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[left.htm]
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Five killers were executed in
January 2006. They had murdered at least 13 people.
Four
killers were given a stay in January 2006. They have murdered at least 5 people.
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| January
17, 2006
|
California |
Mary Sue Kitts, 17
Bryon Schletewitz, 27,
Josephine Rocha, 17,
Douglas White, 18 |
Clarence Allen |
executed |
|

 In
June 1974, Clarence Ray Allen decided to burglarize Fran’s Market in Fresno,
California. Ultimately, Allen was convicted of the burglary and related
first-degree murder of Mary Sue Kitts, the crime for which he was serving a life
sentence when he committed his current crimes of conviction in an effort to
silence the witnesses who testified at the 1977 Fran’s Market/Kitts murder
trial. Allen had known the owners of Fran’s Market, Ray and Frances Schletewitz,
for more than a decade. To assist in the burglary, Allen enlisted the help of
his son Roger, as well as Carl Mayfield and Charles Jones, employees in Allen’s
security guard business and frequent co-conspirators in prior criminal pursuits.
On the night of the burglary, Roger Allen invited the Schletewitz’s 19-year-old
son, Bryon, to an evening swimming party at Allen’s house. There, Bryon’s keys
to Fran’s Market were taken from his pants pocket while he was swimming. Later
in the evening, while Bryon was on a date arranged by Allen with 17-year-old
Mary Sue Kitts, son Roger’s live-in girlfriend at the time, Allen, Mayfield, and
Jones used Bryon’s keys to burglarize his parents’ market. They removed a safe
from the market and divided the $500 in cash and over $10,000 in money orders
found inside. With help from his son Roger, his girlfriend Shirley Doeckel, Mary
Sue Kitts, and two others — Barbara Carrasco and her stepson Eugene Leland
(“Lee”) Furrow — Allen cashed the stolen money orders at southern California
shopping centers by using false identifications. While the stolen money orders
continued to be cashed, Mary Sue Kitts contacted Bryon Schletewitz and tearfully
confessed to him that she had helped to cash the money orders stolen from Fran’s
Market by Allen. Bryon confronted Roger Allen with this story, and Roger
admitted that the Allen family had burglarized the store. Bryon, in turn,
confirmed to Roger that Mary Sue Kitts had been the one to confess the burglary
to him. When Roger told his father of Bryon’s accusation based on Kitts’s
confession, Allen responded that Bryon and Kitts would have to be “dealt with.”
Allen next told Ray and Frances Schletewitz that he had not burglarized their
store and that he loved Bryon like his own son. He also threatened and
intimidated the Schletewitzes, however, by hinting that someone was planning to
burn down their house and by having Roger pay Furrow $50 to fire several
gunshots at their home one midnight. Meanwhile, Allen called a meeting at his
house and told Jones, Mayfield, and Furrow that Mary Sue had been talking too
much and should be killed. Allen called for a vote on the issue of her
execution. The vote was unanimous because those present feared what would happen
if they did not go along with Allen’s plan. Allen had previously told his
criminal accomplices that he would kill snitches and that he had friends and
connections to do the job for him even if he were in prison. He had also
referred to himself as a Mafia hitman and stated that the “secret witness
program” was useless because a good lawyer could always discover an informant’s
name and address. Allen kept a newspaper article about the murder of a man and
woman in Nevada, and claimed he had “blown them in half” with a shotgun. Allen
thereafter developed a plan to poison Mary Sue Kitts by tricking her into taking
cyanide capsules at a party to be held at Doeckel’s Fresno apartment. Allen sent
Mayfield and Furrow to get the cyanide and took some heavy stones from his house
to weigh down Kitts’s body, which was to be dumped into a canal. He overruled
Jones’s suggestion that she merely be sent somewhere until “things died down,”
and he dismissed Doeckel’s objection to having a murder committed in her
apartment. Shortly before the party began, Allen told Furrow that if he refused
to commit the killing, Allen could just as easily get rid of two people as one.
Allen left Doeckel’s apartment shortly before Mary Sue Kitts arrived. When she
arrived and refused to take the “pills” offered to her, Mayfield and Jones
called Allen. Allen told Furrow to kill her one way or another because he just
wanted her dead. Later, when she still would not take the cyanide pills, Allen
met Furrow outside the apartment and stressed that he “didn’t care how it was
done but do it.” Allen added that Furrow would be killed if he tried to leave
the apartment. When Furrow and Mary Sue were finally left alone, Furrow began to
strangle her, only to be interrupted by a phone call from Allen asking if he had
killed her yet. When Furrow answered no, Allen ordered him to “do it” and hung
up. Furrow then strangled Mary Sue Kitts to death. Warning Jones, Doeckel, and
Furrow that they were all equally involved in the murder, Allen had them tie
stones to her wrapped-up body and, while he watched for traffic, throw it into a
canal. After the murder, Allen threatened and bragged to his various cohorts. To
Carrasco, Allen said that he had had to “ride her up, wet her down and feed her
to the fishes.” When Mayfield asked how Furrow was doing, Allen responded that
he was “no longer in existence,” explaining that it is easy to go to Mexico, get
someone killed, and have the body disposed of for only $50. Allen also told
Shirley Doeckel that Furrow was no longer around and repeated his claim that he
had killed a woman in Las Vegas. Allen had not actually killed Furrow, however,
and would later enlist his help in the 1974 robbery of an elderly couple at
their jewelry store. About six months after the murder, when Mayfield asked
Allen if he was worried about others talking, Allen said that he was not afraid,
that “things would be taken care of” if that happened, that he would have
snitches killed, and that he would take care of “secret witness” informers even
if he were imprisoned. Allen told Jones and others that “talking was a spreading
disease and that the only way to kill it was to kill the person talking.” Allen
would say of his cohorts that “none of these people talked” and that, if they
did, “he would get them from inside or outside prison.” When Jones’s home was
burglarized some time after the murder and Jones told Allen about the burglary,
Allen responded that the burglary showed how easily Jones could be reached.
Allen later gave Jones a key that fit his residence, and told him in front of
his five-year-old son that he knew Jones “would like his kids to grow up without
harm.” Allen later brought in new employees, Allen Robinson and Benjamin Meyer,
and bragged to Meyer that he “had a broad helping them who got mouthy so they
had to waste her” and that she “sleeps with the fishes.” He further warned
Meyer, “If you bring anybody in my house that snitches on me or my family, I’ll
waste them. There’s no rock, bush, nothing, he could hide behind.” When Meyer
asked what would happen if Allen was arrested and could not make bail, Allen
replied, “You’ve heard of the long arm of the law before? Well don’t
underestimate the long arm of this Indian. I will reach out and waste you.”
