Notes on the narrative summaries
The narrative summaries are arranged so that they will match the order in which the spreadsheet program generated printouts for many of the footnotes:
1. The sets of cases are in the following order: DS-04, DS-05, PS-04, PS-05, SS-04, and SS-05.
2. Within each of the six sets, the jurisdictions appear in alphabetical order by the two-letter abbreviation for the jurisdiction. This means the AR cases (Arkansas) come before the AZ cases (Arizona) even though Arizona comes before Arkansas in alphabetical order, because the two-letter abbreviation for Arkansas (AR) comes alphabetically before the two-letter abbreviation for Arizona (AZ); the Missouri cases (MO) come before the Mississippi cases (MS); the NC cases (North Carolina) come first among the states beginning with N, while the NV cases (Nevada) come last. The federal cases are placed before the Florida cases because the abbreviation we used for federal cases (FD) falls there alphabetically. Similarly with the military cases, their abbreviation (ML) causes them to be placed before Missouri (MO).
3. Within each jurisdiction, the defendants are arranged alphabetically by last name. In the PS and SS sets defendants in the same case are included within one narrative summary, and alphabetized by last name of the defendant whose surname comes first alphabetically among the defendants in that case.
Note: The DS-04, PS-04, and SS-04 narrative summaries appear (with additional information that has been omitted here) in an on-line Appendix to the author’s earlier law review article, David McCord, Lightning Still Strikes: Evidence from the Popular Press That Death Sentencing Continues to Be Unconstitutionally Arbitrary More than Three Decades After Furman, 71 Brooklyn L. Rev. 797 (2005). See http://facstaff.law.drake.edu/david.mccord/brooklynAppendices.pdf These narratives for 2004 and 2005 also appear on the website of the Capital Case Data Project of the National Jury Center of the the American Judicature Society, where the author was formerly the Director of the Center. See http://www.ajs.org/jc/death//jc_death.asp
DS-04-AL-01 James Edward Barber—white, age 42
Sentenced to death in Madison County, Alabama
By: A judge, after an 11-1 recommendation of death by a jury.
Date of crime: 5/20 or 21/01
Prosecution’s case/defense response: Barber was a handyman who had been doing work for 75 year-old Dorothy Epps. During a robbery, he beat her to death with a hammer. He confessed on videotape, and was linked to the crime scene through physical evidence. The defense contested guilt on the basis that the confession was false, and that the circumstantial evidence was weak. In the penalty phase, the defense presented evidence that Barber was in a cycle of drug use, and that his violent behavior was not characteristic of him.
Sources: Huntsville Times, 5/26/01, 8/5/03; Telephone conversation with prosecutor Starnes 9/22/04
DS-04-AL-02 Brandyn Joseph Benjamin—black, age 19
Sentenced to death in Houston County, Alabama
By: A judge after a jury 10-2 jury recommendation of death
Date of crime: 11/18/00
Prosecution’s case/defense response: Benjamin pistol-whipped and robbed Jimmie Floyd Lewis in a rainy mall parking lot, and then shot Lewis in the heart and leg, killing him. Benjamin bragged of the murder (although he would later claim the gun accidentally discharged). In mitigation the defense argued that Benjamin had an absent father and had endured years of physical and emotional abuse; further, he had experienced the deaths of four primary caregivers.
Sources: Ozark Alabama News 1/29/01 (http://ozark.wiregrass.com/news92.html) Dothan Eagle (Alabama) 5/20/03, 9/25/03, 5/28/04
DS-04-AL-03 Jimmy Lee Brooks – white, age 22
Sentenced to death in Talladega County, Alabama
By: A judge, after a unanimous jury recommendation of death
Date of crime: 2/17/02
Prosecution’s case/defense response: Brooks and Michael Carruth kidnapped Forest Bowyer and his 12-year-old son, Brett Bowyer, from their home by posing as police officers. The kidnappers stole $47,000 and took the victims to a construction site. Brooks shot the son in the head three times, slit the father’s throat and dumped them both into a shallow grave. The son died, but the father survived and was able to identify Brooks and Carruth. The defense argued that Carruth forced Brooks to commit the murder. In mitigation, the defense presented evidence that Brooks came from a broken home, and did not intend to harm the child. (Although no evidence was presented in this trial, Brooks and Carruth were also charged in another county with robbing and murdering an elderly couple in a home invasion burglary.)
