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.
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.
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.
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.”
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.
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
Allen pleaded guilty in the 1986 shooting death of his ex-girlfriend Gail Titsworth in Oklahoma County. He was convicted in 1987. Titsworth had broken off the relationship with Allen three days before the killing and had sought a protective order. She was picking up her two sons at a child-care center when Allen shot her four times. He then struggled with a police officer and was shot in the head. Allen spent months in mental hospitals after his arrest to be treated for depression and his head injury. He was deemed competent at a 1987 hearing but won a new competency hearing in 1997 after the Supreme Court ruled that Oklahoma’s competency standards were too high. In the subsequent hearing, Allen was again ruled competent.
april 11, 2012BREAKING NEWS
OKLAHOMA CITY (AP) – A federal judge in Oklahoma City has stayed the execution of an inmate who was diagnosed with schizophrenia but found sane by a jury that considered whether he was eligible for the death penalty.
Fifty-six-year-old Garry Allen is scheduled to die by injection on Thursday. Allen pleaded guilty to capital murder after being shot in the head during his November 1986 arrest. He killed 24-year-old Gail Titsworth, with whom he had children, outside a daycare where she had picked up her sons days after she moved away from Allen. An officer shot Allen after he tried to shoot the officer.
In 2005, the state Pardon and Parole Board voted 4-1 to commute Allen’s sentence to life in prison, but Gov. Mary Fallin had decided to allow the execution to proceed.
OKLAHOMA CITY (AP) – Members of an anti-death penalty group said Monday they have little hope that Gov. Mary Fallin will commute the death sentence of an Oklahoma inmate scheduled to be executed Thursday.
Three members of the Oklahoma Coalition to Abolish the Death Penalty met with Fallin’s general counsel, Steve Mullins, to urge the governor to reverse her decision to deny clemency for Garry Thomas Allen, 56.
Allen’s attorneys contend he was mentally impaired when he killed 24-year-old Lawanna Gail Titsworth, the mother of his two children, on Nov. 21, 1986, in Oklahoma City. They say he had been self-medicating for an underlying mental illness, and that his mental condition had worsened.
Coalition board member James T. Rowan said the group does not expect Fallin to change her mind about clemency. He said Mullins indicated during the meeting that Allen’s clemency request “was a close case.”
“I’m satisfied that the governor has gone through an exhausting process,” Rowan said.
A spokesman for Fallin, Alex Weintz, confirmed the group met with Mullins and discussed Allen’s case. Weintz said Fallin appreciated their input but that there was no change in the status of the case.
“The execution is still scheduled for Thursday,” Weintz said.
Fallin denied clemency for Allen on March 13, but the coalition asked her to reconsider based on the state Pardon and Parole Board’s 4-1 recommendation in 2005 that Allen’s death penalty on a first-degree murder conviction be commuted to like in prison.
“That is a very exceptional factor,” said Rex Friend, another coalition board member.
Allen was shot in the face during a struggle with police after Titsworth’s shooting death and his attorneys said he was not competent to enter a blind plea of guilty to the murder charge.
Former Gov. Brad Henry never acted on the board’s 2005 clemency recommendation for Allen because a Pittsburg County judge issued a stay of execution after a prison psychological exam determined Allen had developed mental problems on death row. The doctor’s report noted Allen had dementia caused by seizures, drug abuse and the gunshot wound.
A 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
Friend said Fallin went through a long and detailed process that included meetings with prosecution and defense attorneys in the case before she made her decision to deny the Pardon and Parole Board’s recommendation. Rowan said Allen’s execution could still be blocked if prison officials believe he is not mentally competent.
OKLAHOMA CITY — As activists prepare to argue for clemency for a man scheduled to die next week, a death penalty expert said a blind guilty plea such as Garry Allen’s is unusual in Oklahomacapital murder cases.
Allen’s attorneys have argued that he was mentally impaired when he entered a blind guilty plea to a capital murder charge. Allen was shot in the head during his 1986 arrest, and he had a history of mental illness and alcohol abuse prior to the killing.
Activists on Monday plan to ask legal counsel for Gov. Mary Fallin to consider clemency for the 56-year-old man, who is scheduled to be executed Thursday.
Considering Allen’s apparent combination of mental illness and alcohol abuse, he shouldn’t have entered a blind guilty plea — a plea done in front of a judge without a deal — especially in a state where the death penalty is popular, said defense attorney James Rowan, a death penalty expert who does not represent Allen.
Allen has testified that he pleaded guilty to spare his family and his victim’s family from the ordeal of a trial.
His lawyers had argued he was not sane and therefore shouldn’t be executed, but in 2008, a jury said he was sane enough for the death penalty.
A personality test in Allen’s court file shows his “probable diagnosis is Schizophrenic Disorder, or Anxiety Disorder in a Paranoid Personality.” Allen, who had a history of substance abuse, had also testified that before the day of the killing, he got drunk whenever he could. Two hours after the killing, Allen’s blood-alcohol level was .27— more than three times the legal limit.
Considering Allen’s apparent combination of mental illness and alcohol abuse, he shouldn’t have entered a blind guilty plea — a plea done in front of a judge without a deal — especially in a state where the death penalty is popular, said defense attorney James Rowan, a death penalty expert who does not represent Allen.
Attorney Charles Hoffman, another expert on death penalty cases, said a blind guilty plea could be the result of the defendant’s insistence, “bad or lazy lawyering” or a strategy to argue the defendant acknowledged guilt when a conviction is sure to happen.
“Although entering a blind guilty plea in a death penalty case may sound like a very dumb thing to do, it really all depends on the facts of the case,” Hoffman said.
In the 42 capital murder cases that Rowan has tried, only two defendants entered blind guilty pleas — once because Rowan was “young and didn’t know any better.” In the other case, in 1989, a man killed five people in a multi-state spree, including a woman in an Ardmore, Okla., flower shop.
Rowan knew the case would be hard to win and decided to plead to the judge.
“It would almost be malpractice now to do it,” Rowan said. “Even if the defendant wanted to enter a guilty plea, I think you’d be almost incompetent to do that.”
In 2005, the Pardon and Parole Board voted 4-1 to recommend life without parole instead of execution for Allen, but Fallin has decided to proceed with the execution.
Fallin has said she and her legal team gave Allen’s case a thorough review, and she has no plans to change her decision.
Allen shot 42-year-old Lawanna Titsworth four days after she moved out of the home where she lived with Allen and their two sons, according to court documents. Titsworth and Allen had fought in the week before the shooting and he had tried to convince her to live with him again.
An officer in the area responded to a 911 call. Allen grabbed his gun and struggled with the officer, according to court documents. Allen tried to make the officer shoot himself by squeezing the officer’s finger on the trigger, but the officer got control of the gun and shot Allen in the face.
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March 14,2012
OKLAHOMA CITY
Governor Mary Fallin has denied clemency for Garry Thomas Allen, an Oklahoma death row inmate who killed the mother of his two children in 1986.
On February 9, 2012, Governor Fallin granted a stay of execution of thirty days from February 16, 2012, the date of the scheduled execution of Allen, in order for this office to thoroughly evaluate the recommendation of clemency by the Oklahoma Pardon and Parole Board.
The Governor met with the Federal Public Defender’s office, the Oklahoma Attorney General’s office and the victim’s family about this case.
The Executive Order, Fallin states, “Having thoroughly reviewed the arguments and evidence presented in this case, I have determined that clemency should be denied, and that the sentence of death shall be carried out.”
The Governor has granted an additional twenty-six day stay thereby scheduling the execution on Thursday, April 12, 2012.
Allen was convicted for killing 42-year-old Lawanna Gail Titsworth on November 21, 1986, in Oklahoma City.
A Pittsburg County jury has determined that a death row inmate is sane enough to be executed, but it’s uncertain when the punishment will be carried out.
On a 9 to 3 vote, a panel of 11 men and one woman rejected Garry Thomas Allen‘s argument that he shouldn’t be put to death for the fatal shooting of Lawanna Titsworth because he had become insane while in prison.
An Oklahoma County jury convicted the 52-year-old Allen of first-degree murder for gunning down in November 1986 outside an Oklahoma City daycare center. Titsworth had moved out of the home she shared with Allen and their 2 sons 4 days before her death.
According to court documents, the 2 were arguing when Allen reached into his sock, pulled out a revolver and shot her twice in the chest.
Titsworth got to her feet and ran toward the center, but Allen shoved her down some steps and shot her in the back twice.
