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Four killers were executed in
July 2011. They had murdered at least 7 people.
Two killers were given a stay in July 2011. They have murdered at least
3 people.
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 7, 2011 |
Texas |
Adria
Sauceda, 16 |
Humberto Leal, Jr. |
executed |
| The tragic
final hours of sixteen-year-old Adrea Sauceda's life started at an
outdoor party in San Antonio, Texas. A witness observed Adria,
apparently intoxicated and partially undressed, in the middle of a
circle of men who were taking turns "on top of her." Another witness
testified that an unidentified male invited him to have intercourse
with Adria. The same witness testified that he later observed
another man carrying a disoriented Adria to a truck, where he "had
his way with her." Twenty-three-year-old Humberto Leal was also at
the party. At some point the intoxicated but conscious victim was
placed in Leal's car. Leal and Adria left together in Leal's car.
About thirty minutes later, Leal's brother arrived at the party in a
car which came to a screeching halt. Leal's brother was very excited
or hysterical. Leal's brother started yelling to the people left at
the party, "What the hell happened!" Leal's brother was yelling that
Leal came home with blood on him saying he had killed a girl. Two of
the trial witnesses were present when Leal's brother made these
statements. Shortly thereafter Leal's brother left in a rush.
Several of the party members went looking for Adria in the same area
where the party was. They found her nude body lying face-up on a
dirt road. They noticed Adria's head had been bashed in and it was
bleeding. Her head was flinching or jerking. These party members
called the police. When the police arrived, they saw the nude victim
lying on her back. There was a 30 to 40 pound asphalt rock roughly
twice the size of Adria's skull lying partially on Adria's left arm.
Blood was underneath this rock. A smaller rock with blood on it was
located near Adria's right thigh. There was a gaping hole from the
corner of Adria's right eye extending to the center of her head from
which blood was oozing. Adria's head was splattered with blood.
There was a bloody and broken stick approximately 14 to 16 inches
long with a screw at the end of it protruding from Adria's vagina.
Another 4 to 5 inch piece of the stick was lying to the left side of
Adria's skull. The police made a videotape of the crime scene
portions of which were admitted into evidence. Later that day, the
police questioned Leal. Leal gave two voluntary statements. In
Leal's first statement he said he was with Adria in his car when she
began hitting him and the steering wheel causing him to hit a curb.
Leal attempted to calm her down but Adria leaped from Leal's car and
ran away. Leal claimed he sat in his car and waited about ten or
fifteen minutes to see if Adria would return and when she did not he
went home. After giving this statement, Leal was informed that his
brother had also given a statement. Leal then gave another
statement. In this statement, Leal claimed he followed Adria when
she got out of his car and ran away. Leal claimed Adria attacked
him. Leal pushed her and she fell to the ground. When she did not
get up Leal attempted to wake her but could not. He then looked at
her nose and saw bubbles. Leal stated he got scared, went home,
prayed on the side of his mom's bed and told family members what had
happened, claiming it was just an accident. After giving this
statement an officer gave Leal a ride home. The police searched
Leal's house. The police seized a blouse which contained several
blood stains, hair and fibers. This blouse was later identified as
belonging to Adria. The police also seized Leal's clothing from the
night before. Leal was arrested later that afternoon at his home.
Leal's car was also impounded. The police conducted Luminol tests of
the passenger door to determine whether any blood was evident. Blood
stains were discovered on the passenger door and seat. Detectives
testified that the blood stains were streaked in a downward motion,
indicating that the blood had been wiped off. There was insufficient
residue to conduct a blood typing of the stains on the vehicle.
Other DNA evidence was found on the underwear Leal was wearing that
night. That evidence consisted of blood as well as bodily fluid. The
DNA test did not preclude Adria's blood type from the evidence
tested. Dr. DiMaio, the medical examiner who performed the autopsy,
testified about Adria's injuries and cause of death. DiMaio
testified that even though Adria was intoxicated when she received
her injuries, she would have been aware of what was happening to
her. In addition to Adria's massive head injuries, DiMaio testified
about injuries Adria received to her chest and shoulder which were
consistent with having been inflicted by the stick found in Adria's
vagina. DiMaio also testified about the defensive wounds Adria
received to her hands trying to protect herself from some object.
