[Deathpenalty] death penalty news----FLA., GA., ALA., OHIO, IND., KY.
Rick Halperin
rhalperi at smu.edu
Wed May 27 10:49:36 CDT 2015
May 27
FLORIDA:
Attorneys appeal convicted murderer's death sentence
David Beasher Snelgrove, sentenced to death in 2002 by an 8-4 jury vote after
he was convicted in the 2000 beating and stabbing deaths of his elderly Palm
Coast neighbors, Glyn and Vivian Fowler, has appealed his death sentence
multiple times.
He was back in court in Flagler County Tuesday, May 26, as his defense team
attempted to convince Circuit Judge David Walsh to throw out his conviction and
his death sentence and grant him a new trial and penalty phase.
Snelgrove, wearing the green and white jumpsuit of an inmate on death row, was
largely expressionless throughout the hearing.
The victims' children, Randy Fowler and Pamela Fowler Norko, traveled from
their homes in California for the hearing.
Norko, who dabbed at her eyes with a tissue throughout the proceedings, said
the repeated appeals - which have included 2 before the Florida Supreme Court -
have been hard on the siblings.
"We went through the 1st trial back in 2002, then there was another hearing for
the penalty phase, and we've been though 2 appeals in Tallahassee, and now
this," she said.
Her brother was also frustrated with the lengthy process.
"All they're doing is pulling at straws trying to save him, after he murdered 2
wonderful people," he said.
Norko said she is hoping Walsh, who will rule in the future after reviewing the
case documents which must be submitted in the coming 30 days, will find for the
prosecution.
"We will fight to the end," she said.
She noted that her parents had been friendly with Snelgrove, who lived across
the street from her parents. They'd loaned him money in the past.
But Snelgrove, then 27, broke into their home one night to steal money or
jewelry to pawn to support a cocaine addiction.
"All he had to do was ask my dad, and my dad would have done anything for him,
for anybody," Norko said.
But when the couple awoke and interrupted Snelgrove's burglary, he killed them,
beating 84-year-old Glyn Fowler so brutally that he died of blunt force trauma
to the head, according to Florida Supreme Court records. Vivian Fowler, 79,
died of a stab wound to the heart, and both had "multiple fractures and stab
wounds spread throughout their bodies," according to the document.
Snelgrove pawned the couple's jewelry and used their bloodstained cash to buy
cocaine.
Detectives arrested him after a bloodhound tracked a scent trail to Snelgrove's
house, where "police recovered a knife in the woods next to the Snelgrove home
with blood matching Snelgrove's DNA," according to the Florida Supreme Court
document. There were blood droplets containing Snelgrove's DNA throughout the
Fowler home.
The Florida Supreme Court overturned Snelgrove's sentence in 2005, then
reversed itself in 2009, again sentencing Snelgrove to death. A subsequent
hearing in 2013 also upheld the sentence. Most states with the death penalty
require a unanimous jury recommendation to implement it.
In the hearing Tuesday, Snelgrove's defense team, led by Tampa-based attorney
Richard Kiley and attorney Ali Shakoor, made two claims of ineffective counsel
during the trial: that Snelgrove's counsel failed to address a possible mental
disability that could have prevented him from being sentenced to death, and
that Snelgrove???s defense team failed to object to improper comments by the
prosecution.
Snelgrove's lead counsel at the time of his trial, James Valerino, testified
Tuesday that an initial IQ test administered to Snelgrove in jail showed an IQ
of 77 - too high for Snelgrove to be considered what was, at the time, referred
to as "mentally retarded." The current term is "mentally disabled."
A subsequent test found a score of 70, Valerino said. A score of 70 was, at the
time, the very highest someone could have if they were to be considered
mentally disabled.
Valerino said in the hearing Tuesday that he had requested a continuance from
the judge at the time in order to pursue the possibility that Snelgrove was
mentally retarded, but the motion was denied.
A forensic psychologist, Gregory Prichard, evaluated Snelgrove for the
prosecution, judging him at the time to functioning at a "borderline" range of
mental functioning that was not so low as to be considered mentally disabled.