An Oklahoma City police officer responding to the call tussled with Allen before shooting him in the face.
Prosecutors are now considering what to do next.
Okla. court dismisses death row inmate’s appeal
A condemned Oklahoma inmate who insists he is insane lost a legal challenge Thursday when an appeals court determined there is no procedure under state law to contest a jury’s finding that he is sane enough to be executed.
The Court of Criminal Appeals handed down the decision against Garry Thomas Allen, 55, who was convicted of first-degree murder and sentenced to death for the Nov. 21, 1986, shooting death of 42-year-old Lawanna Gail Titsworth, the mother of Allen’s two children.
A district judge in Pittsburg County issued a stay one day before Allen scheduled execution in 2005 after a psychological examination at the Oklahoma State Penitentiary indicated Allen had developed mental problems while confined on death row. The U.S. Constitution forbids the execution of inmates who are insane or mentally incompetent.
According to state legal guidelines, a 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
Allen appealed, but in a six-page decision the appeals court concluded the appeal was not authorized by law and that there is no procedure to appeal a finding that a person facing execution is sane.
The decision, written by Vice Presiding Judge David Lewis of Lawton, says there is no federally mandated right to an appeal in Allen’s case and that the state Constitution does not mandate an appeal. In addition, the Legislature has not created a statutory appeal process for sanity proceedings, the appellate court said.
“It is, however, clear what the procedure should be when a person facing execution is found either insane or sane after a jury trial, and that procedure does not include an appeal to this court,” the ruling states.
Despite the decision, it remains unclear when Allen’s execution will be carried out. Attorney General’s Office spokeswoman Dianne Clay said attorneys plan to evaluate the decision before asking the appeals court to schedule a new execution date for Allen.
Allen’s attorney, Kristi Christopher of the Oklahoma Indigent Defense System, did not immediately return a telephone call seeking comment.
An Oklahoma County jury sentenced Allen to death for shooting Titsworth in the parking lot of the Oklahoma City daycare center. She had moved out of the home she shared with Allen and their two sons four days earlier.
Court documents indicated the two were arguing when Allen reached into his sock, pulled out a revolver and shot Titsworth twice in the chest. Titsworth ran with a center employee toward the building, but Allen pushed the worker away, shoved Titsworth down some steps and shot her twice in the back at close range, records show.
A police officer responding to a 911 call tussled with Allen before shooting him in the face, according to court documents. Allen was hospitalized for about two months for treatment of injuries to his face, left eye and brain.
The Oklahoma Court of Criminal Appeals has set a Feb. 16 execution date for a death row inmate who claims he is insane.
The court set the date Thursday for 55-year-old Garry Thomas Allen. Attorney General Scott Pruitt requested the date on Dec. 28 after a stay of execution for Allen was lifted by a Pittsburg County judge.
Allen was convicted of first-degree murder and sentenced to death for the Nov. 21, 1986, shooting death of 42-year-old Lawanna Gail Titsworth. But Allen’s 2005 execution was stayed when prison officials reported he had developed mental problems on death row.
A 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
Garry Allen has epilepsy, which has apparently worsened during his time on death row. He has frequent seizures and doctors have said that he is so confused for periods after these seizures that he would not understand thereality of or reason for his impending execution. In 1993, Garry Allen’s IQ was measured at 111, above average. By 1999, it had dropped to 75.Doctors have reportedly put this down to his ongoing epileptic seizures combined with head injuries.
After having been presented with such evidence at a clemency hearing on 20 April 2005, the Oklahoma Pardon and Parole Board recommended by four votes to one that Governor Brad Henry commute Garry Allen’s death sentence to life imprisonment. An Assistant Attorney General, pursuing the executionfor the state, was quoted as saying that he believed that Garry Allen was faking his mental impairments: ”It is easier to act stupider than you are. It’s impossible to act smarter than you are. This guy now knows, play up my seizures, play down my IQ.”
A death-row inmate originally scheduled to be executed Thursday night will instead be put to death March 17 if the governor’s legal team decides against commuting the man’s sentence to life in prison.
Gov. Mary Fallin issued a 30-day stay last week to give her legal team more time to consider a 2005 clemency recommendation from the state Pardon and Parole Board for 55-year-old Garry Thomas Allen.
Allen had been scheduled to die for the 1986 murder of the mother of his two children. His attorneys have argued that he was mentally impaired when he killed 42-year-old Lawanna Gail Titsworth.
Allen’s current lawyer, Randy Bauman, declined to comment on the stay Thursday. Currie Ballard, a member of the pardon and parole board, said he could not comment on death-row cases.
Convicted killer Garry Thomas Allen will be executed April 12 after Gov. Mary Fallin issued an additional 26-day stay on Tuesday
Allen was set to be executed Saturday after the first 30-day stay expired for his case.
On Feb. 9, Gov. Fallin granted a 30-day stay of execution from the originally scheduled date of Feb. 16, in order to evaluate the Oklahoma Pardon and Parole Board’s recommendation of clemency.
The governor met with the Federal Public Defender’s office, the Oklahoma Attorney General’s office and the victim’s family to review Allen’s case, and after examining the arguments and evidence presented, determined that clemency should be denied, and that the sentence of death shall be carried out, according to spokesman Alex Weintz.
Allen was sentenced to death for the 1986 murder of the mother of his two children, 42-year-old Lawanna Gail Titsworth.
Allen’s attorneys have argued that he was mentally impaired when he killed Titsworth in Oklahoma City. They said he had been self-medicating for an underlying mental illness, which had gotten worse. A police officer shot Allen in the face during a struggle after Allen shot his wife.
The pardon and parole board voted 4-1 in 2005 to recommend commuting Allen’s sentence to life in prison. But before then-Gov. Brad Henry had a chance to act on the recommendation, a Pittsburg County judge issued a stay after a prison psychological exam determined Allen had developed mental problems on death row. The doctor’s report noted Allen had dementia caused by seizures, drug abuse and his gunshot wound.
A 12-member jury was impaneled in 2008 to determine Allen’s sanity. Jurors rejected Allen’s argument that he should not be put to death and decided he was sane enough to be executed.
David Gore and his cousin, Freddie Waterfield, picked up fourteen-year-old Regan Martin and seventeen-year-old Lynn Elliott, who were hitchhiking to the beach on July 26, 1983. Gore and his cousin drove the girls back to his house, took them to his bedroom, handcuffed them each, and then separated them. Gorecut Regan’s clothes off her and sexually assaulted her on three separate occasions. After Gore left Regan, she heard Goretell Lynn that he would kill her if she did not shut up. Gore had told Regan to be quiet or he would kill her too. Gore then put Regan in a closet, where she heard two or three gunshots. When Gore returned, he put Regan in the attic, where she was later rescued by the police. A witness testified that a girl (Lynn) ran naked down the driveway of Gore’s home, and Gore, who was also naked, was chasing her. Gore caught Lynn and threw her to the ground, then dragged her to a tree and shot her twice in the head.
Resentenced to death on December 8, 1992.
Co-defendant information:
Regan Martin testified that she was “pretty sure” that Waterfield left Gore’s house, and she did not see or hear him after the girls arrived at Gore’s house. On July 25, 1984, Waterfield, for his involvement in the murder, was sentenced to fifteen years imprisonment on one count of manslaughter.
Born in 1951, in Florida, David Gore resembled the stereotypical Southern redneck, weighing close to 275 pounds, and such a firearms fan that he studied gunsmithing in his free time. He also studied women, but in a different fashion. He lost one job as a gas station attendant after the owner found a peephole Gore had drilled between the men’s and women’s restrooms. Born in 1952, cousin Fred Waterfield was another product of Florida’s Indian River County. He was a high school football star whose bad temper and liking for violent sex made him and David seem like brothers. In 1976, they put their heads together and decided to combine their favorite sports by hunting women.
