![]() |
Susan Sarandon |
![]() |
Susan Sarandon |
June 24, 2015
June 14, 2013
Oklahoma Governor Mary Fallin has chosen not to follow the recommendation of the Oklahoma Pardon and Parole Board.The Board recommended that death row inmate Brian Davis have his sentence commuted to life in prison without the possibility of parole.Governor Fallin has decided that the execution will proceed as scheduled.
June 7, 2013
The Oklahoma Pardon and Parole Board voted 4-1 to recommend that death row inmate Brian Davis have his sentence commuted to life in prison without the possibility of parole.The Board’s recommendation now goes to Oklahoma Governor Mary Fallin for approval or rejection.Governor Fallin can also grant up to two, 30-day temporary stay of executions in order to review the case before making her final decision.
May 7, 2013
Brian Darrell Davis is scheduled to be executed at 6 pm CDT, on June 25, 2013, at the Oklahoma State Penitentiary in McAlester, Oklahoma.Thirty-nine-year-old Brian is convicted of raping and killing 52-year-old Josephine “Jody” Sanford on November 4, 2001, at his Ponca City, Oklahoma, apartment.Brian has spent the past ten years living on Oklahoma’s death row.
Brian Davis returned home from a night out with friends at a local club in the early hours of November 4, 2001.Davis discovered that his girlfriend, Stacey Sanford, and their three-year-old daughter were missing.Davis, concerned, called Stacey’s mother, Jody Sanford, to see if she knew where they were.Jody told Davis that she did not know.Ten to fifteen minutes later, Davis called Jody again, asking if she would go find them.When Jody was unable to locate them, she went to Davis’s apartment.
The next morning, shortly after 9 am, Stacey returned to the apartment and found her mother dead.Stacey immediately called the police who began investigating.Meanwhile, Davis, while driving Jody’s van, was involved in a single car accident and seriously injured when he was ejected through the front windshield.Davis was arrested and his blood alcohol level was determined to be .09 percent.Davis was transferred to a Wichita hospital for treatment.
What happened from the time Jody arrived to the time that Stacey found her is unclear, as Davis made several conflicting statements of the events that transpired.In his initial statement, given the day of the accident, Davis remembered Jody arriving at the apartment, but nothing after that until he woke up after the accident.Two days later, Davis was again interviewed by the police.Davis initially repeated that he did not remember, however, during questioning, his memory seemed to improve.
Davis said that Jody came over and the two began to talk about religion and his relationship with Stacey.Davis, angry, informed Jody that he was not committed to Stacey.The two began to argue.According to Davis, Jody stood up and continued to “lecture” him.Davis got angrier, accused her of being “in his face” and told her to “back up,” pushing her backwards.Jody then grabbed a knife and cut Davis’s thumb.Davis hit her on chin, likely causing a fracture to her jawbone, and grabbed at the knife.During the struggle for the knife, Davis was cut.Davis eventually got possession of the knife and told Jody to get back, stabbing her in the stomach.Davis and Jody wrestled down the hallway, resulting in Jody being stabbed in the leg.
The two ended up in the bedroom, where Davis told Jody to stop and put the knife down.Jody agreed, if Davis would let her go.When Davis let her go, she ran towards the knife, but Davis grabbed it first, stabbing her in the left side.Jody then told Davis she could not breathe.Davis instructed her to lie down and wrapped her up in a blanket, saying it was to keep her from bleeding to death.Davis said he heard her stop breathing, but then fell asleep.When Davis woke up, he claims he panicked and fled in Jody’s van so he could figure out what to do.
One of the detectives interviewing Davis, showed him evidence that Jody had been chocked and/or strangled.Davis admitted it may have happened while they were wrestling.Davis adamantly denied having sex with her.
