Appendix E

Defendants Spared from Death Sentences by Sentencers

In order from highest number of Depravity Points to lowest (and if Depravity Points are equal, then in alphabetical order by defendant’s surname)

(Numbered with the prefix “SS” denoting “Sentencer  Spared”)

Age is given as of the time of the crime, although the age may be off by a year because of lack of knowledge of the defendant’s birthday in relation to the date of the crime.  When there are multiple murders with years in between, the defendant’s age at the time of the most recent murder is listed.

SS 1.  Terry Nichols, age 40

County and State: Oklahoma, Oklahoma

Date of crime: 4/19/95

Number of jurors for each verdict: The jury deadlocked after 3 days and 20 hours of deliberations.  One juror said as many as 8 of the 12 jurors agreed to impose a death sentence. 

Summary of facts of the crime: Nichols helped Timothy McVeigh create the bomb that exploded at the Oklahoma City federal building, killing 161 people.  Nichols was convicted of 161 counts of first-degree murder as well as one count each of first-degree arson and conspiracy.  (Nichols had already been sentenced to live without parole in 1998 on federal bombing charges.)

Any indication of the reason(s) the jury declined to impose the death penalty: Nichols never testified but submitted a lengthy written statement asking for forgiveness.  Some allege that he was spared because of a jailhouse conversion to Christianity gained him sympathy from the jury and lawyers from both sides agreed jurors were influenced by Nichols’ religious conversion.  Nichols was also portrayed as susceptible to manipulation by Timothy McVeigh.

Sources: Sunday Mail 6/13/2004 (2004 WL 76329688); Augusta Chronicle 8/8/2004 (2004 WL 89995855); Washington Post 6/13/2004 at http://www.washingtonpost.com/wp-dyn/articles/A37406-2004Jun12.html; The Daily Oklahoman 11/18/2004 (2004 WL 97832192)

SS 2.  Mervin Hughes, age 35

County and State: Alameda, California

Date of crime: Shooting spree began on 1/15/99 and ended 1/29/99

Number of jurors for each verdict: 10 jurors for death penalty and 2 for life sentence.

Summary of facts of the crime: Hughes conducted a two-week drive-by shooting binge during which he shot 11 people, killing 2 of them.  Hughes was convicted of 19 felony criminal counts, including murder, attempted murder and assaults with a gun.  Motives for the deeds ranged from revenge against someone for cooperating with police to the simple thrill.  Hughes showed no remorse for his deeds.  He had also killed a man in 1986 what police determined was a drug-related slaying.  For that he had pleaded guilty to a voluntary manslaughter and served 8 years.  He was also identified as the killer in a 1992 homicide.  Jurors heard testimony about both prior crimes.  (The prosecutor  chose to re-try the penalty phase, as is an option in California, and in 2005 Hughes was sentenced to death by the second jury.  He is still listed in the Sentencer Spared category for 2004, however, because of the deadlocked jury in the first penalty phase in 2004.) 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Oakland Tribune 6/4/2004 (2004 WL 79861093), 6/17/2004 (2004 WL 79861918), San Francisco Chronicle 3/17/05 (LEXIS, USPAPR file), 6/11/05 (LEXIS, USPAPR file)

SS 3.  Ronald Hinton, age 23

County and State: Cook, Illinois

Date of crimes: 12/96, 8/98, 2/99

Number of jurors for each verdict: Hinton pleaded guilty to the Merceda Ares murder and two other murders.  The judge imposed a life sentence. 

Summary of facts of the crime: Hinton went to Ares’s home to steal money.  Hinton raped and then strangled her to death so she could not report the crime.  Hinton also admitted to sexually assaulting and strangling Keary Gagnier and Felicia Mullins.  DNA evidence linked Hinton to all three murders.  Hinton was caught after using Ares ATM card.  His third grade daughter saw a picture of Hinton using the card on the news and told a teacher.  In mitigation, Hinton demonstrated remorse for the murders, was severely abused as a child, and abandoned by his family. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Chicago Sun-Times 5/12/2004 (LEXIS, USPAPR file); Chicago Tribune 5/12/2004 (LEXIS, USPAPR file), 8/25/2004 (LEXIS, USPAPR file), 12/22/2004 (LEXIS, USPAPR file)

SS 4, SS 5.  Keon Moses, age 21;  Michael Taylor, age 20 (both ages are at time of sentencing—both were juveniles when homicides began)

Federal - Maryland

Date of crime: A series of drug-related homicides that began in 1999

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Michael Taylor and Keon Moses were members of the Lexington Terrace Boys, a violent gang named for the public housing where its members were raised.  Authorities allege that the two, as teens, committed or were connected to as many as a dozen murders.  Prosecutors linked the boys to six homicides during the initial phase of the trial.  The boys sold crack on the streets and then began a killing rampage in the spring that had claimed at least 9 lives.  The centerpiece of the government’s case was an execution on September 23 where Taylor and Moses killed two men and wounded a third.  Those killings led to a string of others.  Derek Hamlin made it clear to Taylor he was angry about one of the deaths, and was killed along with a friend.  Two months later, Taylor shot to death a potential witness which was witnessed by a minister.  After that, Taylor went along with two other gunmen to kill a man who was thought to have killed the first two men that Taylor and Moses shot; Taylor went along to deflect suspicion about his own guilt.  The last victim had a falling-out with Taylor and was last seen with Taylor; his body has never been found.  The defense presented evidence of the defendant’s horrible upbringings in a now-demolished public housing complex.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown

Sources: Baltimore Sun 4/22/04 (2004 WL 76387239), 7/24/04 (2004 WL 84125081)

SS 6.  Darrell Stallings, age 32

County and State: Wyandotte, Kansas

Date of crime: 6/10/02

Number of jurors for each verdict (if available): Unknown.