Their first attempts were embarrasing. Following a female motorist outside Yeehaw Junction, Fredflattened her tires with a rifle , but the intended victim escaped on foot. Later, the cousins followed another woman from Vero Beach to Miami, giving up the pursuit when she parked on a busy street. Their first successful rape took place near Vero Beach, and while the victim notified police, she later dropped the charges to avoid embarrassment in court. By early 1981, Gore was working days with his father as caretaker of a citrus grove, patrolling the streets after dark as an auxiliary sheriff’s deputy. Fred had moved north to Orlando, managing an automotive shop, but he made frequent visits home to Vero Beach. Together they recognized the potential of Gore’s situation, packing a badge by night, killing time in deserted orchards by day, and Fred offered to pay cousin Dave $1,000 for each pretty girl he could find. It was an offer David could not refuse. In February 1981, David found 17-year-old Ying Hua Ling disembarking from a school bus, tricking her into his car with a flash of his badge. Driving her home, Gore“arrested” her mother and handcuffed his captives together, then phoning Waterfield in Orlando before he drove out to the orchard. Killing time while waiting for his cousin, David raped both victims, but Fred was more picky. Rejecting Mrs. Ling as too old, he tied the woman up in such a fashion that she choked herself to death while struggling against her bonds. He then raped and murdered the teenager, slipping David $400 and leaving him to get rid of the corpses alone in an orchard a mile from the Ling residence.
Five months later, on July 15, David made a trip to Round Island Park, looking for a blonde to fill his cousin’s latest order. Spotting a likely candidate in 35-year-old Judith Daley, Gore disabled her car, then played Good Samaritan, offering a lift to the nearest telephone. Once inside his pickup, Gore pulled out a pistol, cuffed his victim, and called cousin Fred on his way to the orchard. Waterfield was happier with this delivery, writing out a check for $1,500 after both men finished with their victim. Two years later,Gore would tell about Judith Daley’s fate, describing how he “fed her to the alligators” in a swamp ten miles west of Interstate Highway 95. A week later, Gore fell under suspicion when a local man reported that a deputy had stopped his teenage daughter on a rural highway, attempting to hold her “for questioning.” Stripped of his badge, Davidwas arrested days later, when officers found himcrouched in the back seat of a woman’s car outside a Vero Beach clinic armed with a pistol, handcuffs, and a police radio scanner. A jury deliberated for thirty minutes before convicting him of armed trespass, and he was sentenced to five years in prison. Turning down psychiatric treatment recommended by the court, he was paroled in March of 1983.
A short time after Gore‘s release, his cousin moved back home to Vero Beach, and they took up where they left off. On May 20, they tried to abduct an Orlando prostitute at gunpoint, but she slipped away and left them empty-handed. The next day, they picked up two 14-year-old hitchhikers — Angelica Lavallee and Barbara Byer — raping both before Gore shot the girls to death. Byer’s body was dismembered, and buried in a shallow grave, while Levallee’s was dumped in a nearby canal.
On July 26, 1983, Vero Beach authorities received an emergency report of a nude man firing shots at a naked girl on a residential street. Surrounding the suspect house, owned by relatives of Gore, officers found a car in the driveway with fresh blood dripping from its trunk. Inside, the body of 17-year-old Lynn Elliott lay dead with a bullet in her skull. Outnumbered by the police, Gore surrendered, directing officers to the attic where a naked 14-year-old girl was tied to the rafters.
As the victim told police, she had been thumbing rides with Lynn Elliott when Gore and another man picked them up, flashing a pistol and driving them to the house, where they were stripped and raped repeatedly in separate rooms.Elliott had managed to free herself, escaping on foot with Gore in pursuit, but she had not been fast enough. Gore’s companion had left in the meantime, and detectives turned to their suspect in to find out who he was.
Gore cracked while in custody, describing crimes committed with his cousin. On January 21, 1985,Fred Waterfield was convicted in the Byer-Levallee murders, receiving two consecutive life terms with a specified minimum stint of 50 years before parole. Gore received the death penalty for his part in the crimes. Both are still currently incarcerated in Florida.
TALLAHASSEE, Fla. — The Florida Supreme Court has refused to stay serial killer David Gore’s execution. He is scheduled to die by lethal injection on Thursday.
The justices on Monday unanimously rejected several arguments by Gore’s lawyers.
That includes their contention a recent U.S. Supreme Court decision dealing with ineffective counsel applies to his case.
The state justices ruled that opinion appears to apply only to federal rather than state court proceedings.
One of Gore’s lawyers, Martin McClain, says the ruling will be appealed to the U.S. Supreme Court and that other federal court options also are being considered.
Gore is to be executed for murdering a 17-year-old girl in Indian River County nearly 30 years ago. He also is serving life terms for killing five other girls or women.
Letter: Letter writer misrepresents position on Gore‘s execution
In her March 24 letter, Diane DuBose could’ve made points about David Gore and the death penalty without misquoting and blatantly distorting several points in my March 18 letter.
I stated, “Although I’m against the death penalty, the David Gore case has made a mockery of the system.” Now, please pay attention, Ms. Dubose: Since Florida has the death penalty, Gore should’ve been executed a long time ago, whether I favor the death penalty or not. His living all these years made a mockery of the system. Are we clear now?
Hopefully DuBose will be much more responsible and much less emotional with future letters, and not misrepresent other viewpoints.
Mother’s annual tribute to late daughter keeps light on serial killer
Every year, on July 26, Jeanne Elliott places a simple remembrance for her daughter in the Press Journal.
Lynn Elliott died on July 26, 1983.
She was 17.
There’s nothing to indicate how she died. Only longtime residents would know.
She was serial killer David Gore’s final victim.
Beverly Hilton explained in a letter to the editor what the name means to her.
“A memory that has stayed with me since I moved to Vero Beach in 1982 is the murder of 17-year-old Lynn Elliott,” she wrote. “A question that remains in my mind is why her killer, David Gore, is still alive. Exactly what does the death penalty mean?”
That letter to the editor appeared in the Press Journal eight years ago.
Gore, now 56, remains on Florida’s death row at the Union Correctional Institution in Raiford.
A former auxiliary deputy with the Indian River County Sheriff’s Office, Gore killed six women between February 1981 and July 1983.
Gore’s cousin, Fred Waterfield, was convicted of manslaughter in Lynn Elliott’s death. Waterfield, also at Raiford, is serving two consecutive life sentences for the murders of two teen girls, Barbara Ann Byer and Angelica LaVallee.
As longtime residents know, details of the gruesome Gore-Waterfield killings are hard to stomach. It’s almost unimaginable that something so heinous happened in the county.
Hilton has written multiple letters through the years — all but one in either late July or early August, coinciding with Jeanne Elliott’s remembrance in the Press Journal — to ask the same questions about Gore. According to our electronic library, she has written eight letters about Gore since 1999.
“It’s kind of one of my causes,” Hilton said Thursday. “I just thought it was terrible. He deprived her, and her family, of the joys of growing up, getting married and having a family. I have a daughter right around that same age, and I think, ‘If that would have been her … ’
“Why do they issue a death penalty? What does that really mean?”
Elliott said she appreciates Hilton’s letters to the editor.
“I thought about calling her several times, but I didn’t know if she would be receptive to that,” Elliott said.
Other members of the community have written similar letters to the editor.
An excerpt from Dr. James Copeland Jr.’s strongly worded letter in 2002:
“If the state doesn’t want to put him to death, then bring him back to Vero Beach for 24 hours and I am sure he will no longer be a problem.”
Contacted Thursday, Copeland, who is now retired, said he has written two letters to the editor — as well as personal letters to the last two governors, Jeb Bush and Charlie Crist — regarding Gore.
“Nothing’s happened,” Copeland said Thursday. “In my opinion, he should have been hung by his you-know-what.”
After Monday’s remembrance appeared in the Press Journal, a reader, Hank Parman, called and encouraged me to write about Gore avoiding his state-ordered execution.
“I’ve always felt bad over what happened,” he said. “That guy is still up there sucking up tax dollars. I thought he was going to be put away by now. And here we are, 27 years later.”
Jeanne Elliott, 67, wants to live long enough to see Gore executed.
“That would be the closure,” she said.
After Gore is executed, she said she will remove the words “Sail On Silver Girl” from the annual remembrance.
When asked what “Sail on Silver Girl” meant, Jeanne Elliott started crying.
It’s a line from the song “Bridge Over Troubled Water” by Simon & Garfunkel.
Do a Google search and look up the lyrics to “Bridge Over Troubled Water.”
Knowing what happened to Lynn Elliott, the “Sail on Silver Girl” part will tug at your heart.
Russ Lemmon: Aspiring film editor contemplates making documentary on Gore-Waterfield killings
It was one of those moments where you realize just how much time has passed.
When Michael Denninger told me his age (30), I did a quick calculation in my head.
“Wait a minute,” I said. “That means you were 3 years old when the last killing occurred.”
He nodded his head in agreement.
