault case. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 23, 2001 |
Oklahoma |
Rick Cast, 33
Chumpon Chaowasin, 44 John Barrier, 27 |
Mark
Fowler |
executed |
|
The Oklahoma Pardon and
Parole Board voted 4-0 to deny clemency for Mark Fowler. Fowler was
sentenced to death for the 1985 murders of Rick Cast, 33, Chumpon Chaowasin,
44, and John Barrier, 27. The three men were killed during a robbery at a
supermarket in Edmond. Fowler's accomplice,
Billy Ray Fox, had worked at the store and was fired shortly before the
robbery. The pair herded night manager
Rick Cast and employees Chumpon Chaowasin and John Barrier into a back room,
where they were shot, clubbed and stabbed. Fox and Fowler were tried together,
and both received death sentences.
Billy Ray Fox's execution is scheduled for January 25. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 25, 2001 |
Oklahoma |
Rick Cast, 33
Chumpon Chaowasin, 44 John Barrier, 27 |
Billy
Ray Fox |
executed |
|
Billy Ray Fox was convicted in 1986 for the 1985
execution-style murders of three Edmond employees of a Wynn's IGA in Oklahoma
County. Fox had worked at the store and was fired shortly before the
robbery. He and his accomplice, Mark Andrew Fowler, herded night manager
Rick Cast and employees Chumpon Chaowasin and John Barrier into a back room,
where they were shot, clubbed and stabbed. Fox and Fowler were tried together,
and both received death sentences. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 25, 2001 |
Arkansas |
Bethany White, 19 |
Robert
Robbins |
stayed |
|
A man who says he wants
to die for the murder of his former girlfriend is set to be executed Thursday.
Robert A. Robbins has not filed a clemency
request, and Gov. Mike Huckabee's office said the governor therefore would not
review the man's case. After he was convicted of capital murder, Robbins
waived his appeals so he could die for the Nov. 4, 1997, murder of Bethany
White in Jonesboro. Robbins had said he killed Bethany because she was ending
their yearlong relationship.
The relationship began when
the two were sophomores in high school, but there were "no signs of
fighting, stalking or anything out of the ordinary," a friend said. High-school
classmates said the couple was always together. A
friend described Bethany as "a good friend and a good person to talk to -
a shoulder to cry on." Her friend described her as "very quiet. She
lived in her own corner." Jonesboro police
were contacted by the Poinsett County Sheriff's Office shortly before midnight
Tuesday. The Poinsett agency received a 911 call from someone using a cellular
phone who said he had killed White and was driving to Fayetteville. Authorities
caught up with Robbins at the Ramada Inn in Conway after Jonesboro police
issued a statewide bulletin naming Robbins as the suspect in White's murder. In
October of 1999, the state Supreme Court cleared the way for Robbins'
execution. But in December 1999, the high court stayed an April 2000 execution
date for Robbins and instituted a policy of reviewing all execution cases in
response to Robbins' request to be allowed to die. The high court issued the
precedent-setting decision after Robbins' mother filed a request to intervene.
She also asked justices to review the trial-court record to determine if
Robbins was competent to waive his right to appeal, if death-case appeals
should be automatic and if another lawyer should be appointed to ensure
Robbins' case was properly examined. Attorney Jeff Rosenzweig represented
Robbins' mother. He said after the execution date was set last month that he
did not anticipate any further appeals. He noted that Robbins had asked to be
executed and that Robbins' mother also has not asked him to pursue further
appeals. Robbins is the son of a doctor and the step-grandson of a former
mayor of Jonesboro. UPDATE: 1/25/01 - A
federal judge granted a stay of execution Monday for a former UA student who
scheduled to be executed Thursday for the murder of his former girlfriend.
Robert A. Robbins, 21, was convicted in the Nov. 4, 1997, murder of Bethany
White in Jonesboro. Robbins was a UA engineering student at the time. U.S.
