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Four killers were executed in
September 2005. They had murdered at least 8 people.
Six
killers were given a stay in September
2005. They have murdered at least 10 people.
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 7, 2005 |
Texas |
George Newman |
Rickey Lewis |
stayed |
|
Rickey Lynn Lewis, a man twice
sentenced to die for capital murder, was issued a death warrant
Wednesday to be carried out next month. The 43-year-old was set to
be executed on Sept. 7 by 114th District Judge Cynthia Stevens Kent,
who found that all of his state and federal appeals had been
exhausted. Lewis was convicted for the Sept. 17, 1990, murder of
George Newman during a burglary at the victim's house. He was also
found guilty of sexually assaulting Newman's common-law wife, Connie
Hilton. Lewis, clad in a bright yellow jail jumpsuit and shackles
and flanked by deputies, was transported from death row to Smith
County for the hearing, after which he was escorted back to prison.
The convict hung his head after the date was announced but moments
later, was smiling and talking with his attorney. A handful of
people for the victims, including Ms. Hilton, sat in the court's
gallery. Judge Kent ruled in February that Lewis was not mentally
retarded, a claim he used to try to escape the death chamber. The
Court of Criminal Appeals of Texas, which ordered the trial judge to
preside over the writ of habeas corpus hearing, agreed with her
ruling and ordered her to set an execution date. Lewis, who has been
on death row for about a decade, was convicted and twice sentenced
to die for the capital murder. The first Smith County jury selected
convicted Lewis and sentenced him to death. But in 1996, the Court
of Criminal Appeals remanded the punishment back to the trial court.
In 1997, another jury again sentenced him to the death penalty,
finding that he committed the murder deliberately, that there was a
high probability he would be a continuing threat to society and that
there were no mitigating circumstances that warranted a life
sentence rather that the death penalty. Former 241st District Judge
Diane DeVasto set Lewis' execution date for Aug. 7, 2003 but Lewis'
attorneys claimed he was mentally retarded, a matter that was
finally settled this year. The final judgment came down when the
Court of Criminal Appeals' affirmed Judge Kent's finding that Lewis
is not mentally retarded. Defense attorneys tried to prove that
Lewis was wrongly sentenced to death. Mental retardation experts
hired by the state testified that he has learning disabilities but
is not retarded; doctors hired by the defense disagreed. In a mental
retardation claim, the defense has the burden of proof. The
three-pronged approach to diagnosing mental retardation includes
below-average intellectual functioning usually denoted by an IQ
score of 70 or less, manifestation of the disorder by age 18 and
consideration of adaptive functioning, or how a person operates in
daily life. If the judge had ruled that Lewis was retarded, his
sentence would have automatically been commuted to life in prison.
In 2002, the U.S. Supreme Court prohibited the execution of mentally
retarded people. Judge Kent concluded that Lewis entered the home to
burglarize it but was interrupted by the victims. He shot Newman and
sexually assaulted, bit and hit Ms. Hilton, threatening to kill her.
He also killed the couple's dog. The defendant's late mother's
testimony during trial indicated he was a "bright" child who began
having problems when the family moved in with his father, who beat
him and whom he later shot to protect his mother. The shooting
occurred when he was 10 years old, she said. Lewis' capital murder
trial attorney, Jeff Baynham, sat in on the hearing Wednesday for
Lewis' appellate attorney Mike Charlton, of New Mexico. District
Attorney Matt Bingham, First Assistant DA April Sikes and Assistant
DA Mike West represented the state. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 8, 2005
|
Tennessee |
Laci Hill
Ray Patterson
Forrest Boyd |
Steven
Thacker |
stayed |
|
The Tennessee Supreme Court has
upheld the conviction and death sentence of Steven Ray Thacker.
Thacker was found guilty of first-degree murder for the January
2000, stabbing death of tow truck driver Ray Patterson. Thacker also
was convicted of killing two others on a three-state crime spree. He
murdered Bixby resident Laci Hill in December of 1999, and also
killed Forrest Boyd after stealing his car near Springfield,
Missouri. The Tennessee court scheduled a September 8th execution
date for Thacker, pending state and federal appeals. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| September
14, 2005
|
Texas |
Farrah Elaine Newton, 2
Alton Newton, 7
Adrian Newton |
Frances Newton |
executed |
|
  A September 14,
2005
execution date has been set for Frances Newton, 40, who was
sentenced to die for the 1987 shooting deaths of her husband, son and daughter.