He'd evaluated Snelgrove's IQ as 75.
In court Tuesday responding to questions from the prosecution, Prichard noted
that Snelgrove hadn't been classed as intellectually disabled as a child. He'd
instead been listed as emotionally disabled.
"When they're saying it's emotional, they're essentially ruling out that it has
anything to do with intellectual condition," Prichard said.
And, he said, Snelgrove's written communications from prison didn't seem like
that of someone with an intellectual disability, and people didn't react to him
as someone who was mentally disabled.
"In my mind, everything was consistently pointing that Mr. Snelgrove was
functioning in a borderline intellectual range, not in a disabled range,"
Prichard said.
Kiley asked Prichard if he had any way of knowing if other inmates had helped
Snelgrove write the communications that Prichard had reviewed.
He did not.
Snelgrove's current defense team also found a former employee of Snelgrove's
Miami-Dade county high school - Christine Mack - who had worked with Snelgrove
when he was a child.
Valerino hadn't done that, and Shakoor argued that he should have, and that his
failure to do so constituted ineffective counsel and grounds for a retrial.
But Valerino, who came to court Tuesday with a trolley loaded almost 5 feet
high with file boxes full of case documents, said from the witness stand that
he'd found no school documents listing Snelgrove as intellectually disabled.
Shakoor asked Valerino if he'd traveled to Miami or sent a special investigator
there to look for a witness who could testify to Snelgrove's intelligence.
After the continuance he'd requested was denied, Valerino replied, "We did not
have time to find a witness when we were in the middle of the penalty phase."
Shakoor argued that Valerino could have sent a special investigator to Miami to
look for witnesses who'd provide mitigating information, and that fact that he
hadn't - and that he had not objected to statements made by prosecutor and
former State Attorney John Tanner in openeing and closing arguments, when
Tanner told the jury that Vivian Fowler hadn't run away the night of her murder
because she'd been with her husband too long to flee, and that she must have
known what was coming - constituted ineffective counsel.
"These were objectionable matters," Shakoor said of Tanner's statements. "The
first 2 statements ... were an example of Mr. Tanner inflaming the jury by
getting in the mind of the victim."
The defense team questioned Mack Tuesday through a video link to the courtroom.
She testified that she'd seen Snelgrove regularly, though not frequently, when
she was an ESE program specialist at Miami Central Senior High School, which he
attended.
"Mr. Snelgrove, I remember, was a tall skinny young man," she said. "He was
pleasant, he was not a disruptive student. He did have a tendency to be
truant."
Shakoor noted that many of Snelgrove's school records - such as possible IQ
tests that might establish mental disability before the age of 18, a potential
mitigating factor in his case - had been destroyed by the Miami-Dade County
School District by the time of his trial.
He asked Tanner if it was possible for students who'd been classed as
emotionally disabled for ESE classes to also have an intellectual disability.
It was possible, Mack said, though common. When Snelgrove was in high school,
she said, it wasn't possible for students to double up on ESE programs. On
occasion there were other conditions, but the students were placed based on
what was the best setting for them at that time," she said.
But Snelgrove wasn't able to take regular courses, and was instead on an
alternate diploma course, available only to students whose reading level in
high school was below the 4th grade level.
"He could not be mainstreamed into the regular academic classes," she said.
Mack said in response to Shakoor's questions that she would have been willing
to testify at previous hearings.
"As a lay witness, Ms. Mack's testimony could have been very beneficial for Mr.
Snelgrove," Shakoor said. "Mr. Snelgrove's lay witnesses were mostly family
members or close friends. ... But as a juror, they're going to see somebody
testifying for a family member, they???re not going to take it ... with
possibly the same level of scrutiny as they would with somebody who was a
non-relative, who's an education professional. ... Trial counsel, he had no
reason for not finding Ms. Mack."
Kiley said Mack's testimony satisfied the need for evidence that Snelgrove had
an intellectual disability before the age of 18, despite the destruction of
some of his school records before the trial.
"The only records that could save this man's life have been destroyed," Kiley
said. "This man was never going to graduate from high school like a normal
person; he was reading at a 4th grade level when he was in the 9th grade. ...
