Day: November 22, 2017

Lawyers agree to DNA testing in Swearingen’s death row case


After years of courtroom wrangling, lawyers from both sides are finally agreeing to move forward with DNA testing in the 1998 rape and murder of Montgomery College student Melissa Trotter.

The agreement, expected to be finalized in court papers in the coming weeks, comes just days after a judge called off the pending execution of death row inmate Larry Swearingen, who was convicted in the slaying nearly two decades ago and has since repeatedly professed his innocence.

“They’re doing the right thing,” defense attorney James Rytting said Sunday, pointing to another death row inmate’s alleged plan to confess to the crime as evidence of the need for testing.

A lab would likely evaluate the rape kit, the ligature used to strangle Trotter, finger nail scrapings and hair.

FAMILY’S OUTRAGE: They want answers and an apology

“We’re still working out the details, but I’m excited that Mr. Rytting has finally agreed to allow us to test this DNA,” Montgomery County District Attorney Brett Ligon said Sunday. “I’m glad to be moving forward on this matter.”

Years-long legal battles over DNA testing have become a hallmark of Swearingen’s case, which even sparked changes to state laws regarding post-conviction DNA testing in 2015. Both sides have pushed for DNA testing at times, but always using different legal mechanisms and never in agreement.

At least twice, a trial court judge sided with Swearingen’s testing requests – but each time the state slapped down the lower court’s move, ruling that new DNA wouldn’t be enough to counter the “mountain of evidence” pointing to Swearingen’s guilt.

In 2013, prosecutors filed a failed bid for DNA testing, but the defense opposed.

Now, though, an alleged death row confession plot that could have seen another convicted killer confess to Trotter’s death has sparked new interest in testing.

“Both sides now recognize that there’s a need to test the evidence,” Rytting said.

Swearingen and Trotter were seen in the college’s library together on Dec. 8, 1998 – the day of the teen’s disappearance. Afterward, a biology teacher spotted Trotter leaving the school with a man.

Hair and fiber evidence later showed that she’d been in Swearingen’s car before she vanished.

The killer’s wife testified that she came home that evening to find the place in disarray – and in the middle of it all were a lighter and cigarettes believed to belong to Trotter. Swearingen later filed a false burglary report, claiming his home had been broken into while he was out of town.

That afternoon, Swearingen placed a call routed through a cell tower near FM 1097 in Willis – a spot he would have passed while heading from his house to the Sam Houston National Forest where Trotter’s decomposing body was found 25 days later.

Swearingen was convicted and sentenced to death in 2000, but on Friday a judge approved calling off his Nov. 16 death date – the fifth one scheduled in the case – as a result of a filing snafu.

Back in August,, the Montgomery County District Clerk sent notice of the November execution scheduling to the Office of the Attorney General’s writ office instead of to the Office of Capital and Forensic Writs. Because the law requires notice to the OCFW – which defends death row convicts – to be mailed within two days of the setting of an execution, the date had to be called off. It has not been rescheduled.

Swearingen’s attorneys first pointed out the problem in court papers on Wednesday, filing a motion to withdraw the execution in light of the mistake.

But aside from the clerical issues, Rytting also requested calling off the execution in order “to investigate newly discovered information suggesting that Anthony Shore – a convicted serial killer – has confessed to the murder of Melissa Trotter,” according to court papers.

“Mr. Swearingen will seek to depose Mr. Shore in order to preserve his testimony regarding the nature of any confessions he made, to obtain a DNA sample, and to obtain all other relevant information including documents, recordings and any other evidence concerning Mr. Shore’s connection to Ms. Trotter’s murder.”

Word of the alleged confession scheme emerged on the eve of Shore’s scheduled execution on Oct. 18.

Hours before he was scheduled to die, Shore won a 90-day stay after prosecutors said the four-time killer admitted to an abandoned plan to admit to Swearingen’s crime.

Officials first found out about the possibility of a last-minute confession attempt back in July, when a death row cell search uncovered materials relating to Trotter’s killing – including a hand-drawn map marking the supposed location of more evidence – stashed in Shore’s cell.

The day before his scheduled execution, Shore told investigators he’d only considered confessing to get his friend off, and not because he’d actually committed the additional crime. The multiple murderer also agreed to answer questions about other cases, and a judge greenlit pushing back his first scheduled execution date. He is now slated to die by lethal injection on Jan. 18.

