Case Charts - Grassroots Investigation Project by claudia Whitman Sponsored by Equal Justice USA

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Brian K. Baldwin (Alabama)

Name/DOC #	Brian Keith Baldwin Z-357
Address	Holman Unit, Atmore AL /Deceased
Date of Birth	July 16, 1958
Race	Black
Date of Crime	March 14, 1977
Age at Time of Crime	18
Date Sentenced	August 8, 1977
Victim(s)	Naomi Rolon, age 16
Relationship to Defendant	Picked up defendant and companion hitchhiking in North Carolina 3 days prior to murder in Alabama
Facts Alleged by State	Murder/stab wounds and cut throat, presumably with axe or hatchet; robbery of car
County of Trial	Monroe County AL
Trial Judge	Robert E. Lee Key
Trial Attorney	Windell Owens
Prosecutor(s)	Theodore Pearson
Trial By	Jury
Race of Jurors	All White
Convicted of	Capital murder; robbery of auto
Confession	Yes/coerced
Accomplice Testimony	Not at original trial
Eyewitness Testimony	No
Forensic Testimony	· Fingerprints in victim’s car · Semen present (but rape not charged) · No blood on Baldwin’s clothes or shoes
Jailhouse Snitch	No
Defendant Testimony	· Coerced confessions both signed and taped · On stand at trial, Baldwin denied having made a voluntary confession
Principal Exculpatory Evidence	· No fingerprints on murder weapon · No blood on clothes or shoes · Forensic pathologist report that wounds were inflicted by left-handed person; Baldwin was right-handed. (Not available at trial; presented in 1999 investigation.)
Sentencing Authority	Jury, subject to judge override
Statutory Aggravating Factor	Robbery of car
Non-Statutory Aggravating Factor	None
Mitigating Factors	None presented except age
Mental Illness, retardation or neurological damage	No
Criminal History	· Escaped from youth detention center in North Carolina; car theft offenses · Concurrent conviction for stealing car in Camden, AL just before the murder
Appellate History	· George Elbrecht (Monroeville) B appeals Judge Key (Mobile) B coram nobis · Michael McIntyre (Atlanta) Federal Habeas (404-688-0900)
Ineffective Assistance?	Yes · Attorney only met with Baldwin for total of 20 minutes before trial · No investigation (judge denied funds) and no witnesses called · No presentation of exculpatory evidence in forensic report · Parents not informed of his whereabouts · No challenge to striking Blacks from jury · No challenge to Judge referring to Baldwin as "boy" · No challenge to Baldwin being in handcuffs and shackles during jury selection, in view of prospective jurors
Police Misconduct?	Yes · Torture during interrogation by beatings, probable use of cattle prod · Probable denial of right to counsel prior to interrogation (During 1999 investigation, three witnesses attested to having seen bruises on Baldwin's back and legs following interrogation. A former Deputy Sheriff signed an affidavit and gave a video-taped deposition attesting to presence of a cattle prod in the jail where Baldwin was questioned, and to having been present when Baldwin was beaten during the interrogation. Deputy also signed an affidavit attesting to having falsely signed a statement saying he had witnessed Baldwin's signature to a waiver of his right to counsel. This Deputy, who had been the first Black appointed as Deputy Sheriff in the county, later retracted his testimony regarding the beatings in a private interview with the Governor of Alabama)
Prosecutorial Misconduct?	Yes · Rape implied, although no charge of rape was ever brought · Racist practice in striking all Blacks from jury · Failure to provide a complete trial transcript (State claimed transcript had been lost in a flood, and denied existence of tapes; later an incomplete transcript was found and furnished. During investigation in 1999, tapes were discovered, and found to differ from the transcript provided.)
Newly Discovered Exculpatory Evidence?	Yes · Forensic pathologist signed affidavit based on crime-scene photos stating fatal wounds had been inflicted by a left-handed person. Baldwin was right-handed.
Failure of Judicial Process?	Yes · Change of venue denied despite intense pre-trial publicity · Newly discovered exculpatory evidence and evidence of police misconduct denied fair presentation in appeal process · All physical evidence which could have furnished relevant DNA evidence was lost or destroyed (discovered in 1999 investigation).
Appellate Counsel	George Elbrecht of Monroeville, AL

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Cornelius Singleton (Alabama)

