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| |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
Week of July 9, 2007
|
South Dakota |
Chester Allan Poage |
Elijah Page |
executed |
|
On March 12 -13, 2000,
Briley Piper and two others, Elijah Page and Darrell Hoadley,
kidnapped and killed Chester Allan Poage so that they could steal
property from the home Poage lived in with his mother and sister in
Spearfish, South Dakota. Piper, Page and Hoadley, all of whom were
friends with each other and with Poage, met up with Poage at
approximately 8:00 p.m. on March 12, 2000. Piper had informed
another friend that Poage would give him a ride to the Job Corps
facilities. Poage complied with the request for the ride, and he,
along with Piper, Page and Hoadley, picked the friend up and dropped
him off at Job Corps. The remaining four then went to Poage’s house
and played PlayStation games. Poage’s mother and sister were on
vacation in Florida at this time. While there, Piper, Page and
Hoadley convinced Poage to leave his house, and the four left in
Poage’s 1997 Chevrolet Blazer. Testimony as to the origin of the
plot to kill Poage and steal his property varies. It is unclear
whether all three of the assailants planned on stealing items in the
house so they could buy LSD, or whether Piper pulled Page outside to
inform him he was going to steal stereo equipment from Poage’s
vehicle. It is also unclear whether they initially planned to kill
Poage, or just beat him up. However, it is clear that the initial
discussions as to killing Poage were limited to Piper and Page, and
only after it was decided to kill him was Hoadley informed of the
plan. All four ended up at the house in which Piper, Page and
Hoadley had been staying. Once there, Page exposed a .22 caliber
pistol, which he had stolen from Poage’s mother’s room at the Poage
residence, and ordered Poage to get on the floor. Once Poage was on
the floor, Piper kicked him in the face, knocking him unconscious.
While Poage was unconscious, he was tied up with a cord and sat
upright in a chair. After he regained consciousness, Piper laid a
tire iron across his feet to prevent him from moving, while Page
made him drink a mixture containing crushed pills, beer and
hydrochloric acid. During this time, Poage begged for an explanation
as to why his alleged friends were doing this. In response, Page hit
him in the face and told him to “shut up.” While Piper and Page
discussed their plan to kill Poage, which included slitting the
victim’s throat, Poage pleaded for his life and offered to give them
everything he owned in exchange for his release. At this point, Page
asked Poage for the personal identification number for his ATM card,
and Poage gave it to him. Next, the group escorted Poage to his own
vehicle, placed him in the back seat and threatened his life if he
attempted to escape. Piper got in the driver’s seat. The group
stopped at a gas station, and then Piper drove the group to Higgins
Gulch in the Black Hills, a wooded area about seven miles away from
the house where Piper, Page, and Hoadley had been staying. Upon
arriving at Higgins Gulch, the group forced Poage out of his vehicle
into twelve-inch deep snow. Poage was forced by Piper and Page to
take off all of his clothes, except his tank-top style undershirt,
shoes, and socks in temperatures of about twenty-five degrees
Fahrenheit. The three young men then took Poage’s wallet.
Thereafter, the three tried holding Poage down and covering him up
with snow. Poage was then escorted to an icy creek, just over fifty
feet from the road they had driven on to reach the gulch. Page and
Piper admitted kicking him numerous times in various parts of his
body and head. Page said he kicked Poage in the head so many times
it "made his own foot sore." At one point in the 3-hour attack,
Poage did try to escape, but upon Piper’s urging, Page recaptured
him and continued to beat his near-naked body in the freezing
temperatures. Poage was also made to lie in the icy creek water for
a lengthy period of time. Piper later stated he had kicked Poage at
the gulch a couple of times in the body and a couple of times in the
head. Throughout the beatings, Piper laughed and said things like
“Ohh ... like that would suck” and “Ah, that’s got to hurt.” At one
point, Poage asked to be let into his vehicle to warm himself. The
record indicates that Poage said he preferred to bleed to death in
the warmth rather than freeze to death in the cold. Piper agreed to
grant his request, so long as he washed the blood off of his body in
the creek. After rinsing in the icy waters, Piper refused to let him
warm himself in the vehicle. Instead, they continued beating and
taunting Poage. Next, Poage was dragged back into the creek, where
Piper and the others attempted to drown the victim. The
co-defendants’ stories diverge somewhat on the final fate of Poage.
