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Jury Center :: Capital Case Data Project ::
Case details - 2nd Quarter of 2005 (April, May, June) Sentenced to death in Jefferson County, Alabama By: A judge, overriding a jury’s 9-3 recommendation for life without parole. Date of crime: 2/2004 Prosecution’s case/defense response: Eatmon and Aundra Marshall (see below) kidnapped and killed Clarence and Allison Kile because of a drug debt owed to Marshall. Clarence and Allison Kile were tied up, beat with a lead pipe, forced into the trunk of their car. Eatman and Marshall doused the car with gasoline and burned the Kiles alive. The Kiles had to be identified with dental records and finger prints. The prosecution argued the killing was intended to send a message to other crack addicts who owed money to Marshall. The defense argued that Eatmon participated in the murder because he was afraid of Marshall. Prosecutor(s): Leanna Huddleston Defense Lawyer(s): Michael Lips-Comb Sources: Birmingham News 6/29/2005 (LEXIS USPAPR file). Aundra Marshall – black, age 30 Sentenced to death in Jefferson County, Alabama By: A judge after a jury recommendation of 11-1 for death Date of Crime: 2/2004 Prosecution’s case/defense response: See Dionne Eatmon above. Prosecutor(s): Leanna Huddleston, Layne Tolbert Defense Lawyer(s): Erskine Mathis, John Tindle Sources: Birmingham News 5/28/2004, 3/5/2005, 6/24/2005 (LEXIS USPAPR file). George Martin – black, age 37 (resentence after appellate reversal) Sentenced to death in Mobile County, Alabama By: A judge re-sentenced Martin to death. The first death sentenced was by a judge, overriding a jury recommendation of 8-4 for life in prison. Date of crime: 10/8/1995 Prosecution’s case/defense response: Marshall was a state trooper who was near bankruptcy. He took out $377,000 in life insurance policies on his wife, Hammoleketh Martin, and then burned her to death in her car. At the first sentencing the judge overruled the jury’s recommendation for a life sentence and the appellate court reversed because the judge did not explain his reasons for overriding the jury verdict. Upon remand, the same judge reimposed a death sentence with more explicit findings for why the jury recommendation was being overridden. Prosecutor(s): Gerri Grant Defense Lawyer(s): Unknown Sources: Columbus Ledger-Enquirer (GA) 12/11/2004 (2004 WLNR 13852317); Montgomery Advertiser 6/19/2005 (2005 WLNR 9799261). Steven Boggs – white, age unknown Sentenced to death in Maricopa County, Arizona By: A jury Date of crime: 5/2003 Prosecution’s case/defense response: Boggs murdered Beatriz Alvarado, Kenneth Brown and Fausto Jiminez during a robbery of a fast food restaurant. Two of the victims were Hispanic and Boggs made statements to the police afterwards that his motive "was to rid the world of a few needless illegals." Prosecutor(s): Unknown Defense Lawyer(s): Unknown Sources: Arizona Republic 5/13/2005 (2005 WLNR 8486696). James Wallace – white, age 34 (resentence after appellate reversal) Sentenced to death in Pima County, Arizona By: A jury Date of crime: 2/1/1984 Prosecution’s case/defense response: Wallace was angry with his girlfriend, Susan Insalaco, after she threw him out of the house for drinking too much. Instead of leaving, Wallace waited for Insalaco and her children, 16-year-old Anna Monzon and 12-year-old Gabe Monzon, to come home. Wallace then beat the family to death with a baseball bat and pipe wrench. The next day he turned himself in to police and confessed to the murders. Wallace pled guilty and was sentenced to death by a judge. The appellate court reversed his sentence two times. In the penalty phase the defense presented evidence of Wallace’s childhood which included an insane mother and an alcoholic father. The defense also argued that long term drug and alcohol abuse by Wallace damaged his brain. Prosecutor(s): Teresa Godoy Defense Lawyer(s): Eric Larsen, Jill Thorpe Sources: Tucson Citizen 3/18/2004 (2004 WLNR 16331762), 3/23/2005 (2005 WLNR 4628323), 4/7/2005 (2005 WLNR 5565908), 4/8/2005 (2005 WLNR 5636953); Arizona Daily Star 4/8/2005 (2005 WLNR 6583027), 4/8/2005 (2005 WLNR 6583027). Oswaldo Amerzcua – Latino, age 25 Sentenced to death in Los Angeles County, California By: A jury Date of crime: 2000 Prosecution’s case/defense response: A few months after Amerzcua and Joseph Flores (see below) were released from prison, they went on a crime spree. Amerzcua and Flores were members of a street gang and most of their crimes were to benefit the gang. They were convicted of murdering John Diaz, Arturo Madrigal, George Flores, and Luis Reys. They were also convicted of attempted murder, attempted murder of a peace officer, robbery, arson, weapons possession, and other charges. Amerzcua and Flores did not put up a defense in the penalty phase of the trial. Amerzcua did make a statement