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Three killers were executed in
April 2007. They had murdered at least 7 people.
Two
killers were given a stay in April 2007.
They have murdered at least 3 people.
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| April
11, 2007 |
Texas |
Shari Catherine "Cari" Crews, 17
Jesus Garcia, 16 |
James Clark |
executed |
|
 In
the early morning of June 7, 1993, James Lee Clark and James Brown arrived at a
Texaco store in Denton, Texas, and asked the store clerk to call an ambulance
for Brown who had suffered a gunshot wound. Subsequent investigation revealed
that Brown accidentally shot himself in the leg at point blank range with a
shotgun while he and Clark were assaulting Shari Catherine "Cari" Crews, 17, and
Jesus Garza, 16, at Clear Creek. Police recovered both bodies from the creek and
determined that Crews had been sexually assaulted by Clark, as verified by DNA
evidence, and then killed with a single shotgun wound (a contact wound) to the
back of the head. Garza also died from a single shotgun wound, but it was to the
left side of his chin or jaw. Powder residue revealed a short muzzle-to-wound
distance, but it was not a contact wound. Police also recovered a 12-gauge
double barrel shotgun and a .22-caliber rifle from the crime scene. Further
investigation revealed that Clark and Brown, both parolees, stole the shotgun
and rifle in car burglaries on June 4, 1993. The stock of the rifle had been
shortened and police found the sawed off portion while searching Clark's
residence; the stock of the shotgun was cracked. The search of Clark's residence
also produced tennis shoes splattered with the blood of Brown, Crews, and Garza.
During interrogation, Clark stated that Brown instigated the incident; shot
himself while using the shotgun as a bludgeon to strike Garza in the head; and,
after suffering the severe gunshot wound to the leg, shot and killed both
victims. Brown contended that Clark killed both victims. Clark was indicted on
the charge of capital murder arising out of the June 7, 1993, robbery, sexual
assault, and death of Crews. Clark was convicted of the capital murder on April
29, 1994, and he was sentenced to death on May 3, 1994. UPDATE: Ten years after
the murders of two high school students, their killer is pretending to be
mentally retarded to avoid execution, prosecutors argued during a hearing in
September of 2003. But defense attorneys said the man, James Lee Clark, is
impaired and should be spared because the U.S. Supreme Court has ruled that
executing the mentally retarded is cruel and unusual. State District Judge Lee
Gabriel has about two months to rule on whether Clark is mentally retarded. This
hearing was a continuation of one that began in August. Clark was sentenced to
death for killing Catherine "Cari" Crews in 1993. Crews, 17, and a friend,
16-year-old Jesus Gilberto Garza, were robbed and killed with a shotgun. Their
bodies were dumped in a creek north of Denton. Crews was sexually assaulted.
Clark was convicted of capital murder and sentenced to die. An accomplice, James
Richard Brown, was sentenced to 20 years for robbery. Assistant District
Attorney Vicki Foster, who tried Clark's original case, said Clark has changed
his behavior. "This isn't him. During the original trial, he participated, he
made wisecracks," she said. Clark was scheduled to die in November 2002, but the
Texas Court of Criminal Appeals issued a stay two days before his execution. The
courts define mental retardation as having an IQ below 70. Clark's IQ was 74
when he was sent to the Texas Youth Commission after a juvenile conviction in
1983. Two other tests showed Clark's IQ at 65 and 68. Thomas Allen, a
psychologist for the prosecution, said he believes Clark was deliberately
getting answers wrong on those tests. Clark reached the equivalent of the 12th
grade at the Gainesville State School, completed a GED and took a community
college welding class, testimony showed. George C. Denkowski, a psychologist for
the defense, questioned Allen's findings. Allen interviewed Clark for only two
hours and 16 minutes and never performed any tests to prove whether Clark was
malingering, Denkowski said. Clark's cell on Death Row contained copies of
newspaper articles, crossword puzzles and two novels: A Tale of Two Cities and
Lord Jim. But none of the crosswords had been completed, and his attorneys said
outside the courtroom that he never read the books. A few members of Garza's
family and a friend of the Crews family were in the courtroom Monday. Clark
sported horn-rimmed glasses and a shaven head. He spent most of his time looking
down at the defense table. Occasionally, his head twitched, and he appeared to
mumble to himself. UPDATE: In November of 2003, a judge ruled that even if the
man who killed a 17-year-old Denton high school student 10 years ago is mildly
retarded, he is not so impaired that he can be exempted from the death penalty.
James Lee Clark also cannot be classified as mentally retarded because he fails
to meet the criteria of the definition set in the Texas Health and Safety Code,
367th state District Judge Lee Gabriel states in her ruling. The decision will
now be reviewed by the Texas Court of Criminal Appeals. Attorneys for Clark had
cited a U.S. Supreme Court ruling that bars execution of the mentally retarded.
That ruling came down in June 2002, before Clark was to be executed in November
2002 for killing Catherine "Cari" Crews, a Ryan High School student. The Texas
Court of Criminal Appeals granted Clark a stay of execution in November 2002
after he and his attorneys invoked the Supreme Court ruling. The bodies of Crews
and 16-year-old Jesus Gilberto Garza, a classmate and acquaintance, were found
in a creek north of Denton with shotgun wounds to the head. Both were robbed and
shot the night of June 7, 1993. Clark, who had not previously claimed to be
mentally retarded, was arrested in connection with the fatal shootings while on
parole after serving less than a year of a 10-year term for burglary in Dallas
County. An accomplice in the murders, James Richard Brown, received a 20-year
prison sentence for robbery. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| April
11, 2007 |
Tennessee |
Charisse Christopher, 28
Lacie Christopher, 2 |
Pervis Payne |
stayed |
|
Charisse Christopher, age
twenty-eight, lived with her two children, Nicholas, age three and one-half, and
Lacie, age two and one half, in the Hiwassee Apartments in Millington. Pervis T.
Payne’s girlfriend lived in the apartment across the hall from Charisse
Christopher’s apartment, and the apartment complex's resident manager lived in
the downstairs unit directly below the Christophers.
The building in which the Christophers resided
consisted of four units, two upstairs and two downstairs. Each of the upstairs
apartments had back doors in the kitchen that led to an open porch overlooking
the back yard. In the center of the porch was a metal stairway leading to the
ground. There was also an inside stairway leading to the ground floor hallway
and front entrance to the four-unit building. On June 27,
1987, Payne visited his girlfriend’s apartment several times in anticipation of
their plans to spend the weekend together. However, he found no one at home. On
one visit, he left his overnight bag and three cans of Colt 45 malt liquor near
the entrance of her apartment. While waiting for his girlfriend to return, Payne
passed the morning and early afternoon injecting cocaine and drinking beer.
Later, he and a friend cruised around the area looking at a magazine containing
sexually explicit material. At approximately 3:00 p.m., Payne returned to the
Hiwassee Apartment complex and entered Charisse Christopher's apartment. At the
same time, the manager heard Charisse screaming, “get out, get out.” The noise
briefly subsided and then began, “horribly loud.” The manager called the police
after she heard a “blood curdling scream” from the Christophers’ apartment. A
police unit was immediately dispatched to the Hiwassee Apartments. Meanwhile,
although the manager noted that the shouting, screaming, and running upstairs
had stopped, she heard footsteps go into the bathroom, the faucet turned on, and
the sound of someone washing up. The first police officer arrived at the
apartments within minutes of the radio dispatch. Upon arrival, he observed a
black man on the second floor landing pick up an object and come down the
stairs. The officer encountered Payne as he was leaving the apartment building.