DiMaio also testified Adria was alive when the stick was placed in
her vagina. Adria's neck also contained injuries consistent with
manual strangulation. DiMaio testified Adria received some of her
injuries while standing up. Adria received her head injuries while
lying flat. The injuries to Adria's head were due to blows from the
front. These injuries were inconsistent with a fall. Adria's head
injuries were consistent with Adria lying on the ground with
somebody standing over her striking her. DiMaio testified the large
rock could have delivered the injuries to Adria's head. Based on the
injuries to Adria's head, DiMaio testified Adria would had to have
been struck with the rock two or three times. DiMaio testified Adria
died from blunt force trauma injuries to the head. DiMaio could not
say for certain that the rock caused the injuries. He testified
Adria was beaten about the face with a blunt object or more than one
object which could have been the rock or something else. On
cross-examination, DiMaio testified that one blow from the rock
could have caused Adria's death. DiMaio also testified about bite
marks he found on Adria's left cheek, the right side of her neck and
the left side of her chest. Another witness compared the bite marks
on Adria's chest and neck with dental impressions of Leal's teeth.
They matched. The State's indictment charged that Leal killed
Sauceda while in the course of and attempting either to kidnap her
or to commit aggravated sexual assault. Leal was convicted and,
after a separate punishment phase, sentenced to death. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 12, 2011 |
Arkansas |
Stacy
Errickson |
Marcel Williams |
stayed |
| On
November 20, 1994, Stacy Errickson, the victim, on her way to work,
stopped at the Jacksonville Shellstop for gas. The time was
approximately 6:45 a.m. Marcel Wayne Williams approached Errickson's
vehicle, drew a firearm, and forced her to move from the driver's
seat to the passenger's side. Williams then drove Stacy's car away
from the convenience store. Williams then took Stacy to several
automated teller machines and coerced her to attempt withdrawals. A
total of eighteen transactions yielded the sum of $350. The last
transaction occurred at 7:37 a.m. These transactions were recorded
by security cameras at several banking facilities. Stacy Errickson
did not make it to work that day, nor did she pick up her child from
the babysitter at the end of the day. Police arrested Williams on an
outstanding warrant on November 29, 1994, and questioned him based
on physical evidence linking him to two other assaults on women.
During the course of an intensive interrogation lasting some
thirteen hours, Williams admitted having abducted Stacy from the
convenience store and robbing her through ATM withdrawals. However,
he denied any sexual assault and assured the officers that to the
best of his knowledge Stacy was alive. Williams attempted to
implicate others as accomplices asserting that they were the ones
responsible for physically harming her. Based upon information
Williams supplied, the police recovered a sheet matching Williams
description as one he used in connection with the abduction and also
recovered a gold ring which Williams identified. On December 5,
1994, police discovered Stacy Errickson's body buried in a shallow
grave. Other evidence brought out at trial indicated that two women
identified Williams as a man they had seen on the morning of
November 20, 1994, at the Shellstop. They also testified that after
they left the station he followed them in a car and attempted to
stop them until they sought refuge at the Air Force base. Williams
subsequently returned to the Shellstop and abducted Stacy Errickson.
On April 5, 1995, the Pulaski County prosecutor by felony
information charged Williams with capital murder, kidnapping, rape,
and aggravated robbery. The information asserted that Williams had
four prior felony convictions. The Pulaski County Circuit Court
tried Williams on these charges beginning on January 6, 1997.