saying he would not apologize and did not have any remorse or regrets for what he had done. Prosecutor(s): Darren Levine Defense Lawyer(s): Zeke Perlo Sources: Inland Valley Daily Bulletin (Ontario, CA) 4/21/2005 (LEXIS USPAPR file); Los Angeles Times 4/21/2005 (LEXIS USPAPR file). Joseph Flores – Latino, age 29 Sentenced to death in Los Angeles County, California By: A jury Date of crime: 2000 Prosecution’s case/defense response: See Oswaldo Amerzcua above. Prosecutor(s): Darren Levine Defense Lawyer(s): William Ringgold Sources: Inland Valley Daily Bulletin (Ontario, CA) 4/21/2005 (LEXIS USPAPR file); Los Angeles Times 4/21/2005 (LEXIS USPAPR file). Mervin Ray Hughes – black, age 35 Sentenced to death in Alameda County, California By: A jury Date of Crime: 1/1999 Prosecution’s case/defense response: Hughes went on a two week shooting spree during which he killed Terry Love and Robert Fisher and wounded seven others. Hughes did not know any of the victims except for Love who was an acquaintance. The jury deadlocked during the penalty phase of Hughes’ first trial and a new jury was selected for a second penalty phase. Hughes had previously been convicted of manslaughter and served three years of an eight year term. Prosecutor(s): Jon Goodfellow Defense lawyer(s): Lorna Brown, Thomas Broome Sources: San Francisco Chronicle 3/17/2005, 6/11/2005 (LEXIS USPAPR file). Sentenced to death in Tehama County, California By: A jury Date of crime: 11/19/2002 Prosecution’s case/defense response: Mickel ambushed Officer David Mobilio at a police refueling station and shot him four times. Mickel did not know Mobilio but wanted to kill a police officer for political reasons, to demonstrate how the government is taking away citizens’ civil liberties. During the trial Mickel acted as his own attorney, admitted killing Mobilio, and detailed how he scouted a place to kill an officer and then ambushed Mobilio. Prosecutor(s): Gregg Kohen, Lynn Strom Defense lawyer(s): Defendant represented himself. Sources: Sacramento Bee 4/6/2005 (2005 WLNR 5926427), 4/9/2005 (2005 WLNR 5588088), 4/28/2005 (2005 WLNR 6681661). Todd Rizzo – white, age 18 (resentence after appellate reversal) Sentenced to death in New Haven, Connecticut By: A 3-judge panel after defendant waived jury sentencing Date of crime: 9/30/1997 Prosecution’s case/defense response: Rizzo lured his 13-year-old neighbor to his backyard by telling him they were going to look for snakes. Rizzo then beat Stanley Edwards to death with a sledge hammer and dumped his body in a wooded lot. After police found a blood smear in his car, Rizzo confessed to the murder, showed police where he killed Edwards, gave police the murder weapon and clothes he was wearing at the time, and led police to Edwards’ body. Rizzo said he killed Edwards because he wanted to know what it was like to kill someone. Rizzo pled guilty and was sentenced to death by a jury. After an appellate reversal, Rizzo opted for a 3-judge panel to decide his sentence. During mitigation, the defense presented evidence of Rizzo being abused at his school, an unsupervised childhood, and past good deeds. Prosecutor(s): John Connelly Defense lawyer(s): David Channing, Ronald Gold Sources: AP Alert – CT 5/17/2005 (5/17/2005 APALERTCT 05:33:30), 6/2/2005 (6/2/2005 APALERTCT 11:17:22), 6/3/2005 (6/3/2005 APALERTCT 12:02:43); Hartford Courant 6/24/2005 (LEXIS USPAPR file). Sentenced to death in Polk County, Florida By: A judge, after a unanimous recommendation by a jury Date of crime: 8/12/2002 Prosecution’s case/defense response: During a convenience store robbery, Blake shot and killed the store’s owner, Maheshkumar "Mike" Patel. The prosecution presented a videotaped confession where Blake admitted shooting Patel. The defense argued Blake drove the getaway car but it was another man who shot Patel. Witnesses had described the shooter as having hair but Blake was bald and his cohort had hair. The defense claimed police coerced Blake into making the videotaped confession. During the penalty phase, the prosecution presented evidence of Blake’s criminal history. At the time of the trial, Blake was serving a life sentence for killing Kelvin Young twelve days before he killed Patel. The same gun was used in both murders. At the time of the murders, Blake was on probation for grand theft and driving with a suspended license. Prosecutor(s): Cass Castillo Defense lawyer(s): Gil Colon Jr., Al Smith Sources: The Ledger (Lakeland, FL) 2/24/2005, 2/26/2005, 4/20/2005, 4/21/2005, 5/14/2005 (LEXIS USPAPR file). Sentenced to death in Orange County, Florida By: A judge, after a jury recommendation of death (count unknown) Date of Crime: 11/6/2000 Prosecution’s case/defense response: Frances and his brother had a falling out with their mother and robbed their mother’s friend, Helena Mills. During the robbery, they strangled Mills