death row

Arkansas – Inmates on Death Row


Death Row

No. Name Date of Birth Race/Sex Date of Sentence County
SK911 Coulter, Roger 12/1/1959 W/M 10/27/1989 Ashley
SK915 Ward, Bruce Earl 12/24/1956 W/M 10/18/1990 Pulaski
SK918 Sanders, Raymond 08/14/1960 B/M 02/28/1991 Grant
SK920 Davis, Don W. 11/23/1962 W/M 03/6/1992 Benton
SK922 Greene,Jack G 03/13/1955 W/M 10/15/1992 Johnson
SK924 Williams, Frank Jr. 07/27/1966 B/M 02/12/1993 Lafayette
SK925 Dansby, Ray 03/3/1960 B/M 06/11/1993 Union
SK926 Nooner, Terrick T. 03/17/1971 B/M 09/28/1993 Pulaski
SK927 Reams, Kenneth 12/21/1974 B/M 12/16/1993 Jefferson
SK929 Sasser, Andrew 10/21/1964 B/M 03/3/1994 Miller
SK933 Johnson, Stacey E. 11/26/1969 B/M 09/23/1994 Sevier
SK934 Kemp, Timothy W. 08/4/1960 W/M 12/2/1994 Pulaski
SK935 Wooten, Jimmy D. 06/10/1962 W/M 02/17/1995 Pope
SK936 Lee, Ledelle 07/31/1965 B/M 10/16/1995 Pulaski
SK939 Rankin, Roderick L. 11/18/1975 B/M 02/13/1996 Jefferson
SK940 Jones, Jack H. Jr. 08/10/1964 W/M 04/17/1996 White
SK941 Jackson, Alvin 06/30/1970 B/M 06/20/1996 Jefferson
SK943 Williams, Marcell W. 08/20/1970 B/M 01/14/1997 Pulaski
SK944 Dansby, Joe L. 09/28/1952 B/M 04/25/1997 Miller
SK945 Collins, Kingrale 11/15/1975 B/M 10/22/1997 Cross
SK946 McGehee, Jason F. 07/4/1976 W/M 01/8/1998 Boone
SK951 Engram, Andrew R. 10/16/1954 B/M 01/29/1999 Pulaski
SK952 Jones, Larry 01/13/1959 B/M 02/16/1999 Crittenden
SK954 Howard, Tim 05/6/1969 B/M 12/9/1999 Little River
SK956 Roberts, Karl D. 03/06/1968 W/M 05/24/2000 Polk
SK957 Williams, Kenneth 02/23/79 B/M 8/30/2000 Lincoln
SK960 Isom, Kenneth 06/03/67 B/M 03/28/2001 Drew
SK961 Anderson, Justin 03/21/81 B/M 01/31/2002 Lafayette
SK962 Newman, Rickey D. 08/04/57 W/M 06/10/2002 Crawford
SK964 Thessing, Billy 09/11/68 W/M 09/10/2004 Pulaski
SK965 Thomas, Mickey D. 09/25/1974 B/M 09/28/2005 Pike
SK966 Springs, Thomas 06/25/1962 B/M 11/24/2005 Sebastian
SK968 Sales, Derek 01/08/1961 B/M 05/17/2007 Ashley
SK969 Wertz, Steven 02/17/1950 W/M 07/19/2007 Sharp
SK971 Decay, Gregory 07/11/1985 B/M 04/24/2008 Washington
SK972 Marcyniuk, Zachariah 05/21/1979 W/M 12/12/2008 Washington
SK973 Lacy, Brandon E. 01/01/1979 W/M 05/13/2009 Benton
SK974 Taylor, Jason L. 05/29/1984 W/M 06/26/2009 Saline
SK975 Dimas-Martinez, Erickson 05/03/1985 H/M 04/01/2010 Benton

16 White Males
23 Black Males
1 Hispanic Male
40 Total

Last Updated:  03/20/2012 03:11:09

Ohio – Mark Wayne Wiles – Execution – April 18, 2012 10 a.m – EXECUTED


Summary of Offense:

On August 7, 1985, Wiles murdered 15-year-old Mark Klima at a farmhouse in Rootstown. Mark’s parents owned the farm where Wiles had worked until January 1983. When Mark caught Wiles stealing valuables from the house, Wiles stabbed Mark 24 times and left the butcher knife buried in his back. Wiles fled to Georgia, but later confessed to authorities in Savannah, Georgia and detectives from Portage County, Ohio.

april 17, 2012 source : http://www.dispatchpolitics.com

Mark Wayne Wiles, the condemned killer from Portage County, arrived this morning at the Southern Ohio Correctional Facility in preparation for his execution tomorrow. He was transported from the Chillicothe Correctional Institution where Death Row is now located.

april 6, 2012, source :http://www.newsmax.com

Ohio will resume executions by lethal injection later this month, after blocking them for the past four months because of legal complaints that prison officials were not following the proper procedures.U.S. District Court Judge Gregory Frost denied a request by Mark Wayne Wiles to halt his execution, saying he trusts the state to “avoid the embarrassments” of the past, the Columbus Dispatch reports.
Wiles’ execution is scheduled for 10 a.m. on April 18 at the Southern Ohio Correctional Facility. He was sentenced to death for the 1985 murder of Mark Klima, 15.
Frost blocked other executions in recent months because the state repeatedly “failed to follow through on its own execution protocol.” By clearing the way for Wiles’ execution, Frost likely opened up Ohio’s execution schedule, which has about one inmate a month scheduled for capital punishment through early 2014.
Even though he denied Wiles’ stay request, Frost still criticized the state’s failures when it comes to carrying out the death penalty.
“Ohio’s new procedures look good on paper,” he said. “The protocol is constitutional as written, and executions are lawful, but the problem has been Ohio’s repeated inability to do what it says it will do.”
Wiles, 49, had worked for Mark Klima’s parents until January 1983. He returned about two years later, and mark caught him stealing family valuables. Wiles stabbed the teenager 24 times with a butcher knife. He fled to Georgia, but eventually confessed to the murder.
Public defender Allen Bohnert, representing Wiles, said he is reviewing the ruling with the thought of a possible appeal.

Read more on Newsmax.com: Ohio Ready to Resume Lethal Injections
Important: Do You Support Pres. Obama’s Re-Election? Vote Here Now!

march, 23  source http://www.ideastream.org

clemency be denied

audio mp3 click here

March, 16,

Mark Wiles sat in front of a window at the Chillicothe Correctional Institution, wearing a T-shirt and looking directly into the camera.

For about two minutes, the man who stabbed a teenager to death on a Portage County horse farm tried to put into words the apology he said he’s been wanting to offer for more than 25 years.

“All these years, I’ve wanted to say to you that I’ve always been sorry for what I did to your son Mark (Klima),” Wiles said, directing the comments to the parents of the boy he killed in August 1985. “He was an innocent victim of my selfish needs. I truly am sorry for taking his life and causing you and so many others so much pain and loss.”

The image, part of a taped apology presented to the state parole board Thursday and earlier sent directly to the Klima family, stood in stark contrast to the picture of  Wiles painted by prosecutors: a “burglar of occupied homes” with a history of criminal behavior; “one of the most belligerent individuals” his high school principal had ever experienced; a man who tried to convince investigators that it was his 100-pound victim who threatened him with a knife.

“I can’t understand why they have to prolong (the case and the death penalty) so long when there’s a confession,” Charlie Klima, father of the murder victim, said in his own taped statement to the parole board. “He said he did it and he didn’t want to appeal it. I just don’t understand what the purpose of delaying it any longer or delaying it as long as it was. It just doesn’t make sense.”

He added, “I believe in the death penalty, and I think that he murdered our son and I think he should be executed….”

