Louisiana, S, 1905-1993, Undated

r

SANFORD, Edward, black, electrocuted Baton Rouge, che Dec, l, 1950.

"RXECUTION DATE SET FOR SANFORD: $0! ATTEMPT APPRAL, - The date for the
execution of Edward Sanford, Negro convicted of the rape of a white girl
her, was set by the governor yesterday for Dec. 1. Meanwhile, Sanford's
attorney, B. B. Croom, said today he planned to file the necessary papers
'right away' with the state supreme court requesting he be allowed to
appeal Sanford's case to the U. S. Supreme Court. Yesterday afternoon
Sanford showed no emotion when word was brought to him of the execution
date by Sheriff Bryan Clemmons, It was shortly after 5 o'clock in the
afternoon when the sheriff entered the narrow corridor leading to Sanford's
cell in the parish jail, He carried in one hand the death warrant, bear-
ing the seal of the State of Louisiana and she signature of Gov. Long.
'T, Farl K, Long, governor of the State of Louisiana, do hereby direct
ad require you, the sheriff of the parish of East Batbnn Rouge, to cause
execution to be done on the body of the said Edward Sanford by electro-
ecution,' the warrant read, ‘That is, causing to pass through the body
of the said Fdward Sanford a current of electricity of sufficient in-
tensity to cause death,' Sanford was at the door of his cell as the
sheriff approached, 'It's my duty to tell you that the sovernor has
set the date ofyour electrocution for the first of December,' Clemmons
said, 'Between the hours of 12 sand 3 o'clock on the afternoon of De-
cember 1,' There was a lone pause, ‘When was that?! the prisoner
asked, There was another nause, Sanford rubbed one finger egsinst his
chin, ‘Is that next month?! he asked, ‘Today is the last of October,'
Clemmons replied, Sanford nodded slightly. 'Thank you, sir,' he said,"
STATE-ITEM, Baton Rouge, La., Nov. 1, 1950¢

"RAPIST IS ELECTROCUTED IN PARISH JAIL. - By Charles Hinch. - A single,
minute-long charge of electricity ended the life of Edward Sanford at

12:18 p.m. today. Thebig, rawbonedNegro, convicted of the rape of a

white girl in the fall of 1949, walked down the corridor of the parish jail
quietly and offered no trouble as he was strapped into the state's elec-
tric chair. His last words were, 'I'm not guilty of tats by myself,'

The last words addressed to him were, 'Goodbye, Edward. They were spo=
ken by the state's executioner as he, standing beside sutere and wearing
a big cowboy hat, jerked down the switch. The chair was connected to a

huge cable that extendedout a jailwindow to a generator sitting on the
rear of a truck in the courthoue's parking lot on the east side. A small
crowd “A bnexsea the execution itself and an even larger one stood outside
around the truek. Prior to the execution, Sanford with several Negro
and two white pastors could be heard praying in the condemned man's cell,
Oecasionally the low singing of a Negro spiritual was heard. Senford was
led out of his cell by sheriff's deputies Thomas Walsh and Boatner Young
at 12:09, At 12:15 he was manacled into the chair,a minute laterthe switch
was pulled and three minutes later he was pronounced dead by Dr. J. W,
Watson, varish coroner, His body was removed by ambulance driversto the
Gilbert funersl home, Burial will be in New Orleans, Sheriffs! deputies
said, It was in New Orleans, inside » shack by the industrial canal
that Sanford was captured by city and state police at 2:30 a.m. on Oct,
22, 1919, In midsummer of thet year ayoung,Baton Rouge white cirl re-
ported to police that while she and her 'boy friend! were parked on an
unpaved road nesr the LSU quail farm a large Nesro came up to their car,
fired a shot into the windshield, then proceeded to rob them, He attacked her,
she said, outside the car while he held e gun on her companion . The de-
scription furnished by the girl tallied with that of Sanford, who had a
police record, and he was eventually traced to New Orleans where he had
relatives. Officers said he was a native of Deerford, His age has been
listed at various times as 1:7, 6, and lh. A sheriff's deputy said today
that Sanford talked to his wife over the telephone last night for about 10

minutes. He told her that 'he would meet her in heaven.' His last meal,
in which he was given wh
8t he reou3

in which he was given what he requested,
biscuits, ice cream and cake and a salad, he
STATE-ITHM, Baton Rouge, Las, Decembe er l, 1950.

~

\

included erect chicken, hot

J
\
i
r
{
io
i 7 4
° @
f f A
r ¥ olen ae
<
'
| nN
-!
-! oli
~ r] ¢
°
! “nN
e
1 rt
¢
~o4 yea
° - a
rr
i
\
{ rr
‘ bp
prey
r
Ss J
r
{
f '
r
a ‘
rer : a
; r
rt wed
6
§ tir
- c
*
of -
por c
’ g
~ a
rt
~“ F
; r
r
[
cic’ {

Rec. 1/23/'90 from Linda LaBranche 855 Government St., Baton Rouge

SAULS, Robert Lee, black, elec. Lake Charles, La., on June 10, 195599

20. Robert Lee Sauls, @lectrocuted 6/10/55. Twice tried and
convicted of the G/2/53 slaying of 63-year-old Deputy Sheriff
Albert Bel ¢Ab) Goos, whe was alse a member of a prominent
pioneer family of Calcasieu parish. Goos was shot in a field
near his hame when he went to investigate the possibility of
cattle rustling activities after his gon told him there was a
Negre in a car parked in the field. Sauls cenfessed to shooting
Geos but maintained, in his statement, that he had shot in sel f-
defense when Goos moved as if he were going to fire the rifle he
held on him. Crime was black-on-white ¢Lake Charles American
Fress 6/10/55). This execution, unlike others, is described in
lengthy, vivid, minute detail--down to the straps being buckled
across the chest and the electrodes being strapped on each leg.
The front-page story also is accompanied by three pheatgqraphs of
Sauls: 1) putting on his new "death" suit, 29 shaking hands with
execution witnesses, 3S) his black-shrouded body being put inte
the hearse.


SRULS, Robert Lee,black, 31, elec. Lake Charles, Lle., 6-10-1955

Caleasiew Parish Libuavs
3 ig Cyne At

Sake Charles, La. 706065

bay 74-) 358

a

es ERE PPS PTH
oe a 4 .
a

)ESELVE|

| | DEC . 6 1985


Cowrt - | /
” ; 2 “ DA
GecenA© Lea. LL. lc

; a: — : ,
Bi | S4cV EK, Mb oY Whar

812;

<2. ttpe i

Robert Wayne SAWYER, «-..}::
} eae Petitioner-Appellant,

_, We

‘John: WHITLEY, Warden, Louisiana
State Penitentiary, Respondent- .
. Appellee:

No. 91-3658.

United States Court of Appeals,
Fifth Circuit.

Oct. 10, 1991.

Petitioner filed first petition for writ of
habeas corpus in federal court after he was
convicted of capital murder and the Louisi-
ana Supreme Court, 442 So.2d 1136, af-
firmed. The United States District Court
for the Eastern District. of Louisiana, Hen-
ry A. Mentz, Jr.,- J., denied petition and
appeal was. taken.. The Court of Appeals,
848 F.2d 582; affirmed. On grant of re-
hearing en banc, the Court of Appeals, 881
F.2d 1273, affirmed. Certiorari was grant-
ed. The United States Supreme Court, 110
S.Ct. 2822, affirmed. .Thereafter, second
petition for federal habeas ‘corpus relief
was filed. The District Court, 772 F.Supp.