Williams was convicted on all counts. During the sentencing phase of
the trial the prosecutor introduced evidence in support of three
aggravating circumstances, and Williams offered one mitigating
circumstance. The jury found that all three alleged aggravating
circumstances existed beyond a reasonable doubt and that Williams's
mitigating circumstance was also established. In balancing these
findings the jury recommended a sentence of death, which the trial
court accepted. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 19, 2011 |
Ohio |
Lewis Ray
Ruth Ray |
Kenneth Smith |
stayed |
| On May 12,
1995, sometime around 11:00 p.m., Kenneth W. Smith and his brother,
Randy Smith, brutally murdered Lewis Ray and Ruth Ray in their
Hamilton, Ohio home. Lewis was severely beaten, his skull was
fractured, and his throat was slit, severing his windpipe and
carotid arteries. Ruth died from manual strangulation. Their home
was ransacked, and money and jewelry were taken. The following
morning, David L. Lester, Ruth's son, discovered the bodies of his
mother and stepfather and called the police. In the Rays' home,
police observed signs of a struggle, blood on the kitchen floor, and
bloody footprints throughout the house. Police found a damaged white
ceramic coffee pot covered with blood stains in the trash can and a
green army camouflage hat on the floor. A knife had recently been
removed from a butcher block set. Police found Lewis lying on the
kitchen floor and Ruth lying in the doorway between the hall and
bedroom. The Rays' bedroom had been ransacked, and the contents of
dressers were strewn about the floor. Earlier in the evening of May
12, 1995, Smith and Randy had gone to the Crystal Lounge, with a
friend, Russell C. Baker. At approximately 10:20 p.m., Smith
borrowed Baker's car allegedly to pick up his wife, Brenda Smith,
and some friends. By midnight, Smith had not returned Russell's car.
At about that time, Brenda and Lillian Canafax, Randy's live-in
girlfriend, arrived at the Crystal Lounge also looking for the Smith
brothers. About forty-five minutes later, Russell and the two women
decided to go to Chasteens Bar. Smith eventually showed up at
Chasteens Bar at approximately 1:30 a.m. When Russell questioned
Smith about the car, Smith claimed that he was late because he had
been in a fight at a gas station. Smith showed Russell a bump on his
head. At the time, Russell also noticed that Smith had changed his
clothes. At approximately 2:00 a.m., Smith left Chasteens Bar in his
Monte Carlo automobile with Brenda, Randy, Lillian, and Russell.
Smith drove to his house, handed his car keys to Randy, and
instructed Randy to take a stuffed pillowcase from a nearby blue
automobile and put it into the trunk of the Monte Carlo. Russell
accused the Smith brothers of being "out thieving with my car."
Smith replied, "Russell, I wouldn't do that." The group then drove
to Buckeye Street, where Russell's brother, James, was staying.
Russell soon went home and to bed. In the early hours of May 13,
1995, Smith admitted to his friend, James Baker, that he had killed
Lewis Ray and that his brother, Randy, had strangled Ruth Ray. James
testified that on May 12, 1995, he was staying at his mother's
apartment, when Smith and Randy arrived at approximately 1:30 a.m.
in Russell's automobile. The Smiths had been to the apartment
earlier in the evening before going to the Crystal Lounge. Smith
told James that he had been in a fight, and James noticed that Smith
had cleaned up and changed clothes. Smith was wearing a sweater and
boots instead of tennis shoes. He was not wearing a hat. James
further testified that Smith left the apartment again at 1:35 a.m.
to go to Chasteens Bar. When Smith returned to James's mother's
apartment at approximately 2:45 a.m., he began to tell James about
the murders. James testified that Smith told him that he had taken a
hammer and "struck Louie Ray between his eye[s]," and that during
this time, Smith had winked at his brother, Randy, who followed Ruth
into a bedroom and strangled her. Smith also told James that they
took gold and jewelry in a pillowcase from the Rays' home. James
testified that when he asked Smith why he killed the Rays, Smith
replied that they had killed them to prevent the Rays from
identifying them. James testified that Smith "was talking how he
sliced Lewis Ray's throat from ear to ear and just laughing about
it." Smith also told James that after he killed Lewis, he "kicked
Ruth's brain in" to make sure she was dead. James testified that
Smith brought a pillowcase stuffed with jewelry inside the
apartment, but James asked him to take it back to the car. Later
that morning, James was driving around with Smith and Brenda. They
stopped to buy cigarettes and marijuana. Smith mentioned to James
that he was concerned because he lost his green army camouflage hat
in the struggle with Lewis. Eventually they drove to Russell's home.
There, out of Smith's presence, James told Russell what Smith had
admitted. Smith then suggested to James that he hide the remaining
jewelry. This prompted Russell to contact the police. Police later
recovered the jewelry in the attic of a garage. In addition to the
testimony of James Baker, Lillian Canafax testified that she was
outside Chasteens Bar arguing with Randy when he showed her a gun.