One witness stated that Piper admitted standing on Poage’s neck to
help Hoadley drown him, then Piper stabbed him twice or more -- once
by the ear and then under the chin. Piper’s brief contends he did
not participate in the drowning attempts or stabbings, but instead
that he went back to Poage’s vehicle. After the drowning attempts,
stabbings, beatings and stoning, Poage was still moving. According
to Piper, Hoadley threw the final basketball-sized rock that killed
Poage, but at that point Piper was not there to personally witness
this act. Both Page and Hoadley admitted they jointly dropped large
rocks on Poage’s head, actions which they believed finally killed
him. Approximately four hours after the three kidnapped Poage, and
about three hours after the beatings began at the gulch, Poage was
left for dead in the creek. Piper drove the three away from the
secluded area in Poage’s vehicle, and they proceeded to discuss how
they would divide Poage’s property. They went to Poage’s house and
stole numerous items. The group then drove to Hannibal, Missouri,
together. There, they visited Piper’s sister, but upon her refusal
to let them stay, they headed back to South Dakota. The group
returned to Rapid City, South Dakota, using Poage’s ATM card for
cash and pawning some of Poage’s property throughout the trip.
Records from Poage’s bank show the ATM card was used six times in
various locations in South Dakota and Nebraska. Some of Poage’s
property was later found at pawnshops in Wyoming and Missouri. When
the trio returned to Spearfish, Hoadley’s juvenile girlfriend
testified that she saw the three unpack the stolen PlayStation,
video games and many other items from Poage’s house. She also
testified that Piper confessed the murder to her in detail. She said
Piper laughed about the killing as he told her about it, “and
thought it was just like a really cool neat thing.” Another friend
of Piper’s testified that Piper confessed to him as well and
confirmed the nonchalant attitude, stating, Piper acted “a bit
cocky” while telling the story of the beatings. Eventually, the
three went their own ways. Piper ultimately ended up in his home
state of Alaska. On April 22, 2000, over a month after the three
left Poage for dead, a woman who owned land near Higgins Gulch
spotted what was later determined to be Poage’s remains in the
creek. His body was found, clad in a sleeveless t-shirt, socks and
shoes. A forensic pathologist from the Clinical Laboratory in Rapid
City performed an autopsy on the body. He discovered numerous head
injuries and stab wounds. Some examples of the head injuries
inflicted included: a stab wound that nearly severed the jugular
vein, another stab wound through the skull and into the brain, and a
complex, spider-web shaped skull fracture that measured five inches.
Poage's ears were almost torn off from being kicked repeatedly. He
determined the cause of death was the “stab wounds and the blunt
force injury to the head.” After the body was discovered, Piper
became a suspect. Law enforcement from South Dakota tracked him down
in Alaska, questioned him and arrested him for first degree murder.
While still in Alaska, he gave a detailed statement describing
Poage’s murder and his participation in it to South Dakota law
enforcement. He was subsequently extradited to South Dakota. Piper
was then jailed in Lawrence County, South Dakota. He later pleaded
guilty to, and was convicted of, first degree felony murder;
kidnapping; robbery in the first degree; burglary in the first
degree; and grand theft. The circuit court ruled that the death
penalty would be imposed for the first degree murder conviction.
Thereafter, co-defendant Page, who had been arrested in Texas, also
pleaded guilty to the same charges, and after an extensive
sentencing hearing, he was also sentenced to death by the same
judge. Hoadley then stood trial in front of a jury on the same
charges. He was found guilty of the same charges but the jury
sentenced him to life in prison. "The sheer brutality of this crime
places it among the worst of the worst," assistant attorney general
Sherri Sundem Wald stated in written arguments to the high court.
Piper was enthralled when describing the abduction and slaying to
fellow jail inmates after he was arrested, deputy attorney general
Craig Eichstadt said. Piper feigned remorse only when he felt it
would result in a more lenient sentence, the deputy attorney general
said. While waiting to learn his fate, Piper tried to recruit
inmates to help him kill a guard and break out of jail. Assistant
attorney general Gary Campbell said said Page was a merciless killer
who inflicted the greatest punishment on Poage. "We're not talking
about a passive follower here." UPDATE: Elijah Page was scheduled
for execution in August 2006 but was granted a last-minute reprieve
from Governor Mike Rounds, due to concerns over the legality of the
mixture of drugs that were to be used for the lethal injection.