Sources: Columbus Ledger-Enquirer 3/2/2002 (2002 WL 7754655), 2/11/2004 (2004 WL 57207047), 4/9/2004 (2004 WL 57208570); CNN.com, Alabama Duo Facing New Murder Charges (Feb. 20, 2002), available at http://www.cnn.com/2002/US/02/20/buried.alive/
DS-04-AL-04 Michael Lee Brown—white, age 24
Sentenced to death in Bessemer County, Alabama
By: A judge, after a jury recommendation of death (vote unknown)
Date of crime: 10/19/01
Prosecution’s case/defense response: Brown burglarized the trailer of 66-year-old Betty Kirkpatrick to rob her. He strangled her, slashed her throat, and put a bag over her head. The robbery netted $91, some jewelry, and Kirkpatrick’s 1986 Thunderbird car. Brown had done odd jobs for Kirkpatrick, and called her “grandma.” The same week, Brown had tried to rob a family planning clinic. He also had a conviction for attempted rape. A tipster also reported that Brown had bragged about the murder. Brown contended that while he had been present during the murder, someone else had killed Kirkpatrick. As mitigation the defense presented evidence that Brown had been abused as a child, and had some positive character traits.
Sources: The Birmingham News 8/11/2004 (LEXIS, USPAPR File), 6/18/2004 (LEXIS, USPAPR File), 10/19/2001 (LEXIS, USPAPR File).
DS-04-AL-05 James Brownfield—white, age 27
Sentenced to death in Jackson County, Alabama
By: A judge, after a jury recommendation of death
Date of crime: 12/24/01
Prosecution’s case/defense response: Brownfield beat to death with a hammer his sister Brenda McCutcheon, and her 3-year-old grandson. He scrawled in lipstick on a wall, “Tammy I love you. Never forget. Killing is my business now.” Then he went to the home of Brenda’s estranged husband Latham and beat him to death with the hammer, also. There was evidence that Brownfield was high on several drugs, including Xanax, at the time of the killings.
Sources: Associated Press 12/26/01 (APWIRES 15:50:00), Heather Smith, Brownfield Found Guilty of Capital Murder, The Daily Sentinel, Feb. 26, 2004. Heather Smith, Brownfield’s Fate in the Hands of the Jurors, The Daily Sentinel, Feb. 25, 2004. Heather Smith, Psychiatrist Testifies in Murder Trial, The Daily Sentinel, Feb. 22, 2004. Mobile Register 2/16/04
DS-04-AL-06 Emanuel Gissendanner—black, age 25
Sentenced to death in Dale County, Alabama
By: A judge, after an 11-1 jury recommendation of death
Date of crime: About 6/22/01
Prosecution’s case/defense response: Gissendanner assaulted the 77-year-old victim Margaret Snellgrove, kidnapped her by putting her in the trunk of her car, stole her car, and killed her by inflicting severe head and neck trauma, finally dumping her body in a ravine. He then forged a check from her purse and cashed it. Gissendanner claimed he rented the car and received the check from another man, and denied involvement in crimes against Snellgrove. He claimed he was at home at the time of the murder. Gissendanner had a prior forgery conviction. In mitigation the defense offered evidence that Gissendanner had no history, either criminal or non-criminal, of violence.
Sources: Columbus Ledger-Enquirer (Ga) 6/28/01 (2001 WL 27192094)
DS-04-AL-07 Antonio Jones – black, age 20
Sentenced to death in Houston County, Alabama
By: A judge, after an 11-1 jury recommendation of a death sentence
Date of crime: 12/31/99
Prosecution’s case/defense response: Jones beat 80-year-old Ruth Kirkland to death during a home invasion burglary. After the murder, police found Jones wearing blood stained clothes and driving Kirkland’s car. Kirkland’s grandson discovered his grandmother beaten to death with fractured ribs, broken arms and bruises all over her body. Prosecution presented DNA evidence linking Jones to the crime. Jones argued that he went to Kirkland’s house with some other men and it was one of them who killed her. In mitigation, the defense focused on Jones’ hyperactivity and a low IQ. Jones also had a rough childhood and was raised in a broken home.
Sources: Associated Press 3/16/04 (APWIRES 18:14:13); Dothan Eagle 3/16/04, 6/9/04
DS-04-AL-08 Charlie Washington—black, age 54
Sentenced to death in Elmore County, Alabama
By: A judge, after a 10-2 jury recommendation of death
Date of crime: 1/3/03
Prosecution’s case/defense response: Julian and Florence McKinnon (ages 82 and 84) were beaten to death by numerous blows from a blunt object in their home by Washington during a burglary/robbery. Washington was found in possession of the couple’s car at the time of his arrest, as well as a large sum of money roughly corresponding to the amount taken from the home, as well as a coin collection from the home. Traces of the blood of both victims were found on his clothes. Washington claimed an alibi: he had been on the way to Atlanta to do a drug deal at the time of the murders; but the alibi was not supported. In mitigation, the defense offered evidence of a rough childhood, and drug usage. (Note: Defense lawyer Walter K. Jones reports that he has since randomly encountered two of the jurors in the community, and both said that if Washington had admitted the crime and expressed remorse, the jury would have had more than 2 votes for a life sentence—and 10 is the minimum number that will support a death recommendation.)