Summary of facts of the crime: Stallings went on a shooting rampage and killed five.  Earlier in 2002, Stallings’ mother was robbed and beaten, and although two people were convicted of the crime Stallings believed his previous friends Anthony and Trina Jennings were involved.  Stallings and his accomplice, Errik Harris, went to a gas station, where Harris got in a fight and Stallings broke up the fight and shot at the assailants as they fled.  The defense argued, it was this event that triggered Stalling’s post-traumatic stress episode.  Stallings then went to Anthony Jennings’ home and shot Melvin Montague, 34, and Samantha Sigler, 24.  Stallings fired at Anthony Jennings, but did not kill him.  Stallings then went to Trina Jennings home and shot her at least seventeen times.  Later that night, Stallings shot Tameika Jackson, 24 and Destiny Wiles, 23.  The defense argued that Stallings could not be found guilty of premeditated murder because he was suffering from post-traumatic stress disorder.  The trauma resulted from witnessing his mother shoot his father as a child.   

Any indication of the reason(s) the jury declined to impose the death penalty:  Unknown. 

Sources: The Kansas City Star 10/29/2004 (2004 WL 96231099), 11/25/2004 (2004 WL 98605810), 12/8/2004 (2004 WL 101263603)

SS 7.  Matthew Eshbach, age 27

County and State: Chester, Pennsylvania

Date of crime: 11/22/02

Number of jurors for each verdict: Death sentence question not reached because the jury convicted him of second-degree murders, which are not death-eligible.

Summary of facts of the crime: Eshbach and Michael McGrory went to talk to Kerry and Katherine Schadler because McGrory thought the Schadlers had spoken to the police about a robbery ring McGrory was involved in.  (Eshbach was not part of the robbery ring, but his nephew was so he agreed to accompany McGrory.)  The Schadlers denied talking to the police, but Eshbach and McGrory bound, kidnapped, and strangled them, dumping their bodies. Katherine was 22 weeks pregnant, and begged for her life and that of her unborn child. 

Any indication of the reason(s) the jury declined to impose the death penalty: The jury convicted him of second-degree murders, which are not death-eligible offenses.

Sources: The Philadelphia Inquirer 6/10/04 (2004 WL 81207243), 6/18/04 (2004 WL 81208801), 6/20/04 (2004 WL 81209300), 6/29/04 (2004 WL 84019425)

SS 8.  Quang Bui, age unknown (re-sentencing after an appellate reversal)

County and State: Montgomery, Alabama

Date of crime: 2/5/86

Number of jurors for each verdict: 7-5 for life sentence.

Summary of facts of the crime: Bui slit his 3 children’s throats after their mother left him for another man.  He killed his children with a 14-inch butcher knife and it took up to ½ hour for them to die.  The defense brought in Bui’s coworkers and his former pastor to testify as to Bui’s good character.  They also had videotaped testimony of his family in Vietnam.  The defense argued that Bui killed his children as a result of post traumatic stress disorder brought on by his service in the Vietnam War; they also argued he suffered from depression, the loss of his family and from cultural isolation – “a good man swept away by war and by mental illness.”  Defense also put on evidence from 2 prison chaplains that testified that Bui was a devout Christian and a positive influence for other inmates on death row

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Montgomery Advertiser - 10/1/2004 (2004 WL 84753363), 10/2/2004 (2004 WL 84753415), 10/5/2004, (2004 WL 84753460); Bui v. State, 717 So.2d 6 (Ala. Crim. App. 1997)

SS 9.  Jonathan Mills, age 27

County and State: Waterbury, Connecticut

Date of crime: 12/17/00

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Mills was found guilty of 15 charges, including 3 counts of murder, 3 counts of capital felony and 6 counts of felony murder.  He fatally stabbed his aunt and her two children, who were 6 and 4 years old and confessed to doing it so he could steal his aunt’s ATM card to get money for drugs.  He stabbed his aunt 45 times and the children 6 times each in their mother’s bed.  The judge allowed Mills to address the jury without being sworn in nor having to face cross-examination, as long as he didn’t discuss evidence in the case.  As to other mitigating factors, there was evidence as to his rampant drug use, poor childhood, drunken father and some child abuse and the fact he has taken responsibility for the murders.  Mills is also accused of murdering Mindy Leigh, 20, in October 2000 dumping her body.   He faces a separate trial in that case.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown

Sources: The Hartford Courant 10/2/2004 (2004 WL 94691043), 10/5/2004 (2004 WL 94691398), 10/7/2004 (2004 WL 94691673), 10/19/2004 (2004 WL 94693639)

SS 10.  Ladon Stephens, age 33 

County and State: Multnomah, Oregon

Date of crime: 12/3/01

Number of jurors for each verdict: Unanimous jury verdict for a life sentence.  

Summary of facts of the crime: Stephens raped, sodomized, and killed, fourteen-year-old, Melissa Bittler.  At the time of the killing Stephens was on parole for an attempted kidnapping.  The evidence was based completely on DNA that was also tied to four rapes in 1997.   

Any indication of the reason(s) the jury declined to impose the death penalty: Bittler’s family supported a life sentence because of their disagreement with the death penalty.  Stephens also expressed remorse for the killing. 

Sources: The Oregonian 2/20/2004 (LEXIS, USPAPR file), 2/27/2004(LEXIS, USPAPR file), 3/5/2004 (LEXIS, USPAPR file), 3/9/2004 (LEXIS, USPAPR file), 3/11/2004 ( LEXIS, USPAPR file)

SS 11.  Timothy Woogerd, age 44

County and State: Franklin, Ohio

Date of crime: 12/9/03

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Woogerd set fire to his ex-wife’s home while she and her children slept.  His ex-wife, Robin, 41; his son, Thomas, 21 months; and his stepdaughter, Natalie, 12, were killed in the fire.  Woogerd’s other ex-wife testified he had previously threatened to burn her house down and owed her more than $3,000 in back child support.   