and her 17-year-old niece, Jo Anna Charles. The brothers were arrested driving Mills’ car and had pawned items taken from Mills’ home. The prosecution’s evidence included Frances’ confession to police. During the penalty phase, the defense argued Frances was dominated by his brother. Prosecutor(s): Mark Wixtrom Defense lawyer(s): Unknown Sources: Orlando Sentinel 10/30/2004, 4/30/2005 (LEXIS USPAPR file). Andrew Gosciminski - white, age 48 Sentenced to death in Fort Pierce County, Florida By: A judge, after a jury recommendation of death (count unknown) Date of crime: 9/24/2002 Prosecution’s case/defense response: Gosciminski bludgeoned and stabbed Joan Loughman to death and stole valuable jewelry during a home invasion burglary. The defense claimed that Kozominski was the wrong culprit and had an alibi for the time of the murder. In mitigation the defense presented evidence of positive character traits. Prosecutor(s): Chris Taylor Defense lawyer(s): Mark Harllee Sources: Fort Pierce Tribune 4/26/2005 (2005 WLNR 6591288); Palm Beach Post 4/27/2005 (2005 WLNR 6649414), 4/29/2005 (2005 WLNR 6821051). William Kopsho – white, age 46 Sentenced to death in Sumter County, Florida (change of venue from Marion County) By: A judge after a 9-3 jury recommendation of death Date of crime: 10/27/2000 Prosecution’s case/defense response: Kopsho kidnapped his estranged wife, Lynne, as she was leaving work, and shot her three times. He had a prior sexual battery and false imprisonment convictions for crimes against another woman. The defense claimed Kopsho acted out of emotional duress after learning of Lynne’s infidelity. Prosecutor(s): Bob Hodges, Anthony Tatti Defense lawyer(s): Bill Miller, John Tedder Sources: AP Alert – FL 2/25/2005 (2/25/2005 APALERTFL 09:28:01); Ocala.com 2/25/2005, 3/2/2005, 3/3/2005, 4/9/2005 (www.ocala.com). Sentenced to death in Miami-Dade County, Florida By: A judge after a jury recommendation of death (count unknown) Date of crime: 1995-1998 Prosecution’s case/defense response: Smith was the leader of the "John Does" drug gang. He was convicted of five counts of murder, including the killings of two key witnesses in separate murder trials. Among the victims was Cynthia Brown, who was suffocated by her boyfriend at Smith’s behest and Jackie Pope, a deaf mute killed because she had been the witness to the shooting of a Miami police officer. Prosecutor(s): Unknown Defense lawyer(s): Unknown Sources: Miami Herald 12/4/2004 (2004 WLNR 99609635). Sentenced to death in Hall County, Georgia (venue moved from Towns County) By: A jury Date of crime: 8/4/2002 Prosecution’s case/defense response: Barrett had been drinking all night with his best friend, Danny Leon Youngblood, at Barrett’s estranged wife’s house. Youngblood did several uncouth things which led to a fight in which Barrett gouged him severely in the eye and beat him. As Youngblood was staggering to his truck to leave, Barrett shot him execution-style. In aggravation, the prosecution proved that Barrett had a history of violence. Barrett claimed that the killing was at least partially in self defense. Prosecutor(s): Stan Gunter, Jeff Langley Defense lawyer(s): Greg Valpey, Lee Parks Sources: Telephone conservation with prosecutor Stan Gunter 9/29/2005. Joseph Bannister – black, age 33 Sentenced to death in Cook County, Illinois By: A jury Date of crime: 9/23/2000 Prosecution’s case/defense response: Bannister’s ex-girlfriend, Sharon Banks, had taken out several protection orders against Bannister since 1993 and had just obtained an emergency protection order. Bannister went to Bank’s apartment, kicked in the door, opened fire on her, and critically wounded her. Bannister then killed Bank’s sister, Henrietta Banks, by shooting her three times in the head. Bannister shot the sisters in front of six children, including the daughter that Bannister shared with Sharon Banks. During the penalty phase, the prosecution presented evidence of Bannister’s gangster lifestyle and criminal history which included an attempted murder conviction and possession of drugs with intent to sell. The defense argued Bannister was a family man and snapped when Sharon Banks would not let him see their daughter. Prosecutor(s): Anna Demacopoulos, Lu Ann Snow Defense lawyer(s): Gina Piemonte, Jacqueline Ross Sources: Chicago Sun Times 5/7/2005 (2005 WLNR 7430668), 5/12/2005 (2005 WLNR 7731673), 5/13/2005 (2005 WLNR 7732169); Chicago Tribune 5/6/2005, 5/12/2005, 5/13/2005 (LEXIS USPAPR file). Frederick Baer – white, age 32 Sentenced to death in Madison County, Indiana By: A jury Date of crime: 2/25/2004 Prosecution’s case/defense response: Baer entered a rural house where he found Cory Clark and her 4-year-old daughter, Jenna Clark. Baer sexually assaulted Cory Clark and then cut her throat. He then cut Jenna Clark’s throat and robbed the house. Baer pled