She testified that she saw the same gun in her bedroom the following
morning. Several days later, after she found the gun and money under
the bed, she authorized police to search the apartment. Lillian also
turned over to police three money orders she had purchased for Randy
the day after these crimes occurred. Another witness testified that
around 11:15 or 11:30 p.m., he saw Randy standing outside a pizza
parlor about a block from the Rays' residence. The witness testified
that Randy had a hammer in his hand as he ducked behind the
building. Russell testified that a hammer was missing from his car
after he had loaned his car to Smith. That afternoon, the police
detained Smith for questioning. At the time, police observed cuts
and scratches on Smith's face, and a long cut and bruises near his
right collarbone. Police also searched Brenda's purse and discovered
a cellophane bag containing rings, two $100 bills, and a quantity of
nonsequentially numbered food stamps. Police knew that Lewis sold
similar jewelry and suspected that he may have dealt in food stamps
as currency. At the police station, Smith waived his Miranda rights
and admitted that he and Randy had killed Lewis and Ruth. Smith said
that while at the Crystal Bar, he and Randy had talked about going
to rob the Rays, and decided that they would have to kill the Rays
because they did not want the Rays to be able to identify them.
Smith told police that after arriving at the Rays' house, he and
Lewis began to argue about money that Smith supposedly owed Lewis.
Smith further admitted that he picked up an object from the kitchen
counter and struck Lewis, eventually overpowering him. Smith claimed
that Lewis said, "I'm going to kill you, Kenny," so Smith grabbed a
knife and cut Lewis's throat. He then rolled Lewis on his side and
took his wallet. Smith said he walked to the bedroom and saw Ruth's
body on the floor. Randy had choked her to death. The two men
ransacked the bedroom and left in Russell's automobile. Police
apprehended Randy Smith. They found $344 in bloodstained currency on
him. Randy initially denied any knowledge of the murders. Police
allowed Randy to speak with his brother, who said, "They got us
brother, everybody is telling on us, tell the truth, that's what I
did." Randy then explained to the police his involvement in the
crimes. Later, after again being advised of his Miranda rights,
Smith gave the police a written confession. In his statement, Smith
said that while playing pool at the Crystal Lounge, he talked with
Randy about robbing Lewis. He borrowed Russell's car and drove to a
pool hall about half a block from the Ray home. Smith stated that he
and his brother walked to the Rays' house. Lewis invited the Smiths
into his home. Smith and Lewis began to argue about $2,500 that
Smith owed Lewis. The men began to fight in the kitchen and Smith
grabbed something from the counter and struck Lewis's head. They
continued to wrestle on the floor. Smith knew he was going to have
to kill Lewis to keep him from telling anyone what happened. Smith
then grabbed a knife and "sliced Louie across the throat." In his
written confession, Smith further admitted that he took Lewis's
wallet, then walked into the bedroom. Ruth was lying on the floor in
the doorway, and Smith had to step over her body. Smith said he
asked Randy what had happened, and Randy said he had choked Ruth.
Smith further admitted that he then ransacked the bedroom, taking
rings, watches, and necklaces, and placed the items in a plastic bag
and left. According to his signed confession, Smith went home after
the murders to shower and change clothes. He and Randy divided the
money found in Lewis's wallet. Smith's share was around $625. Smith
then put his bloody clothes, the knife, and Lewis's wallet into a
green trash bag that Randy later threw into the river. The two men
then drove to Chasteens Bar. In his confession, Smith explained that
after leaving Chasteens Bar, he drove to the apartment where James
Baker was staying and began to go through the jewelry that the Smith
and Randy had taken from the Rays' house. Smith picked out some
items he wanted to keep. The following morning he placed some rings
into a plastic bag and gave them to Brenda, who put them into her
purse. Smith put the remainder of the jewelry into the trunk of his
Monte Carlo. He and James then put the jewelry into the attic of
James's grandmother's garage. During police questioning, Smith also
admitted that the wristwatch he was wearing had belonged to Lewis.
At trial, Smith testified that he and Randy went to the Rays,
intending only to steal saws and drills from the yard. They parked
the car away from the house, but as they walked into the yard, Lewis
opened the gate and saw them. Lewis invited them into the house, and
the men began to argue about money that Smith allegedly owed Lewis.