Any indication of the reason(s) the jury declined to impose the death penalty: The jury sentenced Woogerd 55 years to life because while they believed Woogerd set the fire they could not decide if he went there with the intent to kill his wife and children. 

Sources: The Columbus Dispatch 12/9/2004 (2004 WL 102490972)

SS 12.  Cody Lynn Nielsen, age 27

County and State: Cache, Utah

Date of crime: 6/24/00

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Nielsen kidnapped, 15-year-old, Trisha Autry and took her to a coyote research facility.  Nielsen dismembered Autry with an ax and a hacksaw, and then buried her body using a tractor.  Months later, Nielsen went back to burn her body to destroy any evidence of the crime.  Nielsen claimed he had consensual sex with Autry and she accidentally fell.  Nielsen did not present a defense or any witnesses.  In the penalty phase, Nielsen’s family pleaded for the jury to spare Nielson’s life. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Salt Lake Tribune 1/21/2004 (2004 WL 11391480), 1/23/2004 (2004 WL 11215226), Desert Morning News 1/28/2004(LEXIS, USPAPR file), 1/29/2004(LEXIS, USPAPR file), 2/10/2004 (2004 WL 16991733)

SS 13.  Keith Royal Phillips, age 20 (re-sentencing after an appellate reversal)

County and State: Pima, Arizona

Date of crime:  4/28/98

Number of jurors for each verdict: Unanimous for life sentence.  One juror commented that 11 jurors quickly rejected the death penalty.

Summary of facts of the crime:  Phillips and Marcus Lasalle Finch were convicted of 48 crimes and sent to death row in 1999 for three 1998 robberies which included the murder of Kevin Hendricks, a 34 year-old double amputee was shot to death as he tried to flee.  During one of those robberies, a waitress was shot and is now crippled.  Phillips was not the shooter but under the law, he can be held just as responsible as Finch for Hendricks’ death.  However, he did buy the weapons used in the robberies and sprayed bullets into a group of bar patrons, injuring several.

Any indication of the reason(s) the jury declined to impose the death penalty:  It seems that the jury felt that the death penalty didn’t fit the crime, since he was not the shooter.  The jurors didn’t feel he should be held as responsible as Finch.  The jurors also were impressed with Phillips’ own testimony and agreement to be cross-examined.

Sources: The Tucson Citizen 8/3/2004 (2004 WL 84732092), 9/18/2004 (2004 WL 84733478), 9/25/2004 (2004 WL 84733727); The Arizona Republic 10/4/2004

SS 14.  Andre Edwards, age 31

County and State: Nash, North Carolina

Date of crime: 6/30/01

Number of jurors for each verdict: Deadlocked 10-2 in favor of a death sentence.

Summary of facts of the crime: Ginger Hayes and her husband Jeremy were on their way home from visiting family when Jeremy and his wife’s teenage brother dashed into a drugstore at about 10 a.m. to get some snacks.  They left the car running with Ginger in the back seat changing 11-month-old Nicholas’ diaper.  The car was gone when they returned.  Edwards forced Hayes to get $100 with her ATM card from a grocery store.  He then drove mother and son to a remote field where he raped and fatally beat the 23-year-old mother with a 30-pound tire rim.  The baby was left in the field to die near his mother but survived with severe sunburn.  The defense attorneys focused on his wretched childhood.  When he was 6 years old, Edwards was given by his mother to pedophiles for their pleasure in return for money to buy liquor and drugs.  His mother also forced him to watch her have sex with other men and ultimately brought him into her bed while she was having sex.  He had a low IQ, suffers from a personality disorder and had a front lobe impairment to his brain.  On the day of the kidnapping, he was intoxicated from alcohol and cocaine used 8 hours before.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown. 

Sources: Daily Press 3/27/2004 (2004 WL 73501997); Cox News Service 3/26/2004 (2004 WL 74465152), 3/26/2004 (2004 WL 74465101)

SS 15.  LaTonya Taylor, age 23

County and State: Rutherford, Tennessee

Date of crime: 7/12/00

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Captain D’s workers Troy Snell, Scott Myers and Bryan Speight were shot dead at some time between 12:06 and 12:40 a.m.  Snell was shot to death in his car in the back of the store.  Myers and Speight were found in the walk-in cooler.  Myers on his side, his hands tied behind his head and Speight’s body was found in a kneeling position.  All 3 victims were shot in the head from the same .22 caliber handgun.  About $1600 was stolen from the store.  The believed motive is that Snell owed Taylor $400 for a drug debt.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Tennessean 9/2/2004 (2004 WL 91808598), 9/21/2004 (2004 WL 91810236), 9/23/2004 (2004 WL 91810585); The Commercial Appeal 9/29/2004 (2004 WL 94237355)

SS 16.  Bailey Lamar Jackson, age 30

County and State: Riverside, California

Date of crime: 5/13/01

Number of jurors for each verdict: 8-4 for life sentence.

Summary of facts of the crime: Jackson burglarized, robbed, and killed 81-year-old Geraldine Myers—her body was never found.  He also burglarized and sexually assaulted an 84-year-old woman, leaving her for dead, but she survived.  Jackson used a garden rake during the sexual assault. He had a substantial prior criminal record.  Jackson was initially identified by a bloodhound that followed the scent on a ripped-open money envelope from victim Myers’ home.  The envelope had been taken to the police station, and Jackson was there also.  The dog followed the scent from the envelope through the station to Jackson.  The defense attacked the reliability of this procedure.  In mitigation the defense presented evidence of Jackson’s troubled childhood.  As of the end of 2004, the District Attorney’s Office held open the option of re-trying the penalty phase to a new jury.