Name/DOC #	Cornelius Singleton
Address	Holman Prison/Deceased November 20, 1992
Date of Birth	April 14, 1956
Race	Black
Date of Crime	November 12, 1977
Age Time of Crime	21
Date Sentenced	July 1978
Victims	Sister Ann Hogan
Race of Victims	White
Relationship to Defendant	None
Facts Alleged by State	Murder and robbery of Sister Ann Hogan in Catholic Cemetery in Mobile, AL
County of Trial	Mobile
Trial Judge	Ferrill D. McRae
Trial Attorney	Reggie Stephens & Mike Scheuermann (Mobile) 1978; Gary Porter Mobile
Prosecutors	Charles Graddick
Trial By	Jury
Race of Jurors	White
Convicted of	Capital murder-sentenced to death
Confession	Coerced and dictated by prosecutor
Accomplice Testimony	No
Eyewitness Testimony	Yes, of other suspects, mainly a white man with long blonde hair
Forensic Testimony	None to implicate Singleton. · No fingerprints of his in stolen truck or at crime scene · Blood on blouse of nun with outline of hand on back of blouse–no testing
Jailhouse Snitch	Someone Singleton referred to as Pootenany put in cell with him to get confession
Defendant Testimony	No-wanted to testify about his innocence
Principal Exculpatory Evidence	· IQ of 55-67 · Mental age of seven · Waived Miranda rights without knowing · Coerced, dictated confession · Girlfriend put on his lap during confession · Illiterate and signed confession thinking he was confessing to stealing sheets · Could not drive standard shift truck
Sentencing Authority	Jury (judge had override)
Statutory Aggravating Factor	Theft of victim's watch
Non-Statutory Aggravating Factor	Previous record
Mitigating Factors	IQ, illiteracy, waiving of rights, coerced confession
Evidence of Mental Illness Retardation and or Neurological Damage	Retardation
Criminal History	· 1972–sentenced to 3 years for arson and burglary. · Served full term, released in 1976
Appellate History	Based on fact that original attorney failed to use retardation as a mitigating factor for sentencing. Conviction overturned when U.S. Supreme Court found part of death penalty unconstitutional in AL. Retried in 1981, sentenced to death. All appeals failed
Ineffective Assistance?	Yes · No investigation · No challenge to all white jury · No challenge to coerced confession
Police Misconduct?	Yes Did not understand waiving of Miranda rights; Police Officer Bell told him where to walk and what to say at cemetery; failure to investigate other suspects
Prosecutorial Misconduct?	Yes Prosecutor Graddick dictated confession
Appellate Counsel	Al Pennington-Mobile; Blair Brown (Wash., DC) and M. McDonald (Mobile)

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Freddie Lee Wright (Alabama)

Name/DOC #	Freddie Lee Wright
Address	Holman Prison/deceased
Date of Birth	April 29, 1951
Race	Black
Date of Crime	December 1, 1977
Age Time of Crime	26
Date Sentenced	July 1979
Victims	Warren and Lois Green
Race of Victims	White
Relationship to Defendant	None
Summary of Facts Alleged by State	Robbery of Western auto store; victims tied up and shot and killed
County of Trial	Mobile
Trial Judge	William Bolling
Trial Attorney	Al Pennington, Mobile Alabama
Prosecutors	Originally Charles Graddick (did investigation); Chris Galanos tried case with Neil Hanley.
Trial By	Jury
Race of Jurors	1^st trial: mixed (11 to 1 for acquittal); 2^nd trial: all White
Convicted of	Capital murder
Confession	Alleged partial confession to Detective Cookie Estes
Accomplice Testimony	Yes: Percy Craig, Roger McQueen, and Reginald Tinsley–co-defendants
Eyewitness Testimony	Yes: Mary Johnson, of Mt. Vernon, AL saw a man entering Western Auto as she left; She identified him and the car. The man was Theodore Otis Roberts.
Forensic Testimony	No fingerprints of Wright; found fingerprints of McQueen
Jailhouse Snitch	No
Defendant Testimony	No
Principal Exculpatory Evidence	Alibi
Sentencing Authority	Jury with possibility of override by judge
Statutory Aggravating Factor	Robbery
Non-Statutory Aggravating Factor	Previous record and incarceration
Mitigating Factors	No father; mother died when he was 13; he was a follower; not a violent person
Evidence of Mental Illness Retardation and or Neurological Damage	No
Criminal History	Yes: juvenile record, various convictions for robbery, served some time
Appellate History	All appeals denied. See dissent by Justice Johnstone from AL Supreme Ct. ruling, March 2000.
Ineffective Assistance?	Yes. · Original arrest of Theodore Otis Roberts allowed to be suppressed from use in Trial. · Failure to find alibi witnesses · Failure to object to all white jury · Failure to Question credibility of star witness in 2^nd trial
Police Misconduct?	Yes. · Coerced confessions from McQueen, Tinsley, and Craig and deals made. · Officer Larry Tillman obtained statements from McQueen
Prosecutorial Misconduct?	See above. McQueen and Tinsley claim that DA Galanos and Detective Tillman told them what they had to say.
Appellate Counsel	Al Pennington: Direct Appeal; Arthur Madden: Rule 32 Brian McDonough (NY) handled all others

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Thomas M. Thompson (California)