In the months that followed, Davis told three different stories to Stacey.First, he claimed he thought Jody was an intruder.Later, he told her a story similar to the one he told the detectives.After DNA testing showed that Davis had sexual intercourse with Jody, Davis told Stacey, that Jody came over and was upset about her husband’s infidelity.Davis claims he tried to comfort her and the two ended up having sexual intercourse.After the encounter, Davis claims he was struck on the back of the head by Jody and events unfolded from there.
A trial, Davis told yet another version, similar to the last story he had told Stacey, but with more details.Davis also maintained that he did not intend to kill Jody; he was just trying to defend himself.
This was not Davis’s first encounter with the police.In 1995, Davis was twice convicted of rape.Also in 1995, he was convicted of unlawful possession of cocaine.He was released after serving two years.
UPDATE: Gov. Mary Fallin refused to grant clemency to Davis. On June 6, the Oklahoma Pardon and Parole Board recommended clemency for Brian Darrell Davis, who is facing execution on June 25. The board voted 4-1 to recommend that Davis’s death sentence be commuted to life in prison without parole. The parole board recommended clemency after Davis took responsibility for the crime and apologized to the family of the victim. “A weight lifted off of all of us,” said his mother, Yvonne Davis. “Brian does deserve a second chance.” Davis was convicted of murdering his girlfriend’s mother. The recommendation now goes to Governor Mary Fallin, who can approve or reject the vote. The governor also has the authority to grant a 30-day stay in order to consider the case further.
November 6, 2012 http://mcalesternews.com
Witnessing the execution were two media representatives, two of Allen’s attorneys, the victim’s sister-in-law, Oklahoma Department of Corrections Director Justin Jones and several Department of Corrections employees.
At 5:58 p.m., Jones gave the go-ahead for the execution procedure to begin and the blinds between the witness area and the execution chamber were raised.
Allen raised his head from the execution gurney and looked into the witness room. His eyes wandered until they landed on familiar faces. When he saw his attorneys he said, “Hi.” And they lifted their hands and waved at him.
Allen then began to talk. He rambled unintelligibly about Obama and Romney. Allen’s garbled speech about the presidential race coincided with a loud banging noise as the other inmates in H-Unit said their good-byes.
“Obama won two out of three counties. It’s going to be a very close race,” Allen said just before Oklahoma State Penitentiary Deputy Warden Art Lightle asked him if he had a last statement.
Allen looked at Lightle and asked, “Huh?” Then he continued in his garbled speech and then again raised his head and said, “Hi,” to his attorneys. Allen’s unintelligible ramblings continued. He spoke about Obama and Jesus.
“I hope that more realize Jesus is the son of God — the only son of God. Jesus is the one and only savior,” Allen said. This statement was followed by more unintelligible ramblings.
Lightle told Allen that his two minutes were coming to an end. Allen turned his head to look at Lightle and asked, “What?” Then he continued his garbled speech.
One of Allen’s attorneys began to get teary eyed and she leaned down and placed her head in her hands. At 6:02 p.m., when she sat back up, and as Allen’s unintelligible talking continued, Lightle said, “Let the execution begin.”
Allen again turned his head and looked at Lightle and asked, “Huh?”
Then he lifted his head and looked at the witnesses, fixing his eyes on his attorneys. “Hi,” he said to them again. And again they both lifted their hands and waved at him.
His garbled speech continued until the concoction of execution drugs apparently affected his system. He turned and lifted his head one last time and looked at Lightle. He made a loud, strained grunting sound and laid his head back down on the gurney.
At 6:07 p.m., the attending physician checked Allen’s vital signs and said something about a pulse. The physician rubbed Allen’s chest and then stepped away as Allen’s attorney wiped a tear from her cheek.
The physician stepped back to Allen’s body minutes later, checked his vital signs and pronounced Allen’s death at 6:10 p.m.
The victim’s family submitted the following written statement following Allen’s execution:
“Our beloved Gail — daughter, sister and mother of two young boys was taken from our family tragically and senselessly due to domestic violence.
“For over 25 years we have waited for justice to be served and for this sentence to be carried out.