After holding meetings with his new employees and his son Roger, Allen arranged
for the group to rob a K-Mart store in Tulare. Chastising Robinson for making
mistakes, Allen told Meyer, “We just might waste him,” and later replaced
Robinson with Larry Green as his “inside man.” During an armed robbery of a
Visalia K-Mart in March 1977, Green shot a bystander, and police arrested him
along with Meyer and Allen. Allen was tried and convicted in 1977 of robbery,
attempted robbery, and assault with a deadly weapon. His arrest also led to his
second 1977 trial, for the Fran’s Market burglary, conspiracy, and the murder of
Mary Sue Kitts. Numerous witnesses, including Bryon Schletewitz, Mayfield,
Jones, Furrow, Doeckel, Carrasco, and Meyer, testified on behalf of the
prosecution. Allen was convicted of burglary, conspiracy, and the first-degree
murder of Kitts, and was sentenced to life in prison with the possibility of
parole. While incarcerated at Folsom Prison, Allen called and wrote his second
son, Kenneth, to request several copies of a magazine article about Kitts’s
murder. He explained that he wanted to send the copies to other prisons to
solicit help retaliating against those who had testified against him. In Folsom,
Allen met Billy Ray Hamilton, a fellow inmate and convicted robber who was
housed nearby and worked with Allen in the prison’s kitchen for two months in
mid-1980. Hamilton, nicknamed “Country,” became Allen’s “dog,” running errands
and taking care of various problems in
return for cash. Another inmate, Gary Brady, would occasionally assist Hamilton.
Brady was scheduled to be paroled on July 28, 1980; Hamilton was scheduled for
parole one month later. After Hamilton and Brady had been helping him for some
time, Allen informed them that he had an appeal coming up and wanted certain
people taken “out of the box, killed,” because “they had been onto his appeal,”
and “messed him around on a beef.” Allen mentioned the names “Bryant” (Bryon),
Charles Jones, and “Sharlene” as witnesses to be killed, and offered Hamilton
$25,000 for the job. Allen also confided to another inmate, Joseph Rainier, that
he had been convicted of first-degree murder based on the testimony of “the guy
who did the actual killing” and that he would like to see this person, as well
as four other witnesses, killed. Rainier saw Allen and Hamilton huddled close
together and talking on the prison yard bleachers and track every day for the
four to six weeks before Hamilton’s release in late August 1980. In response to
Rainier’s repeated inquiries about what was going on, Allen stated that Hamilton
was “going to take care of some rats for me.” Allen later elaborated that
Hamilton was going to “get paid for the job” and that “Kenny was going to take
care of transportation.” Allen said that he could likely “win his appeal” if the
witnesses were killed and offered to have witnesses who had testified against
Rainier killed as well. Allen asked his eldest son Kenneth, and Kenneth’s wife
Kathy to visit him in jail, which they did with their baby on August 15. Allen
told Kenneth that both Ray and Bryon Schletewitz were going to be murdered and
that the other witnesses against him would also be eliminated so that he would
prevail on retrial if he won his appeal. He added that Shirley Doeckel had
agreed to change her testimony if he were granted a new trial. Allen gave
Hamilton’s mug shot to Kenneth and explained that Hamilton — whom he referred to
as “Country” — would commit the killings and that he expected Kenneth to supply
“Country” with guns and transportation. Kenneth agreed to find guns for Hamilton
with Kathy’s help, and Kenneth smuggled Hamilton’s photo out of prison in his
baby’s diaper. He and Kathy thereafter received a series of letters from Allen
detailing the evolving plans. Soon after Hamilton was paroled, Kenneth wired him
transportation money and met him at the Fresno bus depot. At Kenneth’s house,
Hamilton confirmed that he was there to murder Bryon and Ray Schletewitz, and
asked to see the weapons he would be using. He explained that he would not kill
Doeckel yet because she was helping him locate the other hit-list witnesses.
Hamilton’s girlfriend, Connie Barbo, joined Hamilton in Fresno. She told
acquaintances that she had a chance to get a few thousand dollars and a hundred
dollars worth of “crank” for “snuffing out a life.” On Thursday, September 4,
Hamilton went to Kenneth’s house to get a sawed-off shotgun, a .32 caliber
revolver, and seven shotgun shells from Kenneth. Hamilton discussed Fran’s
Market, stating that he knew there were two safes there, one in the wall and the
other in the freezer. He left that evening with Barbo, telling Kenneth he was
going to murder Ray and Bryon Schletewitz. The two returned at about 9:45 p.m.,
however, explaining that they had aborted the execution because Barbo objected
to killing a 15-year-old Mexican boy who was also in the store that night. The
next evening Hamilton took thirteen additional shotgun shells and six more
cartridges from Kenneth, and went with Barbo back to Fran’s Market. When they
arrived at 8 p.m., just before closing time, Bryon Schletewitz and employees
Douglas Scott White, Josephine Rocha, and Joe Rios were there. Shortly after
entering, Hamilton brandished the sawed-off shotgun and Barbo produced the .32
caliber revolver. Hamilton led White, Rocha, Rios, and Bryon toward the
stockroom and ordered them to lie on the floor. He told White to get up and walk
to the freezer, warning White he knew there was a safe inside. When White told
Hamilton there was no safe there, Hamilton responded, “Get out ‘Briant.’ ” Bryon
Schletewitz then volunteered, “I am Bryon.” Following Hamilton’s demand, Bryon
gave up his keys and assured Hamilton he would give him all the money he wanted.
While Barbo guarded the other employees, Bryon led Hamilton to the stockroom
where, from seven to twelve inches away, Hamilton fatally shot him in the center
of his forehead with the sawed-off shotgun. Hamilton emerged from the stockroom
and asked White, “Okay, big boy, where’s the safe?” As White responded, “Honest,
there’s no safe,” Hamilton fatally shot him in the neck and chest at point-blank
range. As Josephine Rocha began crying, Hamilton fatally shot her through the
heart, lung, and stomach from five to eight feet away. Meanwhile, Joe Rios had
escaped to the women’s restroom. Hamilton found him, opened the restroom door,
pointed the shotgun at Rios’ face, and shot him from three feet away. Rios,
however, had put his arm up in time to take the blast in the elbow, saving his
life. Assuming that Rios was dead, Hamilton and Barbo fled the store, only to be
spotted by neighbor Jack Abbott, who had come to investigate after hearing the
shots. Barbo retreated back into the store’s restroom, and Hamilton and Abbott
traded fire. Although hit, Abbott managed to shoot Hamilton in the foot as he
ran to his getaway car. Barbo was apprehended by officers at the scene. Hamilton
called Kenneth later that evening, saying he had “lost his kitten” and “things
went wrong at the store.” The two met and exchanged cars. Hamilton next drove to
the Modesto home of Gary Brady, the Folsom inmate who had been paroled one month
before Hamilton. While staying with Brady, Hamilton told him he had “done
robbery” and had “killed three people for Ray.” He had Brady’s wife write to
Allen requesting the money he was owed for the job. The letter, signed
“Country,” gave Brady’s Modesto address as the return address. Shortly
thereafter, police arrested Hamilton for robbing a liquor store across the
street from Brady’s apartment. The police seized from Hamilton an address book
containing a list of names and addresses of the eight people who had testified
against Allen at the 1977 Kitts murder trial — Lee Furrow, Barbara Carrasco,
Benjamin Meyer, Charles Jones, Carl Mayfield, Shirley Doeckel, and Ray and Bryon
Schletewitz. When investigators visited Kenneth Allen’s home, Kathy Allen gave
them Hamilton’s mug shot. After an article about the Fran’s Market triple-murder
appeared in the newspaper, Allen asked fellow inmate Rainier, “Why don’t you
testify against me . . . and see if you can help yourself or get some time off?”