South Dakota's death penalty law stated that executions would be
carried out by using an "ultra-short-acting barbiturate in
combination with a chemical paralytic agent" but the plan of
penitentiary staff was to use the three drug protocol that most
other states use. The legislature updated the death penalty statute
to include the use of the three drug mixture and the new legislation
becomes effective on July 1 of this year. Page is set to be executed
during the week of July 9. Per South Dakota state law, the warden of
the penitentiary is responsible for setting the date and time of the
execution after the trial court sets the week it should be carried
out. The warden cannot announce the actual date and time until 48
hours prior to the execution. UPDATE: Elijah Page was executed
shortly after 10:00 pm on July 11, 2007. Among the witnesses to
Page's death was Dottie Poage, mother of murder victim Chester Allan
Poage. After the execution, Poage met with reporters, leafing
through a photo album of images and newspaper clippings of her son.
"He was a normal, happy child. He had a mom, dad, sister and
grandparents, cousins who loved him. I never dreamt I'd be dealing
with what I have dealt with these last seven years," she said. Poage
said that after Page and Piper confessed to Chester's murder, she
asked Lawrence County State's Attorney John Fitzgerald if South
Dakota had the death penalty. "When he said 'yes,' my heart rose,"
she said. "Elijah Page had the ultimate penalty for the ultimate
crime, and for that I'm proud of the state, the attorney general,
the governor and everyone at the state penitentiary for doing a job
well done. I'm proud to be an American." Attorney General Larry Long
also witnessed the execution, as did Fitzgerald, who prosecuted Page
at his trial. "His debt to the state of South Dakota is now paid in
full," Fitzgerald said. Lawrence County Sheriff Richard Mowell, who
watched the execution as well, said the death penalty was the
appropriate penalty for what he called "a brutal, torturous murder.
I can assure you that Elijah Page had a much quieter, quicker and
apparently painless death," Mowell said. "But I can assure you he
will never be able to do this again." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 10, 2007
|
Ohio |
Johnny
Allen, 33
Unnamed victim |
Clarence Carter |
stayed |
|
On
12/28/88, Carter murdered 33-year-old Johnny Allen, who was Carter's
fellow inmate at the Jail Annex to the Hamilton County Courthouse.
For nearly 25 minutes, Carter, who was muscular and strong, beat,
choked, stomped, punched and kicked Mr. Allen, who was 5'10" and
weighed 122 pounds. At the time, Carter was in jail, awaiting
sentence for another aggravated murder conviction. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 10, 2007
|
Texas |
Theresa Rodriguez |
Rolando Ruiz |
stayed |
|
Michael Rodriguez
hired a hit man, Rolando Ruiz, to kill his wife Theresa Rodriguez in
1992. In the winter of 1995 Rodriguez plead guilty to capital
murder. There was sufficient evidence at trial from which the jury
could conclude that Ruiz was hired by Mark and Michael Rodriguez to
murder Michael’s wife, Theresa, for two thousand dollars; that he
did so by shooting her in the head at close range with a .357
revolver. "He paid the hit man $2,000 to have his wife killed,"
Judge Mark Luitjen, a former prosecutor, said of Rodriguez. Luitjen
was the prosecutor that sent five men, including Rodriguez and his
brother, to prison for plotting the murder of Theresa Rodriguez.
Michael Rodriguez's brother Mark received a life sentence. The man
who actually pulled the trigger, Rolando Ruiz, is behind bars on
death row. "You have to wonder who is worse, the person who has a
loved one killed or the person who will kill someone for money,"
Luitjen said. Theresa Rodriguez was shot to death in the garage of
the couple's house. She had just arrived home with her husband and
his brother when the hit man opened fire. Prosecutors believe the
brothers wanted to collect insurance money. In December of 2000,
Michael Rodriguez escaped from prison as a member of the Texas 7.
During the ensuing crime spree, police officer Aubrey Hawkins was
murdered when he interrupted a hold-up. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 12, 2007
|
Pennsylvania |
Jose Ortiz |
Miguel Rios |
stayed |
|
On August 27, 1992
Miguel Rios rang the doorbell of a residence where Jose Ortiz lived
with his girlfriend, Carmen Colon, their two-year old son, and
Carmen’s sister, Irma Colon. When Irma Colon answered the door, she
found Rios dressed in a Philadelphia Gas Works uniform and
representing that he was there to check the gas meter. After being
let into the house, Rios took hold of Irma Colon’s neck and demanded
that she give him the key to admit an accomplice into the house.