guilty-but-mentally-ill and presented psychiatric testimony that he suffered from mental illness. The prosecution presented evidence that Baer did not suffer from a mental illness, which included a taped telephone conservation where he talked about lying to doctors to appear mentally ill. The jury found him guilty. Prosecutor(s): Rodney Cummings Defense lawyer(s): Bryan Williams, Jeffrey Lockwood Sources: The Indianapolis Star 5/4/2005 (2005 WLNR 7048694), 5/13/2005 (2005 WLNR 7632636); AP Alert – Indiana 5/21/2005 (5/21/2005 APALERTIN 01:47:19). Wayne Kubsch – white, age 30 (resentence after appellate reversal) Sentenced to death in St. Joseph County, Indiana By: A jury Date of crime: 9/18/1998 Prosecution’s case/defense response: Wayne Kubsch was in financial trouble and killed his wife, Beth Kubsch, for a $575,000 life insurance policy he took out on her three months before. Wayne Kubsch tied up his wife with duct tape, stabbed her 11 times, and put her body under the stairs. During the murder, Beth Kubsch’s ex-husband and 10-year-old son came to the house unexpectedly. Wayne Kubsch shot and stabbed Rick Milewski and Aaron Milewski. The defense contested guilt by arguing that there was no physical evidence that tied Wayne Kubsch to the murders. During the penalty phase, Kubsch represented himself and did not present any mitigating factors because he said he did not want to have his family testify again. Prosecutor(s): Scott Duerring, Frank Schaffer Defense lawyer(s): Philip Skodinski, Brian May at guilt/innocence phase; Defendant represented himself during the penalty phase Sources: South Bend Tribune (Indiana) 3/20/2005, 3/22/2005, 4/17/2005, 4/19/2005 (LEXIS USPAPR file). Robert Coleman – black, age 33 Sentenced to death in Caddo Parish, Louisiana By: A jury Date of crime: 1/1/2003 Prosecution’s case/defense response: Coleman and his girlfriend, Brandy Holmes, robbed Julian and Alice Brandon in their home. Rev. Julian Brandon died from gun shot and stab wounds. Alice Brandon was shot in the head and survived but never made a full recovery. Julian and Alice Brandon were found four days after the attack. The prosecution’s evidence included blood on Coleman’s boots and jewelry taken in the robbery that was found at the house where Coleman and Holmes were staying. The defense contested guilt by arguing someone else robbed and killed the Brandons with Holmes. When Alice Brandon was found four days after she was shot, she said two white men had robbed them. During the penalty phase, the prosecution presented evidence of Coleman’s criminal history including a conviction for armed robbery, stealing $11,000 from someone, and DNA evidence linking Coleman and Homes to the death of 25-year-old Terrance Blaze days after Brandon was killed. The prosecution compared the criminal life of Coleman with the retired minister he killed. The defense argued Coleman’s life had value to his family. Prosecutor(s): Lea Hall, Ed Blewer, Hugo Holland Defense lawyer(s): Darryl Gold, Richard Goorley Sources: Times (Shreveport, LA) 2/8/2005 (2005 WLNR 1951043), 2/14/2005 (2005 WLNR 2333027), 2/17/2005 (2005 WLNR 2546905), 2/18/2005 (2005 WLNR 2546902), 2/19/2005 (2005 WLNR 2722885), 2/20/2005 (2005 WLNR 2722882). Jessie Montejo – white, age 22 Sentenced to death in St. Tammany Parish, Louisiana By: A jury Date of crime: 9/5/2002 Prosecution’s case/defense response: The prosecution argued that Montejo helped a handyman, Jerry Moore, with a scheme to rob and kill Louis Ferrari, a 61-year-old businessman. Moore was described as an unreliable and volatile employee who hired Montejo to break into Ferrari’s home. Montejo shot Ferrari in the eye and Ferrari’s wife and son found his body in their kitchen. Montejo stole Ferrari’s car and left it on a dead-end road; Montejo’s DNA was found under Ferrari’s fingernails, and Montejo’s stepbrother was allegedly circling the subdivision in a van during the murder. Montejo later confessed to the killing. During trial, Montejo changed his story and argued that there was a mystery killer who came to the home at the same time Montejo arrived to interview for a job with Ferrari’s dry-cleaning business. He said he confessed because he was afraid of the repercussions of ratting out the real killer. Prosecutor(s): Scott Gardner, Ronnie Gracinette Defense lawyer(s): Jim Williams Sources: New Orleans Times Picayune 3/6/05 (2005 WLNR 3501772), 3/7/05 (2005 WLNR 3501924), 3/9/05 (2005 WLNR 3715024), 3/10/05 (2005 WLNR 3715442), 3/11/05 (2005 WLNR 3865753). Sentenced to death in George County, Mississippi By: A jury Date of crime: 8/27/2004 Prosecution’s case/defense response: Goff murdered his girlfriend by crushing her head in a nightstand drawer and by using the metal track to slash her throat and mutilate the body. Brandy Stewart Yates, 29, was found dead in her hotel room, her body organs had been thrown