When Rainier responded that he could not do that, Allen patted him on the back
and said, “You wouldn’t want to do that anyway because you do have a lovely
daughter.” Shortly after the Fran’s Market murders, Kenneth was arrested on drug
charges. The police interviewed Kenneth about the murders. A week later, he
contacted the police to offer his testimony in return for protective custody and
his choice of prisons. He eventually entered into a plea agreement in which he
promised to testify “truthfully and completely” in all proceedings against
Hamilton, Barbo, and Allen. In June 1981, Allen was charged in the Fran’s Market
triple-murder and underlying conspiracy. Kenneth testified at Allen’s
preliminary hearing. Allen was charged with murdering Bryon Schletewitz (count
one), Douglas Scott White (count two), and Josephine Rocha (count three), and
conspiring to murder Bryon Schletewitz, Ray Schletewitz, Lee Furrow, Barbara
Carrasco, Benjamin Meyer, Charles Jones, and Carl Mayfield (count four). The
information further alleged eleven special circumstances: five under count one,
three under count two, and three under count three. The jury heard from 58
witnesses over the 23-day guilt phase of Allen’s trial. Although the prosecutor
terminated Kenneth’s plea agreement after discovering Kenneth had written to
Allen promising to change his testimony at trial, Kenneth, stating he wanted to
testify truthfully, and having been fully advised of his rights and the fact
that the previous plea agreement was terminated, testified for the prosecution.
In addition, Allen took the stand in his own defense. He denied any involvement
in the Fran’s Market murders or in the conspiracy to execute the witnesses who
testified against him in his previous trial; however, he admitted on cross
examination that he had told his “good dog” Hamilton to go to Fresno, and that
he wrote all of the letters received into evidence and conceded they referred to
Hamilton’s impending visit to Fresno. Allen confirmed that parts of those
letters referred to Meyer, Mayfield, and Jones, and that a phrase he had used —
“taken care of” — meant “to kill.” He also acknowledged that he had access to
mug shots in Folsom Prison, and admitted talking to Hamilton in the bleachers at
the prison. After being confronted with a tape recording, he admitted ordering
Kathy Allen to call the Schletewitzes to impersonate Mary Sue Kitts, and to
pretend to be the mother of Bryon’s baby so as to induce the family to call off
the Kitts murder investigation. Allen’s testimony also confirmed many of the
details about his former criminal activities and convictions about which Jones,
Mayfield, Furrow, Meyer, Doeckel, and Carrasco had all testified. He denied
planning the Kitts murder, but described how he had helped transport and dispose
of her body. He also described in great detail his formula for executing
“fool-proof” armed robberies of various K-Mart stores, and described in detail
his role in the Tulare K-Mart robbery. Finally, Allen maintained that “when a
guy puts a rat jacket on himself [i.e., becomes a snitch], killing them would do
them a favor.” Allen’s daughter-in-law, Kathy, tried to exculpate Allen and
implicate her husband, Kenneth, as the drug-crazed, hallucinogenic mastermind of
the Fran’s Market murders. She recalled, however, that Kenneth had discussed
getting “guns for witnesses” with his father at Folsom and that Barbo had told
her that she and Hamilton could not leave any witnesses. Kathy admitted that she
had previously testified for Allen, had tried to falsify evidence about the
murders, and had transmitted messages to Hamilton for Allen. Three prison inmate
witnesses, John Frazier, Henry Borbon, and Andrew Thompson testified that
Hamilton, Allen, and Brady could not have met together in the Folsom yard.
Thompson nevertheless admitted that he called Allen “Dad” and would lie to
protect him. Borbon’s testimony was impeached by that of other witnesses. After
three days of deliberation, on August 22, 1982, the jury found Allen guilty as
charged. Allen then admitted that he had previously been convicted of murder,
confirming three of the eleven special circumstance allegations that had been
bifurcated from the trial. Eight days later, the penalty phase began. The
State’s evidence showed that Allen had masterminded eight prior armed robberies:
(1) the August 12, 1974, armed robbery at Safina Jewelry in Fresno, which
yielded $18,000 worth of jewelry; (2) the September 4, 1974, armed robbery of
Don’s Hillside Inn in Porterville in which $3,600 was taken from the safe and
hundreds of dollars in cash and credit cards were taken from patrons at the
scene; (3) the February 12, 1975, residential armed robbery of William and Ruth
Cross, an elderly Fresno couple, in which a coin collection valued at $100,000
was taken; (4) the June 18, 1975, attempted robbery at Wickes Forest Products in
Fresno, resulting in Allen’s arrest; (5) the October 21, 1976, armed robbery at
Skagg’s Drug Store in Bakersfield, in which one of Allen’s associates
accidentally shot himself; (6) the November 20, 1976, armed robbery at a
Sacramento Lucky’s market, in which grocery clerk Lee McBride was shot and
sustained permanent damage to his nervous system; (7) the February 10, 1977,
robbery at a Tulare K-Mart, in which more than $16,000 in cash was taken; and
(8) the March 16, 1977, Visalia K-Mart robbery, during which Larry Green held a
gun to the head of one employee and shot another in the chest, permanently
disabling him. Prosecution evidence also showed that while in the Fresno County
jail on June 27, 1981, Allen called a “death penalty” vote for inmate Glenn
Bell, an accused child molester. According to the evidence, Allen directed an
attack during which inmates scalded Bell with two gallons of hot water, tied him
to the cell bars and beat him about the head and face, and thereafter shot him
with a zip gun and threw razor blades and excrement at him while he huddled in
his blanket in the corner of the cell. The evidence also established that Allen
repeatedly threatened that anyone who “snitched” on the Allen gang would be
“blown away” or killed. Allen had also thwarted prosecution of the attempted
robbery at Wickes Forest Products by threatening the chief prosecution witness
and his family. Allen’s prior convictions of (1) conspiracy, first-degree
murder, first-degree burglary, and (2) first-degree robbery, attempted robbery,
and assault with a deadly weapon were introduced. The parties also stipulated to
the consideration by the jury of the guilt-phase testimony by Ray Schletewitz,
Mayfield, Jones, Furrow, and Meyer concerning (1) the prior conspiracy to murder
and the first degree murder of Mary Sue Kitts; (2) the 1974 robbery at the
Safina Jewelry Store; (3) the 1977 burglary and robbery of the Tulare K-Mart;
and (4) the 1977 assault with a deadly weapon, burglary, conspiracy to commit
robbery, and attempted robbery of the Visalia K-Mart. Allen put on two
witnesses. His former girlfriend, Diane Appleton Harris, testified to his good
character, explaining that Allen had helped her financially both before and
after her marriage to Jerry Harris. Harris further testified that Allen had
helped rush her to the hospital on one occasion, that he was good to children,
and that he wrote poetry. But, Harris admitted that Allen had also threatened to
kill her husband. The second witness, San Quentin inmate John Plemons, testified
that he had instigated the assault on accused child molester Glenn Bell in the
Fresno County jail, and that Allen had nothing to do with it. Plemons’s
testimony was rebutted by Correctional Officer Delma Graves, who testified that
Bell told her immediately after the incident that Allen had instigated the
assault. After deliberating for less than one day, the jury returned a verdict
of death. The trial court denied Allen’s “statutory motion for a new trial” and
sentenced him to death. Hamilton was sentenced to death for the Fran's Market
murders. Barbo received a life sentence. Kenneth Allen was sentenced to life
without possibility of parole for his participation in the triple slaying.
