winda snipes

OHIO – EXECUTION – Brett Hartman 11/13/2012 EXECUTED 10.34 a.m


 Brett Hartman

November 13, 2012 http://www.dailymail.co.uk

Today, he calmly accepted his death.

‘I’m good, let’s roll,’ he said in his final words.

He then smiled in the direction of his sister and repeatedly gave her, a friend and his attorney a ‘thumbs up’ with his left hand.

‘This is not going to defeat me,’ Hartman then said to warden Donald Morgan, who didn’t respond.

The effect of the single dose of pentobarbital did not seem as immediate as in other executions at the state prison in Lucasville, in southern Ohio.

Four minutes after Hartman first appeared to be reacting to it as his abdomen began to rise and fall, his abdomen rose and fell again, he coughed and his head shifted rhythmically for a few moments.

His sister, Diane Morretti, dabbed at her eyes during the process. The warden declared Hartman’s time of death as 10:34am.

Both Hartman’s attorney, David Stebbins, and prisons system spokeswoman JoEllen Smith said the gap between Hartman’s movements was not out of the ordinary.

Hartman claimed he did not kill Snipes, but found mutilated body and panicked, trying to clean up the mess before calling 911. It was a claim rejected by numerous courts over the years.

The U.S. Supreme Court denied a last-minute appeal by Hartman yesterday.

Hartman’s last meal, which in Ohio is called a special meal, consisted of steak with sauteed mushrooms, fried shrimp, Macaroni & Cheese, a baked potato with butter and sour cream, Rainforest Crunch cereal, cans of Pepsi and Dr Pepper, and a bowl of Honey-Comb cereal, a prison spokesman told MailOnline.

Hartman is the 49th inmate put to death since Ohio resumed executions in 1999.

Murdered: Ms Snipes had been stabbed 138 times. Her throat had been cut and her hands were cut off in the gruesome murder in her home  Ms Snipes

November 10, 2012 http://www.ohio.com

Three years ago, the condemned killer from Akron came within a week of being executed by the state of Ohio. Just last year, he came within three weeks of being executed.

While prosecutors continue to block his efforts for additional DNA testing, only the U.S. Supreme Court stands between Hartmann and his execution Tuesday in Lucasville. Hartmann contends he is innocent of the brutal slaying of Highland Square resident Winda Snipes in 1997 and his attorneys plan to continue his fight for testing of evidence until the final hours.

Prosecutors have long argued that Hartmann, 38, has already been granted his wish with additional DNA testing that only confirmed the “clear and convincing evidence of his guilt.” They say the 11th-hour appeals by Hartmann are only designed to delay his death.

Hartmann’s attorneys, Michael Benza and David Stebbins, say the courts have failed to take the testing further and examine key pieces of evidence.

Prosecutors originally sent many of the items to the Ohio Bureau of Criminal Investigation, the state’s forensic crime lab, but the evidence has either never been tested or never revealed, Benza said.

The items include bloody fingerprint on an electric clock in which the cord was cut and used to kill Snipes. There is also a bloody fingerprint on a chair.

The defense wants the untested prints compared to Hartmann as well as Snipes’ ex-boyfriend. They’ve been seeking the tests for years, but the state will not cooperate.

“If Brett’s not a match to the bloody fingerprints, then that’s pretty good evidence that someone other than Brett committed this crime,” Benza said.

Some fingerprints that were apparently tested, he said, were never linked to Hartmann. Other items were sent for testing. What those items were, however, were never disclosed to defense attorneys, he said.

“That’s what I find really most disturbing,” Benza said. “The prosecutors wanted it tested at trial, yet we get no answers from anybody on why there were not tested.”

Details of slaying

Snipes, 46, was found dead in her South Highland Avenue apartment. Her body was bound at the ankles, her torso stabbed more than 130 times, her neck slashed and her hands severed and missing.

Hartmann, who had a casual sexual relationship with Snipes, contends he had been with her about 14 hours earlier during a sexual encounter, but did not kill her.

It was Hartmann, then 23, who reported finding Snipes’ body. He told police he went to her apartment, discovered her mutilated body and panicked, fearing police would pin the murder on him. He cleaned up evidence of his previous visit — cigarette butts, beer cans and his T-shirt, which he said was left behind in his haste to leave Snipes after their sexual encounter.

About two hours after finding the body, Hartmann said, he made a series of 911 calls in an attempt to report Snipes’ death anonymously. He was later arrested when his bloody shirt and a watch belonging to Snipes were found in his bedroom. His semen was also found in Snipes’ body.