Evidence of onset under the age of 18 had now been satisfied."
Attorney Scott Browne, arguing the case for the State Attorney General's
Office, said that wasn't the case.
"Did you see the number of boxes in here, your honor?" he said to Walsh. "Did
that seem like an attorney who took his job lightly in this case? These defense
attorneys left no stone unturned. ...Was (Mack's) testimony inconsistent with
anything understood at the time? The answer is no."
And the comments by Tanner during the trial also weren't grounds for scrapping
it and starting over, he said.
"Mr. Snelgrove received a death sentence not because of any brief comment by
Mr. Tanner - he did it because he committed 2 heinous and atrocious, cruel
murders," he said. "Nothing that has occurred in this courtroom should
undermine the confidence in the death sentence that Mr. Snelgrove received for
committing 2 murders in this case."
(source: palmcoastobserver.com)
GEORGIA:
U.S. Supreme Court to hear Ga. death penalty case
The U.S. Supreme Court has agreed to hear a death penalty case in which Floyd
County prosecutors struck all prospective jurors who were African American in a
capital case against a black man.
The justices voted Tuesday to hear the arguments in the next term, which starts
in October.
Timothy Foster was sentenced to die in 1987 for the murder of a 79-year-old
woman, Queen Madge White.
Rome police found White Aug.28, 1986, on the bedroom floor in her home, where
she lived alone, after her frightened sister reported it appeared someone had
broken into White's house. A blanket covered White up to her chin and her face
was coated with talcum powder. White had a broken jaw and a gash on the top of
her head. She had been sexually molested with a salad-dressing bottle before
she was strangled.
Foster was arrested for White's murder a month later after police, responding
to a report that he had threatened his live-in companion. The found items
reported missing from White's house. He eventually confessed, according to
court records.
Lawyers from the Southern Center for Human Rights, who are representing Foster,
say prosecutor's notes show a racial bias in jury selection. According to the
appeal, the name of prospective black jurors were highlighted and the word
"black" was circled in the race question on the questionnaires given to each
prospective jurors. The notes identified them as "B#1," "B#2," and "B#3."
The notes also show that the prosecution's investigator ranked black
prospective jurors in case they had to seat an African American. There were 4
prospective jurors in the pool of 42 people qualified to hear a death penalty
case; prosecutors struck all 4.
Attorneys for the state successfully argued before the Georgia Supreme Court
that prosecutors had legitimate, race-neutral reasons for striking the 4
African Americans and they did not rely on the investigator's notes. Those same
arguments have been raised with the U.S. Supreme Court.
Foster went to trial the year after the U.S. Supreme Court ruled it was
unconstitutional to exclude jurors based on their race.
(source: Atlanta Journal-Constitution)
ALABAMA:
Man charged with capital murder in 3-year-old son's 2013 death denied bond
A Huntsville man charged with capital murder in his 3-year-old son's 2013 death
was denied bond in a hearing held in Madison County last week.
Maurice Antionne Cartwright, 35, is accused of choking and hitting his son,
Jeremyah Shoulders, and causing bleeding on the boy's brain. The boy was taken
to Huntsville Hospital by a relative on April 30, 2013, and died of his
injuries 2 days later.
Assistant Madison County District Attorney Tim Gann told AL.com Tuesday that
the office is still deciding whether to seek the death penalty for Cartwright.
Cartwright was initially charged with aggravated child abuse, but the charges
were amended after Jeremyah died.
Huntsville Police Investigator Chad Smith testified at Cartwright's July 2013
preliminary hearing that Jeremyah had marks on his head and neck when he was
admitted to the hospital. The boy's mother said she had not seen marks on her
son before he went for a visit with his father.
A pathologist found that the child had suffered multiple blows to the head and
nose.
"She said injuries couldn't be from a fall and couldn't be from being shaken,"
Smith testified of the findings. "He was hit with something and it was more
than one time."