UPDATE: When Allen's execution date was set, a distant relative of Bryon Schletewitz told the
Chico Enterprise-Record that it was a shame the young man's parents, Fran and Ray,
weren't alive to see justice in the killing that she said tore the family apart.
"I just think it's about time they took care of that fellow," said Fran Schletewitz of Fresno. "I guess due justice is coming around." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 19, 2006 |
Texas |
Jason Erie |
Julius
Murphy |
stayed |
|
Christopher Solomon, Julius
Murphy, Javarrow Young, Virginia Marie Wood, and Christina Davis
attended a party at Murphy's mother's home on the afternoon of
September 17, 1997. Young testified that Solomon engaged him in a
conversation about a robbery. Murphy was present during this
conversation but did not talk. Solomon later proceeded to show Young
a pistol from the glove compartment of Wood's car. Solomon then
passed the gun around to several others, including Young and Murphy.
The gun was subsequently returned to Solomon, who pocketed it.
Young, Wood, and Davis all testified that two vehicles of people
traveled together to visit some out-of-town friends. One of the
vehicles, a truck, was driven by Young's girlfriend and contained as
passengers Young, Young's daughter, and a friend named Phil. The
other vehicle, a car, was driven by Solomon and contained as
passengers Murphy, Wood, and Davis. Upon returning from their
out-of-town trip, the two vehicles stopped at a gas station. Young
testified that he conversed with Solomon. Solomon related that he
had seen a man with car trouble on the side of the road, and the man
had waved, indicating he needed assistance. Solomon told Young that
he was going to "jack him" - a statement Young interpreted as
meaning Solomon was going to rob the man on the road. Young declined
to get involved in the robbery but told Solomon "to do what they got
to do, and go." Wood and Davis saw Solomon engage in a conversation
but did not hear what transpired. Young saw Solomon's car stop by
the man's car on the side of the road. Young then drove his truck to
a different gas station and waited. When Solomon's car failed to
appear after twenty to thirty minutes, Young drove his truck towards
town. On the way, he saw the victim, Jason Erie, lying on the
ground. Young flagged down a passing ambulance and directed it to
the scene. Later, he talked to the police. According to Wood and
Davis, Solomon drove Wood's car, Wood sat in the front passenger
seat, Murphy sat behind Solomon, and Davis sat behind Wood. Murphy
and Davis were not getting along because they had been fighting
earlier on the trip. Solomon pointed to the side of the road to
Erie, who was apparently having car trouble. Solomon gave Erie's car
a "jump," and Erie paid Solomon five dollars. According to Davis, as
Erie headed away, Solomon told Murphy that Erie had a lot of money
in his wallet and said something to the effect of "we should jack
him." At first, Murphy resisted the idea, but Solomon goaded Murphy
until he agreed. Murphy then said, "Okay, give me the gun. I'll do
it." Solomon then told Wood to take the gun out, Wood removed the
gun from the glove compartment, and Murphy grabbed the gun.
According to Wood, after Erie paid Solomon five dollars, Murphy told
her to hand him the gun and she complied. Wood heard Solomon tell
Murphy that he should shoot and kill the man because "that's how I
got caught the last time." Davis was not listening to the
conversation but she heard the last phrase "that's how I got caught
the last time." Davis testified that she grabbed Murphy and told him
not to go, but Murphy pushed her away and exited the car. Davis put
her head down and heard a gun fire. After Murphy stepped from his
vehicle armed with the gun, he demanded Erie’s wallet. Initially,
Erie protested and refused to hand over his property. As he finally
began to comply, Murphy fired a single shot from close range into
Jason’s forehead and retrieved the stolen wallet from the spot it
had fallen. It was later discovered along a nearby road where Murphy
told investigators it had been discarded. Erie was alive when rescue
workers arrived, but died a short time later. Murphy and his friends
fled through Arkansas, to Tennessee, and finally ended up in
Arlington, Texas, where they were apprehended by police. Murphy’s
girlfriend, Christina Davis, who was with Murphy throughout the
duration of these events, testified that she had fought with Murphy
on the day prior to the murder in which he struck her several times.
She also explained to the jury how she and Murphy had fought the day
they were arrested and how Murphy continued to hit her and
threatened to shoot her in the leg to keep her from leaving. Wood
saw Murphy shoot the victim and take his wallet. According to Wood,
Solomon and Murphy later bragged about the bullet shell remaining
inside the gun's chamber, and Solomon coldly bragged that he was
going to keep the five dollars given by Erie as a souvenir. Both
Davis and Wood testified that, sometime after the incident with
Erie, Davis ran from the car and contacted the police. Solomon,
Murphy, and Wood were subsequently charged with capital murder.
Solomon and Murphy did not testify. Wood, Davis, and Young all
testified as witnesses for the prosecution. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 19, 2006 |
Ohio |
unnamed victim
Betty Jane Mottinger |
John Spirko |
stayed |
|
John
Spirko was sentenced to die in 1984 for the murder of Elgin
postmaster Betty Jane Mottinger. 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. 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 Betty 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 year, 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. In September, Gov. Bob Taft
delayed Spirko's execution to allow for a second parole board
hearing. Taft ordered the execution delayed from Sept. 20 until Nov.
15 to allow for the hearing. UPDATE: Gov. Bob Taft on Monday delayed
the execution of a condemned killer who says he's innocent, the
second time in two months Taft ordered a delay in a case nagged by
questions over evidence. Taft granted John Spirko a 60-day reprieve
at the request of Attorney General Jim Petro, who says he needs that
long to test several items that Spirko's attorneys want reviewed.