about the room and had toothpicks sticking out of them, and the room has been set on fire. Yates planned to return to her husband, and prosecutors argue Goff knew that and wanted revenge. The defense argued that Yates’ husband was the more likely killer. Goff said when he went to the hotel room found Yates’ body already mutilated. Goff said he was worried he would be blamed because of his criminal past, so he burned the room and left the crime scene. The defense said DNA testing should have been conducted; investigators did not conduct the testing when Goff admitted to being at the crime scene. Authorities determined Yates’ husband had not been in the area at the time of the murder. Goff was diagnosed as psychotic and bi-polar. Prosecutor(s): Tony Lawrence, Kevin Bradley Defense lawyer(s): Defendant represented himself. Sources: Sun Herald (Biloxi, MS) 5/4/05 (2005 WLNR 6953463), 5/5/05 (2005 WLNR 7020607), 5/6/05 (2005 WLNR 7099984), 5/7/05 (2005 WLNR 7174826). Vincent McFadden – black, age 21 Sentenced to death in St. Louis County, Missouri By: A jury Date of crime: 7/3/2002 Prosecution’s case/defense response: McFadden was a member of a street gang. He fatally shot Todd Franklin, who had testified against two members of his gang in an earlier proceeding. After his cohort, Michael Douglas, shot Franklin first, McFadden finished him off, saying "I want to make sure you are dead" while standing over the prone Franklin and firing three shots into him. McFadden had also been convicted of firing shots into a car full of rival gang members. Further, the prosecution presented proof that he had killed his former girlfriend’s sister while she begged for her life. The defense claimed as to the Franklin murder that McFadden had an alibi. In mitigation the defense presented evidence of McFadden’s terrible childhood. Prosecutor(s): Mark Bishop, Dean Waldemer Defense lawyer(s): Sharon Turlington, Karen Kraft Sources: St. Louis Post-Dispatch 12/18/04 (2004 WLNR 14340273), 3/8/05 (2005 WLNR 3597490), 3/9/05 (2005 WLNR 3695974), 3/12/05 (2005 WLNR 3906294), 4/24/05 (2005 WLNR 6389760). Jeffrey Hessler – white, age 25 Sentenced to death in Scotts Bluff County, Nebraska By: A three-judge panel after a jury found aggravating circumstances Date of crime: 2/11/2003 Prosecution’s case/defense response: Hessler raped and killed 15-year-old Heather Guerrero execution style after he kidnapped her at the end of her paper route. Her body was found in the basement of an abandoned home. After he was arrested for the Guerrerro case, Hessler was convicted of raping another papergirl in a nearby city six months earlier. Hessler had confessed to authorities that he killed Guerrero to silence her about the sexual assault. During trial Hessler said the two had consensual sex and the shooting was a mistake. Hessler dismissed his attorneys before the sentencing phase of his trial and he submitted a statement to the court saying he deserved to die and he asked for a death sentence. Prosecutor(s): Doug Warner Defense lawyer(s): Jim Mowbray at guilt/innocent phase; Defendant represented himself at the penalty phase. Sources: Omaha World Herald 12/8/04 (2004 WLNR 60581188), 12/9/2004 (2004 WLNR 60581309), 12/10/04 (2004 WLNR 60581488), 12/26/04 (2004 WLNR 60583535), 5/16/05 (2005 WLNR 7738171), 5/17/05 (2005 WLNR7801391). Donte Johnson – black, age 21 (resentence after appellate reversal) Sentenced to death in Clark County, Nevada By: A jury Date of crime: 8/14/1998 Prosecution’s case/defense response: Johnson and two cohorts invaded a home, used duct tape to restrain the four occupants, and then shot each in the head. Afterwards Johnson laughed about the noises the men made as they were being shot. Johnson also had a long criminal record, including another attempted murder that left the victim paralyzed. Further, his behavior in jail included trying to orchestrate a murder, threatening a woman over the phone, and participating in tossing another prisoner off a balcony at the jail. The defense presented evidence of Johnson’s terrible childhood in the slums of Los Angeles. Prosecutor(s): Robert Daskas Defense lawyer(s): Bret Whipple, Alzora Jackson Sources: Las Vegas Review-Journal 4/26/2005 (2005 WLNR 6574506), 4/27/2005 (2005 WLNR 6627843), 4/29/2005 (2005 WLNR 6846429), 4/30/2005 (2005 WLNR 6846415). Sentenced to death in Lucas County, Ohio By: A jury Date of crime: 3/3/2004 Prosecution’s case/defense response: During a home invasion robbery of neighbor Mary Stevenson, who was afflicted with cerebral palsy, Frazier both strangled her and slashed her throat. Frazier had a significant criminal record. The defense argued that Frazier’s relatively advanced age should count in his favor in terms of sentencing and also presented a psychologist who believed the defendant to be borderline mildly mentally retarded and with a personality