Any indication of the reason(s) the jury declined to impose the death penalty:  Unknown.

Sources: Press Enterprise (Riverside, CA) 10/26/04 (2004 WL 91978707), 11/30/04 (2004 WL 91982007), 12/10/04 (2004 WL 91983042), 12/16/04 (2004 WL 91983623), (2004 WL 91983787), 1/15/05 (2004 WL 62537951)

SS 17.  Jason Sam Campbell, age 21

County and State: Butler, Ohio

Date of crime: 2/23/03

Number of jurors for each verdict: 11-1 deadlock for death.

Summary of facts of the crime: Campbell killed Helen Riley, 55, and her husband, Donald, 44, in their home.  Campbell used to be friends with one of the Rileys’ relatives and had been to their house once before.  He broke into their house while they slept, asked them for money and when they refused, he attacked them in their bedroom.  He strangled Mr. Riley and then stabbed and slit Mrs. Riley’s throat.  He then stole $20, went out, got drunk and returned to sleep in a room adjacent to their corpses.  They were killed after Campbell escaped from a low-security corrections center.  Defense team argued mitigating factors such as: he was removed from his parents, was raped repeatedly, was placed in 27 different homes and has mental problems.  As a child, he was starved, sexually assaulted and severely beaten.  He had to take medication to control his behavior. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Cincinnati Enquirer 6/11/2004 (2004 WL 79968376), 6/15/2004 (2004 WL 79968635), 6/16/2004 (2004 WL 79968757); The Cincinnati Post 6/11/2004 (2004 WL 58460251), 7/9/2004 (2004 WL 58462068); Cox News Service 6/16/2004 (2004 WL 80955255)

SS 18.  Andrew Morgan, age 22

State: Louisiana

Date of crime: 9/10/02

Number of jurors for each verdict: Jury deadlocked 11-1 for death.

Summary of facts of the crime: Morgan murdered 81-year-old James Guillory by beating him to death and 78-year-old Ruth Guillory by stabbing her so badly he scalped and almost decapitated her.  Afterwards, he stole $800 and drove around in Ruth’s car until dumping it in a river.  The judge stated he was particularly startled by the brutality of the attacks and hoped someday Morgan would tell the Guillory families why he did committed such a severe attack.  Defense attorneys used witnesses to describe Morgan as a man with a long-term sustained drug addiction, low self-esteem and suicidal tendencies.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Baton Rouge Advocate 11/13/2004 (2004 WL 58420941), 11/20/2004 (2004 WL 58421749)

SS 19.  Quan Tatum, age 24

County and State: Franklin, Ohio

Date of crime: 5/29/03

Number of juror for each verdict: Unknown

Summary of the facts of the crime: Tatum and a cohort accosted a couple at gunpoint and forced them to the couple’s apartment to rob them of drugs.  The male of the couple scuffled with Tatum’s cohort, and the cohort shot and killed him.  The female of the couple was holding her 1-month-old son to her chest and begging for mercy when Tatum shot her.  The bullet killed the baby and wounded the mother.  In mitigation the defense offered evidence of Tatum’s harsh upbringing.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown. But at formal sentencing the judge opined that Tatum had “caught a break” when the jury did not sentence him to death.

Sources: Columbus Dispatch 2/28/04 (2004 WL 69866351), 3/13/04 (2004 WL 69868064), 4/16/04 (2004 WL 74718095)

SS 20.  Jessie Campbell III, age 20

County and State: Hartford, Connecticut

Date of crime: 8/26/00

Number of jurors for each verdict: 10-2 deadlock for death.

Summary of facts of the crime: Campbell killed 20 year old La-Taysha Logan, the mother of his young son in the head, and then shot and killed her friend, 18 year old Desiree Privette and then shot Privette’s aunt Caroline Privett, 39.   Though shot in the back of the head, Caroline Privett lived to testify against Campbell.  The judge stated this deadlock put him into uncharted territory and questioned both the prosecution and defense attorneys whether they wanted him to act as the 13^th juror.  There was no direction in the state’s practice book on how he should proceed after the jury deadlocked in the penalty phase. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Hartford Courant 6/14/2004 (2004 WL 82652347), 7/9/2004 (2004 WL 82656140); The Connecticut Law Tribune 7/12/2004 (30 Conn. L. Trib. 10)

SS 21.  Timothy Pilgreen, age 25

County and State: Bay, Florida

Date of crime: 10/29/03

Number of jurors for each verdict: Unanimous for life—jury deliberated for only 3 minutes before giving Pilgreen a life sentence.

Summary of facts of the crime: Pilgreen ran over six Michigan Outlaw motorcyclists with a stolen pickup truck killing Donald Dunham 61, and his wife Nola S. Zeitler, 47, as they were riding on a motorcycle after an altercation with the bikers at a fishing pier.  Pilgreen said he became angry after Dunham belittled him at the pier.  He said he would have continued his rampage if he had not crashed into a ditch.  He also told police he would have killed all the bikers if he had had a gun.  Even though Pilgreen wanted the death penalty, his lawyer argued for life, saying Pilgreen, who’s being treated for a bipolar condition, was suicidal when he committed the murders.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Miami Herald 10/9/2004 (2004 WL 94397495); Orlando Sentinel 10/9/2004 (2004 WL 94517507)

SS 22.  Coy Evans, age 32

County and State: Leon, Florida

Date of crime: 11/13/02

Number of jurors for each verdict: 9-3 for life.  The judge decided to go along with the jury’s recommendation and sentenced Evans to life.