Name/DOC #	Thomas Martin Thompson C-91600
Address	San Quentin, CA/deceased
Date of Birth	March 20, 1955
Race	White
Date of Crime	September 11, 1981
Age Time of Crime	26
Date Sentenced	August 17, 1984
Victims	Ginger Fleischli
Race of Victims	White
Relationship to Defendant	Acquaintance
Summary of Facts Alleged by State	Thompson raped victim and then killed her to cover up rape
County of Trial	Orange, CA
Trial Judge	Robert Fitzgerald
Trial Attorney	Ronald Brower
Prosecutors	Michael Jacobs
Trial By	Jury
Race of Jurors	Unknown/not applicable
Convicted of	First degree murder with rape special circumstance, rape
Confession	No—he always maintained innocence
Accomplice Testimony	None
Eyewitness Testimony	The only eyewitness testimony, that of David Leitch, co-defendant, stating that victim had consensual sex with Thompson, was withheld by the State and later barred from review by the Anti-terrorism and Effective Death Penalty Act
Forensic Testimony	Very questionable evidence of rape presented by coroner and later successfully rebutted at Federal habeas evidentiary hearing
Jailhouse Snitch	Yes: 4 used at preliminary hearing. These were later discarded and 2 new informants were used with new variation on the so-called confession
Defendant Testimony	Yes: he admitted having consensual sex with victim, denied rape, and denied killing her
Principal Exculpatory Evidence	Co-defendant’s testimony that he saw victim and Thompson having consensual sex
Sentencing Authority	CA Death Penalty Statute
Statutory Aggravating Factor	No prior record
Non-Statutory Aggravating Factor
Mitigating Factors	No prior record
Evidence of Mental Illness Retardation and or Neurological Damage	No
Criminal History	None
Appellate History	Conviction affirmed in State court; Reversed and vacated in US District Ct.; Reinstated by 9^th Circuit Ct. of Appeals-3 judge panel; Reinstated by USSC, not on merits but procedurally
Ineffective Assistance?	Yes: found by US District Ct. and 9^th Circuit En Banc
Police Misconduct?	No
Prosecutorial Misconduct?	Yes: found by 9^th Circuit En Banc
Appellate Counsel	Quin Denvir, Gregory Long, Andrew Love, William Arzbaecher

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James Adams (Florida)

Name/DOC #	James Adams
Address	Florida State Prison/deceased
Date of Birth	May 30, 1936
Race	Black
Date of Crime	November 12, 1973, Ft. Pierce, FL
Age Time of Crime	37
Date Sentenced	March 15, 1974
Victims	Edgar Brown
Race of Victims	White
Relationship to Defendant	Did some work for him
Summary of Facts Alleged by State	Adams entered victim’s home to rob him and when Brown returned, he bludgeoned him to death with a fire poker
County of Trial	St. Lucie
Trial Judge	Wallace Sample
Trial Attorney	N. Richard Schopp, Port. St. Lucie, FL and Bruce Wilkinson, Stuart, FL
Prosecutors	R. N. Koblegard, Raymond E. Ford
Trial By	Jury voted 7-5 for death penalty
Race of Jurors	White-all male
Convicted of	Capital murder
Confession	No, always claimed innocence
Accomplice Testimony	No
Eyewitness Testimony	Yes: Foy Hortman spoke with person leaving house where murder committed; viewed lineup and stated "not Adams"
Forensic Testimony	Hairs found in victim’s hand were not from Adams
Jailhouse Snitch	No
Defendant Testimony	Yes: maintained innocence
Principal Exculpatory Evidence	Alibi, playing cards at friend’s house; hair in hand of victim not his
Sentencing Authority	Jury; judge had override
Statutory Aggravating Factor	Previous (unconstitutional) conviction for rape of a white woman in TN in 1962
Non-Statutory Aggravating Factor	Race
Mitigating Factors	12^th of 14 children in family of impoverished sharecroppers; no witnesses called by defense in penalty phase
Mental Retardation or Neurological Damage	No
Criminal History	Previous conviction for rape of white woman in TN; conviction for stealing a pig in 1976, had no counsel
Appellate History	· 1976 FL Supreme Court affirmed conviction and death sentence; USSC refused to intervene and to reconsider decision, 2977; 1978 FL Supreme Court denied relief on info not known to defense;1978 U.S. supreme Court would not intervene;1978 Petition for rehearing–U.S Supreme court invited State to respond but denied petition in 1979 · 1980 Gov. Graham signed death warrant; PCR denied · 1980 FL Supreme Court affirmed above; Fed. District Court granted stay; writ denied; 1983,11^th Circuit Ct. of Appeals affirmed; Jan. and Feb. · 1984 U.S. Supreme Court refused to review or reconsider; April 12, 1984 2^nd death warrant · Supreme Court, U.S. District Court. denied relief; May 8, 1984 11^th Circuit granted stay on racial Disparities; vacated by U.S. Supreme Court-Blackmun, Brennan, Marshall, & Stevens dissented.
Ineffective Assistance?	Yes
Police Misconduct?	Unknown
Prosecutorial Misconduct?	Suppression of forensics on hair in hand of victim until 3 days after sentencing
Appellate Counsel	Richard Burr and Craig Barnard

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Willie Jasper Darden, Jr. (Florida)

