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Jury Center :: Capital Case Data Project ::
Case details -3rd quarter of 2005 (July, August, September) Sentenced to death in Jefferson County, Alabama By: A judge, overriding a 7–5 jury recommendation for life in prison without parole Date of Crime: 6/17/2004 Prosecution’s case/defense response: Police officers went to a known crack house to serve an arrest warrant for Nathaniel Woods. Spencer dealt drugs out of the crack house and was friends with Woods. When the police officers entered the crack house, Spencer opened fire on the officers with a high power assault rifle. Spencer killed police officers Carlos Owen, Charles Bennett, and Harley Chisholm III. Officer Michael Collins was also wounded and testified at Spencer’s trial. The prosecution argued that Spencer should be sentenced to death because he killed police officers who were protecting the community. The defense argued the murders were not premeditated and that Spencer acted in self defense when the police officers burst into the house. The jury recommended a life sentence, which the judge overrode when he sentenced Spencer to death. Prosecutor(s): David Barber, Mara Sirles Defense lawyer(s): Michael Blalock Sources: AP Alert – Crime 6/21/2005 (6/21/05 APALERTCRIM 04:45:01), 9/23/2005 (9/23/05 APALERTCRIM 16:40:19); Birmingham Post-Herald 6/23/2005 (2005 WLNR 9939515); Birmingham News 9/23/2005 (2005 WLNR 18813355). Sentenced to death in Maricipa County, Arizona By: A jury Date of Crime: 9/2002 – 4/2003 Prosecution’s case/defense response: Over seven months, Morris lured five women to his camper, including three prostitutes, a developmentally disabled woman, and a friend. Morris strangled the women during sex and kept their decomposing bodies on the floor of his camper where he continued to have sex with their corpses. Morris eventually disposed of their badly decomposing bodies in an alley. Morris was caught when his uncle investigated the smell and swarm of flies around Morris’ camper. Morris’ final victim was lying on the floor of the camper. The prosecution presented DNA evidence which linked Morris to each of the bodies. The defense argued the murders were not premeditated. Morris was also suspected in another murder but was never charged. Prosecutor(s): Juan Martinez Defense lawyer(s): James Logan Sources: Arizona Republic 7/12/2005 (2005 WLNR 10955801), 7/15/2005 (2005 WLNR 13374569), 7/22/2005 (2005 WLNR 13901681). Justin Anderson – black, age 19 (re-sentence after an appellate reversal) Sentenced to death in Lafayette County, Arkansas By: A jury Date of Crime: 10/12/2000 Prosecution’s case/defense response: Anderson approached 87-year-old Clara Creech while she was gardening in her yard. Anderson shot Creech in the head and then burglarized Creech’s home. During police questioning, Anderson admitted killing Creech, told police there was no particular reason why he choose to kill Creech, and then led police to the gun he used to kill Creech. Anderson was also found guilty of attempted capital murder for shooting Roger Solvey during a robbery that occurred less than a week before killing Creech. Anderson’s first death sentence for killing Creech was overturned by the Arkansas Supreme Court because the jury did not consider mitigating circumstances. The Arkansas verdict form requires the jury to check one of four options regarding mitigating circumstances. The jury selected the option that no mitigating evidence was presented. However, Anderson had presented evidence that his mother was mentally retarded, he was put into the foster care system, and he was abused. Another option the jury could have selected was that the evidence presented was not convincing. Prosecutor(s): Brent Haltom, Mike Beebe, Clayton Hodges Defense lawyer(s): Janice Vaughn Sources: State v. Anderson, 163 S.W.3d 333 (Ark. 2004); The Commercial Appeal (Memphis, TN) 10/14/2000, 10/20/2000, 4/30/2004 (LEXIS USPAPR file). Sentenced to death in Sevier County, Arkansas By: A jury Date of Crime: 6/14/2004 Prosecution’s case/defense response: Thomas went on a crime spree in Oklahoma and Arkansas which included the murders of Mona Shelton and Donna Cary in Arkansas. Thomas shot Shelton and Cary execution style while robbing a monument store. Thomas then stole a car at gunpoint and was apprehended after a police chase. Thomas was also charged in Oklahoma with the murder of Geraldine Jones, which occurred during a home invasion robbery. Thomas’ criminal history included kidnapping and robbery convictions. Thomas had served nine years in prison and was released from prison a year before murdering Shelton and Cary. Prosecutor(s): Tom Cooper, Jay Metzger Defense lawyer(s): Tammy Harris Sources: AP Alert – AR 6/15/2004 (6/15/04 APALERTAR 03:54:47), 11/23/2004 (11/23/04 APALERTAR 14:19:46), 9/23/2005 (9/23/05 APALERTAR 10:04:30), 9/27/2005 (9/27/05 APALERTAR 02:05:18), 9/29/2005 (9/29/05 APALERTAR 04:14:57). Alejandro Avila – Latino, age 28 Sentenced to death in Orange County, California By: A jury Date of Crime: 7/15/2002 Prosecution’s case/defense response: Avila kidnapped 5-year-old Samantha Runion while she was playing outside her home, sexually assaulted her, and suffocated her. He left her beaten body in the mountains. Avila was identified from a police sketch. The prosecution’s evidence included bank and phone records showing Avila was in the area when the kidnapping occurred, Avila’s DNA under Runion’s fingernails, Runion’s DNA in Avila’s car, and shoe and tire prints near Runion’s body matching with Avila. The prosecution also presented testimony from other girls who Avila had sexually assaulted. The defense contested guilt by arguing the prosecution’s case was based on weak circumstantial evidence and that the prosecution’s timeline for the crime did not make sense. During the penalty phase, the defense presented evidence of Avila’s brutal childhood which included physical and sexual abuse. Prosecutor(s): David Brent, Tony Rackauckas Defense lawyer(s): Denise Gragg, Philip Zalewski Sources: Daily Breeze (Torrance, CA) 4/29/2005 (2005 WLNR 6729074); Contra Costa Times (Walnut Creek, CA) 5/17/2005 (2005 WLNR 7770696); Los Angeles Times 5/17/2005 (2005 WLNR 7738370). Sentenced to death in Los Angeles County, California By: A jury Date of Crime: 5/4/2002 Prosecution’s case/defense response: Govin was found guilty of four counts of murder, robbery, burglary, and arson. Govin, along with his brother and Carlos Amador, went to Gita Kumar’s house. Govin and his cohorts strangled Kumar, Kumar’s 18-year-old son Plara Kumar, Kumar’s 16-year-old daughter Tulsi Kumar, and Kumar’s mother-in-law Sitaben Patel. They then set Kumar’s home on fire. The murders were over a business rivalry with Kumar. Govin’s cohort, Amador, admitted to the murders and testified against Govin and Govin’s brother, who was also sentenced to death. Prosecutor(s): Eleanor Hunter Defense lawyer(s): Unknown Sources: Daily Breeze 5/27/2004 (2004 WLNR 17174397), 4/5/2005 (2005 WLNR 5277801). Sentenced to death in Los Angeles County, California By: A jury Date of Crime: 11/12/2000 Prosecution’s case/defense response: Powell was convicted of sexually assaulting and murdering Tammy Epperson. Prosecutor(s): Vivian Moreno Defense lawyer(s): Unknown Sources: Indictment of Troy Lincoln Powell. Sentenced to death in Fresno County, California By: A jury Date of Crime: 3/12/2004 Prosecution’s case/defense response: Wesson ran a cult-like family organization which included home schooling, extreme religious teachings that promoted suicide, polygamy, and incest and rape of his daughters and nieces. Wesson would begin to sexually abuse his daughters and nieces when they were eight years old, marry them, and father children with them. When police were called to his house, Wesson emerged with blood on his clothes and nine of his children were dead in a pile on the bed. Wesson had directed his adult daughter to kill eight of her siblings and then commit suicide. The defense contested guilt by arguing that Wesson did not physically pull the trigger that killed his nine children. The prosecution argued it did not matter who pulled the trigger because Wesson directed the murders and controlled all of the women in the house. Wesson was found guilty of nine counts of murder, nine counts of rape, and five counts of continuous sexual abuse. During the penalty phase, the defense argued Wesson should not be put to death because he had an obvious mental illness and did not actually fire the gun. Prosecutor(s): Lisa Gamoian, Elizabeth Egan Defense lawyer(s): Peter Jones, Ralph Torres Sources: Marin Independent Journal 3/14/2004 (LEXIS USPAPR file); Los Angeles Times 6/4/2005, 6/18/2005, 6/30/2005 (LEXIS USPAPR file). Sentenced to death in Broward County, Florida By: A judge, after a 9-3 jury recommendation for death Date of Crime: 3/11/2002 Prosecution’s case/defense response: Hojan and his cohort, Jimmy Mickel, went to a Waffle House where