disorder. Prosecutor(s): Jim Braun Defense lawyer(s): Mark Berling Sources: The Blade 3/6/2004, 5/10/2005, 5/21/2005 (www.toledoblade.com). James Fisher, Jr. – black, age 19 (resentence after appellate reversal) Sentenced to death in Oklahoma County, Oklahoma By: A jury Date of crime: 12/12/1982 Prosecution’s case/defense response: Fisher was sent to death row for a 1983 murder, but he was granted a new trial in 2002. Fisher was uncooperative with his counsel. Fisher tried to convince jurors that he was not competent to stand trial. Fisher killed Terry Neal, 20, who was seeking a homosexual prostitute. Fadjo Johnson, a homosexual prostitute who was 15 at the time, testified at the first trial that the three of them went to Neal’s apartment where Fisher had sex with Neal and then killed him. At the second trial, a witness said Fisher and Neal were fighting and Fisher slammed a bottle over Neal’s head and then used the broken bottle to stab Neal in the neck. Prosecutor(s): Angela Wright, Fern Smith Defense lawyer(s): Craig Corgan, Matthew Haire, Mark Clayborne Sources: Fisher v. State, 736 P.2d 1003 (Okla. Crim. App. 1987); The Daily Oklahoman 6/13/03, 4/15/05, 4/29/05 (LEXIS USPAPR file). Jimmy Harris – white, age 45 (resentence after appellate reversal) Sentenced to death in Oklahoma County, Oklahoma By: A jury Date of crime: 9/1/1999 Prosecution’s case/defense response: Harris shot Merle Taylor, 63, twice in the back as Taylor was trying to protect his daughter-in-law and Harris’ ex-wife. Harris was convicted and sentenced to die for killing Taylor, and was sentenced again to death in a re-sentencing trial. Harris was also convicted of beating and shooting his estranged wife, who survived, during a separate altercation. Harris admitted to the shootings. Prosecutor(s): Wes Lane, Connie Pope Defense lawyer(s): Unknown Sources: Daily Oklahoman 10/24/2001, 10/4/2002, 2/1/2005 (LEXIS USPAPR file). Sentenced to death in Oklahoma County, Oklahoma By: A jury Date of crime: 4/12/2003 Prosecution’s case/defense response: Jones’ girlfriend had an argument with him by telephone about his drinking. Shortly thereafter he burst into the home where she was staying and began firing, killing Joel Platt, Pamela Karr and Brian Galindo. He also injured two other people. Jones claimed self defense. Prosecutor(s): Sandra Elliott, Cassandra Williams Defense lawyer(s): Tom Kite Sources: Daily Oklahoman (Oklahoma City) 4/16/2003, 4/26/2003, 11/22/2003, 5/20/2005 (LEXIS USPAPR file). Richard Malone – white, age 28 Sentenced to death in Comanche County, Oklahoma By: A jury Date of crime: 12/26/2003 Prosecution’s case/defense response: Malone shot Nikky Green, a 35-year-old State Trooper, twice in the back of the head execution style. Malone was operating a meth lab in his vehicle when Green pulled him over. Malone seized Green’s gun in a struggle and shot Green with his own weapon. Part of the struggle was caught on Green’s dashboard video camera. The defense argued Malone was in a drugged stupor and didn’t know what he was doing; Malone said he thought that he was being robbed, and said voices in his head instructed him to kill Green. The defense also argued that the drug use interfered with his ability to have performed the murder with the requisite intent of first-degree murder. Prosecutor(s): Robert Schulte Defense lawyer(s): Cheryl Ramsey, Don Gutteridge Sources: PEOPLE 2/16/2004 (2004 WLNR 17903848); The Daily Oklahoman 5/19/2005 (LEXIS USPAPR file); Muskogee Daily Phoenix and Times Democrat 5/20/2005 (2005 WLNR 8061757). Sentenced to death in Philadelphia County, Pennsylvania By: A jury Date of crime: 12/1/2002 Prosecution’s case/defense response: Bond and his cohort, Christopher Smith (see below), were members of the "Manny Boo" drug gang. They killed another man on a street corner by firing more than 30 shots. Another man was injured. The two shot another victim to death in broad daylight in an alley. Prosecutor(s): Ed McCann Defense lawyer(s): Bobby Hoof Sources: Philadelphia Daily News 11/12/2004 (2004 WLNR 9691168), 12/30/2004 (2004 WLNR 15483385), 5/13/2005 (2005 WLNR 7548236). Jerry Chambers – black, age 32 Sentenced to death in Philadelphia County, Pennsylvania By: A jury Date of crime: 8/17/2003 Prosecution’s case/defense response: Chambers killed 20-pound, 3-year-old, Porchia Bennett by throwing her into a radiator after he found her watching him have sex with her aunt. The girl and her three older sisters were frequently beaten. Chambers, Porchia’s mother, and Porchia’s aunt beat the girls with fists and broomsticks and whipped the girls with extension cords and belts. Chambers also molested the three older sisters. The defense argued Chambers could not have formed intent to kill because his mind was fogged by drug use. Chambers rejected a plea bargain that would have resulted in a life sentence if he waived