Name/DOC #	Willie Jasper Darden
Address	Florida State Prison–executed March 15, 1988
Date of Birth	1933
Race	Black
Date of Crime	September 8, 1973
Age Time of Crime	40
Date Sentenced	January 23, 1974
Victims	James Carl Turman–killed; Phillip Arnold–wounded
Race of Victims	White
Relationship to Defendant	none
Summary of Facts Alleged by State	During a robbery at Carl’s Furniture store in Lakeland, FL, James Carl Turman shot and killed a neighbor; Phillip Arnold, 16, was wounded
County of Trial	Citrus Co., FL
Trial Judge	John H. Dewell
Trial Attorney	Asst. PD’s: Dennis Maloney and Tod Goodwill
Prosecutors	Ray McDaniel and J. Norman White
Trial By	jury
Race of Jurors	All white, 4 women, 8 men
Convicted of	Capital murder
Confession	No
Accomplice Testimony	No
Eyewitness Testimony	Yes: victim’s wife and Phillip Arnold, 16 year old who was wounded; identification under highly suggestive circumstances
Forensic Testimony	FBI agent testified gun found by police could have fired bullet that killed victim, however gun was not proven to be murder weapon or to belong to Darden
Jailhouse Snitch	No
Defendant Testimony	Yes–testified at guilt phase that he was innocent
Principal Exculpatory Evidence	Darden’s car had broken down on highway near someone’s house. He was standing there waiting for a tow truck at time of crime. She came to court every day to testify and was never called; victim’s minister could have corroborated Darden’s alibi but was not called to testify
Sentencing Authority	Jury recommended and judge imposed death
Statutory Aggravating Factor	Crime committed while under sentence of imprisonment; crime committed while in commission of a robbery; crime especially heinous, atrocious, and cruel
Non-Statutory Aggravating Factor	FL law does not require jurors to specify aggravating factors
Mitigating Factors	Mother died in childbirth when he was two; Darden considered non violent, very poor ex-slave, farming family; no mitigating evidence presented at trial (477 US 168). Judge considered Darden’s claims of innocence and fact that he had 7 children
Evidence of Mental Illness Retardation and or Neurological Damage	No
Criminal History	6 year sentence for forging check for $48; on furlough from a FL prison; FSC said he was a career criminal with at least 5 convictions; furlough was from 1968 sentence for assault with intent to rape a 70 year old woman
Appellate History	· FSC affirmed on direct appeal (Darden v. State, 329 So. 2d 287) 1976; · USSC granted cert, heard argument, dismissed writ (430 US 704) 1977; · FDC denied habeas (Darden v. Wainwright, 513 F. Supp 947)1981; · US Ct. of Appeals panel affirmed, 2 to 1 (699 F 2d 1031)1983; · US Ct. of Appeals rehearing en banc, affirmed (court equally divided) (708 F 2d 646)1983; · US Ct. of Appeals heard case again en banc and reversed (725F.2d 1526); · USSC granted state’s cert petition, vacated 11^th Circuit opinion and remanded for reconsideration (469 U.S. 1201) 1985; · On remand, 11^th Circuit denied relief (767 F. 2d 752) 1985; · USSC granted cert on petition for stay of execution (473 U.S. 928) 1985; · USSC affirmed case, 1986; · US Ct. of Appeals rejected appeal from failure of 3^rd habeas writ (825 F.2d 287) 1987; · USSC granted cert (484 US 943) 1988; USSC denies cert & stay (485 US 949) 1988.
Ineffective Assistance?	Alleged but rejected by courts
Police Misconduct?	None shown
Prosecutorial Misconduct?	Prosecutor used inflammatory and racist language in trial; Justice Blackmun, in US Supreme Ct. Dissent, stated he did not get a fair trial; identified by victim’s wife in a courtroom where he was the only Black man, not in a lineup
Appellate Counsel	Robert Augustus Harper, CCR office

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Jesse J. Tafero (Florida)