they ate breakfast. After they were done eating, they robbed the restaurant. Hojan and Mickel forced three Waffle House employees into the walk-in-freezer where all three were shot execution style. As a result of the shooting, 17-year-old Christina De La Rosa and 29-year-old Willie Absolu died. Barbara Nunn survived the shooting and identified Hojan as the triggerman and Mickel as his accomplice. During the penalty phase Hojan did not let his lawyers present any evidence, but the judge appointed a defense attorney to determine whether there were any mitigating circumstances. Upon sentencing the judge discussed the cruelty of the crime, the terror the victims felt, and that Hojan had a lack of remorse. Prosecutor(s): Michael Satz Defense lawyer(s): John Cotrone, Mitch Polay Sources: South Florida Sun-Sentinel 2/5/2004 (2004 WLNR 67631423); Miami Herald 4/15/2004 (2004 WLNR 75369307), 8/3/2005 (2005 WLNR 12166354). Christopher Offord – white, age 29 Sentenced to death in Bay County, Florida By: A judge, after a 12-0 jury recommendation for death Date of Crime: 7/31/2004 Prosecution’s case/defense response: Offord killed his wife because she wanted to cuddle after they had sex, which was contrary to Offord’s desire to watch a sport’s program to see clips of the Mike Tyson fight. Offord’s wife, Dana Noser, asked Offord to come back to bed and cuddle with her. Instead of returning to bed, Offord went to the kitchen and gathered a roll of duct tape and a knife. Offord then went into the bathroom and turned on the water so that Noser would not hear him ripping a piece of duct tape off the roll. Offord then attacked Noser while she was lying in bed. He duct taped Noser’s mouth and stabbed her in the face until the knife bent. He then grabbed a claw hammer from a table beside the bed and beat her over 70 times with the claw hammer. After he was done beating her, he wrapped her in a blanket and left her on the floor. Offord watched television and would kick Noser when she made gurgling noises. Offord told police that he had killed his wife, had been thinking of killing his wife for weeks, and decided to kill her when he was annoyed that she kept talking to him when he wanted to watch television. Offord pled guilty and claimed he wanted to be sentenced to death because he deserved to die, which Offord’s mother and Noser’s family agreed with. During the penalty phase, Offerd claimed he did not have any mental problems but had previously tricked doctors into believing he had mental health issues. Offord claimed he had substance abuse problems. Prosecutor(s): Unknown Defense lawyer(s): Walter Smith Sources: Bradenton Herald (Bradenton, FL) 8/5/2005 (2005 WLNR 12315133); Fort Worth Star-Telegram 8/5/2005 (2005 WLNR 12319568); Miami Herald 8/5/2005 (2005 WLNR 12304522); Tallahassee Democrat 8/5/2005 (2005 WLNR 12310234). Sentenced to death in Polk County, Florida By: A judge, after a 12-0 jury recommendation for death Date of Crime: 10/12/2001 Prosecution’s case/defense response: In the middle of the night, Poole broke into the home of Noah Scott and Scott’s five-month-pregnant finance. Poole beat Scott to death with a tire iron and raped and attempted to kill Scott’s fiancé, who survived and later gave birth to Scott’s son. Pool was connected to the murders through DNA from the rape, by selling stolen items from Scott’s house that were splattered with blood, and the tire iron that was found discarded near Poole’s house. During the guilt phase, Poole argued that he had an accomplice who killed Scott but admitted to raping Scott’s fiancé. During the penalty phase, the defense presented testimony from two mental health experts who testified that Poole was addicted to cocaine and alcohol, had a low intellect, and moderate brain damage from falling out of a tree and falling from a motorcycle. Poole’s mental health experts also testified that Poole was not insane or mentally retarded. Poole never apologized or showed any remorse. Prosecutor(s): John Aguero Defense lawyer(s): Rex Dimmig Sources: Ledger (Lakeland, FL) 4/28/2005, 5/3/2005, 5/5/2005, 8/26/2005 (LEXIS USPAPR file). Thomas Woodel – white, age 26 (re-sentencing after an appellate reversal) Sentenced to death in Polk County, Florida By: A judge, after a 7-5 jury recommendation for death Date of Crime: 12/31/1996 Prosecutor’s case/defense response: Woodel stabbed Bernice and Clifford Moody to death in their home. Woodel lived in the same trailer park and was walking home when he saw Bernice