Wiles, 49, is scheduled for lethal injection next month, though it remains to be seen whether a federal judge will allow the state to resume executions, given the continuing legal battle over the constitutionality of Ohio’s death penalty protocols. A hearing on that issue is set for next week.

The parole board will offer its recommendation to Gov. John Kasich on March 23. The governor has final say on whether to grant clemency or allow the execution to take place as scheduled.

Members didn’t offer too many indications Thursday of the direction of their decision, though they did chastise Wiles’ attorneys for sending a copy of his taped apology directly to the murder victim’s family, calling the move insensitive.

The Klimas turned the tape over to prosecutors without watching it.

“I think after 26 years, an apology is kind of ridiculous,” Charlie Klima said in his taped statement to the board. “… I don’t have any interest in bringing back any more memories than has been (already) brought back in this situation.”

Wiles worked part time at Charlie and Carol Klima’s Shakespeare Acres in Rootstown from May 1982 until January 1983, when the family discovered about $200 missing from ransacked rooms of their home.

Wiles was the only other person on the property at the time; he left before being confronted.
Two years later, after serving time in prison for an unrelated burglary, Wiles returned to the farm, intent on stealing more money. He was caught in the act by Mark Klima, a straight-A student who had completed his freshman year of high school and who wanted to be a doctor.
Wiles subsequently stabbed the teen with a foot-long kitchen knife, stole $260 and fled the state. Five days later, he turned himself into police in Savannah, Ga., signed a confession and returned to Ohio.

Legal counsel for Wiles based their clemency request on Wiles’ admission of guilt, his remorse over the killing and his good behavior while in prison.

“Mark does not believe that he deserves mercy, but he wants to live,” said Vicki Werneke, a federal public defender. “… Mark is so consumed with remorse and regret. … Mark doesn’t offer any excuses for what he did.”

A neuropsychologist testified, via video, that a head injury stemming from a bar fight in the days before the murder could have affected Wiles’ behavior.

A psychologist said Wiles abused alcohol and drugs, displayed anti-social behavior and likely suffered a brain injury that affected his actions and thinking.
Former and current legal counsel described their interaction with Wiles during his trial and post-conviction proceedings, saying he was respectful but was so remorseful about the killing that he did little to avoid the death penalty.

And two sisters and a brother-in-law described Wiles’ emotionally stifling upbringing, the industrial explosion that killed their older brother and their mother’s untreated bipolar disorder.

“I need you to know that I am sorry,” Wiles said in his taped apology, adding later, “When I’m executed, honestly, I hope that in some way it eases some of the pain that I’ve caused.”
But Portage County Prosecutor Vic Vigluicci said Wiles didn’t take responsibility for the crime at the time, initially denying involvement and then attempting to blame the teen for pulling a knife.

The prosecutor showed images of the murdered boy and described, in detail, the fatal wounds Mark Klima received to his back, the defensive wounds he had on his forearms and the bruises and scrapes on this face and forehead.
mark

Prosecutors also said that Wiles had said he wasn’t drunk or high on the day of the crime. And they said a scan of Wiles’ brain days before the murder showed no damage or abnormalities.

Mark Klima’s parents were unable to appear before the parole board in person. Carol Klima recently suffered a stroke and has congestive heart failure. Her husband was at her side.
“We are a small family,” Virginia Klima Petrie, the murdered teen’s aunt, told the parole board in their place. “We don’t make a lot of noise. We live within our means and pay our taxes. We abide by the law. We are working members of our community. And we are the victims of a heinous murder of the only heir to the Klima family name.”

She added, “Enough is enough. … I beg you, let the parents of this murdered child have a moment of closure now before one of them dies. The family asks — no, we demand — justice now. Mark Wiles’ execution needs to be carried out as scheduled. Nothing else is acceptable.”

http://www.recordpub.com/news/article/5168007

march, 15

clemency hearing today

march, 9

Execution date nears for murderer of Rootstown teen 

Prison officials are moving ahead with plans to execute a Portage County man who murdered a Rootstown teen more than 25 years ago, despite delays on other executions this year after a judge raised questions about the state’s lethal injection protocol.