Rios and his accomplice proceeded to the bedroom in which Mr. Ortiz,
Carmen Colon and their son were sleeping. He threatened to kill Irma
Colon unless Ortiz let him into the bedroom. Rios then demanded
money, jewelry, and drugs. Rios forced Ortiz and Irma Colon to the
floor, threatening to kill them if he did not find what he was
seeking. The accomplice proceeded to ransack the house. Rios beat
Irma Colon in the head with his gun until she lost consciousness.
Carmen Colon watched as Rios and his accomplice beat Ortiz and bound
his hands and feet. Her eyes were closed when she heard a gunshot.
When she opened them, she saw Ortiz laying on the floor with a
gunshot wound to the head. Thereafter, both Irma and Carmen Colon
were able to identify Rios from a police photo array. After a
warrant was issued, Rios was apprehended while hiding in the closet
of a home in Lancaster and arrested. On June 17, 1993 a jury
convicted Rios of first-degree murder, robbery, unlawful restraint,
aggravated assault, burglary, criminal conspiracy, and possession of
an instrument of a crime. At the penalty phase, the jury found three
aggravating circumstances: the murder occurred in the perpetration
of a felony (burglary); defendant knowingly created a grave risk of
death to another; and defendant had a significant history of violent
crime felony convictions. The jury found two mitigating
circumstances: defendant was under the influence of extreme mental
or emotional disturbance at the time of the crime; and the
defendant’s circumstances fit within the catch-all mitigating
circumstance. As the mitigating circumstances were out-weighed by
the aggravating circumstances, the jury sentenced Rios to death for
the murder of Jose Ortiz. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 17, 2007
|
Georgia |
Mark Allen MacPhail, 27 |
Troy Davis |
stayed |
|
At midnight on August
18, 1989, Mark Allen MacPhail, a Savannah police officer, reported
for work as a security guard at the Greyhound bus station in
Savannah, adjacent to a fast-food restaurant. According to Court
records say Troy Anthony Davis shot into a car that was leaving a
party on Cloverdale Drive in a Savannah subdivision and struck a man
in the head, severely injuring him by a bullet that lodged in his
right jaw. A few hours later, as the Burger King restaurant was
closing, a fight broke out in which Davis struck a homeless man in
the head with a pistol. Officer MacPhail, wearing his police uniform
-- including badge, shoulder patches, gun belt, .38 revolver and
nightstick -- ran to the scene of the disturbance. Davis fled. When
Officer MacPhail ordered him to halt, Davis turned around and shot
him. Officer MacPhail fell to the ground. Davis, smiling, walked up
to the stricken officer and shot him several more times. The
officer's gun was still in his holster. Mark MacPhail wore a
bullet-proof vest, but the vest did not cover his sides and the
fatal bullet entered the left side of his chest, penetrated his left
lung and aorta, and came to rest at the back of his chest cavity.
The officer was also shot in the left cheek and the right leg. The
next afternoon, Davis told a friend that he had been involved in an
argument at the restaurant the previous evening and struck someone
with a gun. He told the friend that when a police officer ran up,
Davis shot him and that he went to the officer and "finished the
job" because he knew the officer got a good look at his face when he
shot him the first time. After his arrest, Davis told a cellmate a
similar story. A shell casing that was found at the scene of the
murder was linked to the Cloverdale Drive shooting. A woman who was
staying in a hotel across the street from where Mark MacPhail was
murdered identified Troy Davis as the shooter after seeing a
photograph of him. She also chose his photo from a 5-person lineup,
as well as identified him at his trial. Numerous other eyewitnesses
also identified Davis. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
24, 2007 |
Texas |
Gunar "Sean" Nelson Fulk, 16
Leroy "Punkin" McCaffrey, Jr., 17 |
Lonnie Johnson |
executed |
|
Lonnie Earl Johnson was convicted
and sentenced to death for the double murders of two teenage boys. Johnson
approached the boys outside of a convenience store in Tomball, a small suburb
northwest of Houston, and asked for a ride. They agreed, but when they were
about 4 miles from the store, Johnson forced the pair out of the vehicle at
gunpoint and shot each of them several times. Leroy "Punkin" McCaffrey ran away
from the scene but Johnson chased him for a distance of about 350 feet before
catching and killing him. Johnson then stole Sean's truck and drove to Austin to
see his girlfriend. He told her that he had killed two boys. He later dumped the
stolen truck in San Marcos, Texas, and sold the murder weapon for cocaine. He
was arrested after two weeks and he claimed that he killed the boys in
self-defense. Chris Schultz and Laura McCaffrey are the boys' mothers and they
were outraged when they found a web page dedicated to their sons' killer. The
mothers said Johnson is still victimizing their sons from his cell on death row.