Name/DOC #	020285
Address	Florida State Prison
Date of birth	October 12, 1945
Race	White
Date of crime	February 20, 1976
Age at time of crime	29
Date sentenced	May 20, 1976
Victims	Highway Patrolman Phillip Black & Canadian Constable Donald Irwin
Race of victims	White
Relationship to defendant	No relationship
Summary of facts as alleged by state	See attached summary
County where tried	Broward County Florida
Trial Judge	Judge Daniel Futch Futch’s nickname was "Maximum Dan" – he displayed a miniature electric chair on his desk Futch was a former highway patrolman.
Trial attorney	Robert McCain After Tafero’s trial, McCain was disbarred. He was convicted of obstruction of justice for bribing a witness in another case and for narcotics conspiracy.
Prosecutors	Michael Satz · Satz was an assistant DA at the time of the trial · A day after securing death penalty convictions against Tafero and his co-defendant Sonia Jacobs, Satz announced he was running for DA. Elected largely on this high profile case. · Satz easily won the election and has been State’s Attorney in Broward County since 1976. · In November 2000, for the first time in Satz’s career, someone is running against him.
Trial by	Jury
Race of jurors	White
Convicted of	First Degree Murder/Felony Murder · Theory was that they killed the police so they could steal the trooper’s gun and trooper’s car for getaway. · It is unclear whether Tafero was convicted on felony murder theory or because jury believed he was the triggerman.
Confession	No
Accomplice testimony	Yes. The co-defendant, Walter Norman Rhodes, took a plea bargain for 2^nd Degree Murder in exchange for his testimony against Jesse Tafero and Sonia Jacobs.
Eyewitness testimony	Two truck drivers watched the drama unfold from a distance of 150 to 200 feet away. ( Pierce Hyman and Robert McKenzie.) Neither truck driver could say who the shooter was, but both said in their first statements to the police that Tafero was pinned over the hood of the car during all the shots. Hyman’s story changed slightly only after several discussions with the police. He then said Tafero might have gotten up off the hood of the car before the shooting stopped, but almost when it was over. Both truck drivers saw slightly different things, the most significant being where co-defendant Walter Rhodes was standing. Hyman said Rhodes was always standing in front of the car. McKenzie said Rhodes moved to the rear of the car as the shots were fired. McKenzie’s statement was very significant because the shooter, according to ballistics evidence, had to have shot from the rear of the car. The reason Hyman thought Rhodes never moved from the front of the car is because McKenzie moved his truck toward the exit blocking Hyman’s view of the scene at the exact time Rhodes moved to the back of the car. In Rhodes’ 1982 recantation, he swore under oath he moved from the front to the back of the car and fired at the two cops.
Forensic testimony	· When Tafero was apprehended, he had the murder weapon in his possession. · Ballistics proved this gun killed both police officers. · Rhodes had a matching 9mm gun. A bullet hole in the windshield post of the trooper’s car determined that the shooter was at the rear of the Camaro when firing. · Gun powder tests done on Walter Rhodes, Jesse Tafero and Sonia Jacobs resulted in the following findings: o Walter Rhodes – gunpowder residue found consistent with "having discharged a weapon." o Jesse Tafero – gunpowder residue found consistent with "handling an unclean or recently discharged weapon, or possibly discharging a weapon." o Sonia Jacobs – residue found consistent with "having handled an unclean or recently discharged weapon." Jacobs’s 9 year old son had the same result as she.
Jailhouse snitch	· Ellis Marlowe Haskew testified at trial that he heard Tafero say at a New Year’s Eve party 5 weeks before the murders that he would never go back to prison, and that he owned a lot of guns. · The fact that Haskew was at that time testifying in many federal drug cases was not disclosed; the fact that Haskew’s lawyer’s fees were paid by the Florida Department of Criminal Law Enforcement was not disclosed. · When this snitch was named only on the first day of trial, Defense counsel asked for a continuance to investigate Haskew’s background and claims but Judge Futch denied request. · Defense counsel only had 30 minutes to interview snitch before his testimony. · In Sonia Jacobs’ trial the DA also used a jailhouse snitch who testified that Jacobs confessed to her that she killed the police and would do it again. · The snitch was released from jail in exchange for her testimony. · Years later, the snitch recanted her testimony and went on national television to apologize to Jacobs · She also said the DA knew she was lying.
Co-Defendant testimony	· Star witness Walter Rhodes testified at both Tafero’s and Jacobs’s trials in exchange for a plea to second-degree murder, escaping the capital charge. · He said Jacobs fired first from the back seat of the car · He then said Tafero got away from the officer holding him, grabbed the gun from Jacobs and shot the two police officers.
Principal exculpatory evidence	Tafero always maintained his innocence. · Both eyewitnesses said in their first statement to the police that Tafero was held over the hood of the police car while all the shots were fired. · Jesse did not have enough gunpowder on his hands to prove conclusively he fired a gun. · Hyman saw Rhodes move from the front to the back of the car to put him into position for shooting the police officers, directly contradicting his trial testimony. · Rhodes confessed to the murders at three different times: in 1977, in 1979 and in 1982. · All three recantations became public. · In 1977, Rhodes bragged to two inmates that he alone committed the double murder. · A prison guard named Jowers overheard the confession. · Jowers gave a formal statement to the prosecutor’s investigator, but that statement was never turned over to Tafero’s lawyers. · The prosecutor said he relied on a polygraph in giving Rhodes a plea bargain to second-degree murder. · Later, three polygraph experts confirmed that Rhodes did not pass the polygraph and one said it was the most botched test he had ever seen. · A Brady violation in Jacobs’s case reversed her conviction because the prosecutor failed to turn over the polygraph summary report. · Star witness Rhodes said to the polygraph examiner that he did not think Sonia fired at all, directly contradicting his trial testimony where he said she fired first and handed the gun to Tafero
Sentencing authority	Judge – according to Florida Statutes.
Statutory aggravating factor	Double murder and Felony murder. · Found crime to be especially heinous, atrocious or cruel. · Used the statutory factor that defendant knowingly created a great risk of death to many persons (based on the kidnapping and running of a roadblock after the murders.) · Judge used Tafero’s prior conviction for violent crimes. · Judge found the killings were done to avoid arrest (and be returned to prison as both Tafero and Rhodes were on parole) and to hinder the enforcement of laws. · Judge found murders were committed by a person under sentence of imprisonment (judge used the fact Tafero was on parole).
Non-statutory factors in aggravation
Mitigating factors	None. · The penalty phase consisted of a 30-second closing statement by Attorney McCain insulting the jury. See below in "Ineffective Assistance of counsel" section. · Judge failed to consider that Jesse may have been convicted only on a felony murder theory and may not have been the actual cause of death on the facts proven.
Evidence of mental illness, retardation, and/or neurological damage	None.
Criminal history	When Tafero was 20-years-old, he went to prison for attempted robbery and crimes against nature.
Appellate history	Tafero exhausted all his state and federal appeals. · Conviction and death sentence affirmed on direct appeal to Florida Supreme Court. Tafero v. Wainwright. · Certiorari was denied. · State and federal habeas unsuccessful. · In Tafero’s state habeas evidentiary hearing the co-defendant initially agreed to tell the truth about what he did, but copped out at the last minute.
Was ineffective assistance of counsel an issue?	Yes. · Tafero’s trial lawyer had a drug problem during the time of the trial. · After Tafero’s trial, the lawyer was disbarred. · He was convicted of obstruction of justice for bribing a witness in an unrelated case and for narcotics conspiracy. · The penalty phase consisted of a 30-second argument by defense counsel who said the defendant feels he did not receive a fair trial, the verdict is not fair, and he will not beg for his life or ask for mercy. · Later, at the state evidentiary hearing on habeas, McCain testified Tafero forced him to make this argument.
Was police misconduct an issue?	· In Jacobs’s trial, two police officers testified that Jacobs had confessed to them, implicating Tafero in the murders. · In the 11^th Circuit opinion overturning her conviction, the court found both alleged confessions ludicrous based on the circumstances, but threw only one out on Miranda grounds. · In Tafero’s case a police officer claimed Tafero bragged about killing the police, but other officers present at the time of the alleged confession did not overhear Tafero’s statement.
Prosecutorial Misconduct	· The prosecutor suppressed the statement by a guard who overheard Rhodes confess to two inmates. · Prosecutor lied saying he gave Rhodes the deal only because he passed a polygraph exam: the polygraph was a sham. · In Sonia’s case, the jailhouse informant who later recanted said the prosecutor knew she, the snitch, was making it up. · In Jesse’s case, the prosecutor came up with a bogus jailhouse snitch named as a witness on the first day of trial and failed to divulge facts about that witness’ career as a snitch. · (State’s Attorney Satz apparently has a habit of using jailhouse snitches in a large percentage of his cases.) In Sonia’s case, the prosecutor failed to turn over the exculpatory polygraph summary. · Although the statement only directly exculpated Sonia, because Jesse and Sonia were linked by Rhodes’ testimony, any evidence contradicting his trial testimony and showing him to be a liar would also have helped Jesse.
Appellate counsel	Craig Barnard and Richard Jorand by of W. Palm Beach Public Defender’s Office; Mark Olive and Jenny Greenberg of Tallahassee, Capital Collateral Counsel; Michael Tarre, Coral Gables, Fl, and Bruce Rogow, Nova University, Ft. Lauderdale.