Mark Wiles will make his case for clemency before the state parole board next week in advance of his scheduled execution on April 18.

“We have not been made aware of any postponement for the Wiles execution,” said JoEllen Smith, spokeswoman for the Ohio Department of Rehabilitation and Correction. “We are moving forward with our preparations.”

Whether Wiles makes the trip to the Death House at the Southern Ohio Correctional Facility remains in question, however, as the state works to convince a federal judge that its execution procedures are constitutional.

Two executions were postponed after federal district Judge Gregory Frost ruled prison officials hadn’t followed their own written guidelines for executing an inmate late last year.

A hearing on the issues is scheduled for later this month, during which the state could present a revamped execution protocol. If it meets the judge’s approval, he could allow executions to take place as scheduled.

“The governor’s office at some point will approve a new protocol that DRC has been working on,” Attorney General Mike DeWine said. “Once they approve that protocol, we will present that to Judge Frost. … Judge Frost at that point will decide whatever he decides.”

There are executions scheduled in the state through January 2014, with Wiles next in line. He was sentenced to death for the 1985 murder of 15-year-old Mark Klima.

Wiles worked part time at the Klima horse farm in Rootstown several years before the murder but left after the family discovered $200 was missing.

After serving part of a prison sentence for an unrelated burglary, Wiles returned to burglarize the home, and Mark Klima caught him in the act.

Wiles stabbed the teen, a straight-A student who had completed his freshman year of high school, with a kitchen knife 24 times, stole $260 and fled the state.

Five days later, Wiles turned himself into police in Savannah, Ga., and signed a confession.

His clemency hearing is set for 9 a.m. Thursday, March 15.

http://www.recordpub.com/news/article/5165691

Wiles was denied a COA in the 6th Circuit’s 4/14/09 orders/opinions.Opinion is here:http://www.ca6.uscourts.gov/opinions…9a0147p-06.pdf
COLUMBUS, Ohio (AP) — The Ohio Supreme Court has set execution dates for a Cleveland man who killed his wife and brother-in-law and a northeast Ohio man who repeatedly stabbed a teen who interrupted a burglary.The dates announced Tuesday are some of the farthest in the future set in recent years by the court, which schedules when death row inmates die.The court set an April 18, 2012 execution date for 48-year-old Mark Wiles, who killed 15-year-old Mark Klima (KLEE’-muh) at a farmhouse in Portage County in 1985.The court also set a June 6, 2012 execution date for 52-year-old Abdul Awkal (ab-DUHL’ AW’-kuhl) of Cleveland, who killed estranged wife Latife Awkal (la-TEEFF’-eh AW’-kuhl) and brother-in-law Mahmoud Abdul-Aziz (MAKH’-mood ab-DUHL’-ah-ZEEZ’) in 1992, in a room in Cuyahoga (ky-uh-HOH’-guh) County Domestic Relations Court.Read more: http://www.mysanantonio.com/news/art…#ixzz1PGW3mH7J
Execution is set for murderer of Rootstown teen The Ohio Supreme Court on Tuesday set an April 18, 2012 date for the execution of a death row inmate convicted in the August 1985 stabbing death of a 15-year-old Rootstown boy.Mark W. Wiles, 48, who has spent 25 years on Ohio’s death row, is scheduled to be executed by lethal injection for the Aug. 7, 1985, murder of Mark Klima, according to the Ohio Department of Rehabilitation and Corrections website.Wiles had worked as a farmhand at the Klima family horse farm, Shakespeare Acres, three years prior to the murder. He was suspected of stealing money from the family during that time.After being convicted of an unrelated burglary and spending 18 months in prison, Wiles, then 22, broke into the Klima house looking for money. Mark Klima surprised him and was stabbed 13 times with a kitchen knife, which Wiles left sticking out of the boy’s back.Wiles fled the state with $260 stolen from the Klima residence, and later turned himself in to authorities in Savannah, Ga. He was tried in January 1986 by a panel of judges — Joseph Kainrad, Robert Kent and George Martin — and convicted of murder.Former Portage County Prosecutor John Plough prosecuted the case.The U.S. Supreme Court previously declined to hear Wiles’ appeal. He remains in the Ohio State Penitentiary in Youngstown awaiting execution.A clemency hearing date has not been set, according to the ODRC.http://www.recordpub.com/news/article/5050800