Smith testified that within ten minutes, "everything got real
violent." Lewis "jumped up," told Smith he "was going to shoot" him,
and hit Smith "upside the head with something." Smith testified that
he grabbed something from near the stove and struck Lewis. Smith
testified that Lewis tried to push him down the basement steps.
Smith then grabbed a knife and cut Lewis as he approached. Smith
bent down, turned Lewis on his side, and grabbed his wallet. Smith
further testified that Randy told him that he had choked Ruth. The
brothers then ransacked the bedroom, taking jewelry. Smith denied
that he intended to kill the Rays. Smith claimed that Lewis was his
best friend, and he "wouldn't cold blooded kill him for nothing."
Smith testified that he was very upset about the Rays because they
were "like family" to him. He admitted that he told James about
killing Lewis, but testified that he wasn't laughing or joking, but
instead, he was "in tears." Kenneth Smith was charged in two counts
with the aggravated felony-murder of Lewis Ray and Ruth Ray. Each
murder charge contained three death specifications: the offense was
committed to escape detection, apprehension, trial, or punishment
for other offenses; the offense was part of a course of conduct
involving the purposeful killing of two or more persons; and the
offense was committed during the course of an aggravated robbery. He
was also charged with two counts of aggravated robbery that included
the allegation of a prior felony conviction for attempted burglary.
The jury convicted Smith as charged and recommended the death
penalty on the aggravated murder counts. The trial court sentenced
Smith to death. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 20, 2011 |
Texas |
Vasudev Patel, 49
Waqar Hasan, 46 |
Mark Stroman |
executed |
| In
the wake of the 9/11 terrorist attacks, Mark Anthony Stroman, a
member of the Aryan Brotherhood, murdered two individuals he
believed to be of Middle Eastern descent. Prosecutors say that just
days after the attacks on New York, Washington and Pennsylvania,
Stroman began carefully plotting revenge. At the time, he was free
on bail for previous crimes. On September 15, 2001, Stroman shot
Waqar Hasan in the head while the man was grilling hamburgers in his
convenience store. The 46-year-old Pakistani native had moved to the
Dallas area that year to start a new life with his family. Six
days after murdering Waqar Hasan, Rais Bhuiyan, a Bangladeshi man,
was seriously wounded. Stroman shot Bhuiyan in the face while he was
working at the counter at a gas station. Rais survived his wounds
but was left blind in one eye and severely disfigured. Patel's
murder, planned in advance, was captured in graphic detail by the
gas station's surveillance camera. On October 4, Stroman attempted
to rob the Mesquite, Texas, gas station operated by Patel.
Surveillance tapes showed the suspect waving a .44-caliber
chrome-plated pistol at the clerk and demanding, "Open the register
or I'll kill you." The 49-year-old Patel, a Hindu, tried to reach
for his gun hidden under the counter, but Stroman shot the man in
the chest. He left without taking any cash and was arrested the next
day. Patel's murder was the last in a series of shootings and it was
for that crime that Stroman was prosecuted, convicted and sentenced
to death. During the sentencing phase, he made an obscene hand
gesture to Hasan's relatives. Stroman testified at trial that
the United States government "hadn't done their job so he was going
to do it for them." Stroman was convicted and sentenced to
death. He has never shown remorse for the murders, and he even
composed poetry in prison expressing his pride in his crimes. "I
cannot tell you that I am an innocent man. I am not asking you to
feel sorry for me, and I won't hide the truth," Stroman told CNN in
a recent interview. "I am a human being and made a terrible mistake
out of love, grief and anger, and believe me, I am paying for it
every single minute of the day." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 21, 2011 |
Georgia |
Kathryn
DeYoung
Gary DeYoung
Sarah DeYoung, 14 |
Andrew DeYoung |
executed |
|
During the months preceding the crime, DeYoung told
his accomplice David Michael Hagerty that he wanted
to start a business and hoped to find investors to finance the
project. He later confided in Hagerty that he had
been unsuccessful in finding financial backing, but that he had
another solution. He estimated his parents' estate to be worth
$480,000, and, as Hagerty testified, "he felt that
the only means to acquire the money was take his family's life."