Cartwright reportedly told investigators that Jeremyah was taking a nap and
when he went to wake the child up, he couldn't. He said that he put the boy on
the floorboard behind the seat of his Ford Ranger and took him to meet his
aunt, who then drove the child to Huntsville Hospital.
Smith said at the hearing that Cartwright has 1 other son 2 years older than
Jeremyah. The suspect told investigators that he would never hurt his children.
(source: al.com)
OHIO:
25 years later, Atwater murder case, conviction still generate controversy
More than 25 years after an elderly Atwater couple were found shot to death in
their home following what appeared to be a botched robbery, controversy
continues to surround the conviction of a man sitting on Ohio's death row for
the crime.
Tyrone L. Noling, now 43, has been on death row since 1996, when he was
convicted of aggravated murder in the deaths of Bearnhardt and Cora Hartig,
both 81 years old, who were found shot to death in their home in the 6500 block
of Moff Road on April 7, 1990.
The Portage County Coroner's Office estimated the Hartigs had been dead for 2
days before their bodies were found. Both had been shot multiple times with a
.25-caliber handgun.
Noling, then 18, was a suspect in several prior home invasion robberies in
nearby Stark County in the week prior to the murders. He reportedly was armed
and pointed weapons at the victims in those incidents, but did not shoot
anyone.
The state Public Defender's Office and Ohio Innocence Project at the University
of Cincinnati College of Law have been arguing in Noling's defense for several
years.
Portage County Prosecutor Victor Vigluicci said Noling's attorneys have put up
"an endless string" of delay tactics and "red herrings" in their client's
defense over the years. "We have vowed to continue to fight for the imposition
of the death penalty in this case, and we'll do that as long as it takes," he
said.
Noling was indicted for the Hartigs' murder in 1992, while he was serving a
prison sentence at the Southern Correctional Institution for burglary. His
initial trial date in 1993 was postponed and he was not convicted until 3 years
later. He has filed repeated appeals and seen several execution dates come and
go.
Numerous factors appear to aid Noling's defense.
Noling's 3 alleged accomplices, Joey Dalesandro, Gary St. Clair and Butch
Wolcott, were identified as suspects by the Portage County Sheriff's Office
early on in the case. Called to testify against Noling, they have all since
recanted their statements that Noling shot the Hartigs, or got on the witness
stand and denied that he did so.
St. Clair, now 46, continues to serve a sentence of 20 years to life in prison
for aggravated murder in the Hartig case. He testified for the prosecution at
Noling's 1996 trial, and dropped a bombshell: Neither he, nor Noling, were at
the Hartigs on the day of their murder. Noling was convicted despite that
testimony.
Dalesandro was convicted of related charges, served 11 years in prison and was
released in 2003. Wolcott, who was 15 at the time of the murders, received
immunity for his testimony.
Both have told other media outlets they were fed a story by investigators and
coerced into repeating it in court.
Noling has long sought DNA testing on a cigarette butt found near the Hartig
residence. Earlier testing excluded Noling and his co-defendants as sources of
DNA on the cigarette butt.
In 2013, the Ohio Supreme Court recommended new testing on the cigarette.
Portage County Common Pleas Judge John Enlow ordered the cigarette butt
re-tested for DNA following a December 2013 court hearing, but it did not
return any hits in the state DNA database, according to Vigluicci and court
records.
Noling's attorneys sought DNA testing on other items, including shell casings
and some of the victims' property, in the hopes it might point to different
suspects. No testimony was ever given that Noling was in the Hartigs' bedroom,
but jewelry boxes from there were seized as evidence by investigators.
Part of the state's argument against further scientific testing is that the
Ohio Bureau of Criminal Investigation "determined those items were so
contaminated, back in 1990 when this crime occurred, when the case was
investigated" that there is little chance any DNA from a suspect would remain
on them, Vigluicci said.
DNA testing was "practically unknown" in 1990, and "the protocols for handling
evidence were not the ones we have now," he said. "Sterile gloves were not
used, items were placed in the same (evidence) bag. They are not able to be
tested for DNA because of that, were contaminated by officers holding them, and
writing on them."