Update : Rob will


from freeRob Will (group-friends) (facebook)

CASE UPDATE: We had some success with the filing to the Court and been granted a Certificate of Appealability, which means we have something to work with going forward to the Fifth Circuit Court of Appeals. Thank you all for your Solidarity and Support for Rob. He is so appreciative!

TEXAS – Execution dates set for two death row inmates


march 16, 2012

Execution dates were set for two Bexar County death row inmates, including one who was given a reprieve last month days before his scheduled execution, according to the Texas Department of Criminal Justice.

Anthony Bartee, 55, was scheduled to die on Feb. 28 but was granted a reprieve to allow for additional forensic testing. Bartee’s attorney, David Dow, sent a letter to the court arguing the new May 2 date should not have been set because the DNA testing has not been completed. He said neither he nor his client was told of a hearing to set a new date, the letter said.

Bartee was convicted in the August 1996 robbery-murder of his friend David Cook.

An execution date of Nov. 14 was set for Ramon Hernandez, 40. Hernandez was convicted in the 2002 rape and murder of Rosa Rosado, 37, according to TDCJ.

Read more: http://www.mysanantonio.com/news/local_news/article/Execution-dates-set-for-two-death-row-inmates-3413825.php#ixzz1pUUVRTTA

MISSISSIPPI – Death row appeal rejected – Jeffrey Havard


march 13, 2012

Havard

Read his case (his own words) :http://www.mississippi-justice.com/Jeffrey_Havard.html

source :http://www.clarionledger.com

The state Supreme Court has unanimously denied an appeal from death row inmate Jeffrey Havard, moving him one step closer to execution.

Justices last week rejected the 33-year-old inmate’s appeal, writing, “There is no merit to Havard’s claim that newly discovered evidence exists that supports his innocence. This issue is procedurally barred by time.”

On Feb. 21, 2002, 6-month-old Chloe Britt died, and prosecutors say Havard sexually abused and killed her. Havard was convicted of capital murder. He admits accidentally dropping her but denies sexually abusing and killing her.

Chloe’s mother, Rebecca Britt, who is convinced of Havard’s guilt, expressed gratitude Monday. “There wasn’t any doubt in my mind that was going to happen,” she said.

One of Havard’s attorneys on appeal, Graham Carner of Jackson, said they may seek a rehearing. “We’re considering doing it,” he said.

Havard’s case is also before U.S. District Judge Keith Starrett, where Havard is challenging his conviction on constitutional grounds.

The case before Starrett was stayed, pending the final decision by the state Supreme Court.

In looking through the records of the case, Havard’s attorneys on appeal noticed a reference to a videotaped statement by Rebecca Britt.

After repeated requests, they finally obtained the tape and believed her initial statement to authorities differed in tone and substance from the testimony she gave at trial.

In her initial statement, she told authorities Havard “loved Chloe,” that Havard changed her diapers and gave her bottles, and didn’t seem surprised Havard gave her daughter a bath.

But during the trial, she testified Havard never changed Chloe’s diapers and never bathed the child.

Havard’s attorneys allege his trial counsel was ineffective because they failed to use the statement to challenge Rebecca’s credibility.

Justices disagreed, saying Havard failed to explain how the statement would support his defense. “There is no reasonable likelihood that Britt’s testimony, if false, affected the judgment of the jury,” they wrote. “Havard cannot demonstrate how he was prejudiced.”