Subsequently, DeYoung told Hagerty
that "the murders were going to have to take place," and the two met
to discuss preparations. DeYoung formulated the
plan to murder his parents and two siblings by slashing their
throats, and then setting fire to the house. Several days before the
planned event, DeYoung drove
Hagerty to the DeYoung family's church in Dunwoody.
There they buried two containers -- a footlocker and another box --
which contained what DeYoung described to Hagerty as evidence which would incriminate him. In
preparation for the murders, DeYoung and Hagerty purchased clothing and supplies, including an
eleven-inch filet knife and two gasoline containers. According to
the plan, DeYoung and Hagerty
traveled on foot to the DeYoung home at 2:00 a.m.
on the designated day. On the way, they retrieved boots, gloves and
knives from a duffle bag which DeYoung had left in
the woods earlier that evening. Both men were armed with knives.
They approached the DeYoung home from the rear of
the property where they retrieved two containers of gasoline they
had left there earlier. When they reached the house, DeYoung took a handgun from his duffle bag and tucked it
into his waistband. After he cut the telephone wires, he and
Hagerty entered the house. DeYoung
went upstairs where his parents and sister were asleep. He
instructed Hagerty to go to a downstairs bedroom
where his 16-year-old brother Nathan was asleep, and to cut his
throat with the filet knife. DeYoung stabbed his
mother repeatedly while she was sleeping in her bedroom upstairs;
her screams awakened his father. As he struggled with his father,
DeYoung's sister Sarah came to the doorway of their
parents' bedroom. DeYoung slashed his father to
death, and then stabbed and killed Sarah in the hallway. Hagerty heard a commotion upstairs, and changed his mind
about killing Nathan. Nathan testified that he heard stomping and
banging noises coming from upstairs, and he heard his sister cry out
and call his name. Upon finding that the phone was dead, Nathan
escaped through his bedroom window and ran to a neighbor's house for
assistance. Instead of setting fire to the house as they had
planned, DeYoung and Hagerty
searched the area for Nathan. Nathan returned with a neighbor who
was armed with a gun. The neighbor noticed movement in the driveway,
and observed a figure clad in black. As the neighbor was about to
shoot at the man, he observed that it was Andrew
DeYoung, and he called out, "Andy, what did you do?" The neighbor
testified that he had no doubt the man he saw was the defendant.
Nathan did not see the suspect's face, but he testified that his
"movements and his body size resembled Andy, my brother." DeYoung and Hagerty fled from the house in
separate directions. Both had discarded their clothing, boots, and
weapons along the way. They eventually met up later that morning at
Hagerty's home, where they concocted an alibi.
Hagerty observed that DeYoung had
injuries to his neck and forehead. DeYoung drove
back to his home at 10:30 a.m., seven hours after the murders. He
told police that he had spent most of the night at
Hagerty's home, and he denied any involvement in the crimes.
Authorities noted that he was calm and showed no grief over the
deaths of his family members. There were scratches and abrasions
present on his face, neck, hands and right arm.
Hagerty was interviewed by police and gave several statements in
which he admitted his participation in the crimes. He also led
authorities to the clothing worn by him during the killings, and to
the footlocker and box which had been concealed on the church
property. These contained DeYoung's shoulder
holster and ammunition pouch and a hand-drawn map depicting the
route to the DeYoung home. An arrow on the map
pointed to a cul-de-sac where the house was located and was
accompanied by the words "Just Do It." Hagerty also
led police to a gun that fit the holster recovered in the
footlocker, and a Glock Model 81 military survival knife, which he
identified as similar to the knife DeYoung used on
the night of the crime. The victims' wounds were consistent with
that knife. DeYoung and Hagerty
were arrested on the same day, and charged with the three murders.
DeYoung was convicted of the malice murders of his
parents, Kathryn and Gary DeYoung, and his
14-year-old sister Sarah. The jury recommended the death penalty,
finding that as to each of the three counts of the indictment, the
offense of murder was committed while the offender was engaged in
the commission of another capital felony, to wit: murder; the
offender committed the offense of murder for the purpose of
receiving money or any other thing of monetary value; the offense of
murder was outrageously or wantonly vile, horrible, or inhuman in
that it involved depravity of mind of the defendant and aggravated
battery of the victims prior to their deaths. The trial court
sentenced DeYoung to death. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 29, 2011 |
Delaware |
Elizabeth Girardi |
Robert Jackson
III |
executed |
| On
April 3, 1992, because they needed money to buy marijuana, Robert W.