297, denied relief, and petitioner applied for -

certificate of probable cause. The Court of
Appeals, King, Circuit Judge, held that: (1)
in order to demonstrate actual innocence to
permit court to consider merits of abusive
claims that fail cause and prejudice require-
ment, as well as successive claim, petition-
er must demonstrate, under all evidence
that was and arguably could have been
presented, that jury would not have been
authorized to sentence him to death, and (2)
petitioner failed to demonstrate actual in-
nocence.

Affirmed.

| 2 Af — Dn 4 14/41 St US
# ; A alted Saw Ff.

nls CxecHa,

Lf

945 FEDERAL REPORTER, 2d SERIES

: 1, Habeas Corps @=898(2)

- «When habeas petitioner raises claim
that federal court has already considered in
previous habeas corpus petition, federa]
court may review merits of successive
claim only when prisoner supplements his
constitutional claim with colorable showing
of factual . innocence. 28 =US.C.A.
§ 2244(b); Rules Governing § 2254 Cases,
Rule 9(b), 28 U.S.C.A. foll. § 2254.

2. Habeas Corpus €=898(2)

If habeas petitioner raises new claim in
second or successive habeas petition, feder-
al.court may review that claim on merits
only if petitioner’s failure to raise claim in
prior petition was not due to inexcusable
neglect. Rules Governing § 2254 Cases,
Rule 9(b), 28 U.S.C.A. foll. § 2254.

3. Habeas Corpus e899

State bears burden of pleading abuse
of writ of habeas corpus; once state has
met its burden of pleading, petitioner must
disprove that he has abused writ by show-
ing cause for failure to bring claim in first
federal habeas petition,: and: actual preju-
dice that results from errors that gave rise
to-elaim::::1:) 3. chiievaskh oe eer 4.

4. Habeas, Corpus ¢=898(2) > Hake a

In order to demonstrate cause for fail-
ure to bring: claim in first. federal habeas
petition, petitioner must.show that failure
to raise claim was due to some objective
external factors such as interference by
officials.

5. Habeas Corpus ¢=898(2)

If federal habeas petitioner cannot
show cause for failure to raise claim in
first petition, failure may nonetheless be
excused if he can show that fundamental
miscarriage of justice would result from
failure to entertain claim in subsequent
petition through conviction of one who is

actually innocent.

CAéaze Wwilf
<n S77.

sonable doub
which are pr

Criminal
Under L

imposed dea
905.3, 905.5%


814

Sarah L. Ottinger, Nicholas T. Trenticos-
ta, R. Neal Walker, New Orleans, La., for
Robert W. Sawyer.

Dorothy Ann Pendergast, Terry M. -Bou-
dreaux, Asst. Dist. Atty., Gretna, La., An-
nette Marie Viator, La. Dept. of Corr., Ba-
ton Rouge, La., for John P. Whitley.

Dana E. Parker, William ©. Zapalac,
Asst. Attys. Gen., Austin, Tex., for amicus
State of Tex. |

Appeal from the United States District
Court for the Eastern District of Louisiana.

Before KING, DAVIS and SMITH,
Circuit Judges.

KING, Circuit Judge: :

After granting Robert Sawyer a certifi-
cate of probable cause and a stay of execu-
tion, we review the merits of. his second
federal habeas petition. Sawyer presents
one successive claim and two abusive
claims in this second petition.1’- He repeats
the claim that his counsel was ineffective in
failing to present at the sentencing phase
of his capital murder trial evidencé of his
mental impairment. We dismiss this suc-
cessive claim because Sawyer fails to show
that he is “actually innocent” of the death
penalty. Sawyer contends for’ the first
time in his second petition (1) that he was
incompetent to stand trial and (2) that the
State withheld vital exculpatory evidence
against him. We also dismiss these abu-
sive claims because we find that Sawyer
neither establishes cause and prejudice nor
shows that he is actually innocent of his
conviction or sentence. We affirm the dis-
trict court’s. judgment dismissing Sawyer’s.

1. Sawyer presented three additional claims chal-
lenging the constitutionality of death by electro-
cution in Louisiana’s electric chair in his appli-
cation for a certificate of probable cause. On
July 2, 1991, however, the Louisiana legislature
amended its statute to require that every sen-

tence of death executed on or after September ©

15, 1991, be by lethal injection. This change of
law rendered these three claims moot.

945 FEDERAL.REPORTER, 2d SERIES

request for habeas corpus relief and vacate
his stay of execution.

I. BACKGROUND

A Louisiana state jury condemned Rob-
ert Sawyer to death in 1980 for the murder
of Frances Arwood,? who was staying with
Sawyer and Cynthia Shano, Sawyer’s fian-
cee, and was helping to care for Shano’s
children. After a night of drinking, Saw-
yer and Shano returned to their home with
an acquaintance, Charles Lane. Sawyer
argued with Arwood and accused her of
giving pills to one of Shano’s children. The
argument escalated to violence. Sawyer
and- Lane beat Arwood, scalded her with
boiling water, and finally burned her scald-
ed and unconscious body with lighter fluid.*
She died several weeks later as a result of
this vicious attack. -

A state trial court convicted Sawyer of
capital murder, and the Louisiana Supreme
Court affirmed Sawyer’s conviction and
sentence on direct appeal. See State v.
Sawyer, 422 So.2d 95 (La.1982). The Unit-
ed States Supreme Court vacated and re-
manded to the Louisiana Supreme. Court
for consideration of the sentence under

- Zant v. Stephens, 462 U.S. 862, 103 S.Ct.

2138, 17 L.Ed.2d 235 (1983). See Sawyer v.
Louisiana, 463 U.S. 1223, 103 S.Ct. 3567,
77 L.Ed.2d.1407 (1983).. On remand, the
Louisiana Supreme Court again affirmed
the conviction and sentence. See State v.
Sawyer, 442 So.2d 1136 (La.1983). Sawyer
filed a petition for state post-conviction re-
view, and after an evidentiary hearing, the
state trial court denied relief. Sawyer then
sought a writ of habeas corpus in the Loui-
siana Supreme Court, which denied his ap-

2. The details of Sawyer’s horrifying crime have
been recounted a number of times. See, 8:
Sawyer v. State, 442 So.2d 1136, 1136-37 (La.

1983).

3. Lane also was convicted of first degree mur-
der in a separate trial, but he received a sen-
tence of life. See State v. Lane, 414 So.2d 1223

(La.1982).

. plication
Sawyer v.

In 1986,
federal he
teen claims
of counsel
on the me
court affi
Sawyer v.
1988).4
banc and
Sawyer v.
1989) (en
——, 110
The Unite
firmed.> §
—, 110
~ (1990).

Sawyer
conviction
the state
yer’s applic
merit. The
nied Sawyé
opinion on

M2 On Octol
second petit
relief. The
execution,
hearing, rejq
the merits
barred undd
erning Sectit
The district
execution a
ble.cause to
court for. a

22 AR A ERTS ES NY —

pf Prejudice r
cutorial misd


claim
2red in
‘ederal
essive
its his
1owing
S.C.A.
Cases,

aim in
, feder-
merits
laim in
cusable

Cases,

i st
] preju-
ave rise

for fail-
habeas
; failure
ibjective
ence by

cannot
claim in
eless be
lamental
it from
sequent
» who is

“SAWYER ¥. WHITLEY | 813
Cite as 945 F.2d 812 (5th Cir. 1991)

6.- Habeas Corpus €>897, 898(2)

To support claim of actual innocence in
order to trigger federal court’s authority to
consider merits of abusive claims that fail
cause and prejudice requirement, as well as

successive claims, habeas petitioner must

show, based on evidence proffered plus all
record evidence, fair probability that ration-
al trier of fact would have entertained rea-
sonable doubt as to existence of those facts
which are prerequisites under state or fed-
eral law for. imposition of death penalty;
that is, petitioner is not actually innocent of
death penalty unless he demonstrates; un-
der all evidence that was and arguably
should have been presented, that jury
would not have been authorized to sentence
him to death.