Years later, a federal judge ordered additional DNA testing from Snipes’ body. The DNA was linked to Hartmann. But defense attorneys counter that Hartmann had already acknowledged having sex with Snipes before her death. They want specific evidence tested before the execution goes forward.

Clock evidence

The clock has been an intriguing untested item since the slaying in September 1997. It was found inside Snipes’ apartment stopped at 4:40. The cord was cut and used to strangle Snipes, who had been seen alive at 4:30 p.m.

Defense attorneys believe the clock stopped around the time of the murder. Phone records suggest Hartmann was at his home at 4:50 p.m.

In past appeals, defense attorneys say a former jail inmate lied at Hartmann’s original trial and the ex-con’s attorney, Tom Adgate, would confirm it — if he was granted immunity from attorney-client privacy violations.

They also allege that Snipes had an abusive boyfriend with a violent history who was never fully investigated by Akron police, lacked an alibi and likely saw Hartmann and Snipes together just before the killing.

Prosecutor Sherri Bevan Walsh declined to comment Friday through a spokeswoman, preferring to wait until after Tuesday’s scheduled execution. In 2009, a federal appellate court granted a stay a week before Hartmann was to die. In 2011, an unofficial moratorium by Gov. John Kasich sparred Hartmann for another year.

Walsh and state attorneys have consistently maintained Hartmann’s guilt and say he has already had his chance at DNA testing.

The Supreme Court, Benza said, has granted three stays of execution in the past month to grant evidence testing to condemned inmates

OHIO- Death-row inmate denied clemency, Brett Hartman


NOVEMBER 9, 2012 http://www.vindy.com

Gov. John Kasich has denied clemency to the death row inmate facing execution next week for the brutal murder of an Akron woman 15 years ago.

Barring last-minute court intervention, Brett Hartman will be put to death Tuesday at the Southern Ohio Correctional Facility in Lucasville.

Kasich’s decision was in line with the unanimous recommendation of the state parole board, which last month, for the third time in recent years, said Hartman deserved the death penalty for the crime.

Hartman was convicted of murdering 46-year-old Winda Snipes in September 1997, stabbing her more than 130 times, slitting her throat and cutting off her hands. The latter never were found.

Evidence used in the conviction included DNA taken from Snipes’ body, fingerprints at the scene and a bloody T-shirt and woman’s watch found at Hartman’s apartment.

Additionally, a cellmate and former co-worker testified that Hartman had made incriminating comments.

But Hartman, who admitted having sexual relations with the victim hours before her death, has maintained his innocence, saying fingerprints and hair found at the crime scene and phone records prove he did not commit murder.

“My heart goes out to [Snipes’ family],” Hartman told the Statehouse Bureau of Dix Newspapers and The Vindicator during a death row interview last month. “I know losing anyone, especially family, is a very traumatizing experience. I recently lost my mom and my sister. And no one in the world deserves to lose a relative or anyone the way that Winda was taken, and my heart goes out to them. But I didn’t do it.”

But the parole board and Kasich were not swayed by his claims of innocence.

“The overwhelming evidence presented during trial clearly established that Hartman is guilty of this crime,” the parole board wrote. “Hartman shows no remorse and continues to claim his innocence despite the evidence indicating his guilt.”

OHIO – Inmate on death row professes innocence – BRETT HARTMANN


October 15, 2012 http://www.vindy.com

photo

COLUMBUS

An Akron man facing execution next month for the murder and dismemberment of a woman 15 years ago maintains his innocence, saying prosecutors and a jailhouse snitch lied about the crime and failed to test evidence that could exonerate him.

In an interview from death row at the Chillicothe Correctional Institution, Brett Hartmann told the Statehouse bureau of The Vindicator that phone records and hair and fingerprints taken from the scene could prove he didn’t stab 46-year-old Winda Snipes 138 times, slit her throat or cut off her hands.

The latter were never found.

“Whether people want to believe I’m innocent or not, you know, but ask why,” Hartmann said. “Why are they hiding? Why are they lying so much? … Why are they lying and hiding evidence like they do?”

Hartmann, 38, is scheduled for lethal injection Nov. 13 at the Southern Ohio Correctional Facility in Lucasville.

Twice in recent years, the state parole board has recommended against clemency in the case, with a third decision from that panel expected in coming days after another hearing earlier this week.