Jackson III's friend, Anthony Lachette, suggested that they rob a
home in Hockessin, Delaware owned by Elizabeth Girardi. Lachette had
been friends with the Girardi children and was familiar with the
home. Jackson and Lachette broke into the home through a porch door,
grabbed items such as jewelry, rare coins, a camera and some compact
discs and placed them into paper bags. As they were leaving the
home, Elizabeth Girardi came upon them in her driveway. Lachette
dropped his loot and fled, but Jackson remained, retrieved an axe
from a shed and killed Girardi. The police investigation led to
Jackson and Lachette after Jackson's roommate, James Burton, sold a
bracelet taken during the burglary to a pawnbroker who then
contacted the police. Lachette and Burton denied any involvement in
Girardi's murder but told police that Jackson had bragged about
killing Girardi. Other evidence placed Jackson at the crime scene.
The police matched Jackson's sneaker tread to two footprints at the
crime scene, found a camera, some coins and other items from the
burglary in Jackson's apartment and found two carpet fibers at the
entry of Girardi's home that matched fibers from Jackson's car. The
police arrested Jackson and Corrections placed him in Gander Hill
prison. While there, he befriended another inmate, Andre Johnson,
who was in Gander Hill in default of bail after an arrest on July 2,
1992 for burglary, theft and weapons charges. During their
developing acquaintance, Jackson sought Johnson's assistance in a
plan to murder Button in order to prevent Burton from testifying
against him. Johnson posted bail on August 27, 1992. Jackson later
mailed him a photograph of Burton, a letter and a map showing where
Burton lived. On September 25, 1992, Johnson went to prosecutors and
revealed Jackson's plan, giving them the photograph of Burton, the
letter and the map to Burton's house. The police found Jackson's
fingerprints on the letter and the map. Johnson testified for the
prosecution at Jackson's trial about the plan to murder Burton.
Johnson stated that he had been given immunity for his involvement
in the murder plan but stated that he had no agreement with the
prosecutors for leniency on the burglary, theft and weapons charges.
Later, Johnson moved to dismiss the burglary, theft and weapons
charges on the theory that he had been granted immunity on those
charges, as well, for his cooperation in Jackson's case. On March
11, 1994, Superior Court held a hearing to determine whether the
State promised Johnson immunity for the burglary, theft and weapons
charges in exchange for his testimony against Jackson. Timothy
Barron, the lead prosecutor in Jackson's case, testified that after
Johnson contacted him, he invited Johnson to his office that day,
then called in Robert O'Neill, the other prosecutor assigned to
Jackson's case, Lt. Dennis Godek, commander of the detective
division of the New Castle County police and Scott McLaren, the
chief investigator in Jackson's case. When Johnson arrived, Barron
interviewed him alone for a few minutes to assess Johnson's
allegations. Barron stated that he told Johnson at that time that
the prosecutors could not offer him leniency on the burglary, theft
and weapons charges in exchange for his testimony against Jackson
and that Johnson stated that he understood this. Johnson, on the
other hand, testified that during this initial conversation alone
with Barron, Barron offered him leniency for his cooperation but
told Johnson not to tell anyone. Barron next called O'Neill, Godek
and McLaren into his office where Johnson provided more details
regarding his conversations with Jackson about the plan to murder
Burton. Barron testified that during that interview, McLaren asked
Johnson what he expected in exchange for his cooperation. Johnson
replied that he did not want anything, but that he was not willing
to participate in a plan to murder a witness. Barron testified that
although Johnson did not explicitly state that he expected leniency,
Barron suspected that Johnson had a subjective expectation of
leniency. Barron also testified that although he offered Johnson no
leniency, Barron was prepared to obtain "some kind of thank you
treatment by the State." n3 In fact, in 1993, Barron convinced
senior prosecutors to authorize a plea offer to Johnson for a
recommended sentence of twenty-five years imprisonment instead of
the potential life sentence that Johnson could have received as an
habitual offender after conviction for the burglary, theft and
weapons charges. |
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