He noted that Payne had “blood all over him. It looked like he was sweating
blood.” The officer confronted Payne, who responded, “I’m the complainant.” When
the officer asked “What’s going on up there?” Payne struck the officer with the
overnight bag, dropped his tennis shoes and started running. The officer pursued
him, but Payne outdistanced him and disappeared into another apartment complex.
Inside the Christophers’ apartment, the police encountered a horrifying scene.
Blood covered the walls and floor throughout the unit. Charisse and her two
children were discovered lying on the kitchen floor. Nicholas, despite abdominal
stab wounds that completely penetrated his body, was still breathing. Charisse
and Lacie were dead. Charisse Christopher had sustained forty-two direct knife
wounds and forty-two defensive wounds on her arms and hands. The wounds were
caused by forty-one separate thrusts of a butcher knife. None of the eighty-four
wounds inflicted were individually fatal; rather, the cause of death was most
likely bleeding from all of the wounds. The body of Charisse was found lying on
her back with her legs fully extended. Her shorts were pushed up on her legs and
a used tampon was found beside the victim’s lifeless body. Lacie’s body was on
the kitchen floor near her mother. She had suffered nine stab wounds to the
chest, abdomen, back, and head. One of the wounds cut the aorta and would have
been rapidly fatal. The murder weapon, a butcher knife, was found at her feet.
Payne’s baseball cap was recovered from Lacie’s forearm - her hand and forearm
sticking through the opening between the adjustment strap and the cap material.
Three cans of Colt 45 malt liquor, bearing Payne’s fingerprints, were found on a
small table in the living room. A fourth empty beer can was on the landing
outside the apartment door. Payne’s fingerprints were also found on the
telephone and counter in the Christophers’ kitchen. Payne was apprehended later
that day hiding in the attic of the home of a former girlfriend. As he descended
the stairs of the attic, he stated, “Man, I ain’t killed no woman.” One of the
arresting officers remarked that Payne had a “wild look about him. His pupils
were contracted. He was foaming at the mouth, saliva. He appeared to be very
nervous. He was breathing real rapid.” Payne had blood on his body and clothes
and several scratches across his chest. He also was wearing a gold Helbrose
wristwatch that had bloodstains on it. It was later determined that the blood
types found on Payne’s clothing matched the victims’ blood types. A search of
his pockets revealed a packet containing cocaine residue, a hypodermic syringe
wrapper, and a cap from a hypodermic syringe. His overnight bag, which was found
in a nearby dumpster, contained a bloody white shirt. A woman who was visiting
her sister in the same apartment complex that Saturday afternoon was sunbathing
in the back yard and heard a noise like a person moaning coming from the
Christophers’ apartment followed by the back door slamming three or four times,
“but it didn’t want to shut. And this hand, a dark-colored hand with a gold
watch, kept trying to shut that back door.” The medical examiner testified that
Charisse was menstruating and a specimen from her vagina tested positive for
acid phosphatase. He said that result was consistent with the presence of semen,
but not conclusive, absent sperm, and no sperm was found. At trial, Payne took
the stand on his own behalf. He testified that he did not harm any of the
Christophers. Rather, he asserted that another man had raced by him as he was
walking up the stairs. When he reached the landing, he heard a baby crying and a
faint call for help and saw the door was ajar. He stated that, motivated by
curiosity, he announced that he was coming in, and entered the apartment. He
described what he saw as follows: I saw the worst thing I ever saw in my life
and like my breath just had--had tooken--just took out of me. . . . she was
looking at me. She had the knife in her throat with her hand on the knife like
she had been trying to get it out and her mouth was just moving but words had
faded away. And I didn’t know what to do. He explained that he got blood on his
clothes and his person when he pulled the knife out of Charisse’s neck and . . .
“she reached up and grabbed me and hold me . . .” Payne panicked and fled when
he heard the police sirens. During the State’s cross-examination, Payne made the
following admission: Q. Can you explain why there’s bloodstains on your left
leg? A. Left leg? Q. Yes, sir. A. Evidently it probably came--had to come from
when she--when she hit the wall. When she reached up and grabbed me. Q. When she
hit the wall? A. When she--when she hit--when she hit when I got ready to run
up--when I got ready to vomit. Q. When she hit the wall she got blood on you? A.
When she splashed. It was blood--a lot of blood on the floor. Q. She got blood
on you when she hit the wall. Is that what you said? A. She hit against the wall
when she fell back. Q. Is that what you said, sir, that she got blood on you
when she hit the wall? A. I didn’t say she got blood on me when she hit the
wall. Q. Isn’t that what you said just a moment ago, sir? A. That ain’t--that’s
not what I said. The jury returned guilty verdicts against Payne on all counts.
During the sentencing phase of the trial, Payne presented the testimony of four
witnesses. Payne's girlfriend testified that she met Payne at church and stated
that he was a very caring person, and that he devoted much time and attention to
her three children. She said that her three children had come to love him very
much. She asserted that Payne did not drink, nor did he use drugs, and that it
was inconsistent with Payne’s character to have committed these crimes. A
clinical psychologist testified that Payne’s IQ scores were verbal IQ 78 and
performance IQ 82. Historically, the “mental retardation” score is considered
75. Based upon these scores, the doctor found Payne “mentally handicapped,” but
not “retarded.” He also stated that Payne was the most polite prisoner he had
ever met. Payne’s parents testified that their son, who was twenty years old,
had no prior criminal record and had never been arrested. They also stated that
Payne had no history of alcohol or drug abuse, he worked with his father as a
painter, he was good with children, and he was a good son. The State presented
the testimony of Charisse Christopher’s mother, who related the emotional trauma
that the double murders had on Nicholas and how he continues to cry for his
mother and sister. The jury found, as to both the murder of Charisse Christopher
and Lacie Christopher, that Payne knowingly created a great risk of death to two
or more persons other than the victim murdered during his act of murder and that
the murder was especially heinous, atrocious, or cruel in that it involved
torture or depravity of mind. As to the murder of Lacie Christopher, the jury
found that the murder was committed against a person less than twelve years of
age and Payne was eighteen years of age or older. Finding no mitigating
circumstances sufficiently substantial to outweigh the statutory aggravating
circumstances, the jury sentenced Payne to death on each of the murder counts. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| April
16, 2007 |
Federal |
Lisa Rene, 16 |
Bruce Webster |
stayed |
|
In 1996, a federal jury convicted
Webster of three offenses—kidnapping resulting in death, conspiring to kidnap,
and using and carrying a firearm during a crime of violence— for his role in the
shocking and exceedingly brutal kidnapping, rape, and murder of sixteen-year-old
Lisa Rene. Bruce Webster, Orlando Hall, and Marvin Holloway ran a marijuana
trafficking enterprise in Pine Bluff, Arkansas. They purchased marijuana in
varying amounts in the Dallas/Fort Worth area with the assistance of Steven
Beckley, who lived in Irving, Texas. The marijuana was transported, typically by
Beckley, to Arkansas and stored in Holloway's house. On September 21, 1994,
Holloway drove Hall from Pine Bluff to the airport in Little Rock, and Hall took
a flight to Dallas to engage in a drug transaction. Beckley and Hall's brother,
Demetrius Hall, picked up Hall at the airport. Later that day, Hall and Beckley
met two local drug dealers, Stanfield Vitalis and Neil Rene, at a car wash and
gave them $4700 for the purchase of marijuana. Later that day, Beckley and D.