7. Criminal Law ¢>1208,1(5)

Under Louisiana death penalty statute,

; rational juror conceivably could choose to
- give no weight to any of mitigating factors
andi impose death penalty so long as it has
- found, beyond reasonable doubt, existence
- of single aggravating circumstance. _LSA-
» C.Cr.P. arts. 905.3, 905.5(e). -

8. Habeas Corpus =898(2) ©

In applying actual i innocence exception. |

which would enable federal habeas court to
onsider claim not raised in earlier petition,

- where. Louisiana death sentence’ applied,
E federal habeas court must ask whether fair
robability exists, in light of evidence ten-

ered to court on second habeas review,
hen examined in ‘conjunction with: all

' record evidence, that rational trier of fact

would entertain reasonable doubt as to ex-
istence of each and every aggravating cir-

cumstance found by jury when it originally:
imposed death penalty. LSA-C.Cr.P. arts.

905.3, 905.5(e).

9. Habeas Corpus ¢=897

Habeas petitioner’s claim for second
tine i in second habeas petition that he was
denied effective assistance of counsel dur-
ing sentencing phase in capital murder trial
was successive; under Louisiana law, miti-

gation evidence, which’ attorney allegedly
failed to present, without more, did not
suffice to demonstrate that petitioner was
actually innocent of death penalty.. LSA-
C.Cr.P.. arts. - 905.3, 905.5(e); U.S.C.A.
Const.Amend. 6.

10. Habeas Corpus €>898(2)

Federal habeas court could not consid-
er petitioner’s alleged incompetency to
stand trial on charges of murder as equiva-
lent to being actually innocent of his con-
viction and death. sentence thus excusing
petitioner’s failure to show cause for not
raising claim that he was incompetent to
stand trial in his first habeas petition; peti-
tioner did not argue that he: was actually
innocent of murder or of any of facts which
led jury to find two valid statutory aggra-
vating circumstances in imposing death

penalty.

11. Habeas Corpus €=898(3)

_ Habeas. _ petitioner failed to demon-
strate that he could not have obtained, by
reasonable means, sufficient basis to allege
claim that state hid exculpatory evidence in-
capital murder trial i in first habeas petition
and thus issue could: not. be. considered on .

“second habeas. petition;. state opened its

files to petitioner’s. counsel when he. filed F
his first habeas petition.

12, Habeas Corpus ¢480 ve

Habeas petitioner’s claim in second pe-.
tition that state hid exculpatory evidence in
capital murder trial did not raise fair proba-
bility that rational trier of fact would have
entertained reasonable doubt as to whether.
to sentence. petitioner to. death; though
some of exculpatory: evidence: might impli-
cate jury’s finding of aggravated arson, it
would not lead rational trier of fact to
entertain reasonable doubt as to jury find-
ing that murder was committed in espe-
cially heinous, atrocious and cruel manner
as jury could have looked to circumstances
surrounding murder other than those giv-
ing rise to arson.


ned Rob-
.e murder
ying with
rer’s fian-
r Shano’s
ing, Saw-
1ome with
Sawyer
2d her of
lren. The
Sawyer
her with
her scald-
iter fluid.*
. result of

Sawyer of
1 Supreme
ction and
, fe v.
aav -Unit-
xd and re-
me_ Court
ace under
103 S.Ct.
Sawyer v.
3.Ct. 3567,
mand, the
1 affirmed
re State v.
). Sawyer
iviction re-
saring, the
iwyer then
n the Loul-
ied his ap-

‘ crime have
s. See, €8
136-37 (La.

degree mur-
eived a sen-
+ So.2d 1223

- ia as anal oy °
SET IN RORY RECON PNR PEERS: 2 ;

_ conviction petition.

°° SeWHER'S: WiITLEY
Cite as 945 F.2d 812 (5th Cir. 1991)

plication without’ written ‘opinion. “See

Sawyer v. Maggio, 479 So.3d 360 (La.1985).

In 1986, Sawyer filed his first petition for
federal habeas corpus relief, raising eigh-
teen claims, including ineffective assistance
of counsel, all of which the court addressed
on the merits and denied. A panel of this
court affirmed that denial on appeal. See
Sawyer v. Butler, 848 F.2d 582 (5th Cir.
1988).4 We. then granted rehearing en
banc and upheld the panel’s. opinion. _ See
Sawyer v. Butler, 881 F.2d °1273. (5th. Cir.
1989) (en. banc ), cert. granted, —~ U.S.
——, 110 S.Ct. 835, 107: L.Ed.2d 830 (1990).
The United: States. Supreme Court af-
firmed.5 See Sawyer: v.' Smith, — US.
——, 110 S.Ct. 2822, 111° L.Ed.2d 193
(1990): of Damrey orl re

Sawyer next filed a second state post-
On October 5, 1990,
the state trial court summarily denied Saw-
yer’s application as repetitive and, without

- merit. The Louisiana, Supreme Court de-

nied Sawyer’s supervisory~ writ without.

opinion on October. 7, 1990.

On October 8, 1990, Sawyer filed” his

» Second petition for federal habeas corpus

relief. The district court granted a stay of

f execution, and, following: an evidentiary
F hearing, rejected one of Sawyer’s claims on
-the merits and the remaining claims as"

barred under Rule 9(b) of the Rules Gov-
erning Section 2254 Cases, 772 F.Supp. 297.
The district court also vacated its stay of
execution and denied a certificate of proba-
ble cause to appeal. Sawyer applied to this.
court for. a certificate of probable cause.

4, ‘On appeal, Sawyer raised only three chal-

_ lenges to his conviction and sentence: 1) wheth-
. er he was denied effective assistance of counsel;:
2) whether he.was denied due process because.
“ the trial court failed to comply with a state law
“requiring that counsel assigned in a capital case

must have been admitted to the bar at least five

years; and 3) whether prosecutorial misconduct

‘erroneously misled the jury as to its role in the
‘death penalty determination. In addition, Saw-
"yer challenged the district court’s application of
a prejudice requirement on the claim of prose-
‘cutorial misconduct.

We granted the certificate on the ground
that his case ‘presented a question which is
debatable among jurists of reason and-has
not yet been fully addressed in this circuit:
what it means to be “actually innocent” of
the death penalty in determining whether
to entertain a successive claim or an abu-
sive claim that fails to meet the cause and

prejudice requirement. |

IL ANALYSIS

A. Standard of Review |

[1] Because this is Sawyer’s second fed-
eral habeas petition, we first must deter-
mine: whether we can’ reach the merits of.
his claims. See 28 U.S.C. § 2244(b) (1988);
Rule 9(b) of Rules Governing: Section 2254'
Cases (constraining the- ability of federal
courts: to’ entertain the ‘merits: of subse-
quent or‘successive claims).. When a con-
demned ‘prisoner: presents: successive ' peti-
tions for a writ of habeas corpus, the state
has a legitimate interest in preventing the.
prisoner from abusing the writ and using
Successive petitions'as a meré delaying’ tac-
tic. “If the petitioner raises a’claim that’ a.
federal court: has: already ‘considered’ in: a
previous habeas corpus: petition, we: may-
review the: merits of the successive claim:
only. when: “the prisoner ‘supplements: his:
constitutional claim ‘with a colorable show-.
ing of. factual innocence.”.. K uhlmann: v.s
Wilson, 477.U.S. 436, 454,106 S.Ct. 2616,-
2627, 91 L.Ed.2d 364 (1986) (plurality: opin-
ion); see also McCleskey v. Zant; '— U.S...
ey coors S.Ct. 51454, 1470, 113
L.Ed.2d 517 (1991); Williams v, Lynaugh,
5. The Court considered only whether a peonee :
whose murder coniviction became final’ before
‘the decision in Caldwell ‘vs Mississippi; 472 U.S.
320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985),
which prohibits the imposition of a death sen-
tence where the prosecutor's closing arguments
diminished the jury’s sense of responsibility for
imposing a capital sentence, is entitled: to. use.
that decision to challenge his capital sentence in
a federal habeas corpus action. - The: Court
ruled that he-could not, because Caldwell an-
nounced a new rule and did not come .within

the exception for rules necessary for fundamen-
tal fairness of the criminal proceeding. -


SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

judgment, expressed the view that (1) the Supreme Court’s definition of
“actual innocence” in the capital sentencing context (a) departed from
settled law, (b) imposed a too stringent burden of proof on a federal habeas
corpus petitioner, and (c) incorrectly focused on eligibility for the death
penalty, to the neglect of the central role of mitigating evidence; (2) the
requirements of capital sentencing principles were best met by a “clearly
erroneous” standard for actual innocence; and (3) the accused in the case at
hand had failed to demonstrate that it was more likely than not that his
death sentence was clearly erroneous.

271


Rabe ‘ |

a

U.S. SUPREME COURT REPORTS 120 L Ed 2d

TOTAL CLIENT-SERVICE LIBRARY® REFERENCES

39 Am Jur 2d, Habeas Corpus §§ 17, 53, 62, 66, 114, 152

16 Federal Procedure, L Ed, Habeas Corpus §§ 41:258, 41:334-
41:337

7 Am Jur Trials 477, Homicide; 39 Am Jur Trials 157,
Historical Aspects and Procedural Limitations of Federal
Habeas Corpus; 44 Am Jur Trials 459, Representing Crimi-
nal Defendants at Sentencing Proceedings

L Ed Digest, Habeas Corpus §§ 17, 37, 113, 120
L Ed Index, Capital Offenses and Punishment

Index to Annotations, Habeas Corpus; Presumptions and
Burden of Proof

Auto-Cite®: Cases and annotations referred to herein can be
further researched through the Auto-Cite® computer-as-
sisted research service. Use Auto-Cite to check citations for
form, parallel references, prior and later history, and anno-
tation references.

ANNOTATION REFERENCES

Validity of death penalty, under Federal Constitution, as affected by
procedures relating to consideration of aggravating or mitigating circum-
stances—Supreme Court cases. 111 L Ed 2d ——. :

Requirement, in federal habeas corpus proceeding, of showing of
“cause” and “prejudice” with respect to procedural default in state
criminal proceedings—Supreme Court cases. 91 L Ed 2d 676.

Supreme Court’s views as to what constitutes factual issue under
“clearly erroneous” standard of Federal Rules of Civil Procedure 52(a),
providing that findings of fact shall not be set aside unless clearly
erroneous. 72 L Ed 2d 890.

Abuse of writ as basis for dismissal of state prisoner’s second or
successive petition for federal habeas corpus. 60 ALR Fed 481.

Sufficiency of evidence, for death penalty purposes, to establish statu-
tory aggravating circumstance that murder was convicted in course of
committing, attempting, or fleeing from other offense, and the like—post-
Gregg cases. 67 ALR4th 887.

Sufficiency of evidence, for purposes of death penalty, to establish
statutory aggravating circumstance that murder was heinous, cruel,
depraved, or the like—post-Gregg cases. 63 ALR4th 478.

Comment note.—Mental or emotional condition as diminishing respon-
sibility for crime. 22 ALR3d 1228.

272

U.S. SUPREME COURT REPORTS 120 L Ed 2d

or Louisiana, but that court, in denying relief, barred as successive of
abusive claims to the effect the (1) the accused’s right to the effective
assistance of counsel had allegedly been violated through his counsel’s
failure to introduce at sentencing medical records from the accused’s stay as
a teenager in two mental health institutions; and (2) the police, in violation
of due process, had failed to produce allegedly exculpatory evidence related
to the accused’s role in the offense (772 F Supp 297). On appeal, the United
States Court of Appeals for the Fifth Circuit, in affirming, expressed the
view that (1) with respect to the ineffective-assistance claim, (a) the claim
was a successive claim which had been rejected on the merits in the first
federal petition, and (b) the accused had not shown cause for failing to bring
all evidence in support of that claim earlier; (2) with respect to the due
process claim, (a) the accused’s failure to assert the claim in his first federal
petition constituted an abuse of the writ, and (b) the accused had not shown
cause for that failure; and (3) the accused had failed to show that he was
actually innocent of the death penalty (945 F2d 812).

On certiorari, the United States Supreme Court affirmed. In an opinion by
REHNQUIST, Ch. J., joined by WuiTE, Scatia, KENNEDY, SOUTER, and THOMAS,
JJ., it was held that (1) for purposes of the “actual innocence” exception, a
federal habeas corpus petitioner, in order to show “actual innocence” of a
state death sentence, must show by clear and convincing evidence that but
for a federal constitutional error, no reasonable juror would have found the
petitioner eligible for the death penalty under the applicable state law—a
standard which (a) allows a petitioner to show, in addition to innocence of
the capital crime itself, that there was no aggravating circumstance or that
some other condition of eligibility was not met, but (b) does not extend the
permissible showing to the existence of additional mitigating evidence which
bore on only the ultimate discretionary decision between the death penalty
and life imprisonment—and (2) under that standard, the accused in the case
at hand, with respect to his ineffective-assistance and due process claims,
had failed to show by clear and convincing evidence that he was “actually
innocent” of the death penalty to which he had been sentenced.

BLACKMUN, J., concurring in the judgment, expressed the view that (1) the
fundamental miscarriages of justice in a capital proceeding that warranted
federal habeas corpus redress ought to include more situations than those
circumstances in which a petitioner could make out a claim of “actual
innocence”; (2) the Supreme Court’s opinion adopted an unduly cramped
view of “actual innocence”; (3) the “actual innocence” standard in the
opinion of STEVENS, J., and his application of that standard to the facts of
the case at hand, were correct; and (4) there was a growing doubt as to
whether, with each new Supreme Court decision constricting the ability of
federal courts to remedy constitutional errors, the death penalty actually
could be imposed fairly and in accordance with the requirements of the
Federal Constitution’s Eighth Amendment.

STEVENS, J., joined by BLACKMUN and O’Connor, JJ., concurring in the
270

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

HEADNOTES
Classified to U.S. Supreme Court Digest, Lawyers’ Edition

Habeas Corpus §§ 17, 120 — state
death sentence — successive,
abusive, or procedurally de-
faulted claim — federal re-
view — actual innocence —
burden of proof

la-1f. For purposes of the “actual
innocence” exception allowing a fed-

eral court to consider the merits of a

habeas corpus petitioner’s succes-

sive, abusive, or procedurally de-
faulted claim even though the peti-
tioner has not met the normal cause-
and-prejudice requirement for such
review, a petitioner—in order to
show “actual innocence” of a state
death sentence—must show by clear
and convincing evidence that but for
a federal constitutional error, no
reasonable juror would have found
the petitioner eligible for the death
penalty under the applicable state
law; this standard allows a peti-
tioner to show, in addition to inno-
cence of the capital crime itself, that
there was no aggravating circum-
stance or that some other condition
of eligibility was not met; the stan-

dard is adopted in preference to (1) a

stricter standard which would limit

any showing to the negation of an
essential element of the crime which
the state has made a capital offense,