Summary of facts of the crime: Evans was convicted of murder, burglary, armed kidnapping, armed robbery and fleeing and eluding law enforcement in the shooting death of Tallahassee police Sgt. Dale Green.  The 13-year-old police veteran had arrived to help two women who reported a home-invasion robbery.  Evans shot Green 6 times, once in the back of the head.  Evans’ attorneys had experts testify he had brain damage and was impaired by a cocaine addiction and learning disabilities.  However, the state countered that there was no evidence Evans was mentally or emotionally disturbed at the time of the shooting; and also mentioned Evans’ escape attempt from the jail.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown. 

Sources: The Tallahassee Democrat 10/3/2004 (2004 WL 92081418), 10/5/2004 (2004 WL 92081574), 10/21/2004 (2004 WL 92082622)

SS 23, SS 24.  Lloyd Johnson, age 29; Randell Leighty, age 23

County and State: Palm Beach County, Florida

Date of crime: 9/26/02

Number of jurors for each verdict: 7-5 for death in Johnson’s case.  10-2 in Johnson’s case for life sentence (the men were tried together but with two separate juries).

Summary of facts of the crime: Johnson and Leighty robbed a restaurant for $150 and then shot and killed Maria Ines Angarita, 63; her daughter Luz Marina Rincon, 46; and Amanda Rodriguez, 17, who waited on the two men.  Both men blame each other for the robbery and murders.  Leighty’s attorney argued that he had a borderline normal IQ, no criminal record and was the follower, not the leader, in the criminal act

Any indication of the reason(s) the jury declined to impose the death penalty: The two men were spared death sentences by the judge because of the uncertainty over which man was the killer; although the judge did believe the execution style slaying deserved the death penalty.

Sources:  South Florida Sun-Sentinel 6/11/2004 (2004 WL 82602665); The Palm Beach Post 6/11/2004 (2004 WL 79999937); West Palm Beach, Florida News Channel 25 (WPBFNews.com – 5/20/2004 at http://www.wpbfnews.com/news/3327196/detail.html); The Miami Herald (Herald.com – 5/11/2004 @ http://www.miami.com/mld/miamiherald/news/state/8636081.htm?1c)

SS 25.  David Amodio, age 36

County and State: Camden, Pennsylvania

Date of crime: 10/29/00

Number of jurors for each verdict: The six women and six man jury deliberated for over 30 hours and ended up convicting Amodio on the lesser charges of murder and aggravated manslaughter which do not carry a possible death sentence.

Summary of facts of the crime: Amodio killed fiancée Lisa Pimental, then poured gasoline and set fire to the home they shared to cover the crime.  Pimental’s 2-year-old son, Kollin, died in the fire.  Pimental died of a crushed skull, and authorities discovered a hammer near her body. Kollin died of smoke inhalation and burns.  It was also alleged that Amodio thwarted rescue efforts by telling a neighbor that the woman and child were in the back bedroom when they were in fact in the kitchen.  In addition to the murder and manslaughter charges, Amodio was convicted of arson, hindering apprehension and contempt of court.

Any indication of the reason(s) the jury declined to impose the death penalty: Because the jury cleared Amodio of the capital murder charge, by convicting him of manslaughter resulting from passion and provocation in Pimental’s case and of murder committed during another felony, the arson, in Kollin’s

Sources: The Philadelphia Inquirer 4/15/2004 (2004 WL 76227426).

SS 26, SS 27.  Donald Cole, age 25; Larry Johnson, age 20

County and State: Sussex, Delaware

Date of crime: 8/31/01

Number of jurors for each verdict: The jury recommended 7-5 that Cole be executed and 11-1 that Johnson be imprisoned for life.

Summary of facts of the crime:  Cole and Johnson broke into the house of Ethelda Nuriddin and Benjamin Jones planning to rob a drug dealer that they believed lived there but what they didn’t realize was that the drug dealer had moved out of the house.  They broke into the house and the couple’s 14 year-old son saw them and started yelling for his father.  As Jones walked out of his room, Cole fired several times, hitting him in the head and torso.  When Nuriddin walked out, she was shot once in the head.  As the couple lay on the floor, Johnson came up to the bodies and while standing over them, fired another shot into each of them.  Two children were at home when the slayings occurred.

Any indication of the reason(s) the jury declined to impose the death penalty: Although the jury recommended death for Cole, the judge imposed life sentences on both defendants.

Sources: The News Journal 7/21/2004 (2004 WL 77363112), 8/1/2004 (2004 WL 77363725), 8/11/2004 (2004 WL 89101473), 8/12/2004 (2004 WL 89101547), 9/3/2004 (2004 WL 89102639)

SS 28.  Lacey Givens, age unknown (see also Todd Givens, Appendix C)

County and State: Tulare, California

Date of crime: 4/01

Number of jurors for each verdict: Unanimous for life sentence.

Summary of facts of the crime:  Todd Givens lured a fellow white supremacist gang member and his wife to the Givens’ garage.  They argued, and Todd shot the man.  Todd’s wife Lacey threw him a sickle that he used to stab the victim several times.  Lacey shot the man’s wife in the head at close range with a sawed-off shotgun.  Afterwards, the couple loaded the bodies into the trunk of one of the victim’s car and then set the car on fire, burning the bodies beyond recognition. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Fresno Bee, 3/9/04 (2004 WL 65878919), 7/7/2004 (2004 WL 78239685).

SS 29.  Daniel Hairston, age 26 

County and State: Warren, Ohio

Date of crime: 1/6/2003

Number of jurors for each verdict: Panel of judges sentenced. 