Hall returned to the car wash to pick up the marijuana, but Vitalis and N. Rene
never appeared. When Hall got in touch with Vitalis and N. Rene by telephone,
they claimed they had been robbed of the $4700. Using the telephone number that
Beckley had dialed to contact Vitalis and N. Rene, Hall procured an address at
the Polo Run Apartments in Arlington, Texas, from a friend who worked for the
telephone company. Hall, D. Hall, and Beckley began conducting surveillance at
the address and saw Vitalis and N. Rene exit an apartment and approach the same
car they had driven to the car wash, which they claimed was stolen from them
along with the $4700. Hall therefore deduced that Vitalis and N. Rene had lied
to him about having been robbed. On September 24, Hall contacted Holloway and
had him drive Webster to the Little Rock airport. From there, Webster flew to
Dallas. That evening, Hall, D. Hall, Beckley, and Webster returned to the Polo
Run Apartments in a Cadillac owned by Cassandra Ross, Hall's sister. Hall and
Webster were armed with handguns, D. Hall carried a small souvenir baseball bat,
and Beckley had duct tape and a jug of gasoline. They approached the apartment
from which they had previously seen Vitalis and Neil Rene leave. Webster and D.
Hall went to the front door and knocked. The occupant, Lisa Rene, Neil Rene's
sixteen-year-old sister, refused to let them in and called her sister and the
police emergency phone number. After Webster unsuccessfully attempted to kick in
the door, he and D. Hall looked through a sliding glass door on the patio and
saw that Lisa Rene was on the telephone. On the tape recording of the 911 call,
Lisa is heard saying, "They're trying to break down my door! Hurry up!" The a
muffled scream is heard just seconds later, and a man says, "Who you on
the phone with?" before the line goes dead. D. Hall shattered the door with the
bat; Webster entered the apartment, tackled Lisa Rene, and dragged her to the
car. Hall and Beckley had returned to the car when they heard the sound of
breaking glass. Webster forced Lisa Rene onto the floorboard of the car, and the
group drove to Ross's apartment in Irving. Once there, they exited the Cadillac
and forced Lisa Rene into the back seat of Beckley's car; Hall climbed into the
back seat as well. With Beckley at the wheel and Webster in the front passenger
seat, they drove around looking for a secluded spot. During the drive, Hall
raped Lisa Rene and forced her to perform fellatio on him. Unable to find a spot
to their liking, they eventually returned to Ross's apartment. From there,
Beckley, D. Hall, and Webster drove Lisa Rene to Pine Bluff. Hall remained in
Irving and flew back to Arkansas the next day. En route to Pine Bluff, Webster
and D. Hall took turns raping Lisa Rene. Once Beckley, D. Hall and Webster
reached Pine Bluff, they obtained money from Holloway to get a motel room. In
the room, they tied Lisa Rene to a chair and raped her repeatedly. Hall and
Holloway arrived at the motel room on the morning of September 25. They went
into the bathroom with Lisa Rene for approximately fifteen to twenty minutes.
When Hall and Holloway came out of the bathroom, Hall told Beckley, "She know
too much." Hall, Holloway, and Webster then left the motel. Later that
afternoon, Webster and Hall went to Byrd Lake Park and dug a grave. That same
evening, Webster, Hall, and Beckley took Lisa Rene to the park but could not
find the grave site in the dark, so they returned to the motel room. In the
early morning of September 26, Beckley and D. Hall moved Lisa Rene to another
motel because they believed the security guard at the first motel was growing
suspicious. The same morning, Webster, Hall, and Beckley again drove Lisa Rene
to Byrd Lake Park. They covered her eyes with a mask. Hall and Webster led the
way to the grave site, with Beckley guiding Lisa Rene by the shoulders. At the
grave site, Hall turned Lisa Rene's back toward the grave, placed a sheet over
her head, and hit her in the head with a shovel. Lisa Rene screamed and started
running. Beckley grabbed her, and they both fell down. Beckley hit her in the
head twice with the shovel and handed it to Hall. Webster and Hall began taking
turns hitting her with the shovel. Webster then gagged her and dragged her into
the grave. He stripped her, covered her with gasoline, and shoveled dirt back
into the grave. When buried, Lisa Rene, although unconscious, likely was still
breathing. Hall, Beckley, and Webster then returned to the motel and picked up
D. Hall. Based on information from the victim's brothers, D. Hall was arrested;
Hall and Beckley subsequently surrendered to the police. On September 29, just
after turning himself in, Beckley gave a confession to a police detective and an
FBI agent in which he admitted to the kidnapping of Lisa Rene and implicated
himself, Hall, and an individual known as "B-Love." Beckley stated that he had
last seen Lisa Rene at the Pine Bluff Motel with B-Love. A security guard at the
motel informed the agents and officers that Bruce Webster went by the name
B-Love, and provided a description of Webster and his vehicle. When Webster
pulled into the motel parking lot during the early morning of September 30, he
was detained and subsequently arrested. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
April 17, 2007 |
Ohio |
Betty Jane
Mottinger, 48 |
John Spirko |
stayed |
|
John
Spirko was sentenced to die in 1984 for the murder of Elgin
postmaster Betty Jane Mottinger. Spirko 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
Betty’s body; 2) a description of Betty Mottinger’s
clothing; 3) knowledge that a stone had been pried from a
ring worn by Betty Mottinger; 4) a description of the ring;
5) the type of shroud and specific method used to enwrap
Betty Mottinger’s body after her death; 6) a description of
Betty 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
Spirko’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 2005, 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. In
November 2005, Taft granted John Spirko a 60-day reprieve at
the request of Attorney General Jim Petro, who said he
needed that long to test several items that Spirko's
attorneys wanted reviewed. Spirko received another execution
date in January 2006 and in November 2006, and both times
received a stay. |
|
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| April
18, 2007 |
Texas |
Brandon Baugh, 3 mos |
Cathy Henderson |
stayed |
|
On the morning of January
21, 1994,
the Baughs left their three-and-one-half month old son, Brandon (the child),
with Cathy Lynn Henderson. Later that day, the child received massive head
trauma, causing his death. Soon thereafter, on 23 and 25 January, respectively,
state and federal warrants were issued against Henderson for the felony offense
of kidnapping. Approximately a week later, on 1 February, the FBI arrested
Henderson in Kansas City, Missouri. During her interrogation by the FBI,
Henderson initially denied knowledge of the child’s whereabouts and stated she
had left him with his grandmother; then, she offered to provide information
about the child in exchange for an agreement that she remain in Missouri. The
agent advised that he did not have authority to negotiate such an agreement but
that those who did would need information on which to base their decision.
Henderson soon confessed to killing the child, claiming it was an accident, and
to burying him in a wooded area near Waco, Texas. When the agent asked Henderson
to draw a map to the burial site, she refused. After the agent reduced
Henderson’s comments to writing, she refused to sign the statement and requested
a lawyer. Later that day, Henderson met with an assistant federal public
defender (AFPD) in Kansas City, and also with the chief investigator for the
federal public defender’s ofice. Concluding that he needed a Texas map to
facilitate Henderson’s cooperation with authorities’ efforts to locate the
child, the AFPD obtained a map and asked Henderson to draw a map to the burial
site. At some point, Henderson did so. After his interview with Henderson, the
AFPD met with several persons in law enforcement, including an Assistant United
States Attorney (AUSA), and an FBI agent. The AFPD opined that the child was
dead. In addition, agents testified at trial that: the AFPD told them Henderson
had drawn a detailed map to the burial site and he could find it using the map.