Noling's attorneys countered that they wished to have a private lab test the
items for DNA, because the Ohio BCI did not have all the necessary equipment to
do so, according to court records.
Vigluicci said former Portage County Common Pleas Judge John Enlow denied
Noling's application for further DNA testing last year. Noling's attorneys
appealed the ruling to the 11th District Court of Appeals in Warren as well as
the Ohio Supreme Court.
He said he expects the Supreme Court "will probably end up taking a look at"
the appeal, as appeals in death penalty cases go directly to the high court, he
said.
In addition, the murder weapon has never been recovered. A handgun of the same
caliber seized from Noling, one he stole during a previous robbery in Alliance,
turned out not to have been used to shoot the Hartigs.
A phone message seeking comment on the case was left for Noling's public
defender.
A witness, Nathan Chesley, came forward for a second time several years ago
claiming his foster brother, Daniel E. Wilson, admitted to him that he
committed the Hartig murders.
Wilson, a 20-year-old Rootstown High School graduate, was living in nearby
Edinburg at the time, and allegedly threatened to harm Chesley if he told
anyone what Wilson allegedly said one night while intoxicated.
Chesley reported the statement to Southeast school officials, who called the
Portage County Sheriff's Office. However, it is not clear if the tip was ever
followed up.
Convicted of involuntary manslaughter in the 1984 death of an 81-year-old
Elyria man during an attempted robbery, Wilson later was convicted of
aggravated murder for locking Carol Lutz, 24, alive in her car trunk, then
setting it on fire after she drove him home from a bar in Lorain County on May
4, 1991. Wilson was executed by lethal injection in June 2009.
Another potential suspect was Bearnhardt Hartig's insurance agent, Lewis
Lehman. Hartig allegedly told his doctor he was angry Lehman had defaulted on a
$10,000 personal loan the couple gave him, and was planning to confront him.
Lehman, who at one point had owned a .25-caliber handgun but claimed he had
sold it to an "unknown individual," died in 1998, according to a September 2003
article on Noling's case in Cleveland Scene magazine.
(source: The Alliance Review)
***************
Death penalty should not apply to the seriously mentally ill: editorial
Legislation introduced by Ohio State Sens. Bill Seitz, a Cincinnati Republican,
and Sandra Williams, a Cleveland Democrat, would prohibit the state from
executing murderers determined to have been seriously mentally ill when they
committed their crimes.
Under Senate Bill 162, someone who was "significantly impaired" by such
illnesses as schizophrenia or bipolar disorder, and as a result unable to
understand what he or she was doing or to obey the law, could not be put to
death.
That would be the case even for defendants deemed competent to stand trial and
those ruled unable to pursue a defense of not guilty by reason of insanity.
Those already convicted and on death row would have one year to appeal their
sentences after the law went into effect.
The proposal, which was among 50 recommendations made last year by an Ohio
Supreme Court task force on the death penalty, deserves serious consideration.
Mental illness is not something people choose, and if it is found to have
contributed to their actions -- no matter how heinous they may have been -- it
would be unconscionably callous to make them pay the ultimate penalty.
Other sentences can meet the state's burden of protecting the public from
further harm, up to and including a sentence of life in prison without parole.
To pursue the death penalty, a prosecutor would have to prove that a defendant
claiming a serious mental illness was not suffering from it when the crime was
committed, or that the illness did not contribute to the crime.
A disorder brought on "primarily by repeated criminal conduct or attributable
solely to the acute effects of voluntary use of alcohol or any other drug of
abuse" would not make a defendant ineligible for the death penalty.
It's the position of the editorial board that the death penalty should be
abolished altogether for several reasons, including its inconsistent
application, the financial cost to the taxpayer, the potential for cruel and
unusual punishment in carrying out the execution, and a belief that it is
morally wrong to take a life in such a fashion.
But as long as the death penalty remains on Ohio's books, the provisions of SB
162 would be a step toward guaranteeing that justice is served more fairly and
humanely.
(source: Editorial; Editorials express the view of the editorial board of The
Plain Dealer and Northeast Ohio Media Group)
****************
'Victory' of death penalty for wife's killer gone, man says
There was no doubt in Joe Byrne's mind that David Brewer should be put to death
for killing Byrne's wife.