Prosecutors
say she killed her family in order to collect $100,000 in insurance. Newton
claims
a drug dealer was the killer. Her defense attorney says he wants tests run on
bloody carpet from the crime scene that may exonerate Newton.
Texas governor Rick Perry granted Newton a 120-day reprieve just a few hours before she was to have
been executed on Dec. 1, 2004, in order to give her attorneys additional time to investigate questions
about the evidence used to convict her, but their efforts failed to clear her.
From the Texas Attorney General's web site: On the evening of April 7, 1987, a
Harris County sheriff’s deputy was dispatched to an apartment complex at 6126
West Mount Houston in response to a report of a possible shooting. The deputy
found the bodies of the three victims inside the apartment. All three had been
shot to death. Newton and her cousin were at the location when the deputy
arrived. A friend of Newton's testified that earlier in the evening, Newton had
taken a blue bag out of her car and put
it in an abandoned house which belonged to her parents. A homicide detective
later recovered the bag, which containing a .25 automatic pistol. A ballistics
expert established that the pistol was the murder weapon. A forensics expert for
the State established that nitrites were present on the skirt Newton wore on the
day of the shootings. In the expert’s opinion, the nitrites came from gunpowder
residue and were consistent with someone shooting a pistol in the lower front
area of the skirt. Less than a month prior to the murders, Newton purchased a
$50,000 life insurance policy on herself, another on her husband and a third on
her daughter. Newton, the primary beneficiary on the latter two policies, made
claims on the policies following the killings. Psychologist Charles Covert
testified at Newton’s trial that based on a hypothetical scenario paralleling
the facts in Newton’s case, there is a probability such a person would commit
violent acts constituting a threat to society. From December 2004: Virginia
Louis does not want to see her daughter-in-law executed on Wednesday night, but
she said there is no question in her mind that Frances Newton murdered her
family in 1987. "I know she's guilty; there is no doubt in my mind," said Louis,
a 61-year-old retired North Forest school bus driver and mother of the man
Newton was convicted of killing. Newton, 39, is scheduled for a lethal injection
Wednesday for the April 1987 murders of her husband, Adrian Newton, and her two
children, 7-year-old Alton and Farrah Elaine, 21 months. Frances Newton has
repeatedly denied killing her family, saying a drug dealer named "Charlie" may
have been responsible. She said her husband owed the man money. State and
federal courts have dismissed Newton's claims, and for the family of Adrian
Newton, the latest round of denials has been frustrating and painful. "My son
didn't use drugs. Why does she keep saying this Charlie? Who is Charlie? There
ain't no Charlie. She's Charlie," Louis said in an interview Monday. The Texas
Criminal Court of Appeals on Monday rejected Newton's 11th-hour appeal, and a
similar effort remains pending before the U.S. Fifth Circuit Court of Appeals.
Her petition for a 120-day reprieve is also pending before the state Board of
Pardons and Paroles. Prosecutors said Newton killed her family to claim $100,000
in life insurance money. Evidence at the 1988 trial showed Newton forged her
husband's signature on life insurance policies bought several months before the
deaths. Prosecutors said the murder weapon was a .25-caliber
automatic pistol that was found in a blue bag in an abandoned house near her
apartment. A witness saw Newton hide the bag in the house. Newton said she had
found the unfamiliar gun at home and removed it as a safety precaution. Key
evidence at Newton's trial included ballistics evidence linking the gun to the
murder. Newton's attorneys have raised questions about the reliability of
testing by the Houston Police Department crime lab, which have come under
scrutiny in recent years for providing inaccurate evidence at criminal trials.