Which, from my perspective, makes what he is contemplating — a feature-length documentary about serial killers David Gore and Fred Waterfield — both fascinating and admirable.
Fascinating because he has no memory of, or any connection to, what happened. Admirable because he wants to undertake a substantial project like this.
Denninger, an aspiring film editor, has been engrossed in research since early August. The timing coincides with the columns I wrote about Jeanne Elliott’s annual memorial for her daughter, Lynn, who was the last victim.
He read “Innocent Prey” — the 1994 book by Bernie Ward — in just two days.
“I couldn’t put it down,” he said. “It’s definitely a page-turner, even 16 years after it was published.”
He also went to the Indian River County Main Library to look at old Press Journal articles from that era. He purchased a DVD of the television program “Crime Stories,” which featured the case.
He’s trying to come up with a new angle to tell the horrific story.
“Serial killers are fascinating to me as a psychology major (at Barry University) … but I can’t think of an angle to come from for the documentary,” he said. “I’m trying to think of something that would be unique and fresh.
“It is just something I’d like to do to honor the memories of the victims of these two monsters, but I can’t figure out how to do it properly. … It keeps bubbling up to the surface of my mind after I push it back down, so maybe I’ll think of some way to approach it eventually.”
As I told Denninger, I’d love to sit in on a brainstorming session. (Note: If you would be interested in participating in such an exercise, I’ll be happy to pass on your name and contact information.)
“You have to have a hook,” said Denninger, a video production specialist at Indian River State College. “You need something that people will talk about.”
Gore’s avoidance of the death penalty being carried out is one possibility.
The impact the killings had on a small community is another.
He’s also interested in the “familial aspect” — about how Waterfield supposedly manipulated his cousin, Gore.
In talking with Denninger, I described the feedback I received after the July 30 and Aug. 6 columns on the killings. I stated the obvious: The fact thatGore is still alive really sticks in the craw of this community.
Shining the light on that judicial travesty would be a winner in these parts, I told him. Whether it would have national appeal is unknown.
Denninger, a New York native, graduated from Sebastian River High School in 1998. He was in the school’s International Baccalaureate program.
The Gore-Waterfield killings meant little to him back then.
“I had heard stories about them in high school,” he said.
It was a movie during that same era — “Pulp Fiction” — that spurred his interest in becoming a film director.
“As soon as I saw that, I knew I wanted to make movies,” he said.
But his project would not resemble “Pulp Fiction” in any way.
“I wouldn’t want to fictionalize it,” he said. “I would want to do real-life interviews. It would have to be a documentary.”
Respecting the families of the victims would be of paramount importance, he said.
It’s just a matter of finding the right angle.
“He’s so meticulous, and he’s so smart,” said his wife, Heather. “Whatever he decides to do, it will be interesting.”
Old building stands as reminder to a painful part of Indian River County’s history
INDIAN RIVER COUNTY, Fla. – It’s an ugly reminder of a terrible time in Vero Beach’s history.
The auto repair shop once operated by Fred Waterfield is now an abandoned, crumbing building.
Waterfield is in prison for the rest of his life.
His cousin, David Allan Gore, is awaiting execution on Florida’s Death Row.
It’s here, at the old auto repair shop on Oslo Road near 43rd Avenue, where investigators arrested Waterfield in 1983.
The arrest of Waterfield and Gore ended the cousins’ two-year crime spree which included the rape of seven women and murder of six.
Much has changed since 1983. Oslo Road is now four lanes instead of two. A Publix stands where there used to be woods. And many people who drive by the old building probably don’t know its history.
William Smith remembers that time well. A lifelong resident of Vero Beach, he’d like to see the building demolished.
“They couldn’t find anybody more ready to knock that thing over than I, just for what it stands for,” says Smith. “Why is it even there?”
Several people have offered to tear down the building. It should be demolished soon.
On 04/19/84, Gore filed a Direct Appeal with the Florida Supreme Court, citing the following errors: errors in voir dire, failing to suppress his confession, admission of two prejudicial photographs, juror interruption of defense’s closing argument, as well as other procedural matters. Gore challenged his death sentence on a number of grounds: failing to provide a list of aggravating circumstances prior to trial, error on jury penalty phase instructions, error in restricting closing arguments, and failure to prove the existence of certain aggravating circumstances. On 08/22/85, the FSC affirmed the conviction and imposition of the death penalty.
Gore filed a petition for Writ of Certiorari with the U.S. Supreme Court on 12/18/85 that was denied on 02/24/86.
Gore filed a 3.850 Motion with the Circuit Court on 02/24/88 that was denied on 04/19/88.
Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/04/88 and a 3.850 Motion Appeal on 04/22/88, citing numerous issues; however, only one was commented upon by the FSC: ineffective assistance of counsel in failing to present pertinent non-statutory mitigating evidence that his cousin, Waterfield, exerted an influence over Gore that mitigated his participation in the crime. On 08/18/88, the FSC denied the Petition for Writ of Habeas Corpus and affirmed the Circuit Court’s denial of the 3.850 Motion.
Gore filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 02/14/89 that was granted and his death sentence was vacated.Gore raised seventeen issues, but the most important issue was the failure of the trial court to consider non-statutory mitigating evidence. As a result of this, the USDC held that a fundamental error had occurred.
The State filed an appeal with the U.S. Court of Appeals on 11/12/89, and on 05/29/91, the USCA affirmed the decision of the USDC.
The State then filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/18/91 that was denied on 01/21/92.
On 12/08/92, Gore was resentenced to death. The jury recommended a death sentence by a vote of 12-0.
On 12/15/92, Gore filed a Direct Appeal with the Florida Supreme Court, citing sixteen errors, nine of which were considered by the FSC: denial of challenges for cause in the jury selection process, misleading the jury to believe that parole was possible, improper finding of an aggravating circumstance (prior violent felony conviction), error in jury instructions, unproven aggravating circumstances (avoid arrest, HAC, CCP), admission of improper testimony from a prosecutor, improper admission of a police officer’s testimony, an unqualified judge to rule over a capital sentencing proceeding, and the resentencing violated a constitutional guarantee of a speedy trial. The FSC upheld the death sentence on 07/17/97.
On 07/14/98, Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/05/98.
Gore filed a 3.850 Motion with the Circuit Court on 09/30/99 and amended on 01/08/02 and 11/22/02. The motion was denied on 06/14/04.
Gore filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/23/04, and on 07/05/07, the FSC affirmed the denial of the motion. A mandate was issued on 09/26/07.
Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/28/05 that was denied on 07/05/07. The FSC issued a mandate on 09/26/07.
On 10/02/07, Gore filed a Petition for Writ of Habeas Corpus in the USDC Middle District that was transferred to the Southern District on 10/09/07. This petition was denied on 04/11/08.
On 07/07/08, Gore filed a Habeas Appeal in the United States Court of Appeals that was denied on 09/12/08.
On 11/28/07, Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 02/19/08.
On 02/06/09, Gore filed a Petition for Writ of Certiorari with the United States Supreme Court that was denied on 05/18/09
Editorial: The time for David Gore to die for his brutal crimes is long past due
August 9, 2011
David Gore has gamed Florida’s judicial system long enough.
It’s time for the state — and Gov. Rick Scott, in particular — to bring this sordid, tragic tale to an end.
Scott should sign the death warrant for Gore. Then Gore should be executed.
Gore killed six women in Indian River County between February 1981 and July 1983, and buried their bodies in the canal banks near Oslo Road. His victims — four of them teenagers — all were denied a future. In an instant, their families lost a loved one. (In the case of Gore’s first two victims — 17-year-old Ying Ling and her mother, Hisang Ling, 48 — the family lost two loved ones.)
Thankfully, Gore was caught and arrested in 1983, and sentenced to death in 1984. As part of a plea deal, he also was given five consecutive life sentences.
Ponder that for a moment: Gore was sentenced to death in 1984. This is 2011. He has been sitting on death row for 27 years.
Is this what passes for justice in our state?
In January 1989, Gov. Bob Martinez signed a death warrant for Gore. Two weeks later, U.S. District Judge Williams Hodges ordered a stay of execution 48 hours before he was to be put to death.
This was just one of many delays throughout the years that prolonged Gore’s execution.
Gore now has exhausted all of his appeals, according to the state Attorney General’s Office, and his fate is in the hands of Scott, who signed his first death warrant June 30, for the execution of Manuel Valle. Valle is slated to be executed Sept. 1.