Sources: (Montgomery Advertiser 2/1/03 2003 WL 6844026); Telephone call with Prosecutor Partridge and Defense Attorney Jones on 9/24/04.
DS-04-AR-01 Billy Dale Green – white, age 43
Sentenced to death in Randolph County, Arkansas
By: A jury
Date of crime: 7/29/98
Prosecution’s case/defense response: Billy Green had his son, Charles, pretend he was having car trouble to lure the victim, Carl Elliott, to a bridge where Billy shot him. Billy then went to the Elliott house where he beat and killed Elliott’s wife and two children. Billy used a tire tool to kill Elliott’s 5-year-old son, and then hit the wife 27 times with the tool and slit her throat. Billy then put Elliott’s 8-year-old daughter in a trash can and kept her alive for two days in a shed before he drove her to the woods and killed her. Prosecutors argued that Billy killed the family two weeks after Elliott confessed to stealing Billy’s marijuana plants in 1994. The prosecution had no forensic evidence of the crime, but only the testimony of Billy’s son, Charles. The defense argued that Charles killed the Elliott family and blamed it on his father. In mitigation, the defense blamed Green’s upbringing that led him to a life of drugs and crime.
Sources: The Arkansas Democrat Gazette 8/8/03 (2003 WL 57086811), 9/23/03 (2003 WL 62520936), 5/14/04 (2004 WL 78805842), 5/15/04 (2004 WL 78805987), 5/18/04 (2004 WL 78806219), 5/21/04 (2004 WL 78806377), 5/22/04 (2004 WL 78806488), 5/28/04 (2004 WL 78806990); Arkansas Department of Corrections: www.state.ar.us/doc/deathrow.html
DS-04-AR-02 Billy Thessing – white, age 33
Sentenced to death in Pulaski County, Arkansas
By: A jury
Date of crime: 2/11/03
Prosecution’s case/defense response: Thessing went to 67-year-old Mattie Bassinger’s home to rob and beat her to death. Thessing stole Bassinger’s car and planned to return to her home to set the house on fire to make the death appear accidental. Thessing was arrested after he wrecked Bassinger’s car. A friend testified that Thessing confessed to killing an elderly woman and gave her Bassinger’s food and a television set. Thessing had a long record of felony convictions. He maintained his innocence and testified twice he was a victim of a satanic conspiracy.
Sources: The Arkansas Democrat Gazette 2/20/03 (2003 WL 4940111), 9/1/04 (2004 WL 90837260), 9/3/04 (2004 WL 90837435), 9/8/04 (2004 WL 90837651), 9/11/04 (2004 WL 90838166); Arkansas Department of Corrections: www.state.ar.us/doc/
DS-04-AZ-01 Wendi Andriano—white, age 30
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: 10/8/00
Prosecution’s case/defense response: Andriano killed her husband, Joe, who was dying of cancer. She poisoned her husband and was going to claim he had a heart attack so she could obtain money from a medical malpractice suit. While Joe was dying from the poison she hit her husband over 20 times in the head with a bar stool and then stabbed him. Andriano argued that she acted in self defense because she was trying to prevent him from reaching for a knife after they fought because she had been having an affair. A state psychologist explained that she was extremely manipulative and faked a suicide attempt to ensure her an easier time in jail after her arrest.
Sources: The Arizona Republic 11/19/04 (2004 WL 98651084), 12/23/04 (2004 WL 101483047)
DS-04-AZ-02 David Lamar Anthony—white, age 53
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: About 7/7/01
Prosecution’s case/defense response: Anthony killed his wife and two children (ages 12 and 14) so that he could take control of his wife’s assets. Their bodies were never found. The prosecution proof of death relied partly on blood and semen trace evidence. The defense attempted to suggest that Anthony’s wife’s former husband, who was the biological father of the two children, was the culprit. (Note: Anthony was convicted in 2002, but not sentenced until 2004 because the constitutionality of Arizona’s death penalty statutes was being litigated. Thus, he was sentenced by a different jury than the one that convicted him.)
Sources: The Arizona Republic 3/8/04 (2004 WL 74714106); 9/24/04, Maricopa County Superior Court order 2/15/02
DS-04-AZ-03 Charles David Ellison—white, age 33
Sentenced to death in Mohave County, Arizona
By: A jury
Date of crime: 2/24/99
Prosecution’s case/defense response: Ellison killed Joseph and Lillian Boucher in their home in Kingman during a burglary. The jury found 6 aggravating circumstances: his prior criminal record, that he was on parole for armed robbery at the time of the murders, that the crime was committed for pecuniary gain, that the victims were older than 70, that the victims were bound and suffocated tape, and that there were two murders. The defense mitigation focused on Ellison’s rough childhood and his drug and alcohol addictions, and attempted to convince the jury that the primary wrongdoer had been accomplice, Richard Finch, who was earlier sentenced to life in prison.