Newton has lodged numerous complaints about Ron Mock, her court-appointed
defense attorney. Catherine Coulter, the attorney appointed to work with Mock,
signed an affidavit last week agreeing with Newton's attorneys that she and Mock
provided ineffective legal assistance. Prosecutors say state and federal appeals
courts have thoroughly reviewed all of Newton's claims and have no doubt of
Newton's guilt. Several of Adrian Newton's cousins may attend the execution, but
his immediate family will not. "We're all opposed to the death penalty," Tom Louis
of Houston, Adrian Newton's brother, said. "In my opinion, if someone commits a crime, they should have to live
with their mistakes." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 20, 2005 |
Ohio |
unnamed victim
Betty Jane Mottinger |
John Spirko |
stayed |
|
The
Ohio Supreme Court on Wednesday set a Sept. 20 execution date for
one of the state's longest-serving, death-row inmates, a man who
maintains he's innocent of the 1982 murder of a postal worker. But
attorneys for John Spirko, with permission from a federal judge in
Toledo, continue to gather facts to support their new claim that the
prosecution deceived the jury and the appeals courts about evidence
used to convict him. Spirko was sentenced to die in 1984 for the
murder of Elgin postmaster Betty Jane Mottinger. He says he didn't
do it. Spirko, 58, claims that the state's case against him was
weakened when charges against his co-defendant were dropped last
year. He also says prosecutors withheld key evidence and presented a
false case. The U.S. Supreme Court declined to hear Spirko's appeal
in March. The high court was apparently unimpressed by the
revelation that the county prosecutor had dismissed the
two-decade-old complaint pending against Gibson on the same day last
year that the 6th U.S. Circuit Court of Appeals upheld Spirko's
conviction. Gibson has never been tried for the murder. "I'm glad it
is coming to an end, but the main fact is that, even if he is put to
death as he should be, it's not going to bring my mother back," said
the victim's son, Douglas Mottinger of Coldwater, Mich. His father,
Clarence, who died in 2003, once said he moved to Indiana so that
his tax dollars would not be used to clothe and feed the man who
stabbed his wife 15 times in the chest and stomach. The 6th U.S.
Circuit Court of Appeals has upheld Spirko's conviction and death
sentence. An important element of the Van Wert County prosecutor's
case was a witness who said she recognized co-defendant Delaney
Gibson, a friend of Spirko, near the Elgin post office the day that
Mottinger disappeared. No physical evidence tied Spirko to the
murder. He was convicted of the killing based largely on his
statements to police and the testimony of the eyewitness who said
she had seen Gibson near the post office. Prosecutors had alleged
that Spirko participated in the kidnapping and killing of Mottinger
with Gibson. Prosecutors never told the jury or defense that they
had evidence before the trial that Gibson was with family in North
Carolina, hundreds of miles from Elgin, the night before the crime.
Recently, Spirko's lawyers said evidence had surfaced that a key
investigator told the prosecutor before the 1984 trial that Gibson
wasn't involved in the murder, but that the prosecutor used the
Gibson allegations against Spirko anyway. The prosecutor has denied
this. Earlier this month, U.S. District Judge James Carr of Toledo
authorized Spirko's lawyers to investigate that evidence further.
Gibson was never tried in the Mottinger case. Capital murder charges
against him were dismissed last year. Spirko, born in Toledo,
was paroled in Kentucky in 1982 for a separate murder. He returned
to Swanton to live with his sister. He was soon jailed there on an
unrelated assault charge, a parole violation. Spirko's attorneys
argued he is sitting on death row because he lied to investigators
about having information about the unsolved Mottinger murder. Spirko
has maintained he wanted to trade false information for leniency for
himself on the assault charge as well as for his girlfriend, who had
been charged with helping him to attempt a prison escape. Although
investigators dismissed much of what he told them, they latched onto
Spirko's connection with Gibson and several details they said could
come only from the killer. These details included: 1) the location
of the stab wounds in Ms. Mottinger’s body; 2) a description of Ms.
Mottinger’s clothing; 3) knowledge that a stone had been pried from
a ring worn by Ms. Mottinger; 4) a description of the ring; 5) the
type of shroud and specific method used to enwrap Ms. Mottinger’s
body after her death; 6) a description of Ms. Mottinger’s purse into
which the perpetrators placed the fruits of the Post Office robbery;
and 7) a description of what was stolen in that robbery. On October
28, 2004 and November 16, 2004, Spirko filed an application for DNA
testing in the trial court. Spirko requested DNA testing on “blood
or other evidence received from the person of the deceased, Betty
Mottinger, or from physical evidence recovered from the area where
the body was discovered including blood evidence on tarp and boots.”
On March 10, 2005, the trial court denied Spirko’s request for DNA
testing. In doing so, the trial court noted the following: 1) There
was no biological material found at the site of the abduction; 2) At
trial it was never claimed that any of the blood found on or in the
area of the victim’s remains was the defendant’s; and 3) As to the
boots, it was conceded by the prosecution at trial that it could
have been Spirko’s blood on the boots. Thus, the trial court
concluded that DNA testing could not exonerate Spirko. UPDATE: Gov.
Bob Taft today delayed the execution of a condemned killer
professing his innocence to allow for a second parole board hearing.