The families of Gore’s victims — and countless other people in Indian River County and throughout our region who’ve grieved along with them — are looking to Scott to do the right thing and put David Alan Gore to death.
There never will be closure for the families of Gore’s victims. There can, however, be justice.
The time for Gore to die for his brutal crimes is long past due.
Letters for use in Gore’s clemency hearing due this week
Serial killer David Gore can’t be executed until he receives a clemency hearing.
He’s a day closer to receiving one.
Sentenced to death 28 years ago, Gore — who killed six women in the early 1980s — has beaten the odds at the Union Correctional Institution in Raiford. The average length of stay on death row before execution is 12.91 years, according to the Florida Department of Corrections.
The State Attorney General’s office recently contacted family and friends of Gore’s victims and asked them to write a letter describing how they have been impacted by the crime.
The letters will be included in the final report given to the Clemency Board, which includes Gov. Rick Scott and Cabinet members.
They were given a Feb. 1 deadline to submit the letters.
Carl and Jeanne Elliott — whose 17-year-old daughter, Lynn, was Gore’s final victim — collaborated on a one-page letter. (They divorced in 1986, three years after Lynn was killed, but they are working together to see that Gore is executed.)
Lisa Burford, one of Lynn’s classmates, also submitted a one-page letter.
She spent the first two paragraphs talking about her friendship with Lynn and the “what-ifs” that will never be answered.
In the third paragraph, Burford, 46, urged members of the Clemency Board to consider what Lynn never got to experience in life.
“I choose to also remind you of how her death impacted HER by sharing what she was never blessed to do, and how guilty I feel that I did,” she wrote. “She never graduated from college, got married, or felt the joy of motherhood. She never had the opportunity to start a career, or two.
“She never had the pleasure of lunching with her mother and sharing that she was getting married, expecting her firstborn, or buying a house. She never had the chance to do the everyday mundane tasks that many of us complain about, because she never had the chance to live!!”
I called Burford on Monday and asked her about the heartfelt letter.
“I’m not a huge proponent of the death penalty,” she said, “but there are situations where there is no other alternative — and this is one of them.”
With Wednesday’s deadline for the victim-impact letters looming, it’s anyone’s guess when the clemency hearing will be held. I tried without success to get anyone in Tallahassee to go on the record regarding a possible timeline.
No one would say if we’re talking days, weeks or months.
“It sounds like this case may well be in the final stages,” said Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C. “Typically, clemency hearings are done only close to an execution.”
In a Jan. 17 letter to the State Attorney General’s office, a representative from the Florida Parole Commission indicated the victim-impact letters needed to be received by Feb. 6 to be included in the final report to the governor.
So, the report could be in Scott’s hands as early as next week.
Pete Earley’s new book “The Serial Killer Whisperer” has turned a spotlight of sorts on Gore. The book includes letters written by the serial killer. It was the No. 1 best-seller in nonfiction again last week at the Vero Beach Book Center. (The store reports 70 copies have been sold.)
Burford, who lives in West Palm Beach, said she wants to see the death penalty carried out because Carl and Jeanne Elliott have waited so long for justice.
“Knowing the agony they went through, and knowing how they want the outcome to be, that’s why it’s very important for me,” the former Lisa Pyle said.
Several local residents — including Rick Lane, Beverly Hilton, Charles Searcy and Kim Massung — have written letters urging the governor to sign Gore’s death warrant. Lane says he continues to do it because of the respect he has for Carl Elliott, whom he worked with at the Sheriff’s Office.
Burford and Lynn Elliott met in sixth grade at what is now Gifford Middle School.
“She was from the beach side of Vero, and I was from the country side of Vero,” she said.
They have birthdays just one day apart. (“That’s a big deal when you’re 11,” she said.) She visits Lynn’s grave every year on Lynn’s birthday.
Perhaps this year she’ll have some good news to tell her.
Gov. Rick Scott has signed the warrant for David Alan Gore to be put to death for the 1983 rape and murder of a teenage girl on the Treasure Coast.
Gore’s execution is scheduled for April 12 at 6 p.m. at Florida State Prison.
The death-row warrant is the fourth for Scott.
Earlier this year he signed the warrant for Robert Waterhouse, who was out on lifetime parole for second-degree murder in New York when he was convicted of killing of a St. Petersburg woman, Deborah Kammerer, in 1980.
Last year, Scott signed the death warrants for Oba Chandler, convicted of murdering a woman and her two daughters who were vacationing in Tampa from Ohio in 1989, and convicted cop killer Manuel Valle.
Russ Lemmon: Gore’s execution date (April 12) circled on her calendar
Lee Martin is planning to make the 7- to 8-hour drive from her Georgia home to Raiford to witness serial killer David Gore’s execution.
“I’m not going to miss it,” she said. “I want to see that man die.”
On Tuesday, Gov. Rick Scott signed Gore’s death warrant. The execution, by lethal injection, is scheduled for April 12 at the Florida State Prison.
Martin’s daughter, Regan, and Lynn Elliott were abducted by Gore and his cousin, Fred Waterfield, on July 26, 1983. Gore shot and killed Lynn, who was 17. Regan, 14, survived the ordeal.
Gore, now 58, killed six women in the early 1980s.
Lee Martin, 74, said she wants to be at the execution to show support for Jeanne Elliott, the mother of Lynn.
As of Tuesday, Regan Martin said she was undecided whether she would be attending.
“Whatever she decides is all right with me,” Lee Martin said.
Meanwhile, she described herself as “elated” over news about the governor signing Gore’s death warrant.
“I really wish I could have been there to see the look on his face when he was told April 12 was going to be his last day on earth,” Lee Martin said. “I would have given anything to see that look on his face.”
Thomas Arthur is a death row prisoner in Alabama who could be exonerated by a DNA test, but the courts are preventing this from happening. Another man has already confessed to the crime. Why is this happening?
The death penalty is immoral. No one has the right to intentionally take someone else’s life. And America’s death penalty system is broken.
30 Years On Death Row
Thomas Arthur was sentenced to death for the murder of Troy Wicker in 1982, so he’s been on death row for 30 years. He has always maintained his innocence, and another man has confessed to the crime. So why are the Alabama courts refusing to allow post-conviction DNA testing in this case?
Three times Alabama tried Arthur for murdering Troy Wicker on February 1, 1982. Three times the state got a conviction and death penalty against him. Three times there were problems at trial.
Arthur was set to be executed on March 29, 2012, but received a stay-of-execution related to his claim that it is cruel and unusual punishment for the state to use a new sedative called pentobarbital as part of the lethal injection.
Victim’s Wife Was Lying
Alabama seems to have based its entire case against Arthur upon the testimony of Judy Wicker, Troy’s wife, who said at the time of the murder that she had been raped by a stranger. Over and over again state investigators asked her if Thomas Arthur was involved in the crime. And over and over again she said no.
What happened was that Judy Wicker was lying. Turns out she had hired someone to murder her husband — and got caught doing so! Several months after her husband’s death, Wicker was convicted of murder and sentenced to life in prison. A few years later, however, she cut a deal with prosecutors. In exchange for a recommended early release from prison, she would change her testimony and accuse Arthur of the crime. And that’s what happened. Wicker’s testimony secured Arthur’s third and final conviction. And this time, for over 20 years now, all of the state and federal courts that have reviewed the case have endorsed that result.
Were this all to the story it would be bad enough. But in 2008 things got worse. A man named Bobby Ray Gilbert confessed under oath to murdering Troy Wicker. In a sworn affidavit, Gilbert said he started an affair with Judy Wicker after they met at a bar and soon agreed that he would kill Troy Wicker, whom Judy Wicker claimed was an “abusive” husband. They agreed, Gilbert said decades later on paper, that he would wear an “Afro wig” and dark make-up as a disguise. After he shot Troy Wicker, Gilbert wrote, he and Judy Wicker had unprotected sex, after which she asked Gilbert to “beat her up” so it would look like rape.
Thomas Arthur Must Be Exonerated
Thomas Arthur appears to be innocent. In fact, both the prosecution and defense agree they have evidence worn by the perpetrator of the crime, and Arthur’s lawyers want that evidence retested with advanced DNA technology.
The defense has offered to pay for the testing, and Alabama should allow it.
If you think this case is outrageous, sign our petition telling Governor Bentley of Alabama to allow the DNA testing that could save Arthur’s life.
MONTGOMERY, Alabama — A federal appeals court has granted a stayof execution for an Alabama man who was set to die next week in a 1982 murder-for-hire case.