The AFPD denies making these statements or ever giving the agents any indication
of any map’s existence. In any event, an FBI agent and the AUSA formed the
subjective belief that any map was made with the intent of aiding law
enforcement. The next day, February 2, the AFPD faxed maps prepared by Henderson
to Nona Byington, Henderson’s counsel in Texas, where the case was being
investigated by the Travis County Sheriff. Law enforcement officers, who had
learned from the AFPD that he intended to send materials to Byington, contacted
her and requested the maps. After she attempted unsuccessfully to negotiate a
plea agreement in exchange for the maps, she refused to provide any in her
possession. Because of her refusal, the Sheriff publicly accused Byington of
being an accomplice in an ongoing crime. (Byington’s subsequent defamation
action against Sheriff Keel was settled.) On February 3, another Texas lawyer
was appointed to represent Henderson on state kidnapping charges. That same day,
a Travis County grand jury issued a subpoena for Byington to appear with any
maps. She refused, claiming attorney-client privilege. An arrest warrant was
issued for Byington, as well as a search warrant for her automobile and house.
The arrest warrant was soon withdrawn. Authorities executed the search warrant
but did not find any maps. Earlier, on February 2, Henderson (who waived
extradition) had been returned to Texas. While in custody there, Henderson was
placed in solitary confinement under “firewatch”, a procedure whereby inmates
monitor another inmate for safety reasons. During “firewatch”, between 5 and 8
February, Henderson befriended an inmate. The other inmate communicated with
Henderson on numerous occasions (correspondence primarily and a few
conversations). She provided the correspondence to the correctional authorities,
as well as recounting the conversations. In these communications, Henderson gave
conflicting statements concerning the child’s location. On the one hand, she
told the woman that she could draw a map to where the child was dropped off in
Missouri; on the other, that the child was with his grandmother in Oklahoma. On
February 7, after a grand jury issued another subpoena for any maps, the State
moved to compel their production. Following a hearing on that motion (map
hearing), at which Henderson’s counsel and Nona Byington, as well as Byington’s
counsel, were present, but Henderson was not, the state court held: an
attorney-client relationship existed between Henderson and Byington; but,
any maps were not privileged because they were made with the intent to aid law
enforcement. Upon being ordered to produce any maps in her possession, Byington
produced two. Using the maps, authorities found the burial site. Henderson was
charged on February 9, and indicted on April 22, for the capital murder of the
child. On May 17, 1995, Henderson was found guilty of the capital murder of a
child under age six. After the jury found no mitigating factors to warrant a
life sentence, Henderson was sentenced to death on May 30, 1995. Brandon's
parents, Eryn and Melissa Baugh, plan to witness Henderson's execution. There
are still appeals pending in this case and the execution is not expected to take
place on this date. UPDATE: A Texas judge delayed until June 13 the scheduled
April 18 execution of a babysitter convicted of killing a 3-month-old baby. The
judge granted the delay so attorneys for Cathy Lynn Henderson would have more
time to pursue an appeal based on what they maintain is new evidence. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
April 24, 2007
|
Ohio |
Lisa Huff Filiaggi |
James Filiaggi |
executed |
|
James
Filiaggi and Lisa Huff married in December 1991. There were two
daughters born during the marriage. Lisa filed for divorce in August
1992, and the divorce was granted in February 1993. Lisa received
custody of the children, although Filiaggi had visitation rights.
Filiaggi was required to pay child support. Relations between
Filiaggi and Lisa were strained. In the spring of 1993, Lisa and the
two children moved into the home of Eric Beiswenger. In the fall of
1993, Lisa and Eric became engaged, and shortly thereafter, became
the victims of telephone harassment and vandalism. Eric and Lisa
suspected that Filiaggi was responsible for the acts, and set up
video cameras hoping to capture him on tape. Lisa also carried a
tape recorder with her.
In the fall of 1993, Lisa and Eric recorded a phone conversation in
which Filiaggi told Lisa that there are going to be "more headaches
and heartaches if she tries to get more money out of him." Lisa
Filiaggi had wondered aloud to her family about when authorities
would take her complaints seriously. "What's it going to take?" she
asked her sister. "One of us dead?" The 27-year-old mother of two
tried for months to stop an obsessive ex-husband from harassing her.
She told police that he sprayed tear gas on her car and threw a can
of motor oil and rocks through her front window. But there was never
enough evidence to prosecute. On
December 19, 1993, Lisa and Eric went to the home of Filiaggi’s
parents to pick up the children after a visit. Lisa carried a tape
recorder in her pocket, which recorded the incident. Filiaggi and
Lisa were arguing while Filiaggi put one child in a car seat in the
back seat of the vehicle. After putting the child in the seat,
Filiaggi grabbed Lisa around the neck and she began screaming. Eric,
who was outside the vehicle, grabbed Filiaggi by the waist and
pulled him off her. Filiaggi turned around and struck Eric in the
face numerous times. Eric suffered multiple broken bones in his
face. The assault ended when Filiaggi’s mother came out, grabbed
Filiaggi, and yelled at him to stop. The recording of the incident
was admitted into evidence. Eric and Lisa pressed charges against
Filiaggi, and he was arrested and indicted for felonious assault and
domestic violence. He was released on bond awaiting trial. The
picture window to Eric’s house was also broken on numerous
occasions. On January 20, 1994, the last time there was an attempt
to break the window, the video camera recorded the incident and
clearly showed Filiaggi as the person throwing a bottle at the
window. Charges were filed against Filiaggi for attempted vandalism,
criminal trespassing, and intimidation of a witness. Two days later,
Filiaggi purchased a 9mm Luger pistol, which had two clips for
ammunition. He also purchased ammunition for the weapon, despite the
fact that he already possessed another gun. According to the defense
theory, he intended to go to Lisa’s house and kill himself in front
of her. On January 24, 1994, Filiaggi took a $1,000 cash advance on
his Visa card. He left six to seven hundred dollars with his
girlfriend, Tracey. At approximately 10:45 p.m., the Lorain Police
Department dispatcher received a call from Lisa. The call was
tape-recorded. Lisa told the dispatcher that her ex-husband,
Filiaggi, was at her back door and was breaking into her house.
Filiaggi broke down the door and entered the house. Still carrying
the telephone, Lisa fled out the front door. A neighbor named Robert
who lived two doors away saw Lisa standing in the yard of the
intervening neighbor and frantically looking around. Another
neighbor was awakened by someone screaming, "God help me, someone,
please, help me, he’s going to kill me." Lisa saw Robert looking out
the window and ran towards his front door. He let her in, and Lisa
told him that her ex-husband was after her with a gun. She looked
petrified and ran past him while Robert locked the door behind her.
Moments later, Robert heard a couple of bangs on the door and the
door came crashing in. Filiaggi had a gun in his hand and asked
Robert where she went. Robert said he did not know, and Filiaggi
told Robert to help find her. They both started down the hallway.
When they came to a linen closet, with the door partially open,
Filiaggi opened the door and found Lisa. Filiaggi was very angry and
pulled Lisa from the closet by the arm and swung her into the
bathroom, which was across the hall from the closet. There was a
struggle. Robert heard Filiaggi tell Lisa, "This will teach you to
f*ck with me," and then heard two shots fired. Although shot in the
shoulder, Lisa was able to get away and run across the hallway into
one of the bedrooms. Robert, standing partially in one of the
bedrooms, was pleading with Filiaggi not to shoot her. Robert was in
another bedroom and Filiaggi told Robert to close the bedroom door
and stay out. Robert again heard Filiaggi tell Lisa, "This will
teach you not to f*ck with me" and heard two more shots. Robert then
heard footsteps down the hallway. Robert came out of the bedroom and
saw Lisa slumped against the wall. She had been shot in the head.