"There simply was no alternative to death for David Brewer," Byrne said minutes
after Brewer's execution on April 29, 2003.
Today, 12 years later, Byrne says the thrill of "victory" he felt that day is
long gone, replaced by ambiguity about capital punishment.
"I felt like I'd won something," he said of witnessing the death of his former
fraternity buddy. "But the death penalty is not all it's cracked up to be."
Byrne, who now lives in New Jersey, returned to Ohio to speak at a "Voices of
Experience" anti-death penalty event on Tuesday in Cincinnati, along with
former Ohio prisons Director Terry Collins, exonerated death row inmate Derrick
Jamison and retired Montgomery County Appeals Court Judge James A. Brogan.
Byrne said in a Tuesday interview with The Dispatch that he still believes in
capital punishment, but the "justice system is a mess," and not enough is done
for crime victim survivors.
"I was very disappointed afterward," he said of witnessing Brewer's execution.
"I did not feel like I thought I would. I continued to feel very angry. I had
let the death-penalty process consume me."
Byrne watched from a nearby witness room on April 29, 2003, when Brewer was
executed at the Southern Ohio Correctional Facility near Lucasville for
murdering Sherry Renee Byrne. Court records show that on March 21, 1985, Brewer
abducted the 21-year-old wife of Byrne, sexually assaulted her, threw her in
the trunk of his car and drove around southwestern Ohio for 8 hours before
strangling, hanging and stabbing her to death on a rural Greene County road.
The morning of the execution, Byrne sat with his late wife's family members and
then-Greene County Prosecutor Bill Schenck in a waiting room at the prison.
Byrne had headphones on, listening to Bruce Springsteen's Thunder Road on a
portable CD player. It was his slain wife's favorite song.
Later, he angrily watched as Brewer died, never having apologized for taking
the life of a young wife.
"Where's the remorse?" Byrne said quietly from his seat behind a large window,
a few feet from Brewer.
2 days after the execution, Byrne remembered being back home in New Jersey
watching his son from his second marriage at a Special Olympics event.
"I felt so sad. I couldn't stop crying," he said. "I didn't understand, because
I thought I had got everything I wanted" with Brewer's execution.
Since then, Byrne has come to grips with the sadness and anger, acknowledging
that the feelings will never go away.
"In theory, I believe in the death penalty, but not the way it's operating in
Ohio," he said. "I would not want other victims to go through what I went
through."
House Bill 663, legislation approved last fall to permit the state to secretly
buy drugs for executions, also contained a provision to create a joint
House-Senate 6-member committee to "study the manner in which families of
homicide victims in this state can best be supported by government programs,
social service entities, and charitable organizations." The House just named
its 3 members, but no Senate appointments have been made.
(source: Columbus Dispatch)
INDIANA:
Paula Cooper, once youngest Indiana death row inmate, found dead
----
May 15, 1985: The body of Ruth Pelke, a 78-year-old Bible teacher, is
discovered in her Gary home by a stepson. Pelke had been stabbed 33 times, and
her home had been ransacked.
May 16, 1985: Paula Cooper, then 15, and 3 other teenage Gary girls are
arrested and charged with slaying Pelke. Cooper, Karen Corder, 16; April
Beverly, 15, and Denise Thomas, 14, are said to have gone to Pelke's home under
the pretense of seeking information about her summer Bible classes. The girls
also took $10 from Pelke and fled the scene in her car. Lake County Prosecutor
Jack Crawford says he will seek the death penalty in the case.
April 21, 1986: Cooper pleads guilty to the murder of Pelke. Authorities say
Cooper orchestrated the crime and stabbed Pelke 33 times.
July 11, 1986: Lake County Court Judge James Kimbrough sentences Paula Cooper
to death, making her the youngest person in Indiana history to receive the
death sentence. No execution date is set because death penalty cases are
automatically appealed.
Feb. 21, 1987: William Touchette, a lawyer for Cooper, says he has written to
Pope John Paul II, asking him to write a letter to Gov. Robert D. Orr in an
effort to have Cooper's sentence commuted.