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Girvies Davis (Illinois)

Date of birth	January 20, 1958
Race	Black
Date of crime	December 22, 1978
Age at time of crime	20
Victim:	Charles Biebel
Race of victim	White
Age of victim	89
Relationship to defendant	None
Summary of crime	Wheelchair-bound victim shot during the burglary of his home in St. Clair Co.
County where tried	St. Clair
Trial judge	Stephen M. Kernan
Trial attorney	Patrick M. Young
Prosecutor	Clyde L. Kuehn, St. Clair County State's Attorney
Trial by	Jury
Race of jurors	White; 3 Blacks excused by prosecutorial peremptory challenge
Convicted of	Murder
Principal Inculpatory evidence	Confession, recanted before trial, acknowledging participation in home invasion during which crime was committed but attributing actual murder to co-defendant, Richard Holman; testimony of Gregory Mitchell, a self-described "fence" that Davis told him, "We might have something for you later on," and that Holman later the same day sold him the gun stolen from the victim and used to kill the him; evidence of two prior murders of elderly women, Frieda Mueller and Esther Sepmeyer, introduced for purpose of establishing modus operandi; items taken from Sepmeyer home found in Davis's possession.
Principal exculpatory evidence	Testimony of two special agents of the Illinois Division of Criminal Investigation establishing that other persons had been convicted of two murders to which Davis had confessed at the same time he confessed to the Biebel, Mueller, and Sepmeyer murders.
Defendant testimony	None
Jailhouse snitch	None
Accomplice testimony	None (Although during the sentencing phase the jury was shown a video-taped interrogation of Davis during which State's Attorney Clyde L. Kuehn stated that Davis's alleged accomplice, Richard Holman, had implicated Davis in several murders in which Davis allegedly was the trigger man.)
Confession	Yes (recanted before trial)
Eyewitness testimony	None
Forensic testimony	None
Non-forensic expert testimony	None
Evidence of mental illness, retardation, and/or neurological damage	No evidence presented to jury (Out of the jury's presence, defense attorney Young informed Judge Kernan that there was evidence Davis suffered from mental illness, retardation, and brain damage. Young described the evidence as sufficient to show that "the murder was committed while the defendant was under the influence of extreme mental or emotional disturbance, although not such as to constitute a defense to the prosecution." Young said Davis did not want such evidence presented to the jury. Kernan then asked Davis if Young had correctly stated his position, and Davis replied, "That's correct.")
Statutory aggravating factor	Prior murder convictions (murders of John Oertel and Frank Cash)
Sentencing authority	Jury
Mitigating factors	The only evidence in mitigation was the testimony of Davis's wife, Cindy Davis, who testified that her husband never had been violent toward her and that, if he were allowed to live, she would visit him in prison.
Criminal history	Convictions for the murders of John Oertel and Frank Cash in St. Clair County, conviction for attempted murder in St. Clair County, conviction of the murder of Esther Sepmeyer in Madison County.
Date sentenced	December 1980
Age when sentenced	22
Co-defendant	Richard Holman
Disposition of co-defendant's case	Case severed, charges dismissed on state's motion; Holman had been convicted and sentenced to natural life for the Sepmeyer crime.
Appellate history	· Conviction and sentence affirmed by Illinois Supreme Court on February 18, 1983, People v. Davis, 95 Ill.2d 1. (Justice Joseph Goldenhersh voted to affirm the conviction but dissented on the sentence on the ground that there was no evidence that Davis, as opposed to Holman, had been the triggerman. Justice Seymour Simon dissented on both the conviction and the sentence.) · Petition for post-conviction relief dismissed by St. Clair County Circuit Court Judge Patrick J. Fleming without a hearing, appeal unanimously denied by Illinois Supreme Court on December 21, 1987, People v. Davis, 119 Ill.2d 61. (Justices Simon and Cunningham took no part in decision.) · Petition for federal writ of habeas corpus denied by U.S. District Court Judge William D. Stiehl, of the Southern District of Illinois, appeal denied by U.S. Court of Appeals for the Seventh Circuit on January 13, 1994, Davis v. Greer, 13 F.3d 1134. · Petition for rehearing en banc denied by Seventh Circuit on April 13, 1994, Davis v. Greer, 21 F.3d 788. (Judges Kenneth F. Ripple, Richard D. Cudahy, and Ilana Diamond Rovner dissented.)
Appellate counsel	Daniel D. Yuhas, Charles M. Schiedel, Lawrence Bapst, and David Bergschneider, of the Illinois Appellate Defender's Office, on direct appeal; Russell J. Hoover and Julia A. Martin, of Jenner & Block, in petition for post-conviction relief; John D. Shugrue, Russell J. Hoover, Barry Levenstam (argued), and Jannice A. Hornaday, of Jenner & Block, on petition for federal writ of habeas corpus.
Date of execution	May 17, 1995
Age when executed	37
Time lapse (conviction to execution)	14 years, 5 months