Moody and approached her to ask the time. He stabbed her over 56 times and then stabbed her husband eight times. When Woodel was arrested he confessed to the murders and said he did not know why he killed Bernice and Clifford. During the penalty phase, the defense presented evidence of Woodel’s clean criminal history and that his childhood included abuse and neglect. Woodel’s first death sentence was overturned because the trial judge did not expressly evaluate the mitigating circumstances in the sentencing order. Prosecutor(s): Paul Wallace Defense lawyer(s): Gil Colon Jr. Sources: Orlando Sentinel 7/21/2003 (2003 WLNR 59878093), 7/21/2004 (2004 WL 85666448); Miami Herald 7/3/2005 (2005 WLNR 10476841). Sentenced to death in Wayne County, North Carolina By: A jury Date of Crime: 2002 Prosecution’s case/defense response: Lane kidnapped and raped five-year-old Precious Whitfield. Lane killed Whitfield by stuffing her in a trash bag and throwing her into a river. The prosecution presented hair and DNA evidence. During the penalty phase, Lane did not offer any evidence or give a closing statement. Prosecutor(s): Unknown Defense lawyer(s): Unknown Sources: AP Alert – NC 6/22/2005 (2005 APALERTNC 16:48:09), 7/8/2005 (2005 APALERTNC 21:35:37), 7/11/2005 (2005 APALERTNC 22:28:46). Dane Locklear – Native American, age 29 Sentenced to death in North Carolina By: A jury Date of Crime: 2/27/2000 Prosecution’s case/defense response: Locklear and Frances Persad were arguing about Persad’s missing gun when Locklear hit Persad in the back of the head, knocking her unconscious. Locklear set Persad’s house on fire and Persad died of smoke inhalation and carbon monoxide poisoning. The prosecution presented a video tapped confession that Locklear made to police. During the penalty phase, the defense argued Locklear was verbally and physically abused as a child. The defense also presented evidence that Locklear was mentally retarded based on a low IQ. Locklear is also charged in the similar death of Cynthia Wheeler in 1997. Prosecutor(s): Johnson Britt Defense lawyer(s): Donald Bullard, William Davis Sources: The Robersonian (www.robersoian.com/articles). William Raines – white, age 26 Sentenced to death in Henderson County, North Carolina By: A jury Date of Crime: 12/11/2002 Prosecution’s case/defense response: The Holder family took in Raines when he was nine-years-old, after Raines was abandoned by his mother and his father died. Philip Holder and Rains had a brotherly relationship. Years later, after Raines served a prison sentence, Phillip Holder and his wife, Pam Holder, gave Raines a place to live. Raines stole the Holders’ credit card and police caught Raines trying to use the credit card. The Holders refused to press charges and instead asked Raines to move out of the house. Raines responded by beating Phillip and Pam Holders with a wrench and shooting them. During the penalty phase, the defense presented evidence that Raines had a personality disorder as a result of early childhood abuse and adult drug abuse. The prosecution offered evidence that Raines did not kill the Holders as a result of a personality disorder but instead needed money to buy crack cocaine. Prosecutor(s): C.C. Walker Defense lawyer(s): Vince Rabil, Mike Klinkosum Sources: Asheville Citizen Times 9/7/2005 (2005 WLNR 14133457), 9/10/1005 (2005 WLNR 14476542); AP Alert – NC 9/10/2005 (2005 APALERTNC 03:21:13). Sentenced to death in Harnett County, North Carolina By: A jury Date of Crime: 2003 Prosecution’s case/defense response: Taylor and his cohorts planned to rob a small general store. During the robbery, there was a shootout between the owners of the store and the robbers. Husband and wife owners, Joseph and Dawn Faciane, were both shot. Joseph Faciane died from the gunshot wounds and Dawn Faciane survived. Taylor’s cohort was also shot and killed during the shootout. Prosecutor(s): Unknown Defense lawyer(s): Unknown Sources: The News & Observer (Raleigh, North Carolina) 12/6/2003 (LEXIS USPAPR file). Delano Hale, Jr. – black, age 36 Sentenced to death in Cuyahoga County, Ohio By: A jury Date of crime: 6/21/2004 Prosecution’s case/defense response: Hale killed Douglas Green, a 46-year-old singer and music producer. Hale was staying at a hotel and Green was visiting Hale there to discuss a potential singing career. Hale shot Green four times in the head, wrapped Green’s naked body in trash bags, and left the body in a storage room next door to the room Hale was