District Judge James M. Moody ordered the stay for Robbins, who was scheduled
to be executed by lethal injection Thursday night in the Tucker Maximum
Security Prison outside of Pine Bluff. “I know what crime I made, and I feel
that this is a suitable punishment, and I see no reason why I should fight
what is right,” Robbins told the trial court Aug. 29, 1998, according to
court records. However, in his petition to the federal court Monday, Robbins
said his Constitutional rights were violated by “victim impact” evidence
used by the prosecution in his sentencing; the jury’s inconsistent findings
concerning mitigating circumstances, which could have affected the severity of
his penalty; and the reliance by the state and the jury upon the circumstance
that “the capital murder was committed in an especially cruel or depraved
manner.” He said his Fifth, Eighth and 14th Amendment rights were violated.
Court records state that during sentencing, Jan White, the victim’s mother,
“knew that her ‘victim impact’ testimony would ‘impact’ the jury and
help to persuade the jury to return a sentence of death.” Since that time,
White has visited Robbins on death row several times and told him that she
doesn’t want him executed, according to court records. Also, Robbins stated
in his petition that the jury was inconsistent when deciding whether his lack
of prior criminal activity should be considered mitigating circumstances. The
state and the jury also relied upon Arkansas Code Annotated 5-4-604(8) that
aggravating circumstances found by the jury to exist that “the capital
murder was committed in an especially cruel or depraved manner,” according
to the record. This particular aggravating circumstance, both as drafted and
applied, is unconstitutional under the Fifth, Eighth and Fourteenth
Amendments,” according to court records. The petition states this statute is
vague and that the Arkansas General Assembly has not provided a meaningful
definition. Robbins’ attorney, Craig Lambert of Little Rock, filed the
petition for stay on behalf of Robbins. Moody appointed Lambert, who according
to court records, is representing Robbins pro bono, without compensation.
“On January 18, 2001, attorney Craig Lambert visited me in person here on
death row,” Robbins stated in an affidavit. “Mr. Lambert informed me that
I still have appeals available at this time. In particular, Mr. Lambert told
me that I can seek and obtain federal court review of my conviction and death
sentence through a ‘petition for writ of habeas corpus.’ “It is my
desire now to seek a stay of my currently scheduled execution and relief from
my conviction and death sentence,” Robbins said in the affidavit. Robbins
drove from the UA to Jonesboro Nov. 4, 1997, “for the express purpose of
killing Bethany,” according to court documents. “He chose this time because he
believed he could kill her when her mother would be gone from the home where
Bethany and her mother lived.” Robbins had dated White for about a year and a
half when she attempted to end the relationship. On at least one occasion during
the relationship, Robbins assaulted White, records indicate. Robbins “concluded
that he could not stand for Bethany to date anyone but him, and that if she
would not be his girlfriend, she would be no one’s girlfriend,” court records
state. Robbins planned White’s murder for several weeks. He kept some of his
plans in a journal on his personal computer, records show. Robbins followed
White from her workplace to her home and forced his way inside, court documents
show. He confessed that he attacked White and “strangled her until his hands
turned blue and he could no longer control them.” However, the medical
examiner’s report showed that the bruising on the victim was more consistent
with a forearm choking from behind. Robbins also said he then attempted to break
White’s neck by twisting and turning it. The autopsy confirmed that White’s neck
had been broken. Being uncertain of her death, Robbins stated that he then took
a kitchen knife and attempted to thrust it up her nasal passage to “scramble her
brains.” The autopsy report did not indicate any injury to White’s nasal cavity.