Robert attempted to call 911, but noticed a policeman coming through
his front door. About twenty minutes away, in Amherst Township,
Lisa’s stepfather Delbert, was watching the news. At 11:15 p.m., he
heard pounding at the front door. While he had a motion detector
light on the side of the trailer, it was not on and the area outside
the door was dark. He was home alone and had previously been
vandalized, so he picked up a can of red pepper spray and went to
the door. He opened the door about three inches and saw Filiaggi.
Filiaggi then bashed the door in. Filiaggi came in the house and
said, "Are you ready to die?" Delbert saw a gun in Filiaggi’s right
hand. Filiaggi brought the gun up to shoot Delbert and said, "I’m
going to kill you." Delbert sprayed Filiaggi in the face with the
pepper spray, and Filiaggi shot at him twice, but did not hit him.
Delbert managed to get out of the trailer, without a coat or shoes.
He ran to four separate trailers, knocking on doors, finally gaining
admittance to the fourth one where he was able to call 911. He tried
to call Lisa, but was shaking too badly. On the morning of January
25, 1994, between 8:00 a.m. and 9:00 a.m., Filiaggi arrived at the
home of a college friend. Filiaggi asked if he could "crash," and he
laid down on the couch. The college friend took his girlfriend to
work later that morning. His girlfriend later called him and told
him that Filiaggi had killed Lisa. The man confronted Filiaggi about
it. Filiaggi got up off the couch and a gun fell to the floor.
Filiaggi then left the house. On January 27, 1994, Filiaggi took
another $1,000 cash advance. Filiaggi fled the state, but returned
to Lorain, when he discovered that his parents may lose their house
which had been put up for his bond on the previous charges. Filiaggi
had rented a car at the Pittsburgh Airport that was later recovered
in an area near Filiaggi’s parents’ home. The car contained the
rental agreement as well as several rounds of 9 mm ammunition. The
murder weapon was never found. Filiaggi entered a plea of not guilty
by reason of insanity, claiming a poor diet was what caused him to
react violently; the so-called "Twinkie defense." He also waived his
right to be tried by a jury. A three-judge panel heard the evidence
presented on all charges. The three-judge panel entered its verdict
on the aggravated murder charge, but only the presiding judge
entered a verdict on the remaining charges. The three-judge panel
found Filiaggi guilty of aggravated murder and the three capital
specifications: the offense was committed for the purpose of
escaping detection, apprehension, trial, or punishment for another
offense committed by Filiaggi; the offense was part of a course of
conduct involving the purposeful killing of or attempt to kill two
or more persons by Filiaggi; and the victim of the offense was a
witness to prior offenses by Filiaggi and was purposely killed to
prevent her testimony in a criminal proceeding concerning those
prior offenses. The case proceeded to the penalty phase and the
panel sentenced Filiaggi to death. UPDATE: A condemned murderer
who had hinged his appeals on a challenge to the execution procedure
was executed by lethal injection at 11:23 am in Ohio. The
execution was delayed by about 90 minutes while officials awaited a
Supreme Court ruling in the case. James Filiaggi, 41, had given up
his appeals in 2006 and asked to speed up his execution, but then
reconsidered late last week and tried without success to delay his
execution. The high court, as well as three other courts, ruled
against Filiaggi during the final day before his scheduled
execution. In a final statement, Filiaggi suggested that there are
many innocent inmates on death row. "For me - it's fine," he said.
"I want to say thanks to my family for all the support," he said.
"I'm sorry I flipped up the world." Read an article about the impact
of this murder
here. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
April 25, 2007
|
Tennessee |
Emily Branch, 13 |
Charles Rice |
stayed |
|
The victim,
thirteen-year-old Emily Branch, was reported missing on June 18,
2000, and her body was discovered on June 25, 2000. After a police
investigation, Emily's stepfather, Charles Rice, was questioned and
arrested for her murder. On June 18, 2000, Emily was staying with
her father, Steven Dwayney Branch. Branch lived in Memphis with his
girlfriend and her three children. Emily usually lived with Branch’s
sister, but she was staying with her father because it was Father’s
Day. Emily’s mother Tracie was married to Charles Rice during the
time relevant to this case, but Emily never lived with her mother
and Rice while they were married. Tracie and Rice had argued on June
6, 2000, prompting Tracie to leave Rice and move in with her
brother. She had left Rice on numerous other occasions, but had
always returned. Prior to her leaving, Rice told her that if she
left him, “it will hurt you more than it hurts me.” Tracie told
Branch not to let Emily go to Rice’s house anymore. According to
Tracie, Rice used drugs, specifically crack cocaine. On the morning
of the 18th, Emily left her father’s house at about 11:00 a.m. with
three other girls. She was wearing “a white short-pants overall set
with a navy blue shirt, some white socks, her blue and white tennies,
and she had a necklace around her neck.” One of the daughters of
Branch’s girlfriend was with Emily that day. She testified that she,
Emily, and five other girls “walked around because that’s our normal
routine every day.” While out walking, Rice came by and talked to
Emily. The girl said that she could not hear what was said. After
Rice left, the girls went to a store and then to Rice’s house on
Firestone Street. Emily went inside the house while the other girls
waited outside. Emily later came outside and told them that they all
had to leave; they left Emily on Rice’s front porch and went to a
park. According to the girl, this was about 4:00 or 5:00 in the
afternoon. She said that it was not unusual for Emily to go to
Rice’s house when Emily’s mother lived there. She did not know that
Emily’s mother no longer lived there. She said that she never saw
Rice while they were at his house. According to Rice’s stepfather
Willie who lived with Rice on Firestone Street, Emily came by the
residence on the 18th of June, asking to walk the dog. After Willie
refused, Emily went outside to talk to the girls with whom she had
been. Then Emily left the house with Rice, walking down the street
toward Bellevue Street. According to Willie, this was about 3:40 in
the afternoon. Later that afternoon, Rice returned to the house to
watch television; he did not change his clothes. Willie said that
while at the house, before leaving with Rice, Emily was never out of
his sight. Tony Evans, a friend of Emily’s mother and father, also
saw Emily on the day of her disappearance. He lived on Firestone
Street, and on the afternoon of June 18, around 2:00 or 3:00 p.m.,
he saw Emily and a “lot of little girls” walk to Rice’s house. Later
that day, he observed Emily and Rice walking away from Rice’s house
heading west on Firestone. He found it surprising that the two were
together because he knew that Emily’s mother had recently left Rice
due to abuse. Therefore, he followed Emily and Rice. After turning
off Firestone Street, the two went up a small street then headed
back on Empire Street, and then south on Bellevue toward an Amoco
station. Then they walked past the station through the pathway on
the side. At that time, Evans returned home to finish his yard work.
Evans explained that he stopped following the two when they got to
the path by the Amoco station because the path leads to Brown
Street, where some of Rice’s relatives lived. He assumed that
Emily’s mother and Rice had gotten back together and that Rice and
victim were going to visit relatives. Emily’s father began to worry
when Emily had not returned home by 5:00 p.m. on June 18. He called
the police that night to report her missing. The police told him
that she would probably be back and that they would report her as a
runaway. Branch testified that Emily had never run away before, so
that night he began to search the neighborhood for her. A few of his
neighbors helped in his search. The following day, Tracie called
Evans and asked him if he had seen Emily. Evans told her that he had
seen Emily and Rice go down the path next to the Amoco station.
After speaking with Emily’s mother, Evans went to the area of the
path to look for Emily, but did not find anything. He explained that
he wanted to find Emily because both parents were his good friends.