Summary of facts of the crime: Hairston killed Ronald Rogers by strangling him, after stabbing him numerous times with handmade weapons in their prison cell at Lebanon Correctional Institution.  The defense argued Hairston was defending himself from Rogers when the attack happened.  A psychologist also testified Hairston acted in self defense.  Allegedly the fight began when Rogers accused Hairston of leaving lint on his television.  Several witnesses testified that Rogers fought with his last four cellmates.

Any indication of the reason(s) the jury declined to impose the death penalty: Hairston was mentally ill and had no history of violence. 

Sources: Dayton Daily News 12/9/2003 (LEXIS, USPAPR file), 1/10/2004 (LEXIS, USPAPR file), 1/13/2004 (LEXIS, USPAPR file).

SS 30.  Edward Hodge, age 36 

County and State: Franklin, Ohio

Date of crime: 3/13/02

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Hodge owed Ricky Palmer a few hundred dollars in drug debt.  Hodge and two other men went to Palmer’s home because Hodge had told his friends Palmer would be alone and he had $300,000 and drugs.  Ultimately, there Palmer did not have any money in the house.  Hodge killed Palmer in an execution style slaying and his common law wife, Denise Evans, was killed when she arrived home.  Palmer’s daughter found her parents dead when she returned home. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Columbus Dispatch 4/1/2003 (LEXIS, USPAPR file), 2/7/2004 (LEXIS, USPAPR file), 2/12/2004 (LEXIS, USPAPR file).

SS 31.  Jimmy Mickel, age 32

County and State: Broward, Florida

Date of crime: 3/02

Number of jurors for each verdict: Initially, 10 of the 12 jurors wanted to convict Mickel of the murder, but after nine hours of deliberations the jurors changed their minds and acquitted Mickel of the murders.   

Summary of facts of the crime: Mickel participated in the Davie Waffle House robbery, where restaurant employees, Christina Delarosa and Willy Absolu were murdered.  The prosecution argued that Mickel planned the robbery with another man and forced the employees into the freezer, where another man shot them.  The defense argued that Mickel did not know about the robbery and just went along with it because he was afraid. 

Any indication of the reason(s) the jury declined to impose the death penalty: Mickel was acquitted of felony murder because it was the act of Gerhard Hogan, who killed the employees.  Mickel was convicted of three kidnapping charges and two robbery charges. 

Sources: Sun-Sentinel 2/14/2004 (LEXIS, USPAPR file), 3/30/2004 (LEXIS, USPAPR file).

SS 32.  Rose Kate Roseborough, age 24 

County and State: Polk, Ohio

Date of crime:  4/7/03

Number of jurors for each verdict: Unknown. 

Summary of facts of the crime: Roseborough killed her 11-month twin daughters, Lucie and Julia Bursley, in a fire at her residence.  Roseborough continued to profess her innocence throughout trial. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown. 

Sources: Mansfield News Journal 9/10/2004(LEXIS, USPAPR file), 10/1/2004 (LEXIS, USPAPR file), 10/29/2004 (LEXIS, USPAPR file)

SS 33.  Terrance Bethea, age 40

County and State: Lehigh, Pennsylvania

Date of crime: 4/13/03

Number of jurors for each verdict: The jury was deadlocked, so Bethea automatically received a life sentence. 

Summary of facts of the crime: Bethea and his co-defendant went to Carlos Juarbe’s apartment, and shot Juarbe 11 times.  Oscar Rosado was also shot once in the head.  During the initial struggle, Juarbe shot Bethea in leg.  The defense claimed that Bethea did not engage in the shootout after he was shot in the leg and was high on cocaine.  Bethea claimed he did not shoot anyone and was only in the apartment at the time of the shooting.  Aggravating factors included: Bethea had a history of violent convictions, multiple murders in this case, and the killings occurred in the course of committing a felony. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown. 

Sources: Morning Call 11/6/2004 (LEXIS, USPAPR file), 11/9/2004 (LEXIS, USPAPR file), 11/11/2004 (LEXIS, USPAPR file)

SS 34.  Robert Heinz, age 34 

County and State: Multnomah, Oregon

Date of crime: 3/11/02

Number of jurors for each verdict: Nine out of 12 jurors wanted to give Heinz the death penalty, but the verdict had to be unanimous, so Heinz received a life sentence. 

Summary of facts of the crime: Heinz shot Richard Ballantine to keep him from reporting a robbery.  Heinz and Ballantine knew each other because they were both being treated at a methadone clinic for heroin addiction.  The defense argued that Heinz was insane at the time of the murder because of his drug abuse and mental illness.  In mitigation, Heinz began abusing drugs at the age of eight and both his parents died of drug overdoses. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown. 

Sources: The Oregonian 4/1/2004(LEXIS, USPAPR file), 4/23/2004 (LEXIS, USPAPR file), 4/24/2004 (LEXIS, USPAPR file)

SS 35.  Milburn Lunghi, age 42

County and State: Contra Costa, California

Date of crime: 1989

Number of jurors for each verdict: Unknown

Summary of facts of the crime: Lunghi shot and killed Sandra Morris, 43, to keep her from testifying in his friend, Gerald Carpenter’s, murder trial.  Without the testimony from Morris prosecutors had to drop Carpenter’s murder charge.  Investigators believe Lunghi and Carpenter were involved in drug dealing.  Lunghi was sentenced to life in prison without the possibility of parole.  During the trial, the defense argued that another man committed the murder.  The defense argued that Lunghi had a difficult childhood after his brother drowned.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Contra Costa Times 12/1/04 (2004 WL 99875921), 12/10/04 (2004 WL 99877442)