his right to appeal. There was conflicting testimony regarding whether Chambers suffered mental illness. Prosecutor(s): Richard Sax Defense lawyer(s): Norman Scott, Charles Mirachi III Sources: Philadelphia Inquirer 5/26/2005 (2005 WLNR 8323154), 5/27/2005 (2005 WLNR 8391486). Michael Pruitt – black, age 38 Sentenced to death in Berks County, Pennsylvania By: A jury Date of crime: 9/28/2002 Prosecution’s case/defense response: Pruitt invaded the home of 69-year old Greta Gougler, robbed, sexually abused and strangled her. The defense argued that Pruitt was high on crack cocaine at the time and did not intend to kill the victim. Prosecutor(s): Unknown Defense lawyer(s): P. David Maynard Sources: AP Alert – Pennsylvania (5/4/05 APALERTPA 12:47:00). Christopher Smith – black, age 21 Sentenced to death in Philadelphia County, Pennsylvania By: A jury Date of crime: 12/1/2002 Prosecution’s case/defense response: Smith and his cohort Aquil Bond (see above) were members of the "Manny Boo" drug gang. Smith and Bond fired more than 30 shots in the street corner killing of Abdul Brooks, which injured another person. He also participated in a home invasion of rival dealers where a child watched as they tied up his mother, cornered his father and shot both in the head. Not long after, he participated in the kidnapping of another drug dealer who was shot with an assault rifle, abused and his corpse hit with bricks. Finally, his weighted body was tossed into a river. Prosecutor(s): Ed McCann Defense lawyer(s): Gary Server Sources: Philadelphia Daily News 11/12/2004 (2004 WLNR 9691168), 5/13/2005 (2005 WLNR 7548236). Sentenced to death in Clinton County, Pennsylvania By: A jury Date of crime: 3/25/2003 Prosecution’s case/defense response: Walter killed her neighbor, James Sementelli, 83, as part of a gang initiation and robbery. Walter slashed Sementelli 66 times with a 10-inch hatchet as he begged for his life. Witnesses also said that during the killing, she stopped to say the Lord’s Prayer, carved a cross in the victim’s stomach as he was dying, watched television, and ate ice cream. She then took $510 and Sementelli’s car. The defense argued (for a reason not specified in the news report) that Walter was not eligible for the death penalty under Pennsylvania law Prosecutor(s): Ted McNight Defense lawyer(s): Stephen Smith Sources: Centre Daily Times (State College, PA) 4/19/05 (2005 WLNR 6063491), 4/20/05 (2005 WLNR 6122408). Luzenski Cottrell – black, age 25 Sentenced to death in Horry County, South Carolina By: A jury Date of crime: 12/29/2002 Prosecution’s case/defense response: Cottrell shot to death Joe McGarry, a 28-year-old police officer, during a chance meeting. When McGarry ran into Cottrell outside a donut shop, he checked with Cottrell to see if he had taken care of tickets regarding drug offenses that McGarry had given Cottrell a few weeks prior. Without warning, Cottrell pulled out a gun and began firing; he shot McGarry in the face. Cottrell then shot at another police officer. During the penalty phase, the prosecution introduced evidence of two other murders Cottrell was charged with, but had not yet been tried for. Before closing statements Cottrell admitted to shooting McGarry and asked the jury to spare his life for his 3-year-old daughter’s sake. Prosecutor(s): Greg Hembree Defense lawyer(s): William Nettles Sources: Myrtle Beach Sun News 4/5/2005 (2005 WLNR 5277594), 4/6/2005 (2005 WLNR 5341291), 4/7/2005 (2005 WLNR 5474703), 4/8/2005 (2005 WLNR 5771136); AP Alert – South Carolina 4/7/2005 (4/7/05 APALERTSC 04:01:59). Sentenced to death in Shelby County, Tennessee By: A jury Date of crime: 9/16/2002 Prosecution’s case/defense response: Banks killed Kadhem Al-Maily and permanently disabled Hussain Altilebawi. Banks and his co-defendant, Michael Hilliard, took cash, clothing, stereo equipment, and two vehicles from the victims. After shooting Altilebawi three times, Banks forced Al-Maily to lie face down on the ground; Al-Maily was shot in the back of the head execution style. Though Banks considered the two victims his friends, he told authorities he shot them because he thought he had been defrauded and the men were also having a quarrel over a woman. Prosecutor(s): Karen Cook; Stacy McEndree Defense lawyer(s): Unknown Sources: Memphis Commercial Appeal 4/12/2005 (2005 WLNR 5749311); AP Alert – Tennessee 4/11/2005 (4/11/05 APALERTTN 20:41:46). Jimmie Lucero - Latino, age 45 Sentenced to death in Potter County, Texas By: Unknown Date of crime: 9/6/2003 Prosecution’s case/defense response: Lucero killed three members of a neighboring family, Fabiana, Pedro and Maria Robledo, severely wounded another daughter, and tried to kill another family member. Pedro Robledo was shot on the street in front of his house and Lucero then broke into the home to kill the two women. Lucero had several other