(2) a more lenient standard which

would extend the permissible show-

ing beyond the elements of the
crime and the existence of aggravat-
ing factors to the existence of addi-
tional mitigating evidence which
bore on only the ultimate discretion-
ary decision between the death pen-
alty and life imprisonment, where
such an extension (a) would mean
that “actual innocence” amounted to
little more than what was already
required to show “prejudice,” a nec-

essary showing for habeas corpus
relief for many federal constitutional
errors, and (b) would unduly broaden
the narrow “actual innocence” ex-
ception, or (3) a “clearly erroneous”
standard, where (a) the term
“clearly erroneous” derives from the
entirely different context, under
Rule 52(a) of the Federal Rules of
Civil Procedure, of reviewing written
factual findings made by a trial
judge, and (b) the proposed habeas
corpus standard would have the
meaning—which differs from the es-
tablished meaning of “clearly erro-
neous” under Rule 52(a)—that no
reasonable sentencer could have im-
posed the death penalty. (Blackmun,

Stevens, and O’Connor, JJ., dis-
sented from this holding.)
Habeas Corpus §113 — state

death sentence — successive
or abusive claims — federal
review — actual innocence
2a-2i. A federal habeas corpus pe-
titioner fails to show that he is “‘ac-
tually innocent” of his state death
sentence—for purposes of the ‘“ac-
tual innocence” exception which
would allow habeas corpus consider-
ation of the merits of two claims
which have been deemed to be suc-
cessive or abusive claims not meet-
ing the normal cause-and-prejudice
requirement for review—since the
petitioner fails to show by clear and
convincing evidence that but for fed-
eral constitutional error at his sen-
tencing hearing, no reasonable juror
would have found the petitioner eli-
gible for the death penalty under
the state’s law, where (1) the peti-
tioner allegedly participated in kill-
ing a victim who was beaten, scalded
with boiling water, and set afire; (2)
under the state’s law, the petitioner

273

U.S. SUPREME COURT REPORTS

the “innocence of the death sen-
tence” exception. Just as a defen-
dant who presses a defaulted, succes-
sive, or abusive claim and who can-
not show cause must demonstrate
that it is more likely than not that
he is actually innocent of the
offense, so a capital defendant who
presses such a claim and cannot
show cause must demonstrate that it
is more likely than not that his
death sentence was clearly errone-
ous. Absent such a showing, a fed-
eral court may not reach the merits
of the defendant’s defaulted, succes-
sive, or abusive claim.

IV

It remains to apply this standard
to the case at hand. As the majority
indicates, Sawyer alleges two consti-
tutional errors. First, he contends
that the State withheld certain ex-
culpatory evidence, in violation of
Sawyer’s due process rights as recog-
nized in Brady v Maryland, 373 US
83, 10 L Ed 2d 215, 83 S Ct 1194
(1963). Second, Sawyer argues that
his trial counsel’s failure to uncover
and present records from Sawyer’s
earlier treatments in psychiatric in-
stitutions deprived him of effective
assistance of counsel as guaranteed
by the Sixth Amendment.

As Sawyer failed to assert his
Brady claim in an earlier habeas
petition and as he cannot show
cause for that failure, the court may
only reach the merits of that “abu-
sive” claim if Sawyer demonstrates
that he is probably actually innocent
of the offense or that it is more
likely than not that his death sen-
tence was clearly erroneous. As Saw-
yer’s ineffective-assistance claim was
considered and rejected in an earlier
habeas proceeding, the court may

302

120 L Ed 2d

only review that “successive” claim
upon a similar showing. Upon a re-
view of the record in its entirety, I
conclude that Sawyer has failed to
make such a showing.

Sawyer points to two pieces of
exculpatory evidence allegedly with-
held by the State. First, he offers the
affidavit of a woman (Diane Thibo-
deaux) who, on occasion, took care of
the small child who witnessed the
crime. That account appears to con-
flict with contemporaneous police re-
ports. While police records indicate
that the child implicated Sawyer in
the cruel burning of the victim, Thi-
bodeaux avers that the child stated
to her that Sawyer’s codefendant,
Charles Lane, set the victim afire.
Second, he offers other affidavits
casting doubt on the credibility of-
Cindy Shano, the State’s principal
witness. Sawyer emphasizes that
Shano testified under a grant of im-
munity and highlights inaccuracies
in her trial testimony. Finally, as
part of his Sixth Amendment claim,
Sawyer also offers medical records
documenting brain damage and re-
tarded mental development.

Viewed as a whole, the record
does not demonstrate that failure to
reach the merits of Sawyer’s claims
would constitute a fundamental mis-
carriage of justice. First, in view of
the other evidence in the record, the
Thibodeaux affidavit and questions
concerning Shano’s testimony do not
establish that Sawyer is “probably
... actually innocent” of the crime
of first-degree murder. At most, Thi-
bodeaux’s hearsay statements cast
slight doubt on the facts underlying
the burning of the victim. Similarly,
although the challenges to Shano’s
testimony raise questions, these
affidavits do not demonstrate that
Sawyer probably did not commit

SCANLAN, James, white, hanged New Orleans, Lae, 7-5-1900 (°)

MYSTERY OF THE

TUUAURUNNEUONGUUOUNUROAOUEVOONNGONEHOOUEOOEHOOOEHUOUUUUONNHOENN
baie: by GEORGE LAVORATO ~ |

duard M. Benet had migrated to New Orleans from
his native land, France, during those fabulous times

when New Orleans was

young and gay and wicked.

He had wanted only the freedom that the New World prom-
’ ised, but he found, also, that everything he touched turned

~ AN‘ALL-TIME:

to gold.

His first job was as a laborer, help-
ing rebuild the St. Louis Hotel, which
had been destroyed by fire. While dig-
ging in the ruins he found a metal box
containing $3,000 in gold coins. No

one could prove ownership and the,

fortune was later awarded him by the
courts.

He next became a waiter at Antoi-
ne’s and was so courteous to the
customers that an old lady who had

-dined there regularly and who suddenly

died, left him a part of her fortune.

With this money he went into the
fruit business, as an importer and
exporter, and found himself too busy
during the forty-odd years that
followed to think about marriage. It
wasn’t until he sold his business and
retired, at the age of seventy-two, that
he thought of marrying. °

But by then his age was against him.
There were too many women, of
course, who would have married him
for money, but he didn’t want that
kind. He wanted one who would marry

14 TLVE ; eal co.

S CASES, Fiph

CRIME CLASSIC:

him for himself, and there just didn’t
appear to be any women like that
around New Orleans, no matter how
hard he tried to find one. So he wrote
a letter to the Lonely Hearts Clubs,
which advertised in the New Orleans
papers. This club was in St. Louis and
he thought no one that far up the
Mississippi would know of him.

Eventually, he received letters from
several women, but one in particular
interested him. She was Mrs. Clara
Burch of St. Louis, a widow of forty.
She wrote that she was lonely and
wouldn’t object to marrying a man
thirty-years her senior if he were in
good health, good humor, and in
moderate circumstances. She didn’t
care for a great deal of money, she
wrote, so long as she would not have
to work again.

They exchanged photographs and

Benet was pleased to note that Mrs.

Burch was a brunette, and slender. She
didn’t look any older than thirty-five.
She wasn’t pretty exactly but she was
attractive in a plain sort of way. Benet
felt that he would be proud of a wife
like Mrs. Burch. ‘There was something
comforting about her smile that the
photo revealed. She looked trust-
worthy and sincere.

He waited patiently for her next
letter, the one she would write after

she had seen his photo. He had had it

Detective George Downs did
not let an ambush deter him
from tracking down the killers. °:

‘ é by |
ode
= , ee:
t

Eduard Benet made his fortune

in the early days of New Or-

leans, but mail-order bride put
him out of business.

taken especially for her, and had tried
to look his best. The result had been
pleasing. He didn’t look a day over
fifty, he told himself.