The 11th U.S. Circuit Court of Appeals on Friday postponed the execution of Thomas Douglas Arthur until further action of the court.
Earlier in the week the court had reversed a judge’s decision to dismiss Arthur’s appeal, which contended that Alabama’s decision to use a new sedative called pentobarbital as part of a three-drug execution combination could be cruel and unusual punishment.
Arthur’s attorneys on Thursday had sought a stay while the state asks the entire 11th Circuit to reconsider the court’s decision.
Arthur was set to be executed on March 29 for the 1982 murder-for-hire killing of Muscle Shoals businessman Troy Wicker.
update march 21 : source
ATLANTA — A federal appeals court has revived an Alabama death row inmate’s challenge of his state’s new three-drug lethal injection protocol.
The 11th U.S. Circuit Court of Appeals on Wednesday reversed a judge’s decision that dismissed Thomas Arthur’s appeal.
Arthur is set to be executed on March 29 for the 1982 murder-for-hire killing of Muscle Shoals businessman Troy Wicker. It is unclear whether Wednesday’s decision will postpone his execution.
His attorneys claimed that Alabama’s decision to use a new sedative called pentobarbital as part of its three-drug execution combination could be cruel and unusual punishment. State attorneys pointed to successful executions where pentobarbital was used.
The three-judge panel’s decision said the judge who dismissed Arthur’s appeal should have considered whether the swap constituted a “significant change” to Alabama’s execution protocol.
MONTGOMERY, Ala. — A lawyer for death-row inmate Tommy Arthur says she wants a chance to argue in court that the procedure the state plans to use this month to execute her client may be unconstitutional.
An April 2011 change in Alabama’s execution procedure is at issue in the case, The TimesDaily of Florence reports (http://bit.ly/wu60LY ).
The change involved a switch in the first of three drugs administered during lethal injections. The state switched to the drug pentobarbital in 2011, when supplies for sodium thiopental ran low.
Arthur’s lawyer, Suhana Han, argued in federal appeals court this week that the change in procedure might result in an inmate suffering cruel and unusual punishment, which is prohibited by the Eighth Amendment to the U.S. Constitution.
The second injection in the trio causes paralysis, so even if an inmate were still conscious, they may not be able to communicate that they can feel pain, Han said.
Arthur’s lawyer, Suhana Han, argued in federal appeals court this week that the change in procedure might result in an inmate suffering cruel and unusual punishment, and should have been significant enough to trigger an appeals process.
The change should have been significant enough to trigger an appeals process, she maintains.
Assistant Attorney General Clay Crenshaw argued Monday that the switch in drugs was not a significant change to the state’s lethal injection procedure and that safeguards are taken to ensure an inmate is unconscious.
Those safeguards include saying his name, waving a hand close to his eyes and pinching him, Crenshaw said.
Crenshaw said he expects the three-judge panel to make a decision later in the week or early next week.
Arthur was sentenced to death for the Feb. 1, 1982, contract killing and robbery of Troy Wicker Jr. in Muscle Shoals. He is scheduled to die March 29.
Man on Alabama death row makes appeal for new DNA test
Lawyers for a convicted murderer who has spent the last 30 years on Alabama’s death row and is due to be executed on March 29 are asking for a new DNA test to prove his innocence.
Thomas Douglas “Tommy” Arthur, 70, has spent nearly half his life on death row for his role in the 1982 contract killing of Muscle Shoals businessman Troy Wicker Jr. Arthur’s lawyers say no physical evidence linked him to the crime. “We do believe that reasonable doubt exists here, and advanced DNA testing could resolve any doubt,” Arthur’s lead attorney, Suhana Han, said in an email statement.
The state plans to go ahead with the lethal injection barring a last-minute reprieve by the courts. Arthur’s argument for the testing is based on testimony already found by a court to be untrue and has no bearing on the death row inmate’s pending execution, said Assistant Attorney General Clay Crenshaw. http://www.chicagotribune.com/sns-rt…,7803317.story
Case from Arthur’s website
The following is not provided by the Innocence Project. Information is based on facts from case documents.
1. Thomas Arthur has sat on Alabama’s death row for over 25 years for the murder of Troy Wicker. He has always maintained his innocence.
2. He has been scheduled for execution 4 times. Hair and finger prints found at the crime scene did not match him. No physical evidence linked him to the murder. No murder weapon was ever found. Eye witnesses said he was 75 miles away when the murder was committed. Recent DNA testing in 2009 of the crime scene evidence came back negative for Thomas Arthur. See DNA Test Results
Thomas Arthur’s DNA Was Not Present On Crime Scene Evidence
3. The state’s key witness, the victims wife, Judy Wicker (Mary Turner now) was convicted of murdering her husband for $90,000.00 of insurance money. She was given a life sentence. In her first 7 sworn statements while under oath, Judy Wicker testified Thomas Arthur had nothing to do with the murder.
4. Judy and her sister Theresa were both found at the crime scene with blood on their clothes. Neither woman were tested for GSR (Gun Shot Residue) to see if they had fired a weapon. The bloody clothes have never been DNA tested to see if Troy Wicker’s blood was on them.
5. After serving 10 years in prison Judy Wicker was released from prison in exchange for a new testimony to say Thomas Arthur killed her husband. She also changed her testimony to say it was Thomas Arthur that beat her up and killed her husband. In the original interviews, Judy Wicker now stated Thomas Arthur had sex with her
after killing her husband. This version changed after the interviews and police never charged Thomas Arthur with rape. Originally Judy has said a black man beat her up and raped her. Judy Wickers statements disappeared from the records along with much of the physical evidence including the rape kit.
6. Investigators ignored key evidence and did not disclose key evidence that could of proven Thomas Arthurs innocence. This conviction was based on very weak circumstantial evidence and the key witness is a convicted murderer and has committed perjury.
7. Thomas Arthur has never had his 1st habeas corpus review. 8. Thomas Arthur’s most recent execution scheduled for July 31, 2008 was stayed by the Alabama Supreme Court after the stay had already been denied by the Alabama Supreme Court. Another man, Bobby Ray Gilbert said that he committed the murder not Thomas Arthur. Read Confession
The July 31st, 2008 execution was stayed based on the confession of Bobby Ray Gilbert. A hearing was scheduled
for April 15th, 2009 in Jefferson County Circuit Court before Judge Theresa Pulliam. After hearing testimony from Bobby Ray Gilbert and several others, Judge Pulliam ordered DNA testing on 3 pieces of physical evidence that was collected at the crime scene in 1982. The three pieces of evidence were clothing worn by the victims wife, Judy Wicker, a wig prosecutors and Judy Wicker said Thomas Arthur wore before, during and after the murder, and a single strand of hair found at the crime scene on Judy Wickers shoe. Other key pieces of physical evidence were not available for testing, including a rape kit, because the State had lost them. On July 10th, 2009, DNA test results were turned over to Judge Pulliam. See DNA Test Results 9. Judge Pulliam “sealed” the test results and prevented the defense from disclsoing results.
10. August 10, 2009, Judge Pulliam ruled Bobby Ray Gilbert lied and that DNA test results proved he was not at the crime scene and could not have committed the murder. She also ruled Thomas Arthur perpetrated fraud against the court and provided Bobby Ray Gilbert with information to aid in his confession. There was no evidence to prove Thomas Arthur provided information to Bobby Ray Gilbert. However, lets assume he did provide information to Gilbert. What would this prove? It would prove Thomas Arthur was attempting to prove his innocence in the only way he could, to have the DNA tested. The courts would not allow him to test the DNA evidence simply because of his claims of innocence. The United States Supreme Court has ruled DNA testing to prove your innocence is not a constitutional right.
11. The most crucial piece of evidence, the wig worn by the killer could not be DNA tested by Alabama’s Forensic Department becuase they lack the advanced equipment needed for the test. Arthur requested that the wig be tested by a more advanced lab at the defense’s expense. Pulliam denied the request.
12. April 15th, 2011, the State of Alabama files a motion to set a new execution date.
****Bobby Ray Gilbert’s DNA was not present at the crime scene.
Neither was Thomas Arthur’s. ****That is a fact that cannot be ignored.***
13. June 22nd, 2011 The Supreme Court of Alabama denied the State of Alabama’s Motion to set a new execution date. (click on “links to motions filed” tab on left of home page to see copy of order)
It makes one wonder, if DNA test results prove one man was not at the crime scene and is lying about committing this murder, then how is it possible those same DNA test results cannot confirm Thomas Arthur was not at the crime scene? How can the same DNA test results say one man was not there and then say the other man was there? DNA test results were the same for both men… negative.