However, Robbins did stab the victim several times in the chest with a kitchen
knife. Robbins then wrapped duct tape over White’s mouth and nose. The medical
examiner listed suffocation as the cause of death. After this point, Robbins
took a decorative or novelty sword and attempted to thrust the sword into her
chest, but the sword bent and would not penetrate. Believing that White was
dead, Robbins placed a fortune cookie paper on the victims chest which read,
“You will soon have an opportunity to make a change to your advantage.” Robbins
stated that he then sat down at the kitchen table, smoked a cigarette and drank
a soda while he waited to make sure she was dead. Robbins made a 911 call to
Poinsett County Sheriff’s Office and confessed that he had committed a murder
but would not identify whom he had killed or where the murder occurred for more
than 45 minutes. He was arrested in Conway the following day. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 29, 2001 |
Texas |
Lori Bruch, 19 |
Caruthers
Alexander
|
executed |
|
On April 23, 1981, Lori Bruch was attacked while
leaving her job as a waitress at a Perrin-Beitel
Road nightclub. Caruthers "Gus" Alexander was convicted
of raping and strangling Lori. Alexander had previous convictions for
arson, for which he served only 7 months of a two year sentence and involuntary
manslaughter for which he served only 10 months of a 3 year sentence. Alexander
was first convicted of capital murder and given a death sentence in October
1981. Lori's nude body was found by two children in a rain-clogged gutter
in front of Flower Mound School. Her hands and feet were bound and rope was tied
around her neck. In 1987, the Texas Court of Criminal Appeals reversed
Alexander's
conviction. He was retried in May 1989 and received the death penalty
again. In July of 2000, a
Bexar County judge halted Alexander's scheduled execution a week before so that
hair found on the victim could be examined with modern DNA testing
techniques. UPDATE: A former truck driver remains on death
row after DNA tests failed to clear him of raping and strangling a cocktail
waitress. DNA tests showed hair found on 19-year-old Lori Bruch belonged to
Caruthers Alexander, who has been convicted twice for her slaying, the San
Antonio Express-News reported. Prosecutors and Alexander's lawyers agreed to
delay the execution in July to conduct DNA tests not previously available.
"We believed we had the right guy. However I believe there shouldn't be a
question about people we execute," Prosecutor Susan Reed said. "We
should leave no stone unturned." Reed said she will seek the earliest
execution date possible. Alexander's attorney, Jeff Pokorak, declined comment.
Alexander, 52, has been on death row since 1982. Bruch was attacked and killed
in 1981 after leaving her job as a club waitress. The Texas Court of Criminal
Appeals threw out Alexander's original capital murder conviction, ruling
certain testimony improper. Alexander was convicted and sentenced to death
again in 1990. UPDATE: A man who raped and
strangled a woman he abducted after a staged traffic accident in 1981 was
executed by injection Monday. Caruthers Alexander, 52, was set to die last year
but the execution was halted so more sophisticated DNA testing could be
performed on evidence. Test results, received last month, confirmed his guilt.
19-year-old Lori Bruch, the mother of a 2-year-old, was driving home when her
car was hit from behind by a van authorities said was driven by Alexander.
Prosecutors said Alexander lured Bruch from the car, tied her up, and raped and
strangled her. "It's every woman's worst nightmare to be driving on the
street and be abducted and it's every husband's nightmare that your wife would
be out and not come home," said Lyndee Bordini, a former assistant district
attorney who prosecuted Alexander. Bruch's body was left in a rain-flooded
gutter near an elementary school, where it was found by children walking to
classes. A priest had seen the van in the area and reported it to police. When
they tracked it down they found one of Bruch's earrings and her belt inside.
Paint scrapes on the van matched the paint of Bruch's car. In a death row
interview earlier this month, Alexander maintained his innocence. "There's
a lot of stuff in the conviction that was bunk," Alexander said. "I'll
say that straight off the bat: Bunk! The test shouldn't have come back positive.