Several days later, Branch also spoke with Evans, telling him that
Emily had been missing since June 18. Evans testified that two days
after Emily was last seen, he saw Mario Rice, who is Rice’s nephew,
and Rice walk together down to the woods by the Amoco station. He
said that the police were called, but they did not get there in time
because it was night. During the week Emily was missing, Evans saw
Rice and Mario sitting in the yard of a house on Alaska Street,
watching that same pathway. This made him even more suspicious of
Rice. For two to three nights in a row, Evans hid in the crawl space
underneath the house on Alaska Street where Mario and Rice were.
While there, he overheard Mario and Rice discuss plans to kill
Tracie. He never heard them talk about Emily. He remained under the
house on those nights until 4:00 or 5:00 in the morning. On June 25,
Evans had repaired his four-wheeler and drove back to the area
surrounding the pathway to search again. When he went into the
woods, he smelled an odor like something had died, so he began
looking in the direction from which the smell was coming. He had to
chop through the bushes with a machete. Finally, he stepped up on
the tree and looked down, and saw her shoes. Evans ran from the
woods to Branch’s house and told him that he had found Emily’s body
behind the Amoco station on Chelsea Street. Branch and Evans went in
Branch’s truck to the parking lot of the Amoco station. From there,
Evans led them down a trail behind the station. They reached Emily’s
body, which was lying in a ditch in a heavily wooded area. When they
found Emily, her shorts and underwear were down around her ankles.
Branch testified that he could not recognize his daughter’s facial
features because the body had decomposed, but he recognized her
clothing, shoes, and necklace as the same as she had been wearing on
the day she disappeared. Evans was also able to recognize Emily by
her hair and clothes. After identifying the body as that of Emily,
they called the police. Sergeant Robin Hulley of the Memphis Police
Department was called to the Amoco station on Chelsea Street at
approximately 5:00 p.m. on June 25, 2000, on a “DOA unknown.” Once
he arrived at that address, he was led by a uniformed officer to the
actual scene behind the store. Sergeant Hulley testified that to the
right side of the store there is a pathway that opens onto a big
grassy field, about the size of a football field. Emily’s body was
located in what appeared to be a dry creek bed in a heavily wooded
area to the right of the opening. Emily was lying face up. She had
on a pair of white short overalls, which were pulled completely down
to around her ankles, and her underwear was also pulled down. Her
shirt was still in place. Sergeant Hulley stated that the body was
not visible from the path or the grassy field, although it was not
covered by any brush. The only blood found at the scene was directly
around the body. There was no upper torso, the legs and arms were
still intact, and the head appeared to be “mummified.” Emily had on
short pants, which were down around below her knees. Michael Jeffrey
Clark, an officer with the Memphis Police Department, was also
assigned to investigate the murder on June 25, 2000. Rice told the
police that on the day of her disappearance, he and Emily parted
ways at the intersection of Bellevue and Firestone. Rice was
subsequently brought to the police station, where Officer Clark and
Officer Ernestine Davison interviewed him at approximately 2:00 a.m.
on the morning of June 26. Officer Clark read Rice his Miranda
rights, and Rice signed a form indicating that he understood those
rights. Clark told Rice that other witnesses had seen him enter the
woods with Emily near the Amoco station. Rice denied going into the
woods with her and denied any knowledge of her disappearance. Clark
then told Rice that it appeared to him that Emily had been raped,
and he asked Rice if he would be willing to submit to a DNA test so
that police could compare his DNA with the DNA found on Emily. At
that point, Rice admitted that he had engaged in consensual sex with
Emily inside the kitchen of his parents’ house on June 18,
explaining: “I had sex for about a minute with her.” Rice admitted
Emily asked him for money and to walk his dog. He said that he asked
her to walk to the store with him so he could get some change, but
when they arrived at the store, he told Emily that he did not have
any money, and they parted ways. Rice then changed his story again,
stating that he and Emily went to his house after Emily asked him
for money, and this led to the sexual act in the kitchen. Rice said
that Emily then left the house alone and that he did not see her
again. When Officer Clark confronted Rice with Willie’s story that
he saw Rice leave the house with Emily, Rice replied that he entered
the woods with Emily, but denied any wrongdoing. Officers Clark and
Davison decided to arrest Rice and to place him in the Shelby County
jail. While checking him in, Rice asked to be placed in protective
custody because he had received some threats from family members in
the neighborhood. Officer Clark asked Rice: “Do you mean the family
members of the girl you killed?” Rice responded: “Yes, sir.” On
cross-examination, however, the officers testified that Rice
constantly maintained that he did not kill Emily. Sergeant
Fitzpatrick read Rice’s statement to the jury. In his statement,
Rice said that the last time he saw Emily was between 4:30 and 5:30
p.m. on June 18, 2000, behind the Amoco station. When asked how he
and Emily came to be behind the Amoco station, Rice replied, “Me and
Emily walked down through there on the way to the field. And that’s
when my nephew killed Emily Branch.” Rice explained that he and
Mario planned to have Emily at that location so that Mario could
kill Emily. He said that Mario wanted to kill Emily because Mario
“was tired of seeing me go through things I was going through with
Emily’s mother.” The initial plan was to have Tracie, Emily’s
mother, accompany Rice to the field where Mario would kill her, but
they could not find Tracie. Rice stated that he first encountered
Emily on the day of her death as she was walking between Bellevue
and Smith Street with her friends. Emily wanted to walk his dog and
wanted ten dollars, so Rice told her to meet him at his stepfather’s
house on Firestone Street. He said that while they were at the
house, they had sex in the kitchen, and “that lasted about sixty
seconds.” He said that Emily “brushed her chest against me and said
she knowed that her stuff was gooder than her mother’s.” He said
that this was the first time they had sex and that he did not reach
climax. After the sexual encounter with Emily, they left the house
and went to the Amoco station on Chelsea Street under his guise that
he would get change and give Emily the ten dollars that she
requested. Rice then told her that he did not have the money. At
that time, Emily followed him into woods, where they were met by
Mario. Rice then said: "And that’s when we said, “F*** this b***h;
let’s kill this b***h.” I told Emily about an apple tree and a
fenced-in area, so she went in there, and that’s when my nephew
started to stab her. He stabbed her in the head first and in the
throat numerous times and in the chest area numerous times. That’s
when I ran, and my nephew, Mario Rice, ran behind me. We got out to
the street on Brown, and I ran towards Lewis or Louisville. I don’t
know which one. And Mario went the other way on Brown. I went up
Louisville or Lewis to a friend’s house on Montgomery. Then I went
to another friend’s house on Ayers, and that’s where Mario and I met
up again. We started drinking, and we stayed together until about
10:00 p.m. And then he went home and I went home. Rice said that
Mario used a “kitchen knife, not a butcher knife.” He then provided
more details about the actual murder, saying: "She was facing him,
and he was facing her, and there were a lot of words. He was talking
to her. I really don’t know exactly what he was saying. Then he
pulled the knife from out of his left back pocket, and then he
stabbed her in the head. She went down on one or two knees, and
that’s when he stabbed her in the throat a bunch of times, and she
fell back on her back. She was moving her hands like she was trying
to tell Mario to stop. She pulled – and she had pulled her clothes
down before the first stabbing, and I guess she thought she was
getting ready to be raped by what Mario was saying because it made
me wonder why was she taking her clothes down. As I think about it,
I think she must of fell back because of the way Mario was stabbing
her in the neck and chest." Rice said that the plan was to lure
Emily’s mother to the field and to “take care” of her. He said that
he “was going to take care of the mother, and Mario was going to