serious assaults that were proven by the prosecution. For the defense in mitigation family members testified to aspects of Lucero’s good character. Prosecutor(s): Randall Sims Defense lawyer(s): Joe Marr Wilson, Max Peck Sources: AP Alert – Texas 5/28/2005 (5/28/05 APALERTTX 10:50:50); Amarillo Globe-News 5/24/2005, 5/25/2005, 5/26/2005, 5/27/2005 (www.amarillo.com). Moises Mendoza – Latino, age 20 Sentenced to death in Collin County, Texas By: A jury Date of crime: 2004 Prosecution’s case/defense response: Mendoza kidnapped, sexually assaulted and strangled to death Rachel Tolleson. He then burned the body. In aggravation the prosecution proved an escalating pattern of violence by Mendoza that included several rapes and robberies. In mitigation the defense presented family members who described Mendoza as a caring person who began to act differently in his late teenage years as he manifested symptoms of deep depression. Prosecutor(s): Greg Davis Defense lawyer(s): Angela Ivory Sources: Dallas Morning News 6/24/2005, 6/30/2005 (LEXIS, USPAPR file). Chelsea Richardson – white, age 19 Sentenced to death in Tarrant County, Texas By: A jury Date of crime: 12/11/2003 Prosecution’s case/defense response: Richardson suggested to her boyfriend the idea of killing his parents for insurance money. Two months later she helped him fatally shoot and stab the victims, Rick and Susanna Wamsley, in their home. Richardson rejected a plea deal that would have taken the death penalty off the table. Prosecutor(s): Mike Parrish Defense lawyer(s): Warren St. John, Terry Barlow Sources: Fort Worth Star-Telegram 5/25/2005 (2005 WLNR 8253652), 5/26/2005 (2005 WLNR 8325465). Christopher Swift – white, age 28 Sentenced to death in Denton County, Texas By: A jury Date of crime: 4/30/2003 Prosecution’s case/defense response: Swift stabbed and strangled his 27-year-old pregnant wife, Amy Sabeh-Swift, and then traveled to another county where he strangled his mother-in-law, Sandra Sabeh, 61. He had his 5-year-old son with him during the killings. After killing the women, Swift and his son checked into a hotel where Swift abandoned the child after he fell asleep. Testimony indicated Swift killed his wife after they had a dispute because he quit his job. The defense argued Swift was insane at the time of the slayings. Prosecutor(s): Lee Ann Breading Defense lawyer(s): Derek Adams Sources: Fort Worth Star-Telegram 3/8/2005 (2005 WLNR 4819429), 4/7/05 (2005 WLNR 5427661), 4/8/2005 (2005 WLNR 5496333). Anthony Juniper – black, age 32 Sentenced to death in Norfolk County, Virginia By: A jury Date of crime: 1/16/2004 Prosecution’s case/defense response: Juniper killed four people in his ex-girlfriend’s apartment. He stabbed his ex-girlfriend, Kesia Stephens, 27, and shot her three times. He killed two of Stephens’ daughters whose bodies were lying across their mother. Two-year-old, Shearyia, was shot in the head and still had Stephens’ hair in her hand. The bullets that killed her mother, first hit Shearyia’s legs. Four-year-old Nykia was also shot in the head. Nineteen-year-old Ruben Harrison III, Stephens’ brother, was killed when he was shot three times in the back. The prosecution presented DNA evidence, eyewitness testimony, and fingerprints. The defense argued that the witnesses were not credible and also argued the fingerprints and DNA could have been left during a prior visit. During the penalty phase, the prosecution presented evidence of Juniper’s abusive behavior. Prosecutor(s): Philip G. Evans III, John R. Doyle III Defense lawyer(s): B Thomas Reed, Cynthia Garris Sources: Virginia Pilot and Ledger-Star (Norfolk) 1/12/2005 (2005 WLNR 1390178), 1/13/2005 (2005 WLNR 1390218), 1/14/2005 (2005 WLNR 1216121), 1/19/2005 (2005 WLNR 1373644), 4/2/2005 (2005 WLNR 5443165). Sentenced to death by U.S. Military By: A military jury Date of crime: 3/23/2003 Prosecution’s case/defense response: The night before U.S. troops were to invade Iraq, Sgt. Akbar threw grenades into three tents and then fired his M-4 carbine in his military camp in Kuwait. Two officers were killed and 14 other military personnel were injured. Sgt. Akbar, who suffers from mental illness and a sleep disorder, said he was afraid soldiers would harm fellow Muslims. Army Capt. Christopher Seifert, 27, was killed when he was shot in the back and Air Force Maj. Gregory Stone, 40, was killed after he endured 83 shrapnel wounds. Akbar’s diary was brought into evidence and revealed that he was hostile toward Caucasians and had long considered murder. Prosecutor(s): Lt. Col. Michael E. Mulligan Defense lawyer(s): Maj. David Coombs Sources: Daily Telegraph (UK) 4/30/2005 (2005 WLNR 6751824); Australian 4/30/2005 (2005 WLNR 6719377); Detroit Free Press (MI) 5/4/2005 (2005 WLNR 6964861); Army 6/1/2005 (2005 WLNR 9346396). |
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