SS 36.  Dwight Patterson, age 20

County and State: Orleans Parish, Louisiana

Date of crime: 8/4/02

Number of jurors for each verdict: Unanimous for life sentence

Summary of facts of the crime: Patterson and 3 of his friends entered a bar in the early morning hours.  Inside, they ordered 16 patrons to strip down to their underwear and hand over cash and jewelry.  Officer Christopher Russell and his partner drove up, responding to a report of a panhandler outside.  Instead, an unprovoked Patterson walked out of the bar and repeatedly fired into the police cruiser, shooting Russell in the head.  Patterson previously had spent 5 years in prison for two counts of armed robbery—he was 15 when arrested and charged as an adult.  Patterson’s defense attorney put on mitigating evidence, stating that Patterson’s mother was a crackhead who brought a different man home from the bar almost every night and neglected her children.  He also called a Catholic priest and a minister to the stand in an effort to sway the jury toward a life sentence.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Times-Picayune 7/26/2004 (2004 WL 83867526), 7/28/2004 (2004 WL 83867443)

SS 37.  Seti Scanlan, age 24

County and State: San Mateo, California

Date of crime: 10/11/02

Number of jurors for each verdict: After 10 days of deliberations the jury was split: 9 for the death penalty and 3 in favor of life in prison without parole.

Summary of facts of the crime: Scanlan murdered 34-year-old bank manager Alice Martel while robbing the Wells Fargo where she worked and as she tried to close her office door.  Scanlan led a band of robbers in a violent series of crimes.

Any indication of the reason(s) the jury declined to impose the death penalty:  During the entire trial, Scanlan testified that he wanted to die.  Jurors interviewed said Scanlan’s wish to die had little impact on their decision.  The three who voted for life in prison were swayed by testimony about Scanlan’s upbringing in American Samoa at the hands of an alcoholic father.  Jury forewoman Tavia Dendy said she voted for a life sentence without parole because she thought Scanlan was psychologically disturbed.  The 9 who voted for death were swayed by the fact that Scanlan led a spree of 10 armed robberies, during which he also shot a store clerk and a police officer.  The district attorney has opted not to retry the penalty phase and instead settle for life sentence without parole for Scanlan.

Sources: San Jose Mercury News 6/17/2004 (2004 WL 81866841), 6/20/2004 (2004 WL 81867536); The San Francisco Chronicle 7/16/2004 (2004 WL 58602666), 8/25/2004 (2004 WL 58606044)

SS 38.  Carl Scott, age 20

County and State: Allegheny, Pennsylvania

Dates of crimes: 4/5/02, 5/15/02, 5/30/02

Number of jurors for each verdict: The jury of seven men and five women deliberated for a total of 9 hours and for the murder of his friend, Andre McBryde, the jury unanimously decided to give Scott a life sentence rather than death by lethal injection.  The jury deadlocked on the other two murders, voting 8-4 for the death penalty in both cases.

Summary of facts of the crime: Scott shot his friend Andre McBryde four times, leaving McBryde’s infant daughter unharmed in the hallway, on April 2, 2002.  Scott then moved into an apartment with his cousin, Tyrone Wells.  Wells grew suspicious that Scott was stealing crack cocaine from him.  He told several people that he was planning to kick Scott out of the apartment.  Before he could, Scott peppered his head and body with bullets on May 15, 2002.  When Cynthia Scott tried to persuade her son to turn himself in, he shot her eight times.  Two psychiatrists working for the defense diagnosed Scott as paranoid schizophrenic

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Pittsburgh Post-Gazette 3/5/2004 (2004 WL 57952958), 3/11/2004 (2004 WL 57954241).

SS 39.  Charles Weatherford, age 36 

County and State: Summit, Ohio

Date of crime: 7/16/03

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Weatherford was stalking Sharon Litchfield, and writing her sexually explicit letters.  He beat her in the head and face with a rolling pin.  Weatherford raped and strangled Litchfield to death.  He came back later that night and set fire to the bathroom to destroy evidence.  Defense lawyers argued that there was no physical evidence linking Weatherford to the crime.  The defense also argued that the letters were evidence of a consensual relationship between Weatherford and Litchfield. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Plain Dealer 4/6/2004 (LEXIS, USPAPR file), 4/16/2004 (LEXIS, USPAPR file), 4/30/2004 (LEXIS, USPAPR file).

SS 40.  Kenneth Abend, age 40

County and State: Anne Arundel, Maryland

Date of crime: 1/12/2002

Number of jurors for each verdict (if available): Sentenced by judge

Summary of facts of the crime: Abend shot and killed his landlady, Laverne Browning, and her daughter-in-law, Tamie Browning.  Abend also committed a sexual offense against Tamie.  In mitigation, the defense presented evidence that Abend had a difficult childhood, problems with addiction, and head injuries.  The judge sentenced Abend to two terms of life imprisonment. 

Any indication of the reason(s) the jury decline to impose the death penalty: The judge stated, “overwhelming evidence from expert after expert led her to conclude that Abend was unable to control himself or did not fully appreciate what he was doing…” 

Sources: The Baltimore Sun 12/8/2004 (2004 WL 100655981), 12/15/2004 (2004 WL 100656880), 12/22/2004 (2004 WL 100657833).