Death row inmate dies in solitary cell – Roger Coulter


November  3,2017

The Arkansas Department of Correction announced late this evening that Roger Coulter, a death row inmate at Varner Supermax, died in a solitary cell at 6:28p.m. He was 57. According to the ADC website, Coulter was imprisoned on this day in 1989.

coulter_roger.jpg

The Arkansas State Police were notified and will investigate said Solomon Graves, ADC spokesperson, as well the corner and medical examiner.Here is the full release:

Earlier this evening, at approximately 6:28 p.m., Inmate Roger Coulter SK911 was found unresponsive in his cell at the Varner Unit by a correctional officer. Inmate Coulter was pronounced dead at 7:07 p.m. Inmate Coulter was sentenced to death in 1989 for the offence of Capital Murder by a jury in Ashley County.

Here are ADC’s policies on what occurs after an inmate death.

Scott Braden, from the Federal Public Defender’s Office, sent the following statement:

We are heartbroken to hear of the passing of our long-time client and friend Roger Coulter. He was an accomplished artist and a dedicated friend and brother. We find solace in the knowledge that Roger was a committed Christian, sought forgiveness for his crimes, and is finally free from death row.

16 last meal requests from Nevada’s death-row inmates


Convicted murderer Scott Dozier is scheduled to be executed Nov. 14, 2017, the first execution in Nevada in 11 years.  (STAYED)

He will be able to request a last meal, provided it can be prepared at Ely State Prison; no outside food can be brought in.

Below are the last meal requests of prisoners executed in the state of Nevada since July 1954.

Steak
Leroy Linden, executed July 15, 1954 for the murder of Clarence Dodd.

Salami, roquefort cheese and anchovies
Frank Pedrini, executed July 15, 1954 for the murder of Clarence Dodd.

Steak and chocolate ice cream
Earl Lewis Steward, executed Feb. 24, 1960 for the murder of Thomas Jessen.

Chicken, vegetable soup, cherry pie, cheese and coffee
Thayne Archibald, executed Aug. 21, 1961 for the murder of Albert Waters.

Filet mignon, tossed salad with Thousand Island dressing, asparagus, baked potato with sour cream and an unspecified dessert
Jesse Bishop, executed Oct. 22, 1979 for the 1977 murder of David Ballard.

Jumbo shrimp, french fries, tossed salad with French dressing, clam chowder, cookies and candy
Carroll Cole, executed Dec. 6, 1985 for the 1979 murder of Marie Cushman.

Four double bacon cheeseburgers, french fries and a large Coke
William Paul Thompson, executed June 19, 1989 for the 1984 murder of Randy Waldron.

Pepsi
Sean Patrick Flanagan, executed June 23, 1989 for the 1987 murders of James Lewandowski and Albert Duggins.

Pizza with anchovies, apple pie, chocolate ice cream, jelly doughnuts and soft drinks
Thomas E. Baal, executed June 3, 1990 for the 1988 murder of Frances Maves.

Lasagna, chicken Parmesan, salad and ice cream
Richard Allen Moran, executed March 30, 1996 for the 1984 murders of Sandra Devere, Russell Rhodes and Linda VanderVoort.

No special request — standard inmate meal
Roderick Abeyta, executed Oct. 5, 1998 for the 1989 murder of Donna Martin.

Steak, rice, corn, applesauce and a Sprite
Alvaro Calambro, executed April 5, 1999 for the 1994 murders of Peggy Crawford and Keith Christopher.

Crab salad, French bread, 4-ounce lobster tail, mango, cheesecake, vanilla ice cream and aloe juice
Sebastian Stephanous Bridges, executed April 21, 2001 for the 1997 murder of Hunter Blatchford.

Cheeseburger with onions, pickle and tomatoes; french fries; three slices of pepperoni pizza; one pint each of vanilla, chocolate and chocolate chip ice cream; apple; banana; orange; a 20-ounce Coke and a 20-ounce Pepsi
Lawrence Colwell Jr., executed March 26, 2004 for the 1994 murder of Frank Rosenstock.

Two cheeseburgers and a Coke
Terry Jess Dennis, executed Aug. 12, 2004 for the 1999 murder of Ilona Straumanis.

Fish sandwich, french fries and lemon-lime soft drink
Daryl Mack, executed April 26, 2006 for the 1988 murder of Betty Jane May.

Who’s on death row in York County murders?


November  21,  2017

There are nearly 200 people on death row in Pennsylvania. Thirteen of them — all men — were convicted and sentenced to death for murders committed in York County.