If anything, this last test should have come back inconclusive or not
mine." After the execution, Lori's family said in a statement,
"Our family and friends, as well as who knows how many countless other
lives she would have touched, have lost so much. Today marks the end of a very
long and tragic chapter in our lives and we are relieved it is over. Today is
finally the day for this victim. Justice for Lori. We loved her then, we love
her now and we will love and miss her forever." |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 30, 2001 |
Oklahoma |
Addie Hawley, 84 |
Loyd
Lafevers |
executed |
|
Addie Hawley isn't around to tell the Oklahoma
Pardon and Parole Board who kidnapped her from her Oklahoma City home, beat
her so badly her dentures were knocked from her mouth, doused her with
gasoline and set her on fire. But defense attorneys for death row inmate Loyd
Lafevers hope that new DNA test results will convince the board
Wednesday that
Lafevers wasn't the one who beat and killed the 84-year-old
woman. His attorneys may concede
Lafevers was involved in robbing Hawley but not in her murder,
which Oklahoma County Assistant District Attorney Lou Keel called the worst
he'd seen in the close to 100 murder cases he's worked in nearly two decades.
The DNA results are also the basis for a stay of execution request to the 10th
Circuit Court of Appeals in Denver. A federal judge on Friday denied such a
request, saying he didn't have jurisdiction. Defense attorneys also want
unidentified hairs found at the crime scene tested, according to court
documents. Oklahoma Attorney General Drew Edmondson said recent DNA tests of
blood from a pair of jeans used as evidence in
Lafevers' trial only show that the prosecution's theory was
flawed. There is ample evidence to put
Lafevers at the scene as an active participant in the murder, he said. Lafevers
broke into Hawley's house, helped put her in the car, filled
receptacles with gasoline used to douse her and gave her well-worn wedding
ring to a stripper shortly after the murder, Edmondson said.
Lafevers was 19 with a 10th-grade education in June of 1985.
After
Lafevers' car broke down, he and Randall Eugene Cannon, 25, went
to the Hawley's home and kicked in the front door. She attempted to escape but
was brought back to the house, which was ransacked. Hawley was taken to
another site in the trunk of her car, beaten and set on fire. Hawley was found
still alive but died a few hours later. She had burns on more than 60 percent
of her body. Prosecutors alleged she had been raped and sodomized.
Lafevers was acquitted of the rape and sodomy charges, according
to court documents.
Lafevers and Cannon each blamed the other for Hawley's murder.
Lafevers had said that he didn't know until the next day that
Hawley had been killed. "By then I thought I had talked him into just
letting her out, so I run up the street to watch down another street to see if
any cars was coming and I thought he was just going to let her out
there,"
Lafevers said in a June 27, 1985, statement. According to
Lafevers, after he left, Cannon burned the car and then the pair
went drinking. When the pair were tried together in 1986, it took a jury less
than two hours to convict. A successful appeal brought the pair new separate
trials in 1993 with the same results. Defense attorneys will say the evidence
against
Lafevers comes down to state's exhibit 83, a bloodied pair of
jeans taken from Cannon's home. "The pants were the only direct physical
evidence relied on by the state to support the allegation Mr.