Petro informed Taft and Spirko's attorneys in letters Monday about
his willingness to conduct the testing and his request for the
60-day reprieve. "I am a proponent of DNA technology," Petro said in
the two-page letter to Thomas Hill, a Washington, D.C.-based
attorney representing Spirko. "It is important to accommodate the
use of DNA testing where practical and feasible." Petro, a
Republican running for governor next year, said he does not believe
the testing will be able to prove either Spirko's innocence or his
guilt. "Notwithstanding, I believe that to the extent possible, all
information should be made available for the parties, courts, and
the Governor to use for what purpose they feel necessary," Petro
said. Spirko was scheduled to die by injection Nov. 15 for the 1982
killing of Betty Jane Mottinger, 48, the postmistress in Elgin in
northwest Ohio. She was abducted and repeatedly stabbed, then
wrapped in a tarp and dumped in a field. Her body was found three
weeks later. Spirko, 59, was convicted on the basis of witness'
statements and his own comments to investigators. No physical
evidence linked him to the crime. Authorities say he described
details only someone at the scene of the crime could know. Spirko
says he got the details from media reports and used the information
to make a deal with authorities to gain the release of a girlfriend,
who was held on an unrelated crime. Spirko sued in federal court
last Wednesday to require the testing of the tarp, a cement block
found near Mottinger's body and duct tape wrapped around her, among
other items. On Sept. 8, Taft delayed Spirko's scheduled Sept. 20
execution to look into whether prosecutors presented inaccurate
information at a clemency hearing in August. In response, the Ohio
Parole Board granted an unprecedented second clemency hearing for
Spirko, and on Oct. 19 voted 6-3 to recommend that Taft allow the
execution to proceed. The majority said the claims of new evidence
weren't enough to merit clemency. The delay is encouraging, said
Alvin Dunn, an attorney also representing Spirko. "We're looking
forward to having this completed and believe it will demonstrate
that our client had nothing to do with this crime," Dunn said
Monday. The tarp is important to Spirko's case because of a house
painter who maintains his former boss on a painting crew is the real
killer. The house painter, John Willier, passed a lie detector test
last month as he repeated a 1997 statement accusing his boss, who is
now in a Louisiana prison. Spirko's attorneys say Willier told
investigators in 1984 that the paint-splattered tarp Mottinger's
body was wrapped in was the one his crew was using. Chemical tests
matched the paint to houses the crew worked on. In past court
filings, Spirko's attorneys also questioned prosecutors' attempt to
link Spirko to the crime through a friend. Prosecutors alleged the
friend, Delaney Gibson, was seen near the post office the day
Mottinger was abducted. But Spirko's attorneys say photographs and
other evidence place Gibson with a full beard in North Carolina the
day before. Witnesses say the man they saw at the post office was
clean shaven. Last year, prosecutors dropped death penalty charges
against Gibson in connection with Mottinger's death, saying the case
against Gibson was too old. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 20, 2006 |
North
Carolina |
Jean Ernest
Darter, 92 |
Perrie
Simpson |
executed |
|
Perrie Simpson was
sentenced to death in Rockingham County Superior Court in 1993 for
the murder of Rev. Jean Ernest Darter. Simpson
confessed to the August 27, 1984 murder and robbery of Jean E.
Darter, a ninety-two-year-old retired Baptist minister. Simpson pled
guilty to the first-degree murder of Reverend Darter, robbery with a
dangerous weapon, and conspiracy to commit murder. In the
intervening years, Simpson has received three capital sentencing
proceedings after winning two appeals, and each of the three juries,
after hearing the evidence, has recommended a sentence of death. At
the third capital sentencing proceeding, as in the two previous
proceedings, the State presented evidence that on August 27, 1984,
ninety-two-year-old Reverend Jean E. Darter was murdered in his
Reidsville home. Reverend Darter's daughter Doris testified she
tried to telephone her father the night of his murder but was unable
to reach him. Doris and her husband decided to drive to Reverend
Darter's house, and when they arrived, they noticed that the only
light turned on was in the bathroom. The couple unlocked the back
door and went to the bathroom to see if Reverend Darter had fallen
and hurt himself. He was not in the bathroom. Doris went to her
father's bedroom and saw him lying across the bed. "I knew that he
was dead because he was so still." Her husband turned the bedroom
light on, and what they saw was "so horrible that I seemed not to be
able to see it all collectively. I saw it in bits and pieces." Doris
noticed a strap around her father's neck, "and it was tied to the
bedpost and then I looked at his eyes and by that time I said
'somebody did this to him.'" Because the telephone cords had been
cut, they called the police from a neighbor's telephone. Doris
testified her father was an avid gardener and at the age of
ninety-two, was still very active. He continued to study and still
preached occasionally. "His health was remarkable for his age. His
mind was very alert." Reverend Darter wore glasses and had injured
his back jumping out of a fishing boat a few years before his death.
He wore a back brace to maintain his active life when his back gave
him pain. Detectives responded to the call for help and when they
entered Reverend Darter's house, they observed there were no signs
of forced entry, and that the cords on the telephones in the hall
and in the bedroom had been cut. Mobile Crime Laboratory officers
with the State Bureau of Investigation ("SBI") identified,
collected, and preserved evidence at the murder scene. They
conducted a walk- through of the house to determine the housekeeping
habits of Reverend Darter and to help identify anything out of
place. The inspection revealed that although Reverend Darter kept
the inside of the house neat and clean, in one bedroom, the sheets
and covers were wadded up, the dresser drawers were pulled out, and
the contents dumped onto the floor. He noticed there was a bundle of
knives lying in the kitchen sink, and that both the freezer and
refrigerator doors were cracked open. The food inside was beginning
to thaw. In a room just off of the kitchen was a storage area where
they found a carton of glass Tab bottles; one bottle was missing. In
the bathroom, there was a pack of razor blades in the sink. They
also discovered a writing pad with the names "Lisa Marie Johnson"
and "Curtis Anthony Parker" written on it. In another bedroom, the
investigators testified they saw Reverend Darter lying on the bed,
with his feet on the floor. Two belts were wrapped around Reverend
Darter's neck. The outer belt was the largest and thickest, and it
was tied to the bedpost. The inner belt was broken. Reverend
Darter's face was bloated and bloody. He had glass in his left eye,
and a design composed of many small circles and dots was imprinted
on the Reverend's left cheek. Both of the Reverend's arms were cut
open from his elbows to his wrists. Blood was on the bed and had run
down the side of the bed and formed a puddle on the floor; there was
blood on the walls and window blinds. Also on the bed were the
contents of two dresser drawers, shattered glass, the Reverend's
broken glasses, his false teeth, a razor blade, and the neck of a
glass Tab bottle. Directly under Reverend Darter's elbow was a photo
album entitled, "My Grandchildren." Investigators testified that the
family turned over Reverend Darter's telephone bill. According to
the bill, a long-distance telephone call had been made from Reverend
Darter's house to a telephone in Greensboro on August 26, 1984. They
determined the telephone number belonged to a woman named Ruby.
Detectives visited her and asked if she knew anyone in Reidsville.
She replied that the only person who ever called from Reidsville was
a man named Perrie Dyon Simpson and that he called her when he
wanted to reach his father. Detectives also testified that eight
latent fingerprints found in the Darter house matched Simpson's. The
police learned there was an outstanding warrant for Simpson in
Greensboro for simple assault, so Simpson was arrested on September
21, 1984. Simpson was advised of his Miranda rights and agreed to
talk with officers about the Darter murder. He signed a written
statement to the effect that he had read about the Darter murder but
knew nothing about it. Simpson stated he had never met or seen
Reverend Darter and had never been inside Reverend Darter's house.