take care of anybody else.” He continued, “I was probably going to
jump on the mother. That probably wasn’t all I would have done to
her.” About Emily’s death, Rice stated that he felt “sad, guilty,
and responsible” because he “could have prevented it by not luring
her into that field.” Sergeant Fitzpatrick took Rice back to the
crime scene on June 27 for a “walk through” video of the events
leading to Emily’s death. Rice said he got Emily to accompany him to
a secluded part of the field by telling her there was an apple tree
back there. Rice then led the officers directly to the spot where
the body had been discovered. On cross- examination, Sergeant
Fitzpatrick admitted that in every statement given by Rice, Rice
denied actually killing Emily. Two or three days after the police
first went to Willie’s house, they returned and asked to search the
house. Willie granted permission. The police took a knife that was
on the dining room table. Willie testified that the knife had been
lying there for the “longest time.” Dr. Cynthia Gardner, a medical
examiner with the Shelby County medical examiner’s office, testified
that she first examined Emily’s body at the crime scene. She said
that the body was found “lying on her back in a field” with her
shorts pulled down around her ankles. The body was in a state of
advanced decomposition, and “in many areas . . . the soft tissues
were completely gone and only the skeleton remaining.” She next
performed an external examination of the body with the clothing
intact. She noted that decomposition was occurring at different
rates in different areas of the body. She explained that
“differential decomposition is associated with areas of injuries. If
there’s a breach in the skin surface somewhere or even if there is a
large bruise, which is just a collection of blood, both of those
factors are very attractive to the infection bacteria that promote
decomposition. So when you see a body where there are areas of
decomposition which has occurred at a faster rate, it’s more
advanced decomposition in a very specific area. That indicates that
there was probably injury in that area." Dr. Garner noted advanced
decomposition in the “head, the neck, the chest, the upper back, and
in the groin area.” She opined that because of the advanced state of
decomposition in the vaginal area, there had been some sort of
trauma or injury to that area prior to death. Emily had what
appeared to be stab wounds in the right lower quadrant of her torso
and on the left wrist. Dr. Garner stated that the wounds to the
wrist were defensive injuries. All the wounds were consistent with
those inflicted by a kitchen knife. Examination of Emily’s shirt
revealed multiple tears that were consistent with those produced by
a knife. Ten total defects were found in the shirt: one in the right
lower quadrant; four in the anterior left chest; one in the right
chest; three in the arm; and one in the back. Dr. Garner observed
injury to Emily’s neck, indicating that a sharp instrument went all
the way through the soft tissue from the skin down to the bone in
the back. She explained that the windpipe and esophagus are located
directly in this region of the neck and would “most definitely have
been severed.” There was another point of sharp trauma to the back
of the skull where there was a puncture wound, but it did not
penetrate through the skull. From her examination, Dr. Garner
determined that there were ten stab wounds on the shirt, three to
the neck, one to the back of the head, and two to the left wrist,
for a total of sixteen stab wounds. She concluded that the cause of
death was multiple stab wounds. Due to the extent of decomposition,
Dr. Garner was unable to obtain DNA from Emily’s body for testing.
Emily’s body was identified as that of Emily Branch through
comparison of dental records. Dr. Steven Symes, a forensic
anthropologist with the Shelby County medical examiner’s office,
also testified as to the condition of Emily’s body. He examined the
bones of Emily’s upper body and found four instances of “sharp
trauma to bone,” three of which were in the neck and one in the back
of the skull. The wounds in the neck were inflicted from front to
back, penetrated through her neck, and impacted her spinal cord. The
knife used had been a single-edged blade, like those of some kitchen
knives. After deliberation, the jury convicted Rice of first degree
premeditated murder and of first degree felony murder; these
convictions were subsequently merged. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
April 26, 2007
|
Texas |
Carmelo Surace, 61
Marie Surace, 60 |
Ryan
Dickson |
executed |
|
On November 27, 1994,
police in Amarillo, Texas, were called to the Surace Grocery, a
small grocery store run by Carmelo Surace and his wife, Marie. When
they arrived, the officers found Marie dead and Carmelo critically
injured. The police learned that four young males—Ryan Heath
Dickson, his younger brother Dane Dickson, Freddie Medina, and
Jeremy Brown—had attempted to steal beer from the store. After first
gathering outside the store, the two brothers entered while Medina
and Brown waited outside. The Dickson brothers entered the nearby
Surace Grocery, which had no customers then. Ryan Dickson headed
toward the beer while his younger brother stood between the doorway
and the counter. Carmelo Surace said he wouldn't sell beer to
Dickson because of his age. Moments later, Dickson fired a shot, and
Mr. Surace fell to the floor. Carmelo later died from his injuries.
Dane Dickson said he had not seen the weapon earlier that day but
added that he was not surprised that the defendant was armed because
he was in the "habit" of carrying the weapon. Dickson then walked up
to the counter, behind which Marie Surace stood. She told Dickson to
take the money she had removed from the cash register and leave.
Dickson wanted Mrs. Surace to come out from behind the counter. Dane
Dickson grabbed the money, $52, and took off. Mrs. Surace was
scooting back and squatting down when he left. When he was two or
three steps outside the store, he heard a gunshot. "I kept running.
I was running hard. Ryan caught up with me, and we were running side
by side (toward their house)," Dane Dickson said. Dickson got the
money, then hid his gun under a mattress in the backyard and told
other youths what had happened. Dane Dickson later hid the rifle in
a garage near an abandoned structure. He subsequently told police
about it. Ryan Dickson went for food and socialized hours after the
shooting. Police apprehended Dickson late that night after talking
to witnesses, and Dane Dickson was picked up early the next morning. Ryan Dickson was
18 at the time of the
crimes. Dickson had prior juvenile arrests for burglarizing churches
and being a runaway. While living at a residential facility for
youth, Dickson punched a female staffer in the face when she
confronted him about peeking into a girl's room. Charges were filed
against Dickson for the assault, but he was allowed to return to the
facility. A short time later, another incident occurred when Dickson
was confronted by another staffer about a prank. Dickson stabbed the
staffer in the chest. Prosecutors outlined Dickson's violent history
of two capital murders and approximately 100 criminal offenses.
While awaiting trial for the Surace murders, Dickson sent letters to
a young female friend claiming he had killed a black person in San
Antonio and a pawn shop clerk in Fort Worth. In the letter he said,
"I've done all the killing I need to. I've earned my stripes." One
witness testified that, before the robbery, Dickson said he was
"going to shoot the two old people in the store." After Dickson was
sentenced to death, Surace family members were relieved. The trial
lasted more than 12 weeks. "Well, we're all tired, and we're glad
that this is finally over," said Rose Surace, her eyes still
brimming with grief. "As far as the verdict went today, I speak for
my family. I believe that the death penalty and the verdict -
however it was done - as victims here that this is our voice going
out through the law." She said the family probably could have dealt
with the trauma if jurors meted out a life sentence, but the
family's loss is a hard one to bear. "Either way, it doesn't bring
our parents back," said her sister, Anita Surace. In 2002, Dickson
was tried for the murder of Marie Surace and again sentenced to
death. Dane Dickson pled guilty to two charges of murder and was
sentenced to 15 years. Part of the sentence was served in a juvenile
facility and then he was transferred to the state prison system.
Ryan Dickson has proven that his jury was correct in finding that he
would be a future danger to society. Prison records show that in
December of 2006, Dickson stabbed a corrections officer in the eye.