May 9, 1987: Ruth Pelke's grandson, William R. Pelke, says he has forgiven
Paula Cooper. He writes to Gov. Robert D.Orr, asking him to reduce the
sentence, and begins a crusade to spare Cooper from execution.
June 20, 1987: The Rev. Vito Bracone, an Italian priest who organized a massive
petition drive in support of Paula Cooper, meets with her and says he will ask
the governor to spare her life.
March 2, 1989: The Indiana Supreme Court hears oral arguments in the Paula
Cooper case. Amnesty International had filed a friend-of-the-court brief in
support of Cooper. July 13, 1989: The Indiana Supreme Court rules Cooper cannot
be executed and orders her sentence reduced to 60 years in prison.
On May 11, 2001, 17 female prisoners including Paula Cooper line up in the
hallway with bars on the windows at the Indiana Women's Prison as they prepare
to be graduated from college.
May 11, 2001: Paula Cooper receives a bachelor's degree in humanities from
Martin University.
On June 17, 2013, Cooper was released from the Rockville Correctional Institute
after earning credits for an early release.
----------
A woman who was once the youngest Indiana Death Row inmate was found dead
Tuesday morning in Indianapolis, police said.
The campaign to save the life of Paula Cooper, who at 16 became the youngest
death row inmate in Indiana, attracted international attention after she
pleaded guilty to murder in 1986.
Her successful appeal eventually led to her June 2013 release after serving 27
years in prison.
But on Tuesday, Cooper's story came to a somber end in Indianapolis. Police say
she was found dead, apparently by her own hand.
Cooper, 45, died just after 7:15 a.m. from a self-inflicted gunshot wound to
the head in the 9500 block of Angola Court, according to Indianapolis
Metropolitan Police. Her death is still under investigation, and the Marion
County coroner's office says it expects to conduct an autopsy Wednesday.
"It's an unusual ending to a tragic case," said Indianapolis attorney Jack
Crawford, who was the Lake County prosecutor when Cooper was charged. "I've
been involved in a lot of cases in my life, and nothing compared to this case."
Cooper became infamous in 1985 when at 15 she was charged with murder in the
stabbing of 78-year-old Ruth Pelke during a robbery. Law enforcement identified
Cooper as the ringleader in the slaying. She and three friends went to Pelke's
Gary home armed with a 12-inch butcher knife.
An investigation showed Pelke allowed the teens into her home after they said
they were interested in Bible study lessons. But the scene turned grisly when
they knocked Pelke to the ground and Cooper climbed on top of her.
"Paula Cooper got on top of her and kept saying to her, and this is her own
admission, 'Where's the money, bitch?'" Crawford told The Indianapolis Star
during a 2013 interview. He said Cooper began slicing Pelke with the butcher
knife. The woman's last words were the Lord's Prayer.
The other teens involved were sentenced to lengthy prison terms on robbery or
murder charges: 25, 35 and 60 years. But when Cooper was sentenced, the judge
invoked capital punishment.
The decision led to an immediate shift in public outrage. Cooper was among only
a handful of women in Indiana to receive the death penalty, and she was the
youngest in the state's history. At the time of her sentencing, she was also
the youngest death row inmate in the United States.
The 30th anniversary of the murder was just 2 weeks ago.
Bill Pelke, a grandson of the slain Bible teacher, told The Star on Tuesday
that he forgave Cooper, who said she had been abused as a child. He said he
visited her in prison 14 times. They exchanged emails almost weekly the last 2
years of her incarceration.
In one of their last messages, Cooper told Pelke her time in prison was about
up and she was scared. She had spent most of her life incarcerated. She had
never written a check or paid a bill.
There was so much, Pelke said, that she didn't know how to do.
He offered to help. But the 2 talked only once after she was released.
Pelke said he was devastated to hear of Cooper's death.
"We had wanted to do things together around restorative justice and the death
penalty," he said. She wanted to be an example for other young people who have
been abused.