Additional DNA Evidence that includes blood, hair and semen was recovered and still exists, but it has never been DNA tested !!! Yet the State of Alabama not only REFUSES to DNA test the crime scene evidence –but it is refusing to allow Arthur to have the evidence DNA tested at HIS EXPENSE!!! See all the Evidence Collected By The State of Alabama
Note:
The same day as the confession and the stay of execution the state of Alabama’s attorney general, Troy King and Clay Crenshaw claimed a rape kit and other physical evidence collected at the crime scene in 1982 is missing. After all these years of Thomas Arthurs defense team trying to obtain it, it is now missing. Troy King also stated to the media the DNA would not have matched Thomas Arthur anyway. King said Arthur had planted all the DNA evidence. This stunned legal professionals especially since DNA testing was not around in 1982 when the murder was committed.
The Innocence Project based in New York is involved in Thomas Arthurs case. They are assisting Thomas Arthurs attorneys and have written numerous letters and filed several motions on Arthurs behalf. Click on the Innocence Project link for more information. There are many prominent organizations that have requested additional DNA testing in Arthur’s case. The Innocence Project in New York, Amnesty International, The Saint ‘Egidio Community, The Justice Institute, for the wrongfully convicted, DER/SPIEGEL, former Governor Jim Petro, Alabama Senator Hank Sanders, Equal Justice Initiative of Alabama, Sister Helen Prejean. There are many other organizations involved in demanding additional DNA testing in Arthur’s case. Project Hope to Abolish the death penalty, National Coalition to Abolish the death penalty, Florida support groups, The Patrick Crusade, are among the many organizations that have been involved. There are many individuals who are helping on a personal level. There are to many to name them all. Literally tens of thousands of United States Citizens, and people around the World have written or called on Arthur’s behalf.
This page has the basic history of Thomas Arthur’s case. This case is very complex and has many files.The murder of Troy Wicker occurred February 01, 1982. Thomas Arthur has been convicted in 3 separate trials. Most assume that if he has had three trials, he must be guilty if he was convicted three times. The attorneys appointed to represent him at all three trials had never tried a capital murder case before and were subjected to a $1,000.00 cap on fees paid to them by the State of Alabama. Recent Article Thomas Arthur even produced documents showing that his attorney’s had told him they were not prepared or qualified to defend him. He also showed he was not able to communicate with them. Several jury members have since made statements that if they had been allowed to view all of the evidence, they would not have found him guilty. By the time he found a law firm to represent him pro-bono, (2001) , based in New York, they, with a private investigator found many new pieces of new evidence. However, because Arthur had no attorney during his post-conviction appeals,(Alabama is the only State in United States that does not provide a death row inmate an attorney during this post-conviction appeal process) his rule 32 was filed late. Therefore, none of the new evidence has ever been allowed to be shown to a Court of Law.Thomas Arthur, Alabama death row inmateZ-427 has sat on death row for over 20 years. He has been denied DNA testing of crime scene evidence, and his claim of innocence, nor any of the irregularities related to the investigation of the murder, has EVER been considered by a state or federal habeas court for how they affected his constitutional right to due process, a fair trial, effective assistance of counsel. the State of Alabama states he has “exhausted all of his appeals”. When in fact he has never had any of his post-conviction appeals heard by any court.We have added an additional page for the media (click on the link to motions filed) to find all the past and current motions filed. If you have questions or request more file information, go to the contact us page and contact Sherrie Stone for any media information or call Arthur’s Attorneys SuHana Han 212-558-4647 or Jordan Razza 212-558-3496 for legal issues.
The following is the background information :
The following are “facts” in Thomas Arthur’s Case:DNA Evidence that includes blood, hair and semen was recovered and still exists, but it has never been tested!!! Yet the State of Alabama not only REFUSES to DNA test the crime scene evidence—but it is refusing to allow Arthur to have the evidence DNA tested at HIS EXPENSE!!!
DNA Evidence that includes an untested rape kit, bloody shirts, and hair has never been tested. The State of Alabama has denied Thomas Arthur the right to evidence that could conclusively prove Thomas Arthur’s innocence and that Thomas Arthur was never at the crime scene. Because of an act called the AEDPA act, Read the ADEPA Act , this evidence is not being allowed because it is based on a 1 year time limit on filing your petition within a year. Very hard for a death row prisoner to file this if they have no attorney. Arthur had no attorney. The State of Alabama is the only State that does not guarantee a Death Row Inmate the right to an attorney during the post conviction appeals.
No physical evidence links him to the crime. His conviction was based almost exclusively on the testimony of a convicted murderer. Although DNA testing was not available when the crime was committed, hair and fingerprints found at the scene of the crime did not match Thomas Arthur. See all the Evidence Collected By The State of Alabama
Two eyewitness gave statements (exculpatory affidavits) placing Thomas Arthur 75 miles away at the time of the crime. These eyewitnesses were visited by the State of Alabama and under suspicious circumstances changed their statements. However, one of the witnesses changed his story back to the original story, then recently was visited by the State and changed his story again under very “pressured circumstances”. The other witness has made statements that he is frightened of losing his business and “other” things. The first time these witnesses gave their statements, they came forward on their own, under no pressure. See Witnesses 1st StatementsSee Witnesses 2nd Statement After State Visited Them You can view additional statements made by the attorney and private investigator that were present during the first statements made by the witnesses. See Attorney And Investigator Statements
The victim’s wife Judy Wicker was charged with the murder and originally stated under oath Thomas Arthur was not the murderer, but she did name two other people that assisted her with committing the murder. Judy wicker stated she had paid her sister , Theresa Rowling $6000.00 and Theresa’s boyfriend Theron McKinney had received a Trans Am. Theresa had cashed a check in the amount of $6,000.00 from Judy. They were never charged with a crime, regardless of Theresa being found at the crime scene with her sister Judy and both had blood on their clothes. Neither Judy or Theresa were tested to see if they fired the gun that killed Troy Wicker. Numerous Law Enforcement Officials were on the scene with the equipment to perform such a test. See Writ of Certiorari With All Information A recent statement made by the Alabama Attorney General Troy King is “he was aware of an affair Judy Wicker was having with one of the police officers at the crime scene and the untested semen could belong to anyone”. He went on to state “Judy was known for her promiscuous behavior”. This could be why Judy or her sister Theresa were never tested to see if they fired the gun that killed Troy Wicker.
Judy Wicker never testified at Thomas Arthur’s 1st and 2nd trials. However, she did sign statements that he had nothing to do with the murder , and made numerous written statements(7 times) that Thomas Arthur was not the murderer. She did tell investigators Mays, and Aycock she paid her sister Theresa and Theresa’s boyfriend to help her with the murder. However, after serving 10 years in Tutwiler prison, she changed her testimony by force from the DA in exchange for freedom. She then stated that she had sex with Arthur and he then killed her husband . (There is a rape kit the State refuses to DNA test). After signing the statement, they did not release her. The State then told her she would have to wait and see if Thomas Arthur got a new trial and he did. The State lied to her and did not release her. They made her wait four more years. Then Judy Wicker was forced to testify at Thomas Arthur’s 3rd trial to say he was the murderer. She was released from prison in exchange for her testimony. The prosecutor during Arthur’s 3rd trial, when Judy Wicker changed her testimony in exchange for early parole, had represented Wicker as her defense attorney during her previous unsuccessful parole hearing. She also stated at first she was raped by an Intruder then he killed her husband. That was her statement 7 different times. The final statement, the one she gave in exchange for parole, she said Thomas Arthur had sex with her, then killed her husband. The untested rape/sex kit could be compared to the FBI data base to see if it matches someone else that could have murdered Troy Wicker. After the recent statement made by the Alabama Attorney General, Troy King, that untested kit could match the police officer at the crime scene with Judy Wicker that morning. It seems as if it would match anyone other than Thomas Arthur. If you click on the link , look at pgs 2,3,4 & 5 See Writ of Certiorari With All Information .