renting. Hale argued he killed Green in self defense after Green undressed and made sexual advances towards him. Hale said after shooting him twice, Green continued to approach him, so he reloaded and shot two more times. A coroner testified that would have been impossible. Hale was found four days after the slaying in Green’s vehicle. Hale had served two prior prison sentences before his arrest for killing Green. Prosecutor(s): Blaise Thomas; Jennifer Driscoll Defense lawyer(s): Ken Mullin Sources: Cleveland Plain Dealer 6/8/2005 (2005 WLNR 9108778), 6/17/2005 (2005 WLNR 9649400), 6/30/2004 (2005 WLNR 350508). Sentenced to death in Philadelphia County, Pennsylvania By: A jury Date of Crime: Early in 2003 Prosecution’s case/defense response: In broad daylight on the street in front of a high school that was letting out for the day, Brown saw victim Robert Crawford, against whom he had some sort of grudge. Brown chased Crawford in the presence of numerous witnesses and shot him to death. Brown was caught as he ran away from the scene, although he tried to hide the gun under a car before being captured. Brown declined a plea to a life sentence, despite the overwhelming evidence of his guilt. At the penalty phase the prosecution presented evidence that a month before Crawford’s murder, Brown had masterminded the robbery of a pharmacy during which his cohort Christopher Kennedy shot the store manager to death as the manager was trying to open the safe. It had been Brown’s idea to take hostages during the pharmacy robbery, and to shoot the manager in the leg to show that the robbers meant business. (Christopher Kennedy was sentenced to death in 2004 for the murder of the employee.) In mitigation Brown presented evidence that he had been physically abused as a child, and numerous family and friends who testified to his good qualities. Prosecutor(s): Goren Hackley Defense lawyer(s): Daniel Rendine, Judith Rubino Sources: Telephone interview with prosecutor Hackley, 11/7/05 Juan Castillo – Latino, age 21 Sentenced to death in Bexar County, Texas By: A jury Date of Crime: 12/3/2003 Prosecution’s case/defense response: Castillo and his cohorts planned the robbery of Tommy Garcia, Jr. Castillo’s girlfriend lured Garcia to an alley to have sex and do drugs. Castillo and his cohorts surprised Garcia in the alley where Castillo shot Garcia in the face. Castillo shot Garcia six more times as Garcia tried to run away. During the penalty phase, Castillo fired his attorneys and represented himself. Prosecutor(s): David Lunan Defense lawyer(s): Bill Harris, Denny Callahan Sources: San Antonio Express – News 5/4/2005, 8/26/2005, 8/31/2005, 9/2/2005 (LEXIS USPAPR file). Sentenced to death in Bexar County, Texas By: A jury Date of Crime: 2/29/2004 & 3/2/2004 Prosecution’s case/defense response: Espada was angry after being fired from his nightclub job and planned to kill his former boss, Luke Scott. Espada attempted to break into Scott’s apartment, but broke into the wrong apartment and suffocated Sandra Ramos. Three days later, Espada broke into Scott’s apartment and waited for Scott to come home. After Scott walked into the apartment, Espada shot him multiple times. Prosecutor(s): Kevin O’Connel Defense lawyer(s): Jeff Scott, Richard Langlois Sources: San Antonio Express-News 8/4/2005, 8/18/2005 (LEXIS USPAPR file); Austin American Statesman 8/19/2005 (LEXIS USPAPR file). Rodolfo Medrano—Latino, age 23 Sentenced to death in Hidalgo County, Texas By: a jury Date of crime: 1/5/03 Prosecution’s case/defense response: Medrano was one of several persons charged with the drug-related robberies at two homes in which six victims were killed by gunshots—some of them so bullet-riddled that they were scarcely recognizable. Medrano provided assault weapons used by fellow members of the Tri-City Bombers gang in the slayings (also sentenced to death arising was Humberto Garza—see 1st quarter). Medrano was also indicted in the slaying of four women in September, 2002. The slayings were allegedly ordered by the gang’s leader from prison to retaliate against a witness who had helped put him there—but it turned out that gang members attacked a carload of six women—killing four and wounding two—that did not contain the witness against whom the hit had been ordered. Prosecutor(s): Defense lawyer(s): Sources: APALERTTN 09:46:17 12/16/03, San Antonio Express-News 12/22/03 (2003 WLNR 16737519), AP Alert TX-21:26:14 11/26/08
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