Taft ordered the execution of John Spirko, convicted of killing a
northwest Ohio postmistress, delayed until Nov. 15 to allow for the
hearing. The parole board had requested the delay of the Sept. 20
execution earlier today. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 22, 2005 |
Texas |
Wynona Lynn Harris |
Michael Riley |
stayed |
|
An execution date has been set for
a former Quitman resident convicted in the 1986 murder of Wynona
Harris, a convenience store clerk stabbed more than 20 times.
Michael Lynn Riley, now on death row in Livingston, is set to die
Sept. 22. Riley was convicted of capital murder after he confessed
to stabbing Ms. Harris 23 times and stealing $970 she was counting
in the store. Wood County District Attorney Marcus Taylor said that
on Feb. 1, 1986, Riley watched Ms. Harris counting the money from
outside the Quitman convenience store, then entered, stabbed her to
death, took the money, walked home and discarded the knife and money
bags in a field. He later went to the Wood County Sheriff's
Department and confessed, signing a written statement. A jury found
Riley guilty in 1986 and sentenced him to die, but his conviction
was overturned by the Texas Court of Criminal Appeals in 1991 and
remanded to Wood County for a new trial because a potential juror
had been improperly dismissed. Riley pleaded guilty to capital
murder in his second trial in September 1995, and defense attorneys
asked for life in prison, but the jury returned with a death
sentence. Riley has exhausted all his appeals. The Harris family has
said the execution date is long overdue. "I don't know what to think
right now," said Kitty Harris, Wynona's sister. "I never dreamed it
would continue for this long. Her children were babies when it
happened, and now they have babies of their own. That's how long we
sat here with no closure on this." Ms. Harris said the family is
glad a date has been set, but is wary that Riley may not get
executed if he is proven to be mentally retarded. She said Riley's
nonchalant nature about the murder at the trials showed that he had
no regrets. "I hope this is the end of 20 years of emotional
unrest," she said. "It's time to come to an end." Ms. Harris said
that even though Riley had not committed violent crimes before, she
strongly believed he would murder again. "Yes, this was his first
time of violent behavior and taking another human being's life, but
by no means do I think it would've been his last," she said. Ms.
Harris said she is supporting the death penalty for Riley because
her sister's murder tore her family to shreds. She said she doesn't
think Riley deserves a place in society, or that tax dollars should
go to keep him alive. "His mom gets handwritten letters and my mom
gets to stare at a headstone," she said. Ms. Harris said despite her
feelings about Riley, she still has empathy for his family, and she
said she has raised her sister's children to not hate him or his
family. "I sat in court and saw his mom brokenhearted," she said. "I
just wanted to hug her ... I didn't want my children ever growing up
thinking 'I hate this person.'" Some of the family members will
likely witness the execution, Ms. Harris said. "It's been very, very
difficult," she said. "There have been times when you have to talk
yourself into keeping on believing in the justice system." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 22, 2005
|
Alabama |
Paul G. Franklin Jr., 34
Judy Choron Franklin, 34
Paul Franklin Jr., 10 |
John Peoples |
executed |
|
A man convicted of murdering a
Talladega County couple and their 10-year-old son before taking
their vintage Chevrolet Corvette is set for execution on Thursday,
22 years after the killings. John W. Peoples Jr. was convicted in
1983 in the murders of Pell City businessman Paul G. Franklin Jr.,
wife Judy Choron Franklin, both 34, and Paul Franklin Jr., their
son. Peoples asked the Alabama Supreme Court to block the execution,
but no ruling had been issued Monday. The boy and his mother were
beaten to death with a rifle, and Peoples led authorities to the
spot where their bodies were dumped in a field. The man's body was
too decomposed by the time he was found for investigators to
determine a cause of death. A former prosecutor said Peoples, now
48, killed the three because he was after the Fanklins' 1968 red
sports car. "He wanted the Corvette, and he got in an argument with
Paul Franklin, then he decided he needed to get rid of the
witnesses," said Robert Rumsey, a former district attorney who
prosecuted Peoples, now 48. An attorney for Peoples asked the
Alabama Supreme Court to block the execution, arguing it should be
halted because Peoples originally was sentenced to die in Alabama's
electric chair but the state has since changed its preferred method
of execution to lethal injection. The head of the state's death
penalty appeals office, Assistant Attorney General Clay Crenshaw,
said the execution should be allowed to go forward since Peoples
could have requested death in the electric chair but didn't. "If he
truly wanted to be electrocuted he could have done that," said
Crenshaw. "The default (method) is lethal injection." Peoples'