Her next letter was reassuring. She
told him he didn’t look more than
fifty-five. She was ready to come to
New Orleans on a day’s notice.

On the next boat up the river he sent
her a ticket and a hundred dollars, then
he began looking for a suitable home.
He had money enough to buy a
luxurious home but he didn’t want to
splurge. It might be a shock to Mrs.
Burch to find a mansion waiting for
her, he thought, so he decided ona
modest little house on St. Louis Street.
It was an old place, having been built
in the early part of the century, and
would need a bit of fixing up, but he
would wait until the widow saw it; she
might have something to say about the
changes that would be necessary.

Mrs. Burch wrote she would be
leaving on the next steamer for New
Orleans. She was bringing. with her,
She said, her luggage in two trunks,
“‘which bear all my worldly posses-
sions, and I must apologize for one
thing. I am bringing my canary along,

LIRA

‘oo
‘ot

ae a eae ee

|
RT|

'


SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

first-degree murder. Thus, Sawyer
has not met the standard “actual
innocence” exception.

Second, the affidavits and the new
medical records do not convince me
that Sawyer’s death sentence is
clearly erroneous. The jury found
two statutory aggravating factors—
that the murder was committed in
the course of an aggravated arson,
and that the murder was especially
heinous, atrocious, and cruel. State v
Sawyer, 422 So 2d 95, 100 (La 1982).
As suggested above, the Thibodeaux
affidavit does not show that it is
“more likely than not” that Sawyer

did not commit aggravated arson. °

Moreover, Sawyer offers no evidence
to undermine the jury’s finding that
the murder was especially heinous,
atrocious, and cruel. In addition, as-
suming that the new medical evi-
dence would support a finding of a
statutory mitigating factor (dimin-
ished capacity due to mental disease
or defect),4 I cannot say that it would
be clear error for a sentencer faced
with the two unrefuted aggravating
circumstances and that single miti-
gating circumstance to _ sentence
Sawyer to death.

In sum, in my opinion Sawyer has
failed to demonstrate that it is more
likely than not that his death sen-
tence was clearly erroneous. Accord-
ingly, I conclude that the court be-
low was correct in declining to reach
the merits of Sawyer’s successive
and abusive claims.

oy.

The Court rejects an “innocence of

death” standard that recognizes con-
stitutional errors affecting mitigat-
ing evidence because such a stan-
dard “would so broaden the inquiry
as to make it anything but a ‘nar-
row exception to the principle of
finality.” Ante, at ——, 120 L Ed 2d,
at 284. As the foregoing analysis
indicates, however, the Court’s con-
cerns are unfounded. Indeed, even
when federal courts have applied a
less restrictive standard than the
standard I propose, those courts
have rarely found “innocence of
death” and reached the merits of a
defaulted, successive, or abusive
claim. See Deutscher v Whitley, 946
F2d 1443 (CA9 1991); Stokes v Ar-
montrout, 893 F2d 152, 156 (CA8
1989); Smith v Armontrout, 888 F2d
530, 545 (CA8 1989).

Similarly, I do not share the
Court’s concern that a_ standard
broader than the eligibility standard
creates “a far more difficult task”
for federal courts. Ante, at ——, 120
L Ed 2d, at 284. As noted above,
both the “probably resulted” stan-
dard and the “clearly erroneous”
standard have long been applied by
federal courts in a variety of con-
texts. Moreover, to the extent that
the clearly erroneous standard is
more difficult to apply than the
Court’s “eligibility” test, I believe
that that cost is far outweighed by
the importance of making just deci-
sions in the few cases that fit within
this narrow exception. To my mind,
any added administrative burden is
surely justified by the overriding in-
terest in minimizing the risk of er-
ror in implementing the sovereign’s
decision to take the life of one of its

4. See La Code Crim Proc Ann, Art 905.5(e)
(West 1984) (defining “mitigating circum-
stances” to include the fact that “the capacity
of the offender to appreciate the criminality

of his conduct or to conform his conduct to
the requirements of law was impaired as a
result of mental disease or defect” at the time
of the offense).

303

U.S. SUPREME COURT REPORTS 120 L Ed 2d

citizens. As we observed in Gardner
v Florida, 430 US 349, 360, 51 L Ed
2d 393, 97 S Ct 1197 (1977), “if the
disputed matter is of critical impor-

304

tance, the time invested in ascertain-

‘ing the truth would surely be well

spent if it makes the difference be-
tween life and death.”

earch
stark
thing
vhere

urned
Cardo
scting
lat it
“ight-
yours
WwW as

and
brief-
he

four
1 and
stood
eddie
while
ehind
b be-

: side-
or the
ved on
ircled
1 the
vered,
what

was

some sort of a con man. You can take
that for what it’s worth, but I’d be
careful.”

Tardo nodded, considered briefly,
and then started the car off. Simpson
sat directly behind the driver, and oc-
casionally Tardo glanced in the rear
mirror at the beefy, red-haired man,
who sat with his briefcase in his lap.
He was much quieter now, the detec-
tive thought—than when he had burst
into headquarters. .

But later, Tardo noticed a new
mood in Simpson. For miles there had
been only silence in the car above the
hum of the motor and the low whine
of the speeding tires on the hard, sun-
saturated pavement.

But now, sporadically, Simpson’s

harsh voice cut through to threaten

the dark-haired, taciturn Miller. “I'd
like to fix you myself, Eddie,” he
growled slowly and ominously. “Td
like to take you up an alley for just
ten minutes.”

Detective Jacob scowled in disap-
proval, half turned in his seat and
gave emphatic reply. “Don't be a fool,
Simpson. When we get Miller to head-

quarters, we'll take care of him—

legally. There'll be no rough stuff.”

Simpson subsided, muttering. The
car roared through Pass Christian and
Bay St. Louis, eating up the miles.
The traffic was heavier than on the
trip out, but had not yet reached its
expected peak. “This is pretty nice,”
Detective Tardo commented presently.
“We'll soon be home.” }

HE remark was made just as the’

Ford passed the junction of U. S.
11, which comes into 90 from the
north. A moment later, there was a
violent explosion within the vehicle,
and Tardo, thinking there had been a
blowout, began to brake the car to a
stop. But the sudden pressure of De-
tective Jacob’s shoulder against his
own, and one glance at his partner,
told him no blowout had occurred.
Nick Jacob had been shot in the head,
and hot blood, spurting faucet-like
from the wound, covered Tardo's
clothing.

“Keep driving,” Simpson ordered
coldly. “Keep driving so as not to
cause suspicion. Just slow .up a bit
when you get to the first side road.”

Tardo glanced around to look down
the muzzle of a smoking revolver—
the very same revolver Jacob had
handed, empty, to the red-head, less
than an hour before. And now Jacob
slumped, dead or dying. “But Nick,
here! We've got to get him to a
hospital!” Tardo pleaded, desperation
in his voice.

“It’s too late for him. He’s dead,”
Simpson laughed, and the sound
crawled up Tardo’s spine. “It’s your
turn next!”

Frozen to the wheel, Tardo, kept
driving. The situation in which he

New Orleans Detective Nicholas Jacob
was shot from behind by the man he
thought he was helping out of trouble.

found himself was incredible and fan-
tastic, but starkly real. In the belief
that they were assisting a citizen to
apprehend a man who wronged him,
the two New Orleans officers had
ended up, one dead, the other a virtual
prisoner at the mercy of a trigger-mad
killer who was the original complain-
ant.

The car reached the junction of a
side road, known as the Old Gentilly
highway, a little‘used thoroughfare
which winds its way northward into
the swampland along the eastern shore
of Lake Pontchartrain. “Turn here!”
Simpson barked, and Tardo felt the
sharp prompting of the .38 in his back.
He complied.