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Larry Griffin (Missouri)

Name/DOC #	Larry Griffin
Address	Potosi Correctional Center/deceased
Date of Birth	September 23, 1954
Race	Black
Date of Crime	June 26, 1980
Age Time of Crime	25
Date Sentenced	August 7,1981
Victim(s)	Quintin Moss
Race of Victim(s)	Black
Relationship to Defendant	Suspected murderer of Griffin's brother, Dennis.
Facts Alleged by State	Griffin shot Moss from a moving car at the intersection of Sarah and Olive in St. Louis, Missouri.
County of Trial	City of St. Louis
Trial Judge	Gallagher
Trial Attorney	Frederick Steiger
Prosecutors	Gordon Ankney
Trial By	Judge and Jury
Race of Jurors
Convicted of	Capital murder
Confession	None
Accomplice Testimony	None
Eyewitness Testimony	Unreliable photo identification by sole eyewitness Robert Fitzgerald, who later recanted his in-court identification of Griffin.
Forensic Testimony	None of Griffin’s fingerprints found on car None of Griffin’s fingerprints found on murder weapons.
Jailhouse Snitch	N/A (Prosecution denied there was a plea bargain in exchange for Fitzgerald's testimony but he was released from custody having had his sentence reduced to time served for credit card fraud charges on the day Griffin was convicted.)
Defendant Testimony	Did not testify
Principal Exculpatory Evidence	Testimony of Kerry Caldwell, an actual participant in the killing, that Griffin was not involved. New eyewitness (Jimmy Massey) stated Griffin not involved.
Sentencing Authority
Statutory Aggravating Factor	The circumstances of the shooting created a risk of danger to other persons.
Non-Statutory Aggravating Factor	N/A
Mitigating Factors	Actual Innocence Death penalty disproportionate sentence for drive-by shooting Defendant did not receive a fair trial.
Evidence of Mental Illness Retardation and or Neurological Damage	N/A
Criminal History	Shoplifting and burglary - details not known
Appellate History	See page 9 clemency petition
Ineffective Assistance?	At trial: · Failure to present relevant evidence that Griffin was left-handed · Inadequately investigated alibi defense collapsed in court · Failure to discover and utilize information undermining Fitzgerald's credibility. · No preparation for penalty phase.
Police Misconduct?	Police presented photo of Griffin to Fitzgerald and suggested he was involved before actual photo identification.
Prosecutorial Misconduct?	· Prosecutor referred to Griffin's failure to testify · Failed to reveal Fitzgerald's conviction · Failed to disclose that Robert Campbell was an available witness. · Fitzgerald plea bargain not disclosed
Appellate Counsel	Frederick Steiger (Direct Appeal to Missouri Supreme Court) Kent E. Gipson (Federal Habeas)

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Roy Michael Roberts (Missouri)