attorney, William C. Cagney of New Brunswick, N.J., did not
immediately return a message seeking comment. Peoples was arrested
in the Corvette soon after the slayings. "As far as I'm concerned,
it ruined our life. It changed our mother's life. It changed my life
because we've lived for this for 22 years. I'm glad it's coming
down. He got what he deserved," Judy Franklin's brother, Bill Choron
of Foley, told The Birmingham News. Evidence showed the woman wrote
Peoples' name inside a clothes hamper with eye makeup before he
abducted her and the boy from their home. Peoples and his cousin,
Timothy Gooden, who was with him the night of the killings, were
both charged with capital murder. Gooden testified for the
prosecution in a plea deal and received a life sentence with the
possibility of parole. Gooden later changed his story and said
investigators pressured him into testifying against Peoples,
coaching him to tell a fabricated story. He was re-indicted for
capital murder, pleaded guilty again, and is serving a term of life
without parole. UPDATE: Condemned inmate John W. Peoples Jr. flashed
a broad grin and gave a thumbs up to his brother before he was
executed Thursday for killing a Pell City family of three and
driving off in their vintage sports car in 1983. Peoples, 48, of
Talladega, died at 6:27 p.m. CST. He was convicted in December 1983
in the killing of Pell City businessman Paul G. Franklin and his
wife, Judy Choron Franklin, both 34, and their 10-year-old son,
Paul. Officials at Holman Prison near Atmore conducted the execution
by lethal injection after the U.S. Supreme Court denied Peoples'
request for a delay and Gov. Bob Riley turned down his bid for
clemency. Peoples did not look at or offer an apology to relatives
of the Franklins, instead thanking his own family for their support.
"I hope I've handled everything since I've been here with dignity,"
he said in his final statement as he faced his brother, Gerry
Peoples. The Franklins' relatives said they were relieved that
Peoples was executed, but were surprised at his apparent lack of
remorse. "Seemed a lot easier on him the way he died versus the way
they died," said Bill Choron, Judy Choron Franklin's brother.
Peoples ate very little in the days before the execution and did not
make the traditional request for a last meal, prisons spokesman
Brian Corbett said. Peoples spent Thursday morning visiting with
several relatives, including his mother, two daughters and son. He
left $186.19 to his brother. In the final days leading up to his
execution, Peoples argued that he had a right to die by
electrocution, as his original death sentence stipulated, instead of
lethal injection, a method Alabama adopted beginning July 1, 2002.
He contended there never was a public court proceeding changing the
sentence. The state, in its response to the Supreme Court, said
Peoples missed the 2002 deadline to request the electric chair. "He
has offered absolutely no justification for the delay," said
Assistant Attorney General Beth Hughes in her rebuttal filed
Wednesday. State's attorneys also said his sentence - death - was
not changed and that his claim was without merit. The Franklin boy
and his mother were beaten to death with a rifle, but the father's
body was too decomposed by the time he was found for investigators
to determine the cause of death. Prosecutors say Peoples killed the
three because he wanted their 1968 red Corvette, and he was arrested
after attempting to sell the car shortly after the killings. Peoples
had argued that because he led investigators to the bodies, his
attorney should have taken steps to get him a sentence less than the
death penalty. Evidence showed that Judy Franklin wrote Peoples'
name on the top of a clothes hamper with an eyebrow pencil before
she and her son were abducted. Peoples' cousin, Timothy Gooden, also
testified in a plea deal which got him a life sentence with the
possibility of parole. Gooden, who initially testified that he was
with Peoples the night of the killings, later claimed investigators
pressured him into testifying falsely against Peoples. Gooden was
re-indicted for capital murder and, after pleading guilty, sentenced
to life without parole. Last week, relatives of Gooden presented
prison Commissioner Donal Campbell with a letter from Peoples in
which he insists Gooden was never with him the night of the murders.
Peoples' letter, while apparently not asserting his own innocence,
says in part that District Attorney Robert Rumsey knew Gooden was
not there but still made a deal with Gooden to testify against
Peoples. Relatives of the Franklins had said they did not care if
Peoples died by electrocution or lethal injection. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 22, 2005 |
Pennsylvania |
Edmund
Saranchak
Stella Saranchock |
Daniel
Saranchak |
stayed |
|
Daniel Saranchak,
a father of five, was sentenced to be executed for the October 15,
1993 robbery and murder of his uncle, Edmund Saranchak and his
grandmother, Stella Saranchock (she had kept the original spelling
of the surname.) Edmund was shot between eyes as he was sitting on
the couch. Stella was bedridden and was shot to death in her bed.