“We are thankful to close the book on this chapter today, but we will never stop grieving the loss of Gail.
“It has been an emotional roller coaster for our family and one we have endured far too long.
“Gail’s memory will continue to live on through the lives of her now grown sons and her grandchildren.”
This was not the first time Allen was scheduled for execution. In April, officials at the OSP conducted normal execution day procedures while waiting to find out about approval or disapproval of an appeal filed with the U.S. 10th Circuit Court of Appeals
A stay was issued for Allen one day before his scheduled execution on April 12.
“A federal judge stayed Garry Allen’s execution,” said OSP Warden’s Assistant Terry Crenshaw in April. U.S. District Judge David L. Russell issued the stay, ruling that Allen’s claims that he is insane and ineligible for the death penalty should be reviewed. Allen had been diagnosed with schizophrenia and his attorneys argued his mental state deteriorated on death row.
“Oklahoma Attorney General Scott Pruitt has filed a notice of appeal to the stay of execution,” Crenshaw said in April. If the appeal to the stay of execution was granted, officials at OSP had “measures in place to carry out the execution according to court orders.” However, Pruitt’s appeal was not granted at that time.
Allen was also set for execution on Feb. 16, but Oklahoma Gov. Mary Fallin granted a 30-day stay of execution for the condemned man. She said the stay was issued so her legal team could have more time to consider a 2005 recommendation by the Oklahoma Pardon and Parole Board to commute his sentence to life.
“Having thoroughly reviewed the arguments and evidence presented in this case, I have determined that clemency should be denied in this case, and that the sentence of death be carried out,” Fallin wrote in an executive order filed March 13.
The 30-day stay would have set Allen’s execution for March 17, but that date was moved to April 12, before being stayed yet again.
Allen received his death sentence for the 1986 murder of his 24-year-old wife, Lawanna Gail Titsworth. The McAlester News-Capital reported in May of 2008 that Allen’s conviction and death sentence came after he gunned down Titsworth four days after she moved out of their home with their two sons, who were 6 and 2 at the time.
Allen was first scheduled to be executed May 19, 2005. A stay of execution was granted by Judge Thomas Bartheld one day before his scheduled execution. The Associated Press reported Allen’s mental competency was in question after a psychological exam at OSP indicated he had developed mental problems while confined on death row. The doctor’s report noted Allen had dementia caused by seizures, drug abuse and being shot in the face.
The U.S. Supreme Court and state law prohibit execution of inmates who are insane or mentally incompetent.
On May 1, 2008, a Pittsburg County jury decided, on split decision, that Allen is “sane to be executed.” For more than three years since, numerous court motions and legal arguments have been heard in the case.
On Dec. 28, Bartheld signed a legal order vacating Allen’s stay of execution, stating “the court … having reviewed the pleadings, finds that the issue of the sanity of Garry Thomas Allen for execution has been resolved…”
On Nov. 21, 1986, reports indicate Allen went to his children’s daycare center in Oklahoma City when his wife, Titsworth, was scheduled to pick them up. Titsworth had gone to the parking lot when Allen confronted her, according to court records. As Titsworth opened the door to her truck, Allen shut the door and prevented her from entering, court documents state.
As the two argued, Allen reached into his sock, pulled out a revolver and shot Titsworth twice in the chest.
“It is unclear whether Titsworth was holding her youngest son at the time of the shooting or had picked him up immediately thereafter,” documents filed with the 10th U.S. Circuit Court of Criminal Appeals state.
After Allen shot Titsworth, she begged him not to shoot her again and fell to the ground. Allen then asked Titsworth if she was all right and lifted up her blouse, apparently attempting to examine her injuries.
“At the time of the shooting, some of the daycare employees were in the parking lot and several of the children were in a van parked a few feet from Titsworth’s truck,” court documents state.
“After the shooting, Titsworth managed to get up and start running toward the building along with a daycare center employee.”