Lafevers was a direct participant in the murder of Addie
Hawley," Catherine Burton, one of his trial attorneys, said in a Feb. 10
affidavit. Recent DNA testing showed blood on the jeans belonged to Cannon and
another unidentified person. Prosecutors had originally contended that
Hawley's blood was on the jeans. Federal defender Patrick Ehlers Jr. was
assigned the case on Jan. 7 after the attorney representing
Lafevers failed to meet an appeal deadline, resulting in a
request for an execution date. Ehlers successfully won a court order for the
tests. Edmondson also had his own tests done. In closing arguments at
Lafevers' 1993 trial, both prosecutors mentioned the pants. One
told the jury to conclude that they belonged to
Lafevers and were bloodied when he was beating Hawley shortly
before she was doused with gasoline and set on fire. "The prosecutor left
an inference with the jury that turned out to be inaccurate," Edmondson
said. "That doesn't mean (Lafevers)
is innocent." Jurors were given options. One was first-degree murder with
malice aforethought, meaning
Lafevers planned the murder or was a participant, Edmondson
said. "If you are in on planning and encouraging and supplied the
materials and someone else goes to Oklahoma City and blows up the building, it
doesn't matter who set the match," Edmondson said. "You are a
principal and you are just as guilty as the guy who did it." The jury
also could have convicted
Lafevers of felony murder, in which a person dies accidentally
as a result of another felony. A conviction on either charge can bring a death
sentence. "A jury is less likely to give the death penalty to someone
sitting in a car passed out drunk rather than doing the actual killing,"
said Oklahoma City attorney Jack Fisher. Fisher, who was not speaking in
reference to a particular case, represents Cannon, whose appeal is at the 10th
Circuit Court of Appeals. Fisher says the recent DNA results don't implicate
his client in Hawley's murder. "It's his blood, not the victim's,"
Fisher said. UPDATE: One of two men who tortured, bludgeoned, then set fire to
a Colorado senator's 84-year-old aunt in Oklahoma 15 years ago won't be
executed this morning. Loyd
Lafevers came within hours of death before winning a stay
Tuesday from the 10th U.S. Circuit Court of Appeals on the basis of new DNA
findings. The state of Oklahoma tried to vacate the stay so the execution
could continue by filing an emergency application with the U.S. Supreme Court.
But the high court denied the request Wednesday. The Oklahoma Pardon and
Parole Board, decided unanimously Wednesday to adjourn
Lafevers' clemency hearing until March 21. The delay was
solidified when U.S. District Judge Tim Leonard postponed today's scheduled
execution for 90 days. "We're just hoping for more time," said
Lafevers' sister, Kim
Lafevers. "I'm trying to be optimistic, but I don't want to
be let down. He's my big brother, just thinking of him dying is
treacherous." Colorado State Sen. Ken Chlouber, whose aunt was the murder
victim, had a different view of
Lafevers. "This guy will go to hell, and that's the place
for him," the Leadville Republican said Tuesday after he was excused from
legislative work to attend Wednesday's clemency hearing and witness today's
scheduled execution.
Lafevers, 34, was sentenced to death for the 1985 murder of
84-year-old Addie Hawley, who was kidnapped, beaten and set on fire. The
appeals court ordered the stay Tuesday after recent DNA findings contradicted
evidence used by prosecutors in
Lafevers' trial. Recent DNA tests show that blood found on a
pair of pants was not
Lafevers' but his co-defendant's, Randall Eugene Cannon.
Chlouber came to the hearing to speak on his aunt's behalf. "This is a
surprise. I would have thought the Oklahoma Attorney General's Office would
have been more prepared," he said. "Every day this guy is living has
been an injustice." UPDATE: The Oklahoma Court of Criminal
Appeals set Jan. 30 as the execution date for death row inmate Loyd Winford
Lafevers. It is the 2nd execution date that has been scheduled for Lafevers,
whose March 2000 execution was stayed so he could pursue appeals on the basis of
DNA evidence. Attorney General Drew Edmondson requested a new date a day after
U.S. District Judge Tim Leonard rejected Lafevers' appeals based on a claim
that new DNA tests on a pair of jeans used as evidence in his trial actually
contained the blood of his co-defendant. Prosecutors alleged at the trial that
the blood belonged to murder victim Addie Hawley, 84, of Oklahoma City. The
woman was abducted, beaten and set on fire in 1985. "I am pleased the
court has marked what should be the end of Lafevers' attempts to delay the
punishment given him by a jury of his peers," Edmondson said. "I
have said repeatedly from the beginning, Loyd Lafevers is guilty of the murder
of Addie Hawley and warrants the punishment assessed by the jury," he
said. Lafevers and Randall Cannon, the co-defendant, were tried and
convicted and given the death penalty, but their convictions were reversed.