Saranchak said he killed because he needed money to keep drinking
with a friend and stole approximately $355. In November of 2000, a
federal appeals court issued a stay 40 minutes before the execution
of Saranchak. Saranchak, 37, has opposed all appeals on his behalf,
but attorneys who formerly represented him are arguing he is not
competent to waive appeals and have requested legal standing to file
appeals on his behalf. UPDATE: A Schuylkill County man who's on
death row for murdering his grandmother and uncle in October 1993
has received a stay of execution. Daniel Saranchak will not be
executed on September 22nd, as originally scheduled. The 37-year-old
Pottsville man has received the stay of execution from U.S. Middle
District Judge Sylvia Rambo allowing him to pursue a claim that his
trial attorney was ineffective. Paperwork on the claim must be filed
by October 16th. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 27, 2005
|
Ohio |
Daniel Baker, 40 |
Herman Ashworth |
executed |
|
On 9/10/96, Ashworth murdered
40-year-old Daniel Baker outside the Wagon Wheel bar in Newark.
After having a few drinks at the Wagon Wheel and Legend Bars with
Mr. Baker, Ashworth beat Daniel with a board and kicked him several
times. He then stole Daniel's wallet. Ashworth later confessed and
pled guilty to the charges. Ashworth says he has always believed in
capital punishment, and his eight years on death row haven't changed
his opinion. Ashworth admits that he beat Daniel Baker to death and
robbed him of $40 and deserves to be executed. Except for a brief
time early in the case, Ashworth has refused to put on a defense or
to let attorneys do it for him. He pled guilty in 1997 to aggravated
murder and aggravated robbery. In May of 2005, he dropped his
lawyers because they were trying to keep him alive, and no other
appeals were planned. "The Baker family deserves to have their
justice," Ashworth told a psychologist who evaluated him to
determine if he was competent to volunteer for execution. "What's it
going to hurt to have them have their day of justice? A needle isn't
all that bad and I'm going to go to sleep." UDPATE: A man who said he deserved to
die was executed by lethal injection Tuesday for luring a man into
an alley in 1996 and beating him to death for $40. Herman Dale
Ashworth, 32, was the fourth Ohio death row inmate since 1999 to
drop his appeals to speed his execution. He was pronounced dead at
10:19 a.m. at the Southern Ohio Correctional Facility. Ashworth
pleaded guilty in 1997 to the slaying of Daniel Baker, 40, of
Newark, who was beaten so badly a deputy coroner said his injuries
were consistent with a high-speed traffic accident or plane crash.
"A life for a life, let it be done and justice will be served,"
Ashworth said in his final statement after taking a couple of
labored breaths. He breathed calmly as the execution started, then
shook before his breaths became more rapid. Soon the 6-foot-4
Ashworth was motionless, his white Adidas hightops hanging off the
gurney's edge. Before he walked into the death chamber, prison
medical technicians in a neighboring room had trouble inserting the
shunt into Ashworth's right arm where the lethal drugs were
administered. Workers ran their hands up Baker's right arm looking
for an another location for the second shunt after the one in his
left arm went in easily. Within 10 minutes, they had inserted the
shunt. Ashworth stayed calm throughout, talking with workers in the
room. "I can't lie and say that I'm sorry that this conclusion
happened because I'm not," said Baker's niece, Tangee Overly, whose
husband, Samuel, witnessed the execution while she waited in the
prison. "Dan was very brutally murdered." About 100 protesters set
up sandwich boards outside the prison fence Tuesday morning with
lists of those executed in Ohio and their pictures. Meanwhile,
inmates at the prison remained locked in their cells early Tuesday
after an inmate was attacked and killed Monday. Ashworth and Baker,
who had never met before, had a few drinks and were walking to a bar
when Ashworth called Baker over to an alley and beat him with his
fists and a 6-foot board and kicked him, according to court
documents and Ashworth's interview with police. After beating
Baker, Ashworth took about $40 from him and went back to a bar in
Newark, about 30 miles east of Columbus. Ashworth told police that
Baker, a divorced father of a then-12-year-old girl, came onto him
and he freaked out. His girlfriend at the time, Tanna Brett,