Simpson was then transported to Greensboro for a bond hearing on the
assault charge. In Greensboro, police asked Simpson if they could
talk some more about the Darter murder, and Simpson agreed. During
this questioning period, Simpson made a sixteen-page written
statement confessing his involvement in the murder. Simpson
confessed that he and his pregnant, sixteen-year-old girlfriend
Stephanie Eury went for a walk to look for some money. Stephanie
went to the front door of Reverend Darter's house and rang the
doorbell. She told Reverend Darter she was hungry, so he brought her
a diet soft drink and gave Simpson a glass of milk. Stephanie asked
if they could come inside, so the three went into the front living
room. Stephanie told the Reverend that she and Simpson were
traveling to Florida and had gotten stuck in Reidsville. The
Reverend suggested they contact the Salvation Army or the police.
Stephanie asked Darter if he could give them some money, and
Reverend Darter gave her four dollars, explaining that was all the
money he had in cash. Simpson told police that he and Stephanie
"noticed the preacher had a nice home." After getting permission to
use the telephone, Simpson called Ruby Locklear in Greensboro to see
if she had seen Simpson's father. When Simpson got off of the
telephone, he heard Stephanie tell the Reverend her name was "Lisa"
and Simpson's name was "Curtis Anthony." Simpson watched the
Reverend write these names down on a pad of paper. Simpson told the
police that before he and Stephanie left the house, the Reverend
gave them some sponge cake and peaches to take with them. Simpson
admitted that "Reverend Darter was real friendly to us and was very
helpful." The next day Simpson said that he and Stephanie "both
talked about going back to preacher Darter's house to get some
money. Stephanie and I decided we would go back to Darter's house
and we would not come back empty-handed no matter what." Simpson
told police that he and Stephanie walked around outside waiting for
it to get dark. Once it was dark enough, the two walked to Reverend
Darter's house, looking around to make sure no one saw them. They
rang the doorbell, and when Reverend Darter answered the door, they
forced their way inside. Reverend Darter ran to the telephone, but
Simpson "pulled the preacher's hands off the telephone." Simpson
told Stephanie to cut the telephone cords, and in the meantime, he
was "struggling with Preacher Darter holding onto the preacher's
arms to control him and force him back in his bedroom so he would
tell me where some money was." Simpson held the Reverend down on the
bed, with his hands around his neck, telling him he wanted money "or
else," but the Reverend told Simpson he did not have any money. The
Reverend told Simpson that if he was killed, he knew he was going to
heaven. Simpson told the police, "this frustrated me and I grabbed
him tighter around the throat." Simpson reached across the bed and
got a belt and "looped it around his neck and tightened the belt."
While he held the belt tight, Simpson rummaged through two dresser
drawers Stephanie had dumped onto the bed. Not finding anything he
wanted, Simpson drew the "belt more tight around his neck and I told
the preacher he had better tell us where some more money was but the
preacher could not talk because he was choking." When the first belt
broke, Simpson got another, thicker belt "and looped this leather
belt around the preacher's neck and tightened up on this leather
belt. Then I called Stephanie to bring me something in the bedroom
to kill this preacher with." When Simpson did not receive any weapon
to his liking, he called for Stephanie to come and hold the belt
while he "went in the kitchen and looked for some device to beat the
old preacher and finish him off." He picked up a full pop bottle and
then decided to put it back and get an empty bottle. He returned to
the bedroom, pulled tight on the belt, and "hit the old preacher
hard three times with this bottle and on the third blow the soft
drink bottle broke." Simpson then decided to tie the end of the belt
to the bedpost, and he went into the bathroom and got a double-edged
razor blade. "I held this double-edged razor blade between my right
index finger and right thumb and then I sliced the preacher's arms
from the biceps all of the way down the under side of the forearms
to the wrist. I cut both of the preacher's arms." Stephanie gathered
a bag of food, a porcelain lamp, a radio, and boxes of Kleenex and
packed them in a plastic laundry basket. "The last thing we did
before leaving the preacher's house was to turn off all the lights
except the bathroom light." Detectives testified that after Simpson
made his confession, Simpson read the statement out loud checking
for mistakes. When Simpson came to a portion of the statement where
he had used profanity, he laughed. A pathologist who performed an
autopsy on Reverend Darter testified that the Reverend sustained
blunt- trauma injuries to his face causing swelling and bruising.
The bone between the eye socket and the brain was fractured, the
cheek and the jaw bone were broken, and the Reverend's tongue was
torn. Strangulation bruises appeared on the neck. It was the
pathologist's opinion that Reverend Darter died from ligature
strangulation, and that it would have taken several minutes for his
heart to stop beating and that because Reverend Darter sustained
bruising around his face, his heart was still beating when those
injuries were inflicted. In the third sentencing appeal, the Supreme
Court of North Carolina said, Simpson "schemed and plotted his
attack upon an old and defenseless man who had welcomed defendant
into his home and given him food and aid. Defendant lurked outside
the house waiting for night to fall before he forced his way inside
and mercilessly terrorized and tortured a man who only the day
before had tried to help him. Just as the defendant in (a similar
case) this defendant's ability to appreciate the criminality of his
conduct was not found to be impaired. In light of the fact that the
victim befriended the defendant only the day before his murder, and
the utterly brutal manner in which defendant murdered this elderly
man, we find this murder to be even more callous than the murder in
(the other case)." UPDATE: Prior to the execution, Simpson made
this statement: "I want to say I am sorry for what I did. I'm sorry
for the victim and the families. I'm sorry for my family. I'm sorry
for everybody." Murder victim's family statement: "Our
grandfather Jean Earnest Darter was a kind, gentle man who lived his
life in service to others. We, the family, live with the memory of
terror Perrie Simpson inflicted upon Rev. Darter, but we are not
interested in sympathy or being portrayed as victims. Life goes on
and we do our best to make the most of it. Our grandfather would
want it that way. In attending the execution, we are honoring the
wishes and memory of our parents and the life of our grandfather. We
respect the legal decision determined with extreme care by three
sets of jurors in three separate trials. We are thankful for the
dedication of the officers, investigators, attorneys, and other
legal professionals that worked long hours to properly determine
Perrie Simpson's guilt and appropriate sentence. We believe the
death penalty saves lives. Clemson and Emory Universities determined
18 lives are saved as a result of each execution. Other studies
indicate that each death sentence and subsequent execution deters up
to 25 murders annually. We hope coverage of Perrie Simpson's death
sentence and execution will cause others to think about the
consequences of taking a life, respect the law, and increase the
value people place on the life of others. Sincerely, Curtis
Faircloth, Grandson The Family of Jean Earnest Darter |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 24, 2006 |
Florida |
Stephen A. Taylor |
Clarence
Hill
|
stayed |
|
On October 22,
1982, Clarence Hill and Cliff Jackson left Mobile, Alabama, with a
stolen gun in a stolen vehicle. Hill and Jackson drove to Pensacola,
Florida, and proceeded to rob a savings and loan association using
their stolen gun. The police were notified and arrived during the
commission of the felony. Hill ran out of the back door and Jackson
fled from the front. Officers Taylor and Bailey apprehended Jackson
and, as they were attempting to handcuff Jackson, Hill approached
them from behind. Hill shot the law enforcement officers, killing
Taylor and wounding Bailey. A shoot-out followed between Hill and
Bailey. Hill was shot five times and fled the scene, but was
apprehended a short time later. UPDATE: The execution of Clarence
Hill, who murdered a Pensacola police officer 23 years ago, was
delayed Tuesday after the U.S. Supreme Court issued a temporary
stay. Hill, 48, claimed he was mentally retarded and should not be
executed, and he also had challenged the state's use of execution
drugs. It was not clear if the court's last-minute intervention
would only briefly delay Hill's execution, which had been scheduled
for 6 p.m., to give justices additional time to review his stay
requests. Later Tuesday night the Supreme Court rejected one of
Hill's three appeals, but did not act on the remaining two. The
court will not rule until tomorrow," said Robby Cunningham,
spokesman for the Florida Department of Corrections. A total of 29
witnesses gathered at the Florida State Prison, in an observation
room separated from the execution chamber by a window over which a
curtain remained drawn. Some witnesses exchanged notes while
waiting. The witnesses, who included Florida Senate president Tom
Lee and several of the victim's relatives, were sent home after
Justice Anthony M. Kennedy filed paperwork that said Hill's death
sentence would "be stayed pending further order" of the justices.