The car picked up speed after its
turn and proceeded for another twenty
minutes, every one of which the detec-

tive feared might be his last. There
“was no word, no single syllable from

the back of the vehicle, only the inex-
orable pressure from the gun.
“Turn here!” Breaking the silence,

‘Simpson again gave the command.

Tardo twisted the wheel and shot up
an abandoned gravel road. The Ford
bumped over railroad tracks which
had, during the war, served as a spur
line to the nearby Higgins’ Old
Michaud shipbuilding plant. It pro-
teeded for a few amaecd yards beyond
the spur—far enough, Simpson de-
cided.

When the Ford had come to a stop,
Simpson ordered Tardo out of the car
and relieved him of his .45 automatic,

_ his badge, and his wallet. The gun he

tossed to Miller. Then, while the word-
less, dark-haired man covered the de-
tective, Simpson dragged Jacob’s life-
less body from the front seat, through
the brush alongside the road, and

dumped it in a clump of seven-foot |

weeds. Then he beat his way back to

the automobile, where Miller—speak-
ing for the first time since Gulfport
—reminded his friend: “Did you get
his badge and gun and money? They
may come in handy.”

Simpson had forgotten. With an
oath, he retraced: his steps and per-
formed the heartless task.

Tardo meanwhile had been think-
ing. His life, he felt sure, wasn’t worth
two cents. Unarmed, and a witness to
the brutal slaying of his colleague,
logic told him the murderous pair had
nothing to lose by doubling their mur-
der score. He had one and only one
chance, he figured, provided Simpson
and Miller decided to set the scene
for his assassination elsewhere. In
that case he had a plan. He waited.

“You're next!’’ Simpson's voice
raked him scoffingly. “We're going
to kill you too!” But then, while the
detective’s heart missed a beat, the
red-haired desperado added with a
chuckle: “But not right now. We need
you, Get in the car!”

Tardo obeyed. At the wheel, he sat
alone in the front seat while his captors
covered him with their guns from the
rear. “Back the way we came,” Simp-
son instructed. Swiftly, Tardo re-
versed the car’s direction and started
toward the Old Gentilly highway.

With infinite calculation, the detec-
tive gauged his distance as the Ford
gathered speed. The spur track loomed
ahead. As the front wheels touched the
rusting rails, he gunned the acccl-
erator, twisted the steering wheel
sharply to the right, and at the same
time threw open the door at his left,
and flung himself into the gravel of
the roadbed. The car jounced along
the railway ties for a hundred yards,
its back seat occupants tumbling
around, and then stalled.

ARDO, bruised and badly shaken

in his leap from the car, went
scrambling for safety on all fours.
He heard shots and the scream of
bullets over his head. Not until he
had plunged through high grass and
reached the Old Gentilly road did he
permit himself a backward glance.
Then he saw both Miller and Simpson
standing by the disabled police car,
smoking guns in hand.

Tardo ran as if his life, as it liter-
ally did, depended on it. He went north
on Old Gentilly, for he had some
knowledge of the terrain and was
aware that, although telephones were
scarce in that locality, there was one
in a restaurant, Martin’s, not too far
distant.

Meanwhile, Simpson and Miller
debated the advisability of pursuit,
but decided against it. Tardo had too
good a start. What they needed to do
now was to get out of that area—and
get out fast.

[Continued on page 73]

Dale: Simp

Calin

™ yi oe

Detective ° ‘Slayer Plaewros

cuted at Parish Prison |

Dale Gente: 36-Sear-old con.
victed slayer of Derective Nicho-
Jas Jacobwas clectiocuted at
12.08 p. meFriday in the state's
portable electric chair at parish
prison, sort

Four minutes after the a500!$
voits and Mf amperes of electrict
ty Was sent througir his body’ he
was pronounced dead bv Dri
Nicholas Chetta, Orleans parish)
corenen, 3 |

An hour after he heard the 4
desth sentence read by Chief.

Deputy William | Groach, he
walked calaly to hie place in
the electric chair, During the
interval, he prayed almost con-
‘atantly with the Rev. Joseph:
Miller, prison chapiain,.His last
‘visitors, besides Father Miller,
were two nuns of the Sisters of
Mercy, wha had visited) him
‘almost daily since be had:bern
in prison,:. - tine "49 HE Sy

‘Ending’ ‘hia * pravera naj” 4: 0
#, m., Simpson smoked: a cigay
rete With: no. display’ of ' ejnotion
cr nervousness, and! gaid. good.
bye to fellow’ inmates. 308 A coe
row, The last:to whom. ‘he'y
was Louis’ Eugene Hoover ie
has heen sentenced Ww 'death for
the 1049 murder: of James A,.
honey, a wealthy Virginian to

Displaying distress,’ Which was
rompletely ‘absent >in: Simpson,
Hoover shook handg owith the
condemned man, Miondbve,
Jauis, just: ‘he a man ‘atl the
time.’ Simpson encouraged him.
“You're going ete I = like

v v

€

i aeeiarcaeind Crim
o Sad cemmeeieanneiaa mae

remaining cigarettes, and joined

aided, he walked the remaining

black they his head shaven Simip::

Jism. to Catholicism: more:

de git as

1 he: emulng,’* Hoover andwered,
Then “Shinpson handed hho his!

the death: ‘procession, ‘

A few'stepa trom | the ¢leetric
chaic,: Simpson' paused and {ing
ered’a crucllix-in hig hanth,. ['n-

paces to his place in| the ghair,
Dressed in white shirt'|with a!

son thanked Sheriff John J.
Grosch ‘and his deputies ‘forthe
treatment he had received, -“And
thanking the. pricat*a 5 com the nuns, '
the: addedy. x ¥ d
“That's about all. 4 kat
/ Adjusting the neck and ehin:
pleee: dn place, the prec tioner |
sald" t's going to. be. tight,
Dale, but not for lang." ee
matter of seconds, hes pped |
back and threw ‘the, lin o%

Simpson wilh be buried} in se!
Roch: cemetery, ‘acvording .. ta!
Prison authorities, in‘a tomb: pto-
vided “by an unidentified ‘woman
‘who -acted: as his. sponsod when)
he-wag-converted:{rom. Mprmon-

year ago,in: death: row,) 5 “ye

\ Binapron,<: ‘whose“home’}s Sait
Lake sCity,,. wax Convicted) af. the
LaboryDay, 1948, kUling ‘jo
tective ‘Jacob,: while: Jacob -and
fellow : detec tive " Joseph} Tarido
Were:relurhing Simpson and Har-
Sold L., Biller 16 New Oriea
Gulfport, “Miss, Simpson. . had}
aati. & camplaint:to -pollde that

Wer had stolen his. pistol: and
gone with ‘the officers. to jilentify
Miller, Before starting {he.trip
back, Simpson's platol & Ke.
turned."to him. Simpsoh told
Sherilé Qrosch that he was try.
ing to aboot Miller, when he shot
Jacoh, “Miller is bie! a Jife

sentence, at Angola. ny ite bk detent

e

DEFECTIVE YACOB

GUNMEN 3T0P TRUCM Rib
deual Oeramcr READ fy

Su8. 342.28 ty tees

BUMPED wEHE TARY
EDCAKES Witte CAN


SIMPSON, Dale Smith, white,
-elec. New Orleans, LA
January 26, 1951

: (STARTLING DETECTIVE,
~—- danury, 1949

ERHAPS the most bizarre

and violent crime rampage
in the history of.the New
Orleans Police Department began at
5 o’clock on the morning of Monday,
September 6, 1948—Labor Day—
with a routine report on a minor theft.