testified that Ashworth told her about the beating and said he had
to go back to the alley to kill him to prevent Baker from
identifying him. Brett said she thought she persuaded Ashworth to
leave Baker alone. However, when she went looking for him later she
heard a metal sound coming from the alley and found Baker in a
different position near a metal loading dock door. Ashworth's
adoptive parents, James Ashworth and Anna Mae Dalton, who live near
DeQuincy in southwest Louisiana, had planned to visit with their son
before the execution but were unable to make after the area was
ravaged by Hurricane Rita. Ashworth stayed up Monday night in an
unsuccessful attempt to call the couple, now divorced, before the
execution, a prisons spokeswoman said. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 28, 2005
|
Indiana |
Lisa Bianco |
Alan Matheney |
executed |
|

On March 4, 1989, Alan Matheney,
while on an eight-hour pass from prison, brutally murdered Lisa
Bianco (his ex-wife and the mother of his two daughters, Amber and
Brooke). On March 4, 1989, Matheney was given an
eight-hour pass from the Correctional Industrial Complex in
Pendleton, Indiana where he was an inmate. Matheney was serving a
sentence for Battery and Confinement in connection with a previous
assault on his ex-wife, Lisa Bianco, who was the victim in this
case. The pass authorized a trip to Indianapolis; however, Matheney
drove to St. Joseph County. Matheney went to the house of a friend
where he changed clothes and removed an unloaded shotgun from the
house without the knowledge of those present. Matheney then drove to
Mishawaka. He parked his car not far from Lisa Bianco's house and
broke in through the back door. Lisa ran from her home, pursued by
Matheney. Neighbors witnessed the chase that ensued. When Matheney
caught Lisa, he beat her with the shotgun which broke into pieces.
One neighbor confronted Matheney and saw him get into a car and
drive away. Matheney surrendered to a policeman later that
afternoon. The autopsy showed that Lisa Bianco died as a result of
trauma to the head from a blunt instrument. It is worth noting that
at trial the prosecution introduced overwhelming evidence of
Matheney's murder of Lisa Bianco. Matheney's brother and a friend of
Matheney's both testified at trial that Alan Matheney arrived at the
friend's home at about 1:00 p.m. on March 4, 1989. The friend
further testified that when Matheney left his home approximately one
hour later, a gun belonging to his step-son was missing. Matheney's
daughter, Brooke, testified that she was at home with her mother in
St. Joseph County on the afternoon of the Fourth when she saw her
father enter the house and confront her mother. At her mother's
request, Brooke ran next door and asked the neighbor to call the
police. Several neighbors testified that they watched Matheney
violently assault and murder Lisa in the middle of the street by
repeatedly striking her with a rifle. The evidence was so powerful
that when defense counsel began his opening statement, he admitted:
"On March 4, 1989, in the early afternoon, Alan Matheney beat his
ex-wife to death in broad daylight, on a public street corner, in
Mishawaka, Indiana." Defense counsel went on to argue that Matheney
was insane at the time of the killing, his legal defense, however
two separate court-appointed doctors individually reported to the
court that Matheney was sane at the time he committed the crimes.
UPDATE: On Monday, August 29, the Indiana Supreme Court set a
September 28 execution date for 54-year-old Alan Matheney for the
1989 murder of his ex-wife, Lisa Bianco. In 1989, Matheney was in
serving time in prison for an assault on his former wife, Lisa
Bianco. He was released on an eight-hour pass, forced his way into
Lisa's home in Mishawaka, then killed her by beating her to death
with an un-loaded shotgun. Sixteen years later, Lisa Bianco's mother
says it's hard to feel justice has been served. "Justice isn't
exactly what you would hope that it would be," says Millie Bianco.
"I imagine we are closer. This is more definitive, but I think that
the validity of the death penalty sentence was invalidated a long
time ago just because it takes you know, so long." The conviction
and sentence were upheld but the time it took to get here has worn
on the Bianco family. "I don't think that justice is really served,
has been served with the death penalty because he's had all these
years you know, that Lisa didn't,” says Millie. "It's just not that
much of a deterrent because it's not employed on a timely basis.