Hill was scheduled to die for the Oct. 19, 1982, slaying of
Pensacola police officer Stephen Taylor, 26, and the wounding of his
partner, Larry Bailly, when they responded to a silent alarm of a
bank robbery at Freedom Federal Savings Bank. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 25, 2006 |
Texas |
Jose Tovar
Frank Farias, 17
Jessica Quinones, 19
Audrey Brown, 21 |
Marion Dudley |
executed |
|
Marion Butler Dudley, who lived
in Tuscaloosa, Alabama, occasionally traveled to Houston to buy
drugs from Jose Tovar and his wife Rachel. On June 20, 1992, Dudley
and three men drove from Tuscaloosa to Houston. After arriving,
Dudley and one of the men went to the Tovar residence and asked for
three kilograms of cocaine. Rachel Tovar told the men she did not
have the quantity of cocaine they wanted and asked them to come back
later. Dudley and the other men returned to the Tovar residence a
few hours later and the Tovars showed them a kilogram of cocaine.
The men were told more cocaine could be obtained, so the pair left.
At dusk, Dudley, Arthur Brown and Antonio Dunson returned and tied
up Jose Tovar and three other people in the home - Rachel's son,
Frank Farias, 17; Farias's pregnant girlfriend, Jessica Quinones,
19; and neighbor Audrey Brown, 21. Rachel Tovar then entered the
home and was met by Dunson, who led her in at gunpoint with the
other victims. The men then began using strips of bed sheets to tie
up their victims. Nicholas Cortes, a friend of the family, was also
tied up and robbed when he stopped by for a visit. The victims were
tied with their hands behind their backs, and nooses around their
necks, and placed in separate rooms. All six were then shot in the
head. Jose Tovar and Frank Farias were killed. Rachel Tovar and
Nicholas Cortes regained consciousness after a while and found
Jessica Quinones and Audrey Brown still alive. Tovar crawled to a
neighbor's house for help and called police. Jessica Quinones died
before the police arrived. Audrey Brown died later at a hospital.
The killers evaded capture for several months. On August 12, 1992,
Dudley and Dunson were arrested in North Carolina while hiding in a
mobile home. They had $30,000 in cash on them at the time of their
capture. Brown was arrested later in Tuscaloosa. The two surviving
victims identified Dudley as one of their assailants and testified
against him at his trial. One of them testified that minutes before
the six were shot, Dudley told Jose Tovar, "You stupid Mexican, I
never did like you." Prosecutors claimed that the drug buy was a
ruse, and that Dudley's true intention was to eliminate the Tovars
from his drug operation, seeing them as unnecessary middlemen.
Rachel Tovar also said that Dudley told Quinones, "You stupid bi**h,
don't you go into labor on me." At trial, evidence showed that in
January of 1991, Dudley was pulled over for having an expired
license tag and was observed reaching toward the front seat
floorboard where the officer subsequently located a .38 caliber
pistol. The State also produced evidence that Dudley had been
arrested by Tuscaloosa police officers for possession of crack
cocaine and had given a false identity upon that arrest. Several
police officers with the Tuscaloosa Police Department testified that
Dudley’s reputation for being a peaceful and law abiding person was
bad. The State also presented evidence that Dudley had a felony
conviction in Alabama for possession of marijuana, and had attempted
to escape when the officer arrested him. Several witnesses testified
about an incident in which Dudley and a friend, after arguing over
the cost of cocaine which Dudley was selling, drove through a
neighborhood exchanging gunfire between their automobiles. The
superintendent for the Tuscaloosa Board of Education testified that
as a juvenile Dudley was expelled from school because he was
involved in an altercation in which another student was stabbed.
Cecil Hopkins, Dudley’s Tuscaloosa County Juvenile Probation Officer
testified that Dudley was placed on probation for a second-degree
felony of receiving stolen property and that his probation was
revoked for violating curfew. The officer further testified that
Dudley also incurred further violations of probation for the
offenses of burglary of a vehicle, first-degree assault and another
offense of receiving stolen property. Harry McRae, a Tuscaloosa
Sheriff’s Department deputy, testified that Dudley had participated
in a home invasion-type robbery on April 20, 1992, just two months
prior to the 1992 capital murders in Houston. Arthur Brown Jr. was
also convicted of capital murder and sentenced to death. Antonio
Lamone Dunson was convicted of capital murder and given a life
sentence. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
January 27, 2006 |
Indiana |
Tommy Miller, 21
Kimberly Jane Miller, 19 |
Marvin Bieghler |
executed |
|
On December 11, 1981, Kenny
Miller went to visit his 21-year-old brother, Tommy, who lived with
his pregnant 19-year-old wife, Kimberly, in a trailer near the
Howard County town of Russiaville, Indiana, about 10 miles west of
Kokomo. When Kenny arrived, he discovered a gruesome scene: Tommy
and Kimberly had been shot to death, Tommy with six bullets and
Kimberly, who was four weeks pregnant, with three. Marvin Bieghler
was eventually tried, convicted, and sentenced to death for the two
murders in 1983. The federal appeals court referred to the facts of
the crime as senseless. Bieghler was a major drug supplier in
Kokomo. He obtained his drugs in Florida and had others, including
Tommy Miller, distribute them in the Kokomo area. Several witnesses,
including a Bieghler bodyguard, testified that prior to the murders,
someone within Bieghler’s drug-dealing operation gave information to
the police which led to the arrest of a distributor and the
confiscation of some dope. An incensed Bieghler declared repeatedly
that when he found out who blew the whistle, he would “blow away”
the informant. Eventually, Bieghler began to suspect that Tommy
Miller was the snitch: he told associates that he was going to get
him. A major portion of the State’s case rested on the testimony of
the bodyguard, who was not prosecuted for his role in the events.