"She wanted to tell them, 'Look, this is how I responded to the hate and anger,
and look at all the trouble I got into,'" he said. "She wanted to give them
alternatives so they didn't end up like her."
Cooper's pursuit of an appeal made her world renowned. According to the Indiana
Historical Society, the Indiana Supreme Court received 2 million signatures in
support of her appeal. Pope John Paul II sent an emissary to Crawford's office
and wrote an appeal to then-Gov. Robert Orr. The United Nations received a
million signatures in support of overturning Cooper's death penalty.
2 years after Cooper's sentencing, the U.S. Supreme Court, which was already
considering the issue of imposing death sentences on teens, ruled it was
unconstitutional to execute anyone who was younger than 16 at the time the
person committed a crime. Indiana lawmakers later raised the minimum age from
10 to 16 in 1989 and again to 18 in 2002.
"A lot of things have changed," Crawford said. "It was a truly unique case."
The Indiana Supreme Court commuted Cooper's death sentence and sent her to
prison for 60 years. She served 27 years of that sentence until her 2013
release.
Kevin Relphorde, who served as Cooper's public defender, said Tuesday he was
stunned by the news. He said he hadn't spoken to Cooper in years and had lost
track of her.
"Paula was a good person," he said. "She was very misunderstood. She went
through a lot at the hands of her father, with physical abuse, and I think that
led to the situation with Mrs. Pelke."
Her time at the Rockville Correctional Facility began with troubles. In 1995,
she was sentenced to three years of solitary confinement for assaulting a
prison guard.
"I was very bitter and angry, so I was in a lot of trouble. I hated it. But I
learned to adapt eventually," she said in a 2004 interview with The Star.
Cooper soon began pursuing educational opportunities, first earning her GED,
then a vocational degree, and in 2001 a bachelor's degree. Beginning in 2011,
she worked as a tutor.
"She couldn't deal with the outside world," speculated Warren W. Lewis, a
retired dean and professor at Martin University who taught Cooper at the
Indiana Women's Prison.
"I knew her well, and I loved her," Lewis said Tuesday. "She was practically a
child, and she shouldn't have been treated like an adult."
Lewis said he taught Cooper and other female inmates a college-level
Introduction to Philosophy class. He had not had any contact with her for
several years.
"My goal," he said, "was to work up to a level of trust to ask, 'Why are you in
this prison?'"
When he reached that point with Cooper, Lewis said, the young prisoner told him
no one had ever asked her that question.
"I really don't know why I did that" was the best she could offer in regard to
her role in the killing.
Like a lot of prisoners, Cooper had difficulty connecting the cause and effect
of crime -- "there's a disconnect," Lewis said.
Lewis said he took her death as a personal failure.
"My question," he said, "is what happened to her once she got out?"
It's unclear how Cooper was spending her time since she was released. Rhonda
Labroi, her sister, declined to comment about Cooper's death Tuesday.
"It's just amazing that after all those years of incarceration that she would
be released and then something like this would happen," said Relphorde, who
added that Cooper was remorseful about the killing. "She was willing to pay her
debt to society."
(source: Indianapolis Star)
KENTUCKY:
Ricky Kelly to face death penalty
One of Louisville's most notorious accused killers will face the death penalty.
Ricky Kelly is charged with capital murder in connection to the Aug. 2005
shooting death of Lajuante "B.B." Jackson.
The Commonwealth announced 2 new prosecutors will present the case, which is
set to go to trial on April 15, 2016.
Prosecutors believe Jackson's death is a murder for hire case.
Kelly originally faced 8 counts of murder at the state level after
investigators claimed he killed several people during a 10 year period from
1996 to 2006, including victims Gail Duncan Deron Cole, and John Sanders all in
1996; Charles Lewis and Blair Kidwell in 1998; Craig Jones and Jackson in 2005;
and Warren King in 2006.
On March 25, 2011 those charges were dismissed in Jefferson Circuit Court so
Kelly could be tried for Jackson's murder in a federal court. However, on Aug.
11, 2014 federal prosecutors filed a motion to dismiss their case against Kelly
and sent his case back to state court.
(source: WAVE news)
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