When Chloe was brought to the emergency room at Natchez Community Hospital, she was blue, and her eyes were fixed and dilated, according to medical reports. A nurse noticed her anus was dilated to the size of a quarter, and law enforcement was contacted.

At trial, pathologist Dr. Steven Hayne, who performed the autopsy, testified the death was a homicide, consistent with shaken baby syndrome, and that an anal contusion was “consistent with penetration of the rectum with an object.”

But Hayne has since acknowledged to Havard’s attorneys the contusion was found in an area easily injured and a rectal thermometer like the one used in the emergency room to check Chloe’s temperature could cause such a contusion but that he did not think it was likely.

Hayne also said he could not exclude that possibility.

Hayne found no anal tearing and said dilated anal sphincters also may be seen on people without significant brain function and that the contusion was not sufficient to determine a sexual assault occurred. A rape kit conducted at the time found no evidence of semen.

At The Clarion-Ledger’s request, world-renowned pathologist Dr. Michael Baden examined Hayne’s autopsy report and photographs and concluded there was no evidence of sexual abuse – or even of a homicide.

The injuries described at autopsy were consistent with “the baby being accidentally dropped and striking her head on the toilet tank as the father described,” Baden said.

The anal abrasion described in the autopsy can be the result of common causes, such as constipation, diarrhea, toilet paper or even rubbing against a diaper, he said.

Justices agreed anal dilation alone does not suggest sexual abuse. “However, as the state points out, Chloe’s dilated anal sphincter was discovered while Chloe was in the emergency room and still alive.

The high court concluded the defense argument was procedurally barred, and even if it weren’t, “the issue is without merit.”

Jennifer Luttman, 30, of Pisgah, Ala., who dated Havard in 2001, is convinced Havard is innocent. “This is not in his demeanor to do something like this,” she said.

She praised his attentiveness to her son, Ryan, then less than a year old, even getting on the floor and playing.

Since Havard’s conviction, she has decided to pursue a career as a paralegal, she said. “My main reason for studying law is to help him.

my own comment :

rigor mortis—can often cause the anus to dilate after death.

Hayne testified at Havard’s trial that bruises, scratches, and cranial bleeding indicated a case of shaken baby syndrome. 

Rebecca Britt  changes her version of  statement.

if you read the trial, you realize that there are many contradictions

South Carolina – Inmate Released After Nearly 30 Years on Death Row – Edward Lee Elmore


Edward Lee Elmore was released from prison in South Carolina on March 2 after agreeing to a plea arrangement in which he maintained his innocence but agreed the state could re-convict him of murder in a new trial.  He had been on death row for nearly 30 years after being convicted and sentenced to death in 1982 for the sexual assault and murder of an elderly woman in Greenwood, South Carolina. The state’s case was based on evidence gathered from a questionable investigation and on testimony with glaring discrepancies. Elmore’s appellate lawyers discovered evidence pointing to Elmore’s possible innocence that prosecutors had withheld. Originally, state officials repeatedly claimed the evidence had been lost. The evidence included a hair sample collected from the crime scene. After being tested for DNA, the evidence suggested an unknown Caucasian man may have been the killer.  In February 2010, Elmore was found to have intellectual disabilities and thus was ineligible for execution; he was taken off death row.  In November 2011, the U.S. Court of Appeals for the Fourth Circuit granted him a new trial because of the prosecutorial misconduct in handling the evidence. The court found there was  “persuasive evidence that the agents were outright dishonest,” and there was “further evidence of police ineptitude and deceit.”

Raymond Bonner, a former New York Times reporter who wrote a book about the case (“Anatomy of Injustice: A Murder Case Gone Wrong”), said Elmore’s journey through the justice system “stands out because it raises nearly all the issues that shape debate about capital punishment: race, mental retardation, a jailhouse informant, DNA testing, bad defense lawyers, prosecutorial misconduct and a strong claim of innocence.”  He noted, “Once a person has been convicted, even on unimaginably shaky grounds, an almost inexorable process — one that usually ends in execution — is set in motion. On appeal, gone is the presumption of innocence; the presumption is that the defendant had a fair trial. Not even overwhelming evidence that the defendant is innocent is necessarily enough to get a new trial.”