Chris Schultz, mother of Sean Fulk, told a local Houston reporter, "When
something like this comes up, you start thinking of all the horrible things they
had to go through." Punkin McCaffrey's mom, Laura agreed. "Then when you
read all that, you start re-hashing it all in your mind, it brings it all back
to you. And it hurts." Johnson's web page says that the women's sons were
racists, and says he was simply fighting his own "lynching." Chris Schultz said
of the web site, "He's being allowed to say anything about these kids." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 26, 2007
|
Alabama |
Annie Laura Orr, 86 |
Darrell Grayson |
executed |
|
Darrell Grayson was
convicted in the 1980 beating and suffocation death of an
86-year-old widow. Grayson and Victor Kennedy were convicted of
killing Annie Laura Orr at her home in Montevallo, Alabama on
Christmas Eve in 1980. Her granddaughter visited her during the day
of December 23rd, 1980, and found her appearing to be in good
health, ambulatory, and in possession of her mental faculties.
During the evening hours of December 23rd, 1980, Darrell Grayson,
co-defendant Victor Kennedy, and two other individuals met at
Kennedy's residence, also in Montevallo, and a short distance from
that of Mrs. Orr. They drank wine and played cards. Sometime shortly
after midnight, and after the other individuals had gone, Kennedy
and Grayson left Kennedy's house on foot, walking in the direction
of Mrs. Orr's house. They were armed with a .38 Caliber handgun,
which belonged to Kennedy. They decided to burglarize Mrs. Orr's
residence in order to get some money. They had previously discussed
such a burglary, that Mrs. Orr was elderly, and where she kept her
money. They entered the Orr house during the very early morning
hours of December 24th, 1980, through a rear basement door. They
then proceeded through the dirt basement, up several steps, and into
the main living portion of the house near Mrs. Orr's bedroom. The
pair used a flashlight to illuminate their way. Once inside the
living portion of the house they entered Mrs. Orr's bedroom where
she was apparently sleeping. Annie, who was only 5' 3" and weighed
117 pounds was attacked as she slept. They subdued and beat her,
striking her in the head with a blunt instrument and breaking
several of her ribs. Grayson then placed a pillowcase over her head
and wrapped two relatively long lengths of masking tape very tightly
around her head so that when they were finished her head appeared to
be that of a mummy. Then they proceeded to look for money and other
valuables. When apparently they could not find a significant amount
of cash, the pair began threatening Mrs. Orr by beating her further,
threatening to drown her, and firing two shots from Kennedy's
pistol, into her bedroom block and wall. During their assault, the
pair raped Annie Orr repeatedly. Darrell Grayson said he didn't want
to rape Mrs. Orr but that he did so twice. She lived through the
assault of being raped, beaten, threatened, unable to see or
adequately breathe, and begging her assailants not to hurt her but
to take her money and leave, for a considerable period of time. She
then died. On the morning of December 24, 1980, Mrs. Orr’s son
discovered her dead body in her home in Montevallo, Alabama, and
called law enforcement officers. The officers discovered a trail of
playing cards leading from Mrs. Orr’s home to the home of Victor
Kennedy, a known burglar. Knowing that Kennedy and Grayson had been
seen together the previous night, officers began looking for Grayson
on the afternoon of December 24, 1980, and discovered him “squatting
in the bushes” in a wooded area near his home. Following his arrest,
Grayson confessed. Officers also discovered Mrs. Orr’s wedding rings
in Grayson’s wallet and obtained physical evidence from Grayson that
linked Grayson to the crime. Grayson was taken into custody. When
interviewed by police, Grayson told the officers that he had
performed yard work for Mrs. Orr in the past, was familiar with her
house, and had entered her home with Kennedy in the early morning of
December 24, awakening Mrs. Orr. Grayson admitted that they had
repeatedly raped Mrs. Orr while searching her house for valuables.