In documents presented to the parole board, Snipes was described as a “thoughtful and caring person” who “dressed meticulously” and was “extremely close” to her family.

One day in September 1997, she picked up her paycheck, mailed a letter and stick of gum to her grandmother and was spotted crossing the street near her Highland Square neighborhood in Akron.

Police found her mutilated body tied to a bed in her apartment that evening after receiving several 9-1-1 calls from Hartmann, who admitted having sexual relations with the victim hours before she was murdered.

Police found Hartmann’s fingerprints on a bedspread and on the leg of a chair, and investigators later matched his DNA to the victim’s body.

They also found a wristwatch that purportedly belonged to Snipes and a bloody T-shirt at Hartmann’s apartment.

They also cited incriminating comments he made to a co-worker and a cellmate. The latter said Hartmann confessed the crime.

According to documents submitted by the prosecutor’s office to the state parole board, “… The evidence at trial (as well as recent DNA evidence) clearly establish that [Hartmann] tied Winda to her bed, had vaginal and anal intercourse with her, beat her, strangled her with a cord, stabbed her 138 times, slit her throat, and cut off her hands. The jury found [Hartmann] guilty of Winda’s murder and determined unanimously that [Hartmann’s] crimes warranted death. The jury’s verdict has been affirmed many times by state and federal courts. Subsequent DNA testing also confirmed [Hartmann’s] guilt. … [His] many claims of legal error have been carefully reviewed, considered and rejected.”

Summit County Prosecutor Sherri Bevan Walsh added in a released statement Friday, “The state has provided Mr. [Hartmann] with top-notch defense attorneys to argue his claims in state and federal courts for the past 14 years. No court — state or federal — has bought any of Mr. Hartman’s claims.”

Hartmann said he and Snipes had a casual sexual relationship, “hooking up” on occasion after drinking at a bar near her apartment. He admitted to police on the night that Snipes’ body was found that he had been with her early on the morning of the crime but that she was alive when he left.

“Clearly, no matter how intoxicated I was that morning, when I left her, she was well, alive and healthy, because she was seen alive later that day,” he said.

Hartmann said he did not murder Snipes; rather, he returned to her apartment for another “hookup” and found her dead on the floor. He said he panicked, grabbed anything that connected him to the crime scene and fled. He said he didn’t think about calling the police immediately to report the crime, only doing so later from a nearby pay phone.

“I lived on the streets with bikers and meth-heads,” he said. “I grew up on Indian reservations where you don’t call the police at all. … When I found her, the first thing that went through my head was two warrants out for my arrest for traffic violations and failure to pay fines. And the first thing that went through my head was if I call the police, they’re going to run my name, see I have warrants and arrest me and I’m going to lose my job.”

Hartmann said the watch police found at his apartment was common at the time and belonged to a married woman, one of many who he had sexual relations with and who left clothes or other belongings behind. And he said it doesn’t make sense, logically, that he would leave the watch and bloody T-shirt at his apartment for police to find but manage to hide the victim’s hands and other evidence.

“… I supposedly went and hid all these so well that police have never found them and yet come back to my apartment and these two pieces of evidence are just thrown right there in the middle of everything,” he said. “If I would have done something like this, common sense would dictate that you take everything if you’re going to hide it hide it altogether. You don’t hide some of this stuff and then throw some of the most critical evidence in the middle of your floor.”

Hartmann said phone records prove he was at home at the time the murder was committed. He said police and prosecutors failed to test fingerprints, hair and other evidence found at the crime scene that could prove someone else committed the murder. And he denied making incriminating statements to a co-worker or cellmate.

Hartmann said he does not support the death penalty, calling the process for determining capital punishment “totally flawed. … It has nothing to do with justice or the law or anything. It’s almost all politics.”

He said he and others on Ohio’s Death Row are changed people.

“Most people I know back here don’t even resemble the people they were when they first came,” he said. “I know no one will ever believe me, most of the public will never believe me when I tell them I’ve met better people on Death Row than I ever met out on the street. If I’m hungry, all I have to do is say so and there’s someone there to give me some food. If there’s ever something I need, there will be someone there to help me.”

Asked what he would say to the family and friends of Winda Snipes, Hartmann replied, “My heart goes out to them. I know losing anyone, especially family, is a very traumatizing experience. I recently lost my mom and my sister. And no one in the world deserves to lose a relative or anyone the way that Winda was taken, and my heart goes out to them. But I didn’t do it.”