As they headed up the steps leading to the front door, Allen pushed the daycare employee through the door and shoved Titsworth down on the steps, where he shot her twice in the back at close range.
Oklahoma City police officer Mike Taylor responded to a 911 call within minutes and a witness pointed to an alley where Allen was hiding. Taylor spotted Allen in the alley, pulled his revolver and ordered him to stop and remain still.
Although Allen initially complied with the order, he turned and began walking away. When Taylor reached out to place a hand on him, Allen quickly turned and grabbed the policeman’s gun.
During a struggle, Allen gained partial control of the gun and “attempted to make officer Taylor shoot himself by applying pressure to Taylor’s finger which was still on the trigger,” court documents state.
As the struggle continued, Taylor regained control of the gun and shot Allen in the face, according to court records.
Allen was hospitalized for approximately two months for injuries to his face, left eye and brain. Afterwards, he entered a blind plea — meaning no plea bargain agreement had been reached — to first-degree murder and other charges on Nov. 10, 1987.
An Oklahoma County judge subsequently sentenced Allen to death. The appeals court later ordered a second sentence hearing, which also resulted in the death sentence.
According to the Oklahoma Department of Correction’s website, at http://www.doc.state.ok.us, Allen had been incarcerated at OSP since Dec. 23, 1987, and was housed on death row in the prison’s H-Unit.
april, 2 2012, source : http://www.therepublic.com
OKLAHOMA CITY — An anti-death penalty group wants Gov. Mary Fallin to grant clemency to a man sentenced to die next week, and asked Monday that she give full weight to the Pardon and Parole Board’s 2005 recommendation to commute his sentence.
The Oklahoma Coalition to Abolish the Death Penalty encouraged the public Monday to write letters to the governor and sign the group’s petition. Coalition members argue that Garry Thomas Allen, 56, is mentally impaired and should not be put to death.
Allen killed the mother of his children, 42-year-old Lawanna Titsworth, on Nov. 21, 1986, in Oklahoma City. He was shot in the head during a struggle with an officer.
Fallin said she and her legal team gave Allen’s case a thorough review, including interviews with family members of the victim and attorneys on both sides, and she has no plans to change her decision.
“I took quite a long time looking through his files,” Fallin said. “I watched videos of him. I’ve read the files themselves. I’ve visited with his attorneys.”
Garland Pruitt, president of the Oklahoma City chapter of the National Association for the Advancement of Colored People, supported the anti-death penalty coalition at a news conference Monday at the state Capitol. The Rev. Adam Leathers and Sen. Constance Johnson also backed the group.
Leathers said executing Allen with his history of mental illness conflicts with Jesus’ promotion of life and healing. He said Allen is not a Christ figure, but talking about state-mandated execution at the close of Lent is ironic and reminds him of “barbaric crowds” that “once cried out ‘crucify him.'”
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, testified that before the day of the killing, he got drunk whenever he could.
“I can remember drinking a lot and I don’t even know if it was on that day, but I was drinking just about every day at that point,” he said.
The Pardon and Parole Board recommended 4-1 that the governor commute Allen’s sentence to life in prison without parole. But Fallin rejected the recommendation last month and ordered him to die April 12.
In 2008, 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 the Oklahoma Court of Criminal Appeals in December concluded there is no procedure to appeal a finding that a person facing execution is sane.
Allen shot 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 tried to convince her to live with him again.
On the day of the killing, she went to a day care center to pick up her sons when Allen confronted her. She left with the boys and went into the parking lot, where employees and several children were, but Allen would not let her get into her truck. He reached into his sock and shot her twice in the chest with a revolver. She was able to run toward the day care, but Allen pushed her down some steps and shot her two times in the back.
An officer in the area responded to a 911 call and found Allen in an alley. Allen grabbed his gun and they struggled, according to court documents. Allen tried to make the officer shoot himself by squeezing his finger on the trigger, but the officer got control of the gun and shot Allen in the face.
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.