Grayson and Kennedy took the money and valuables they found, left
Mrs. Orr on her bed, and left the house. Within thirty minutes of
this interview, Grayson again waived his Miranda rights and
confessed to the officers again. This time, the officers
tape-recorded the confession. Grayson again admitted that he had
worked for Mrs. Orr in the past and knew the house, but claimed that
the burglary and rape were Kennedy’s ideas. Grayson also claimed
that he and Kennedy had consumed several gallons of wine the evening
of the crime. Two days later, Grayson again waived his Miranda
rights and gave another recorded statement to police. This time,
Grayson explained that he and Kennedy had been planning for a couple
of weeks to rob Mrs. Orr to get money for Christmas. They selected
Mrs. Orr as a target because Grayson had worked for her and knew
where she kept money. Grayson also stated that Mrs. Orr had begged
them to take her money and not hurt her. Grayson taped a pillowcase
over Mrs. Orr’s face to prevent her from recognizing him, and after
that, he could not understand what she was saying. Grayson stated
that both he and Kennedy raped Mrs. Orr repeatedly and
unsuccessfully searched for money and other valuables. Grayson
admitted that at one point he had taken Mrs. Orr to the bathroom and
then returned her to the bedroom, where he raped her again, but he
could not remember why he took her to the bathroom or what happened
there. Grayson explained that Kennedy urged him to leave the house
while he was raping Mrs. Orr, and Grayson left Mrs. Orr on her bed
with the pillowcase taped over her head and face as he left the
house. Grayson was tried for capital murder during a burglary. At
trial, the officers described the crime scene, the physical
evidence, including the playing cards that led to Kennedy’s house,
and the circumstances leading to Grayson’s arrest. The officers also
recounted their discovery of Mrs. Orr’s wedding rings in Grayson’s
wallet and the bloody shirt belonging to Grayson in the woods near
his home. The transcripts of Grayson’s confessions were admitted
into evidence. The State additionally presented expert testimony
about the crime scene. For example, the State’s trace evidence
expert testified about the comparison of hairs recovered from the
crime scene and hairs taken from Grayson and Kennedy. The expert
explained that several hairs recovered at the crime scene had
“negroid” characteristics consistent with Grayson’s and Kennedy’s
hair and inconsistent with the victim’s, but that the hairs were too
small to allow an individual comparison of them with Grayson’s and
Kennedy’s samples. The expert also testified that a hair recovered
from Grayson’s sock following his arrest was consistent with the
victim’s head hair and inconsistent with Grayson’s, but the expert
could not opine as to whether the hair was the victim’s. The State’s
fingerprint expert testified that the latent fingerprints lifted
from Mrs. Orr’s home and on evidence were insufficient to allow
analysis. The State’s ballistics expert testified that the two
bullets found in the wall between Mrs. Orr’s bedroom and bathroom
and on the floor in her bedroom were of the .38 caliber size and
were fired from the same weapon, likely a Smith and Wesson revolver.
The expert further testified that the hole in a shattered clock in
Mrs. Orr’s home also was consistent with a .38 bullet. However, on
cross-examination, the ballistics expert testified that the police
had not given him a gun that matched up with the bullets. The
State’s serology expert testified that bloodstains found on a
pillowcase and a bed spread in Mrs. Orr’s bedroom could not be
typed; nor could urine and semen stains found on a bed sheet
recovered from Mrs. Orr’s bathroom. The expert also testified that
the bloodstains on Grayson’s shirt recovered from the woods near his
house were type O and could have come from either Mrs. Orr or
Kennedy, both of whom were type O, but could not have come from
Grayson, who is type B. The serology expert testified that a large
blood and semen stain on Mrs. Orr’s nightgown was type B, which was
consistent with Grayson’s blood. Grayson provided garbled
testimony in his own behalf, mainly to the effect that he was too
drunk to remember anything. A jury took only two hours to find him
guilty of murder and burglary. Kennedy was executed in
Alabama's electric chair at Holman Prison in Atmore on Aug. 6, 1999.
The trial judge said, "The court cannot think of a case it has seen,
heard, or even read, that would equal the cruelty shown in this case
by the defendant to Mrs. Orr." An 11th Circuit Court of Appeals
judge said, "Grayson confessed several times, testified at trial
about the murder and his role in it, and does not contend that he
was denied a fair trial. The non-biological evidence against him was
and is overwhelming. For example, Grayson admitted that he and
Kennedy planned the robbery a week before; the victim's wedding
rings were found in Grayson's wallet; Grayson's bloody shirt was
found in the woods near his house; and Grayson was discovered hiding
in the woods after his mother told him of Mrs. Orr's death."
UPDATE: Just before he was executed, Darrell Grayson, 46, made a
peace sign with both hands and waved them at witnesses. He then
smiled and nodded at witnesses he recognized and said, "Peace."
Grayson was pronounced dead at 6:16 pm. The victim's granddaughter,
Lee Rawlings Binion, wiped away tears as she witnessed the execution
and in a statement said, "The Orr family has seen the final chapter
of a 27-year struggle. We are grateful that justice has finally been
served."
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