Alabama is the only State that does not provide death row inmates the right to an attorney during post-conviction petitions. Read Recent New York Times Article The inmates are supposed to have the right to a law library to research and file their own petitions. Thomas Arthur did not have an attorney and was given access to a “day” room with no law books. See Statement From Holman Prison Official He was told he could request the law books. By the time he found a voluntary attorney, his petition was denied for being filed late. Therefore he is denied his FIRST HABEAS CORPUS review. He has been turned down for the right to the reviews that will prove his innocence. He will be executed without receiving ANY State or Federal reviews.
The Holman Prisons Warden denied visitation by an investigator who was willing to try and ferret out the facts that would enable an lawyer interested in Arthur’s case to decide to represent him.
Holman Prison lacks a law library for death row prisoners or information about how to qualify for a state or federal post-conviction lawyer.
Thomas Arthur made many unsuccessful efforts to interest a pro bono lawyer in his case, including an article in Justice Denied (Aug-Sept. 1999) Read Article
Several jury members have made statements that if they had seen all of the evidence, they would not have found him guilty.
The victim, Troy Wicker’s sister has signed an affidavit that she does not believe Thomas Arthur Killed her brother. She is asking that Governor Riley stay the execution until the crime scene evidence can be DNA tested . See Wickers Sister Statement.
The State has made numerous statements that the DNA testing of the crime scene evidence would not prove Arthur’s innocence. The Innocence Project based in New York, is the Nations leading experts in DNA testing, and wrongful convictions have strongly disagreed. The Governor of Alabama’s legal advisors even requested Post-Conviction DNA testing information from the Innocence Project. See Letter From Innocence Project Now with a confession from a man that says he committed the murder, with the leading experts in DNA testing stating that DNA testing the evidence could prove Arthur’s innocence, and prove if the confession of the man that claims to have killed the victim, is in fact the killer. The State still insists on executing Arthur without allowing DNA testing at Arthur’s expense.
CLICK ON “LINKS TO MOTIONS FILED” TO THE LEFT TO SEE ALL
RECENT MOTIONS FILED & ALL FACTS IN CASE
When the execution procedure began at 6:04 p.m., and the blinds covering the window between the execution chamber and the viewing area were raised, OSP Warden Randy Workman asked Stemple if he had a last statement. Stemple, with his eyes closed, simply nodded his head from left to right, indicating he would have no last words. At 6:05 p.m. Workman said, “Let the execution begin.”
† Stemple’s time of death was announced by an attending physician at 6:11 p.m. His execution was witnessed by seven members of the media; members from the Oklahoma Attorney General’s Office; Tulsa Police Chief Chuck Jordan; Sheriff Glands from Tulsa; OSP and Oklahoma Department of Corrections staff; Stemple’s mother and father, his two sisters and his daughter; and 12 members of the victim’s family. Other victim’s family members were present, however, they watched the execution via live video feed outside of the execution chamber.
Trisha Stemple’s sister, Deborah Ruddick-Bird, made a statement to the media following the execution. “Today is not about Shaun,” she said. “Today is about justice, finality and closure for my beautiful sister Trisha. … Today we say it is finished.”
A written statement was provided by Michael Steen on behalf of Trisha Stemple’s father, Morris Ruddick, who was unable to attend the execution as he is out of the country on a missionary assignment. “The media often speaks of closure during tragic events such as those witnessed today,” the statement reads. “I think it more appropriate to say we think of this as a foreclosure. The State has collected his body and his mind as compensation for his transgressions. Before the judgment seat of Christ, the Lord will determine the eternal outcome for his soul.”
McALESTER – The execution Thursday night of Tulsa County killer Timothy Shaun Stemple appears to be on schedule after Gov. Mary Fallin’s office confirmed earlier today that she will not issue a stay.
The Tulsa cop who helped convict him says he’s evil.
His family is still convinced he is innocent.
Either way, the clock is ticking down for Timothy Shaun Stemple, convicted of killing his wife with a baseball bat in 1996.
His brother-in-law, John Smucker, will be leading a rally outside the Governor’s Mansion in Oklahoma City right up until the last minute, hoping to convince Mary Fallin to issue a stay of execution.
“I voted for her, and I believe she is an agent of change and will honestly look at this,” Smucker said. “There’s still hope.”
Fallin however has already been quoted as saying that she will not intervene.
Smucker says his family has evidence that has not been considered by the courts, that shows Stemple is innocent.
He also says the Oklahoma City University chapter of the Innocence Project, a non-profit group dedicated to proving the innocence of people who are wrongly-convicted, is asking the Governor to stay the execution.
Prosecutors say Stemple and a teenaged accomplice beat Trisha Stemple with baseball bats along Highway 75 between 81st and 91st streets and also ran over her with a truck to make it look like a hit-and-run accident.
Smucker believes it was in fact a hit-and-run accident, and that the driver who hit Trisha Stemple is still out there somewhere.
He said if people want to contact the Governor’s office about the execution, they can call (405) 521-2342
The Office of Governor Mary Fallin
Oklahoma State Capitol
2300 N. Lincoln Blvd., Room 212
Oklahoma City, OK 73105
Oklahoma is preparing to execute Timothy Stemple for the killing of his wife.
The 46-year-old Stemple is to die at 6 p.m. Thursday He was convicted of plotting with a relative of his mistress to kill 30-year-old Trisha Stemple and collect insurance money. She died Oct. 24, 1996, along U.S. Highway 75 in Tulsa. Prosecutors said she was beaten in the head with a bat and run over with a pickup truck.
Stemple’s family requested Gov. Mary Fallin stay the execution so medical testimony disputing his accomplice’s account of the crime could be heard in court. The Pardon and Parole board last month denied Stemple’s plea for clemency.
Stemple requested a last meal of a large stuffed crust pizza topped with half-pepperoni, half-Canadian bacon and extra cheese, and orange soda.
This letter is written by Timothy Shaun Stemple as his final letter. We believe that this letter should be made available for anyone to read.
March 5, 2012
To whom it may concern,
When my wife and best friend Trisha Stemple was killed, it devastated me. I found some strength in our combined families, but I was still lost. When I was accused of her killing and learned that the police ignored (as I wrongly believed) the eyewitness’ testimony and the lies told by my accusers, I broke.
As I write this, I am certain that I will soon join Trisha & my son – our son – Shane. My two great hopes are that Trisha’s family learn that Trisha was killed almost instantly and that my family never did or would abandon Trisha – even in memory.
For either hope to be realized, it must become publicly acknowledged, that while no police officer or prosecutor set out to do wrong – a simple mistake, compounded by a flawed process has resulted in final injustice. The inevitable errors which occur when human beings must sift through lies & conflicting evidence are always denied by the State. While this is not important now for me at this moment, I and my family, as well as Trisha’s family, though they have yet to learn it – are the “collateral damage” in the war on crime.
To those who experience the State’s adamant refusal to acknowledge the in defendable – evil is done. The wrong done: Trisha’s death and mine – contains no confusing issues, no difficult forensic concepts – all anyone need do is look – the State now publicly admits that the actual murderer – who escaped the death penalty in exchange for these lies – could not truthfully include me in the crime – even to save his life. If the Attorney General knows this, why am I to die? Why then does the state continue to emotionally rape Trisha’s family by allowing them to continue believing Trisha was essentially tortured to death when they know she must have died instantly? The adversarial process demands its collateral damage, and perhaps those involved do all they can to limit such damage. But to those who experience it and will die in the name of “Public Confidence” – those who know best – and stand silently by in noble pose – Do True Evil. The powerless who do nothing are forgiven; the powerful who do nothing are condemned.
My death is a small thing, I go to God and my wife and son, and we will watch. I do hope that both our families find some peace, and that the great wrong done to us all can somehow be used to fix a thing so broken as to allow this.
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.
Garry Thomas Allen is now scheduled to be executed April 12 after Gov. Mary Fallin issued an additional 26-day stay Tuesday.
Allen, 56, was set to be executed Saturday after a 30-day stay that was granted in February expired.
Last month, Fallin granted the 30-day stay from the original Feb. 16 execution date to allow time to evaluate the Oklahoma Pardon and Parole Board’s clemency recommendation.
The governor met with the Federal Public Defender’s Office, the Oklahoma Attorney General’s Office and the victim’s family to review Allen’s case and, after examining the arguments and evidence, determined that clemency should be denied and the sentence of death shall be carried out, spokesman Alex Weintz said.
Allen was sentenced to death for the 1986 Oklahoma City murder of the mother of his two children, Lawanna Gail Titsworth, 42. Allen’s attorneys have said he was mentally impaired when he killed Titsworth.
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 crushedafter 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.
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.
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