(R. Bonner, “When Innocence Isn’t Enough,” New York Times, March 2, 2012).  See Innocence and Intellectual Disabilities.

Executions scheduled april 2012


Dates are subject to change due to stays and appeals

update april 27

4/05/2012

Michael Anthony Archuleta

Utah

Stay likely

 

4/12/2012

Carey Dale Grayson

Alabama

         DELAYED  

4/12/2012

Garry Allen

Oklahoma

          STAY  

04.12.12

David Gore

Florida

         6:19 p.m  

4/18/2012

Mark Wiles

Ohio

        10:42 am  

4/19/2012

Daniel Greene

Georgia

       CLEMENCY  commuted

4/20/2012

Shannon Johnson

Delaware

        2:55 am  

4/26/2012

Beunka Adams

Texas

         6:25 p.m  

4/25/2012

Thomas Arnold Kemp

Arizona

        10:08 a.m  


Oklahoma governor denies clemency for death row inmate – Garry Allen


OKLAHOMA CITY  — A spokesman for Gov. Mary Fallin says the governor has decided to deny clemency for a man scheduled to die for the 1986 slaying of the mother of his two children.

Fallin spokesman Alex Weintz told The Associated Press on Tuesday that Fallin has rejected a 2005 recommendation by the state Pardon and Parole Board to commute the sentence of Garry Thomas Allen to life in prison without parole.

Allen’s attorneys argued that he was mentally impaired when he killed 42-year-old Lawanna Gail Titsworth on Nov. 21, 1986, in Oklahoma City. They say he had been self-medicating for an underlying mental illness, and that his mental condition has worsened.

Oklahoma has four doses remaining of a drug used to execute inmates.

The execution date has been rescheduled for April 12.

Read full Executive Order

Mississippi – Upcoming execution William Gerald Mitchell, march 22. 2012


On the evening of November 21, 1995, near the end of her shift, Patty Milliken told her co-worker at a Biloxi convenience store that she was going to go outside with Mitchell to smoke a cigarette and talk.   She left her purse and car keys in the convenience store.   When she did not return, her co-worker reported to the police that she was missing.   Milliken had written Mitchell’s telephone number on a piece of paper that the police found in her purse.   The police cross-referenced the telephone number to an address.   When they arrived at that address, Mitchell, who was in the yard, ran from them.   The police later spotted Mitchell at a gas station, and pursued him when he fled from the gas station in his car.   He was arrested for traffic violations.

Milliken’s body was found the following morning under a bridge.   She had been beaten, strangled, sexually assaulted, and crushed after having been run over by a car.   After the police searched Mitchell’s car, he was charged with Milliken’s murder.   At the time of Milliken’s murder, Mitchell was under a sentence of life imprisonment for a previous murder, and had been on parole for approximately eleven months. The jury found Mitchell guilty of capital murder. 

The jury did not find Mitchell’s mitigating evidence to be persuasive, and he was sentenced to death.   The Mississippi Supreme Court affirmed his conviction and sentence on March 29, 2001, and denied rehearing on August 23, 2001.   Mitchell v. State, 792 So.2d 192 (Miss.2001).   The Supreme Court denied certiorari.  Mitchell v. Mississippi, 535 U.S. 933 (2002).

  • On March 31, 2010, Mitchell filed an appeal in the Fifth Circuit over the denial of his habeas petition in Federal District Court.

            http://dockets.justia.com/docket/circuit-courts/ca5/10-70006/

  • 05/16/2011 Mitchell filed an appeal in the Fifth Circuit, DENY Mitchell’s request for a COA

United States court of appeals for the fifth circuit

  • Mississippi Supreme  Curt decision march, 2012
    William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi
    Motion for rehearing filed by counsel for William Gerald Mitchell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.
    2012-DR-00277-SCT 03/15/12