SS 41, SS 42.  Shawn A. Breeden, age 25; Michael A. Carpenter, age 26

County and State: Federal - North Carolina

Date of crime: 8/8/02

Number of jurors for each verdict: Unknown

Summary of facts of the crime: Breeden and Carpenter, along with two other men, (who’ve pled guilty and testified for the government in exchange for not receiving the death penalty and hope for reduced sentences in exchange for their testimony) traveled from Washington to Charlottesville to rob other drug dealers. The men robbed at gunpoint a man at an apartment complex and a couple at an automated teller machine before ambushing Kevin Lee Hester, a friend of Breeden’s, who had agreed to meet Breeden at an apartment.  When Hester arrived, Carpenter emerged from a wooded area and shot Hester in the leg with a shotgun.  Breeden stabbed him in the neck and chest and one of the other men with them shot twice at Hester’s head. The other man drove the getaway car to Washington.  The two men were charged with possession with the intent to distribute cocaine; crossing state lines with the intent to commit robbery in furtherance of the drug conspiracy; crossing state lines with the intent to kill, injure, harass or intimidate the victim; and three counts of firearms charges.  Jurors heard testimony about both defendants’ violent and neglected childhoods.  Carpenter was homeless for more than a year when he was 11 years old.  Breeden was beaten and exposed to drugs before his 10^th birthday.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Richmond-Times Dispatch 10/5/2004 (2004 WL 61917104), 10/6/2004 (2004 WL 61917165) 10/14/2004 (2004 WL 61917743).

SS 43.  Abdul Malik El-Shabazz, age 18

State: Pennsylvania

Date of crime: 8/7/02

Number of jurors for each verdict: Jury deadlocked—vote unknown.

Summary of facts of the crime: El-Shabazz raped, strangled and suffocated 6 year-old Destiny Wright and then dumped her body in a park.  He admitted in a videotaped confession that he considered the girl a niece.  He also told police that he had become sexually aroused when he looked into the child’s eyes.  El-Shabazz convicted of first-degree murder, rape, involuntary deviant sexual intercourse and abuse of a corpse.  The jury heard testimony about how El-Shabazz was born addicted to heroin and had a troubled childhood where he was sexually abused at the age of 7 and was raised by a mentally ill father.  During the El-Shabazz slugged the assistant public defender in the face when the he was telling the jurors that El-Shabazz had limited, child-like intellectual capabilities.  El-Shabazz told the judge he’d rather leave the courtroom than hear his lawyer talk.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Philadelphia Daily News 4/7/2004 (2004 WL 74731292), 6/17/2004 (2004 WL 74735245).

SS 44.  Gregg Myers, age 25 

County and State: Darke, Ohio

Date of crime: 3/27/03

Number of jurors for each verdict: Jury recommended a life sentence with parole eligibility after 30 years. 

Summary of facts of the crime: Myers shot his father, Jack Myers, and stepmother, Linda Myers, in the head while they slept.  His stepmother’s great grandson found their bodies.  In mitigation, Myers was abused as a child and did not receive any support from his father. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Dayton Daily News 4/22/2004(LEXIS, USPAPR file), 4/24/2004(LEXIS, USPAPR file), 4/28/2004 (LEXIS, USPAPR file), 4/30/2004 (LEXIS, USPAPR file).

SS 45.  Anthony Prentice, age 19

County and State: Clark, Nevada

Date of crime: 9/02

Number of jurors for each verdict: Originally 9-3 for the death penalty but compromised for life without parole.

Summary of facts of the crime: Prentice, an admitted white supremacist, stabbed Dan Miller 128 times.  Miller’s life was one of giving; in fact, he’d been trying to help Prentice by sending a letter to a judge urging him not to send Prentice to prison from charges he had for starting a riot.  Prentice also mutilated his body after the attack by carving a swastika in his back.  Prosecutors think a possible motive might have been Harrison’s desire to earn lightning bolt tattoos, which are a symbol prominent in the white supremacy movement.  Although Prentice told the jury he wanted the death penalty, his lawyer argued that if they spared Prentice’s life it would be an act of kindness consistent with the life that Miller lived.  Defense also argued that Prentice’s parents abandoned him when he was 8 and he had no direction and no father figure to provide him with the necessary moral structure.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: The Las Vegas Review-Journal 3/3/2004 (2004 WL 61420672), 4/15/2004 (2004 WL 61422702); Las Vegas Sun 3/4/2004 (2004 WL 62259555)

SS 46, SS 47.  Alan Quinones, age unknown; Diego Rodriguez, age unknown

Federal - New York

Date of crime: 6/27/99

Number of jurors for each verdict: Unknown.

Summary of facts of the crime: Quinones and Rodriguez, 2 drug dealers who were part of a murderous cocaine and heroin-trafficking ring.  The two men hog-tied, tortured and strangled to death government informant Edwin Santiago and then later burned the body.

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.

Sources: Times Union 8/6/2004 (2004 WL 88570957); New York Law Journal 8/6/2004 (N.Y.L.J. 1, (col. 5))

SS 48.  Michael Sanders, age 26 (see Ronald Hinton, above)

County and State: Cook County, Illinois

Number of jurors for each verdict: Sentence was decided by a judge, because the defendant waived sentencing by a jury.

Summary of facts of the crime: Sanders was an accomplice of serial killer Ronald Hinton as to two home invasion burglary murders.  Unlike Hinton, Sanders did not sexually assault the victims 

Any indication of the reason(s) the judge declined to impose the death penalty: None given, but presumably because the same judge had earlier spared the more culpable Hinton from a death sentence.

SS 49.  Mark Ducic, age 45

County and State: Cuyahoga, Ohio

Date of crime: 9/01, 12/02

Number of jurors for each verdict: Afterwards, jurors said that the chance of a death sentence was nil when six jurors refused to impose it.

Summary of facts of the crime: Ducic overdosed his girlfriend Barbara Davis in 2001 to stop her from reporting his thefts and drug dealing to the police, then killed best friend Donald Erhke, a witness to Davis’ death, 15 months later, again with a drug overdose.  Witnesses testified that Ducic bragged about the killings. 

Any indication of the reason(s) the jury declined to impose the death penalty: Unknown