"I'm a fighter," he said. "It's pretty much a given that I can't
beat the system, but I can create some difficulties for them after
the fact. If they go ahead and kill me, that's fine." Incredibly,
Dickson blamed Carmelo Surace for confronting him, and said the
store owner must have spotted the weapon hidden in his jacket, tried
to wrest it away from him and was shot in the tussle. "I had a gun
inside my jacket. The man came out from behind the counter. He
walked in the aisle with me. He grabbed my gun, tipped the gun. ...
When I jerked it back, I pulled the trigger. And that's how he was
shot. I didn't go in there and pull a gun and start shooting
people," Dickson said. He also insisted Marie Surace was shot by
accident as she reached under a counter for a gun. Former Potter
County District Attorney Rebecca King, who prosecuted the two
capital murder cases against Dickson, disputed his story of the
shootings, especially Marie Surace's death. The woman was trying to
make a phone call on an old-style rotary phone when she was shot,
she said. "When the shooting started, I wasn't thinking about beer
no more," said Dickson, who fled the store empty-handed. "I
attempted to shoot over her head and we ran out. I didn't even know
I shot her until later that night when they told me." King, however,
said ballistics evidence disputed Dickson's account. "She was on her
knees," King said. "She had the phone in her hand. He bent down. She
was looking up at him. Ballistics showed it was execution-style. He
shot her. Totally cold." King's co-prosecutor said about the
sawed-off shotgun, "What do you think he took it down there for?''
Murphy asked. "... It was fully loaded and one in the chamber,
cocked and ready to go." UPDATE: Twelve years after murdering an
Amarillo couple during an armed robbery at their grocery store, Ryan
Dickson was executed Thursday evening. No witnesses from his family
or the victims' family attended the execution. Dickson, 30, spoke
rapidly when asked if he had anything to say, expressing love to his
family and apologizing to the relatives of his victims. Dickson
said, "I am sorry for what I did, and I take responsibility for what
I did. I do apologize to the Surace family. I am responsible for
them losing their mother, their father, their grandfather and their
grandmother. I never meant for them to be taken." Dickson was pronounced dead at 6:17 p.m., eight minutes
after the lethal drugs began running through his veins. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
April 26, 2007
|
Pennsylvania |
Conrad Dumchock, 35 |
Kevin Marinelli |
stayed |
|
In August 1995, Kevin J. Marinelli was sentenced to
death for the first-degree murder of 35-year-old Conrad Dumchock
during a robbery at Dumchock’s home. On the evening of April 26,
1994, Marinelli and his brother, Mark Marinelli, and Thomas Kirchoff
met at Marinelli's apartment to plan a burglary of the residence of
Conrad Dumchock, whom Mark knew to have stereo equipment. The three
men obtained weapons, disguises, and gloves in preparation for the
burglary, and proceeded to Dumchock's home in Kulpmont. Dumchock was
home alone and had just spoken to his sister and brother-in-law on
the telephone for forty-five minutes. The Marinelli brothers and
Kirchoff arrived at Dumchock's home and initially had difficulty
gaining entry. Observing that Dumchock's car was parked outside his
house and concerned about the possibility of being discovered, the
threesome left Dumchock's residence but returned a few minutes later
to again attempt to enter. Eventually, they broke a small window in
the kitchen door and entered the residence. Upon entering Dumchock's
residence, Marinelli immediately proceeded to the second floor,
where he encountered Dumchock. When Dumchock requested that
Marinelli leave his home, Marinelli struck Dumchock's face with his
gun and yelled for assistance from Mark and Kirchoff. Marinelli and
Kirchoff continued to beat Dumchock, despite Dumchock's pleading
with them to take what they wanted and leave him alone. The three
rummaged through Dumchock's home looking for items to take and
asking Dumchock where his guns and money were located. When Dumchock
would moan or not answer, Marinelli would hit Dumchock again. Mark
and Kirchoff departed Dumchock's home after they had loaded the
items they wished to steal, while Marinelli remained in the
residence with Dumchock. Marinelli then shot Dumchock twice in the
head, with one shot into Dumchock's eye and the other directly
between Dumchock's eyes. Marinelli then ran out of Dumchock's house
and exclaimed, “Let's get out of here!” The threesome returned to
Kirchoff's home and divided the items stolen from Dumchock. A short
while later, the Marinelli brothers returned to Dumchock's house and
took a motorcycle from the victim's porch. Marinelli attempted to
start the motorcycle on compression, with Mark following in a car.
They were observed crossing the main road in Kulpmont heading toward
the other side of town. When the motorcycle would not start,
Marinelli abandoned it. On the morning following the killing, a
friend who was waiting for Dumchock to drive him to work entered the
victim's home and discovered Dumchock's stereo equipment had been
disarranged and Dumchock's dog was shaking. The friend called out to
Dumchock but received no response. He became concerned and left
Dumchock's home, and headed to the police station. On his way there,
he encountered Kulpmont Police Sergeant Detective Robert Muldowney,
and related to him the circumstances he had found. Sergeant
Muldowney entered Dumchock's home, noting that the storm door was
open, the inside door was propped open with a chair, and the glass
had been broken from a window in the door. Inside the house,
Sergeant Muldowney discovered that telephone cords had been cut.
Upstairs, Sergeant Muldowney discovered the victim's cold body lying
at the top of the stairway landing. Sergeant Muldowney noted that
Dumchock's bedroom was disheveled, with drawers removed from the
dresser and various items strewn on the victim's bed. Pennsylvania
State Police and County Coroner Richard Ulrich were called to the
scene. The victim's sister also arrived at his house and noted that
Dumchock's motorcycle was missing. The motorcycle was later
recovered hidden in some brush where it had been abandoned.
Dumchock's brother-in-law informed police that guns, tools, and
electronic equipment were also missing from Dumchock's residence.
Another of Dumchock's friends was brought to Dumchock's residence to
assist police in determining which stereo equipment, as well as
liquor, was missing. On May 25, 1994, Mark Marinelli's girlfriend
turned over to Coal Township Police certain weapons which Mark had
brought to her home. These weapons were later identified as having
belonged to the victim. County Coroner Ulrich was at the Coal
Township police station when the girlfriend turned over these
weapons. The coroner connected the items with the Dumchock killing,
and notified the District Attorney and State Police. Further, Ms.
Chamberlain allowed Shamokin Police to come to her home and remove
other items Mark had left there, including a telephone answering
machine. Coroner Ulrich recognized the telephone answering machine
as being of the type reported missing from Dumchock's house, and he
notified the State Police. Additionally, a friend of Marinelli was
questioned by police about the Dumchock murder. He stated to police
that Marinelli had bragged about how he had killed Dumchock. A
search of Marinelli's residence by police recovered a number of
items, including stereo equipment, later identified as property
belonging to the victim. After being questioned by police, Marinelli
gave police both an oral and a taped confession as to his
involvement in the Dumchock killing. The Commonwealth conducted a
joint trial of Marinelli and Kirchoff from May 8, 1995, through May
18, 1995. At the conclusion of the trial, the jury convicted
Marinelli of the following offenses: (1) first-degree murder; (2)
robbery; (3) conspiracy to commit robbery; (4) burglary; (5) theft
by unlawful taking; (6) receiving stolen property; and (7)
aggravated assault. Following a penalty hearing limited to Marinelli,
the jury found two aggravating circumstances and two mitigating
circumstances and concluded that the aggravating circumstances
outweighed the mitigating circumstances. Accordingly, the trial
court sentenced Marinelli to death. There are still appeals pending in this case and the
execution is not expected to take place on this date. |
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