Name/DOC #	Roy Roberts
Address	Moberly Training Center for Men
Date of Birth
Race	White
Date of Crime	July 3, 1983
Age Time of Crime
Date Sentenced
Victims	Thomas Glen Jackson
Race of Victims	White
Relationship to Defendant	Prisoner/guard
Facts Alleged by State	Holding prison guard while he was stabbed to death
County of Trial
Trial Judge
Trial Attorney	Tom Marshall
Prosecutors	Tim Finnical
Trial By	Jury
Race of Jurors
Convicted of	Capital murder
Confession	No
Accomplice Testimony	No: · Rodney Carr, stabber, got life · Robert Driscoll-recently retried and got death penalty
Eyewitness Testimony	Yes: · 3 guards and 1 prisoner: all failed initially to identify Roberts, a 300+ pound man · Guard Halley claimed in trial testimony that he just forgot to mention him
Forensic Testimony	· Blood on other inmates’ clothes, not known if tested; · Nothing on Roberts's clothes (they were not saved, tested, or offered as evidence)
Jailhouse Snitch	No
Defendant Testimony
Principal Exculpatory Evidence	· No bloody clothes. · No physical evidence tying him to crime. · One guard testified that he fought with Roberts elsewhere during riot. · Roberts took polygraph test Feb. 19, 1999 - results showed "no deception" on direct questions about murder
Sentencing Authority	Jury
Statutory Aggravating Factor	Previous arrest for robbery of restaurant; did 2 years before that
Non-Statutory Aggravating Factor
Mitigating Factors
Evidence of Mental Illness Retardation and or Neurological Damage	No
Criminal History	· Crime for which he was in prison: robbing a restaurant · Carl Harris confessed to that crime in February, 1999 (St. Louis Post-Dispatch-February 21, 1999, Bill McClellan, reporter)
Appellate History	· Direct appeal denied State v. Roberts, 709 S.W. 2d 857 (Mo.1986). · His writ of certiorari was denied in Roberts v. Missouri, 479 U.S. 946 (1986). · Again in 1989 his writ of certiorari was denied by the court en banc, 494 U.S. 1039 (1990). · The U.S. Supreme Ct. denied his final petition for certiorari on Jan. 11, 1999. Roberts v. Bowersox, 119 S. Ct. 808 (1999). · The U.S. Supreme Ct. denied his final petition and appeal March 9, 1999, hours before the execution. · Roberts v. Bowersox, 119 S. Ct. 1160 (1999)
Ineffective Assistance?	Yes: Lawyer failed to cross examine 3 of the 4 eyewitnesses about discrepancies in testimony
Police Misconduct?
Prosecutorial Misconduct?
Appellate Counsel	Bruce Livingston

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Odell Barnes, Jr. (Texas)

	DEFENDANT’S INFORMATION
Defendant’s Name	Odell Barnes
Date of Birth	1971
Defendant’s Race	Black
Criminal History	Aggravated robbery; rape, after the Bass crime
Execution Date	March 1, 2000
TDC Number
Age at time of crime	18
Age at execution	29
	THE CRIME
Date of Crime	November 29 or 30, 1989
County	Wichita
Victim(s)	Helen Bass
Race of Victim(s)	Black
Relationship to Defendant (if any)	· Barnes’ mother was friends with her · Barnes had worked on her house previously · Barnes had a consensual sexual relationship with her
Offense Alleged	Capital murder
Allegations	Raped, shot, stabbed, beat, robbed victim
	THE TRIAL
County where tried	Lubbock
Trial Judge	Temple Driver–Wichita Falls
Prosecutor(s)	Barry Macha and John Brasher—trial and post conviction
Defense Attorney(s)	Reginald Wilson and Marty Canedy–Wichita Falls
Plea	Not guilty
Racial Makeup of Jury
Convicted of (statute)	Capital murder (Rape, robbery and murder)
Confession?	No
Accomplice(s)	No
Eyewitness(es)	Robert Brooks–testified to seeing Barnes jump victim’s fence one and one half hours before victim’s return home from work Mary Barnes (Odell’s mother) brought victim home from work
Scientific Evidence	Identification by prosecution of blood and semen–50% probability, 2 spots blood on coveralls Fingerprint on lamp
Jail House Snitch?	No
Defendant testimony	No
Exculpatory Evidence Offered?	Not at trial
Additional Punishment evidence by State	One of his unadjudicated rapes; prior criminal history
Mitigating Evidence by Defense	None presented at punishment phase: · A few family members spoke for him. · Psychological test done right before trial · Psychologist never testified · No mitigation with regard to family life · Fights in family · Heavy use of alcohol and fighting (Barnes had shot father while trying to protect mother)
Mental Retardation, Mental Illness, neurological damage?	No
Sentencing Date:	May 14, 1991
	DIRECT APPEAL COURT OF CRIMINAL APPEALS
State’s appellate attorney	Macha and Brasher
Defendant’s appellate attorney	Wilson and Canedy
Appellate brief filed	Date
Grounds Raised	Challenged: · Search warrants · Admission of photos of victim · Sufficiency of evidence to sustain conviction · Failure of trial court to define reasonable doubt · Evidence to suggest Barnes as future threat · Jury selection · Error in punishment charge · Witness not on State’s list allowed to testify
Date of opinion	1994/affirmed conviction (Barnes v. State 876 s.w. 3d316)
Opinion citation	Affirmed conviction
Cert to S. Ct?	October 1999
	STATE WRIT OF HABEAS CORPUS
Writ Attorney	John Curry–Wichita Co. Public Defender
Appointed, retained or volunteer?	Appointed/filed Writ April 1997
Grounds Alleged	· Denial of instruction on reasonable doubt · Denial of reasonable appellate review by CCA · Failure to inform jury that a single "no" vote on special issue would force court to give Barnes a Life sentence. <