They again both received the death penalty in separate trials in 1993 and both are
on death row. The 10th Circuit gave Lafevers a stay in March, 32 hours before
he was to be executed. In July 2000, the state Court of Criminal Appeals said new
DNA evidence showed nothing to overturn the conviction. The presence of no
blood of Lafevers or the victim showed at most that the jeans had no relevance
in the case. "It does not show Lafevers did not commit the crimes, and we
do not find that the jury might have returned a sentence of less than death
based on this evidence," the court said. The 10th Circuit had granted a
stay until Nov. 1, or until a ruling on Lafevers' appeal in federal court.
Execution dates are scheduled in January for seven other Oklahoma death row
inmates, and an execution date has been requested for another who has chosen
to waive his appeals. Colorado
state Sen. Ken Chlouber, nephew of the murder victim, said Lafevers' execution
was long overdue. "This guy has fouled Oklahoma with every breath since
he murdered my aunt," said Chlouber. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 31, 2001 |
Tennessee |
Ronald Oliver |
Philip Workman |
stayed |
|
The Tennessee Supreme Court set a
new execution date for death row inmate Philip Workman -- Jan. 31, 2001. The order follows a refusal by the 6th U.S. Circuit Court of Appeals to
reconsider its Sept. 5 decision that denied Workman a hearing on recently
discovered evidence that, his lawyers say, shows he did not fire the shot that
killed a Memphis policeman in 1981. Workman, 46, now is scheduled to become
the 2nd Tennessee inmate executed under the state's current death penalty law.
The state had not executed anyone for almost 40 years before Robert Glen Coe
was put to death by lethal injection on April 19. One of Workman's lawyers,
Chris Minton, declined to comment on what legal action he will take next.
Workman could try to pursue further appeals in either the state or federal
court system, or he could ask Gov. Don Sundquist to commute his death sentence
to life imprisonment. Workman came within two days of being executed in April,
when the 6th U.S. Circuit Court of Appeals stayed an earlier execution date
set by the state Supreme Court. The federal appeals court gave Workman's
lawyers time to present their argument on new evidence. But the court split
7-7 on whether to order a federal trial judge in Memphis to hold a full
hearing on the evidence submitted by Workman's lawyers, meaning the request
was denied. State Supreme Court Justice Adolpho A. Birch issued a separate
opinion in which he restated his belief, expressed when the Supreme Court set
Workman's earlier execution date, that the court should recommend that the
governor commute Workman's death sentence "to life imprisonment, either
with or without parole." Workman was sentenced to death in 1982 for the
murder of Memphis police Lt. Ronald Oliver outside a fast-food restaurant that
Workman, who was then a cocaine addict, has admitted robbing. 1/26/01
UPDATE: Death row inmate Philip Workman was
granted a stay of execution this afternoon by the 6th Circuit U.S. Court of
Appeals in Cincinnati. Workman had been scheduled
to die by lethal injection at 1 a.m. Wednesday, but a majority of the Court of
Appeals acted to delay his execution until the U.S. Supreme Court can decide
whether to get involved in his case. The 6th Circuit court deadlocked 7-7 last
September on whether to order a full hearing on recently discovered evidence
that, Workman's lawyers say, shows he did not fire the shot that killed a
Memphis police officer in 1981. The stay is for an indefinite period. Gov. Don Sundquist had been expected to decide this weekend whether to grant Workman's
request that his death sentence be commuted to life imprisonment. Sundquist
will now delay that decision until the courts have ruled on the case, a
spokeswoman said. Tennessee’s Board of Probation and Parole voted 6-0
yesterday not to recommend clemency for Workman. UPDATE: 1/30/01
- The U.S. Supreme Court has refused to lift the stay of execution granted by
the 6th U.S. Circuit Court of Appeals to Tennessee death row inmate Philip
Workman. Workman, who was sentenced to death for killing a Memphis police
officer in 1981, had been scheduled for execution Wednesday morning. An
indefinite stay of execution was granted Friday by the 6th Circuit U.S. Court
of Appeals. |
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