We've been subjected to, you know, all these appeals, having to have
Lisa slandered again in court. To me it's just, you know, is a
misuse of taxpayers money and the family's emotions." Matheney could
still avoid the death penalty by receiving a stay or seeking
clemency from the governor. In 1999, the courts ordered a new
evidentiary hearing on Matheney's competency. In February of 2003, a
federal judge in South Bend rejected Matheney's appeal that he
should have been found mentally incompetent to stand trial, and his
attorneys should have sought such a ruling. The federal judge found
no evidence Matheney should have been ruled mentally incompetent,
and he noted that Matheney's attorneys had pursued an insanity
defense. The case returned to the Seventh U.S. Circuit Court of
Appeals in Chicago, which ordered the review. The court ruled in
July of 2004 that Matheney was mentally competent to stand trial at
the time. The US Supreme Court refused to hear Matheney's appeal in
May 2005. UPDATE: A man who beat his ex-wife to death with an
unloaded shotgun during an eight-hour furlough from prison was
executed early Wednesday, hours after the governor denied his
request for clemency. Alan Matheney, 54, sentenced to death in 1990
for murdering 29-year-old Lisa Bianco, was executed by chemical
injection and pronounced dead at 12:27 a.m. EST. "I love my family
and my children. I'm sorry for the pain I caused them," Matheney
said in his final statement, read by his attorney. When granted the
prison furlough, he had been serving an eight-year sentence for a
1987 assault on Bianco and confining their two children. Prosecutors
said he drove to the South Bend suburb of Mishawaka, broke into
Bianco's home, chased her outside and beat her to death. The murder
came just months after images of Willie Horton, a murderer who
committed a rape while on prison furlough in Massachusetts, helped
derail Massachusetts Gov. Michael Dukakis' 1988 bid for the White
House. In Indiana, then-Gov. Evan Bayh suspended the state's prison
furlough program after Bianco's murder. The program has since been
reinstated, but with tighter restrictions. The state also agreed to
pay $900,000 to Bianco's estate and the couple's children, who were
home at the time of the attack. Bianco had divorced Matheney in
1985. She continued to fear her husband even after his incarceration
and had gotten assurances from prison officials that she would be
notified if he was ever released. She was not notified of the
furlough, however, and Matheney violated the terms of his pass and
an earlier court order when he left central Indiana for her home. On
Tuesday, Gov. Mitch Daniels denied defense lawyers' request to
consider blocking the execution on grounds he was mentally ill.
Millie Bianco, the victim's mother, said although she believed
Matheney deserved to be executed, she had mixed feelings about
Daniels' decision. "This is a man who washed dishes in my kitchen
and who could be charming, who loved his dog," she told The
Associated Press by telephone from her home in Lake Alfred, Fla.
"At times your mind skips back to those parts. So it is hard. The
legal system was almost to the point of irresponsibility and a total
lack of respect for the victim's rights," Millie Bianco said. "She
knew once he was out that he would be after her. It's been such an
emotional roller coaster for all these years that it's going to be
pretty hard to just turn it off," Millie Bianco said. "You can't do
that because all these lives have been torn apart." But she said
even the death penalty was not punishment enough for Matheney. "If
we're talking about true justice, he wouldn't be receiving a nice,
quiet injection. Lisa was chased out of her home half naked and
bludgeoned to death on the neighbor's doorstep, and that's a
horribly indignant murder," she said. "What he is getting is going
to be a piece of cake compared to that." About 20 death penalty opponents marched in front of the prison
banging drums Tuesday evening to protest the execution. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 29, 2005 |
Pennsylvania |
Rashawn Bass, 23 |
Antyane Robinson |
stayed |
|
Pennsylvania Gov. Edward G.
Rendell today signed a warrant for the execution by lethal injection
of Antyane Robinson, a Fort Washington, Maryland man who was
convicted of a slaying in Cumberland County. Robinson's execution is
scheduled for Thursday, Sept. 29. In March 1997, Robinson was
convicted and sentenced to die for shooting his former girlfriend's
boyfriend, 23-year-old Rashawn Bass, in Carlisle. Robinson was
formally sentenced to death on April 1, 1997. UPDATE: A federal
judge halted the scheduled Sept. 29 execution of a man convicted of
killing his ex-girlfriend's boyfriend in Carlisle in 1996. Antyane
Robinson, formerly of Fort Washington, Md., will have more time to
pursue an appeal under an order issued Monday by U.S. District Judge
Yvette Kane. Robinson was sentenced to death in 1997 for killing
Rashawn Bass, 23. He also critically wounded his ex-girlfriend, Tara
Hodge. Robinson, 36, is an inmate at the state prison in Greene
County. |
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