According to that testimony, Bieghler and the bodyguard spent the
day of the murders drinking beer and getting high on marijuana.
During the evening, Bieghler spoke of getting Tommy Miller. Around
10:30 or 11:00 p.m. they left a tavern and drove to Tommy’s trailer.
Bieghler got out of the car and went inside carrying an automatic
pistol. The bodyguard followed and saw Bieghler pointing the weapon
into a room. Bieghler and Brook then ran back to the car and drove
away. Later that night, a distraught Bieghler tearfully announced
that he was leaving for Florida. Tommy’s and Kimberly’s
bullet-ridden bodies were discovered the next morning. Police
learned that nine shell casings found at the murder scene matched
casings from a remote rural location where Bieghler fired his pistol
during target practice. At trial, an expert testified that the two
sets of casings were fired from the same gun. Tommy Miller's mother,
Priscilla Hodges of Kokomo, traveled to the prison but was not
allowed under state law to witness the execution. She said afterward
she felt some sense of relief but that the execution did not bring
her any closure. "I hope he was right with the Lord," she said of
Bieghler. "I hope he is with the Lord right now." |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| January
31, 2006 |
Florida |
Stella Salamon, 63
|
Arthur Rutherford
|
stayed |
|
Arthur Rutherford killed Stella
Salamon when she refused to write him a second check to correct a problem with
doors he had installed. Her body was found submerged in a bathtub. Arthur
Rutherford was convicted and sentenced to death for the murder and armed robbery
of Stella Salamon, for whom Rutherford had worked. On 08/22/85, Arthur
Rutherford physically attacked 63-year-old Stella Salamon and then submerged her
head under water in the bathtub. Stella’s body had been bludgeoned; her left arm
was broken at the elbow and the upper part of the arm was bruised, there were
bruises on her face and cuts on her lip, and there were three severe wounds on
her head. Two of these injuries were consistent with having been made by a blunt
instrument or by her head being struck against a flat surface; another was a
puncture wound made by a sharp object; and all were associated with skull
fracture. Drowning or asphyxiation were determined as the cause of Stella’s
death. Two female witnesses testified that Arthur Rutherford asked for their
assistance in cashing a $2,000 check from Stella’s bank account. Rutherford
forged Stella's signature on the check. He took one of the women to a bank where
she cashed the check. A third witness who had helped Rutherford when he worked
for Stella testified that Rutherford had told him how easy it would be to kill
Stella by drowning her in the bathtub and forge a check from her account. At the
time, the man thought that Rutherford was joking. Two witnesses testified that,
on the day before her murder, the victim told them that she was fearful of
Rutherford and "wished he would stop coming by her house." The police found
Rutherford’s fingerprints and palm prints in the bathroom where Stella was
killed. Beverly Elkins, a neighbor who discovered Stella's body in the bathtub,
she says Rutherford should have been executed long ago. "It would help bring
closure. He really needs to pay for that crime. It was just a gruesome,
premeditated murder that there was no justification for at all." UPDATE:
The US Supreme Court stayed the execution of convicted killer Arthur Rutherford
following a new challenge on whether lethal injections are inhumane. The stay is
pending the outcome of a decision in the Clarence Hill case, another murderer
whose execution was stopped last week. Hill's lawyers argued that the chemicals
Florida uses in lethal injections cause pain and therefore constitute cruel and
unusual punishment which is forbidden by the US Constitution. The Supreme Court
will not rule on the cruel and unusual aspect of the appeal, just on whether
Hill can challenge the use of the chemicals. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| January
31, 2006 |
Texas |
Juan Saenz Guajardo
Marcos Sanchez Vasquez |
Jaime Elizalde, Jr. |
executed |
|
Jaime Elizalde, Jr. was paroled
from prison approximately 8 months before he was involved in the murder of two
men outside a Houston nightclub. Elizalde had served almost 4 years of a 10 year
sentence for possession of cocaine and car theft. On November 1, 1994, Elizalde
was at a nightclub with his father when the two men got into a confrontation
with Juan Guajardo and Marcos Vasquez. Four days later, the father and son
returned to the bar and sat on opposite sides of the room. Jaime Elizalde, Sr.
gestured to the two men to follow him outside of the El Lugar bar, where
Elizalde Jr. was waiting for them. He pulled a gun and shot both men to death. A
witness testified that from the bar he saw Guajado as he was shot. He further
testified that, although he did not see the killer shoot Guajado, when he exited
the bar he saw Elizalde flee with a gun. Elizalde was arrested a few months
later in a drug bust. While incarcerated, Elizalde was a leader of the Mexican
Mafia, a dangerous prison gang. Prosecutor Terrance Windham told the jury that
Elizaldle stabbed someone in prison and assaulted guards; he added that the
defendant had numerous chances to change his life, but failed to do so, adding
that "the system tried to rehabilitate him, but he kept getting worse."
Authorities suspect that the defendant's father is hiding in Mexico. Defense
attorneys had asked the jury to show mercy for their client because of his age,
but that plea went unheeded. After convicting Elizalde for capital murder, in
less than 1 hour the jury decided that Elizalde Jr., 25, would be a threat to
society and sent him to death row for the slayings of Juan Saenz Guajardo and
Marcos Sanchez Vasquez. After the judge read the sentence, the defendant smiled
and patted one of his attorneys on the back. In October of 2005, the Harris County District
Attorney's Office asked the court to postpone the execution that was set for
November 2 so prosecutors could bring him to Houston to question him
about a separate murder case. Assistant District Attorney Jack Roady said, "We
are still conducting our investigation," and added that his office
wants to question Elizalde in open court. Elizalde is on death row for the Nov.
5, 1994, shooting deaths of two men. He claims he did not commit that crime, and
his attorney argues in a clemency appeal before the governor and state parole
officials that another man, Albert Guajardo, was the real killer. Guajardo was
slain in 1995, and another man is serving a life sentence for that murder. Elizalde claimed in a sworn statement
that he strangled Guajardo with a nylon rope, hit him on the head several times
with a blackjack and slit his throat with a hunting knife. Guajardo's body was
found wrapped in a carpet in northeast Harris County. Elizalde said he killed
Guajardo because he stole drugs and "paperwork" from him. Another man, Hermilio Herrero,
Jr. was convicted of killing Guajardo several years ago. The state's case
against Herrero was based
largely on the testimony - several years after the slaying - of two prison inmates
who claimed Herrero bragged to them about killing Guajardo while he was serving
time in a Beaumont federal prison. UPDATE: Jaime Elizalde Jr. was put to death
for the 1994 shooting deaths of two men outside an eastside Houston cantina.
Neither Elizalde's nor the victims' families witnessed the execution. Present
were Elizalde's friends and a girlfriend from Germany and a spiritual adviser
who remained silent during the execution. Elizalde did not express remorse
before being executed. |
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