One currently is awaiting a resentencing hearing, another is awaiting a new trial.

Since 1985, Pennsylvania governors have signed hundreds of execution warrants.

Three executions have been carried out — two in 1995 and one in 1999– since a 10-year national moratorium on the death penalty ended in 1977.

Gov. Tom Wolf put a moratorium on the death penalty in 2015 citing a need for further study.

York County death row inmates, who all are housed at the maximum security prison in Greene County, are:

·Paul Gamboa-Taylor

Gamboa-Taylor was sentenced Jan. 23, 1992, after pleading guilty to the May 18, 1991, hammer slayingsof four family members: his wife, Valeria L. Gamboa-Taylor; their two children, Paul, 4, and Jasmine, 2; and another child, Lance Barshinger, 2.

He received a life sentence for killing his mother-in-law, Donna M. Barshinger.

·Hubert Lester Michael Jr.

Michael was sentenced March 20, 1995, after pleading guilty to the July 12, 1993, abduction and shooting death of 16-year-old Trista Elizabeth Eng in the Dillsburg area.

Michael unsuccessfully attempted to withdraw his guilty plea. Execution warrants were signed in 1996 by Gov. Tom Ridge and 2004 by Gov. Ed Rendell.

·Mark Newton Spotz 

Spotz was sentenced April 24, 1996, for the Feb. 2, 1995, shooting death of Penny Gunnet, 41, of New Salem.

Gunnet was his third victim in a four-day crime spree through central and eastern Pennsylvania.

Spotz also received death sentences for the murders of June Rose Ohlinger of Schuylkill County, and Betty Amstutz, 71, of Cumberland County.

An execution warrant for the York County conviction was signed by Ridge in 2001. He received a stay in the Gunnet murder in 2001.

·John Amos Small 

Small was sentenced June 19, 1996, after being convicted of murder and attempted rape of 17-year-old Cheryl Smith.

Smith’s body was found in West Manheim Township in 1981.

Execution warrants were signed in 2001 by Ridge and in 2009 by Rendell.

·Kevin Brian Dowling

Dowling was sentenced Dec. 14, 1998, for the Oct. 20, 1997, shooting death of Jennifer Lynn Myers inside her art and frame shop just outside Spring Grove.

An execution warrant was signed in 2007 by Rendell.

·Milton and Noel Montalvo

Milton was sentenced Feb. 14, 2000, and Noel was sentenced April 14, 2003, for the April 19, 1998, stabbing deaths of Miriam Asencio-Cruz and Manuel Ramirez Santana inside Cruz’s York apartment.

Rendell signed an execution warrant for Noel Montalvo in July 2010 and signed one for Milton in January 2011. Milton Montalvo is awaiting a resentencing hearing

·Harve Lamar Johnson

Johnson was sentenced Nov. 16, 2009, for the April 7, 2008, beating death of 2-year-old Darisabel Baez, his girlfriend’s daughter, in York.

·Kevin Edward Mattison

Mattison was sentenced Dec. 17, 2010, for the Dec. 9, 2008, robbery and shooting of Christian Agosto in York.

Mattison had previously been convicted of third-degree murder and served prison time in Maryland.

·Hector Morales

Morales was sentenced Jan. 21, 2011, for the 2009 shooting death of Ronald “Country” Simmons Jr.

Police said Morales broke into Simmons’ York home and shot him six times because Simmons was set to testify in a drug case.

·Aric Shayne Woodard

Woodard was sentenced to death Dec. 18, 2013, for the Nov. 7, 2011, beating death of 2-year-old Jaques Omari Twinn.

·Timothy Matthew Jacoby

Jacoby was sentenced to death Oct. 9, 2014, for the March 31, 2010, shooting death of Monica Schmeyer, 55, while he burglarized her West Manheim Township home.

·Also of note

Daniel Jacobs was sentenced to death Sept. 18, 1992, for the Feb. 10, 1992, stabbing death of his girlfriend, Tammy Lee Mock of York, and life in prison for the drowning of their 7-month-old daughter, Holly Danielle Jacobs.

Federal courts overturned Jacobs’ conviction and death penalty for Mock’s murder in 2005, ruling his jury should have been informed his mental deficiencies might not have allowed him to form the specific intent to kill Mock.

While Jacobs continues to serve a life sentence for Holly’s death, he will stand for re-trial in 2016 for Mock’s murder. The Pennsylvania Department of Corrections still lists him as a death row inmate.