At that hour, a tall, 200-pound, bull-

like young man, with close-cropped
red hair, walked into headquarters,
hopping mad. There he poured out his
story to Detectives Nicholas G. Jacob
and Joseph Tardo of the midnight to
8 a. m, lobster trick.
The complainant introduced himself
as Dale Simpson, and explained that
he had come to New Orleans the day
before, and was staying at the Hotel
Jung. “I went back to my room a little
while ago,” he steamed, “and dis-
covered I’d been robbed. My gun,
identification papers, and. four hundred
bucks are missing. What’s more I know
damn well who did it!”
Simpson continued that he had come
to New Orleans from California with
a companion named Eddie Miller,
whom he met in the West. Earlier
that morning, they’d made a tour of
French Quarter bars, ending up in
a place on Bourbon Street. There,
around 4 o’clock, Miller excused him-
self for a moment, but did not re-
appear. After waiting around for
perhaps half an hour, Simpson went
back to the hotel and discovered the
robbery. Further, Miller’s bags and all
his gear were gone, and the desk clerk
told him his roommate had checked
out.
“Tt’s a dirty trick for a guy who
calls himself a friend to pull,” the
red-haired man fumed. “And I
have a good idea where this Eddie

Unaware of the menace behind
the youth’s probing gaze, the
girl flashed a look of invitation.

BY LEE TRAVIS

Miller is. All the way east he kept
talking about going home to Monti-
cello, a little town in Mississippi near
Gulfport.”

“Okay, Simpson, we'll do what we
can,” Detective Jacob assured the
complainant. “But take it easy; you'll
live longer,” he added jocularly.
“What's this Miller look like?”

His false friend, Simpson said, was
dark, about five foot eleven, and
weighed nearly as much as he. He
was young, too, probably 22 or 23.

‘When Simpson last saw him, Miller

was wearing khaki trousers, a light
shirt, and a maroon jacket.

Jacob scratched busily on a pad, no-
ting down this information, and then
looked up. “The gun—what kind?”

“A Colt 38 revolver.”

“Why were you carrying it?”

“I'm a member of the California
Forestry Service,’ Simpson explained.
“on vacation. The gun is part of my
equipment.”

Detective Tardo picked up his part-
ner’s notes, stepped into the Communi-
cations Room, and filed a message to
be teletyped immediately to the Gulf-
port police. Returning, he informed
Simpson: “That's all we can do for
now. When we hear something, you'll
he notified at your hotel.”

The red-haired man thanked the
officers and left. Less than an hour
later, a little after 6, Gulfport was
heard from. Detective Capt. Hall Mc-
Corkle phoned. “We have your man—
Eddie Miller,” he ,told Jacob. “We
picked him up here at the Greyhound
Bus Terminal a few minutes ago. He
admits taking Simpson’s gun, but says
he doesn’t know anything about any

$400.”

43


“Fast work,” Jacob complimented. ciate the trouble you
“Well, this one wasn’t too tough,”

are taking. You __ assisted McCorkle in a second search
McCorkle explained. “Miller drove a

sure do operate efficiently,” of the prisoner. He was stripped stark
“Tt’s all in the day’s work,” Jacob naked and ever

some sort ol
that for wh

y item of his clothing careful.”
taxi here back in ’45, so we got to responded, while Tardo, sizing up the —_ examined. The money was nowhere Tardo no
know him. He says he’ll waive extra- red-haired man across the table, noted | to be found. and then sta
dition. Are you coming over ?” the harsh, grating tones in which he Then Captain - McCorkle turned

“Okay,” Jacob told the Gulfport spoke, Simpson

sat directly |
seemed likeable over the gun and the $16 to Tardo ‘
officer, “Tardo and I will start right enough, and intelli

casionally 17
gent too, yet there and Jacob. The latter, after inspecting mirror at tl
away, and we'll bring this Dale Simp- — was something disagreeable about his the .38, and assuring himself that it who sat wit
son, the complainant, along with us voice, ’ was not loaded, handed it to its right- He was muc
to identify Miller.” Simpson insisted on paying the ful owner. “Here,” he said, “it's yours

The New Orleans police officers got check. Afterward, the

tive thought
trio got back in and you might as well take it now as into headqu:
into a police car—a Ford sedan—and the police car and completed the jour- —_ later.”

But later

went to the Jung Hotel. Simpson was ney to Gulfport, arriving at 8:15, At . Simpson took the weapon and , mood in Sin

surprised and gratified at their quick headquarters in the Mississippi town, placed it in.an expensive-looking brief- been only si

results, Simpson confronted Miller, but now case he was carrying. “Thanks,” he hum of the:
The trio sped along the as yet near- _ his wrath seemed somewhat abated. said,

deserted shore highway—U. S. 90— “Why did you ‘do it, Eddie? Why

of the speedi
connecting the two cities. Tardo, driv- did you rob me?” he demanded.

The New Orleans party, now four saturated pa

in number, left the police station and

But now,
Ing, Was anxious to make the most The prisoner merely shrugged in boarded the police car, which stood _ harsh voice
of the clear road, for he knew that response. Captain McCorkle produced at the curb. Dale Simpson and Eddie the dark-hai
on the return trip, later in the day, the gun taken from Miller, and Simp- Miller were placed in the back, while like to fix
the highway would be jammed with — son identified it as his own. “We only _ Detective Tardo, as before, got behind

holiday motorists,

found $16 on him, though,” the cap-
About halfway to Gulfport, Simp- tain declared. “If he took tl
son spoke up. “I’m getting mighty hundred you c
hungry. How about you gentlemen? hay

growled slo:

like to take

ten minutes.
Detective

proval, half

gave emphat

Simpson. W)

quarters, we

legally. The:
Simpson s

car roared th

Bay St. Lou

The trattic \

trip out, but

expected pea

Detective Ta |

“We'll soon |

the wheel, with Detective Jacob be-
hat four side him,
laim he. did, he must Captain McCorkle stood on the side-
e cached it somewhere.” walk, noting the preparations for the
Shall we stop for a bite?” The detectives from New Orleans return trip. Then as Tardo stepped on
The detectives were not averse, and the starter, the Gulfport officer circled
so the party breakfasted at a roadside End of the crime rampage: State the car for a final word with the
restaurant. Over their eggs and coffee, Trooper Mechana, at left searches driver. “That Simpson,” he whispered,
Simpson grew expansive. “Fellows,” M ,

Simpson while arshal Bourque “I'd watch him. I asked Miller what
he said, leaning back, “T really appre- risks Miller outside the country store. about him, and Miller said he was

HE rem:
Ford pas
11, which ¢
north. A mc
violent expl
and Tardo, t
blowout, beg
stop. But the |
tective Jacol |
own, and on
told him no
Nick Jacob h
and hot blo
from the w
clothing.
“Keep dri
coldly. ‘Kee
cause suspic:
when you ge
Tardo glan
the muzzle c |
the very sai |
' handed, emp
ya ae ‘il than an hour

, slum , dea
de ‘foe , here! We've
fe ; hospital!” T:
in his voice.
“Tt’s too 1:
Simpson lat
crawled up 1
turn next!”
Frozen to
driving. The

, S
ye \e
» Watery
Mv f ging 3


DEATH WATCH (Cont. )

son's death chamber where the electric
chair awaited him. In the death chamber,
the fathers of the two victims watched
the proceedings. In a brief final state-
ment, Sonnier directed his comments’ to
Lloyd LeBlanc, one of the victims' father:
“Mr. LeBlanc, I understand the way you
feel," he said. "I have no hatred in my
heart. As I leave this world, I ask God
to forgive my brother for what he has
done and to forgive me for what I have

done." Sonnier then asked LeBlanc for for-

giveness. LeBlanc responded with a nod
and said “yes."

Sonnier was then strapped into’ the

electric chair and four surges of electri-

city sent through his body. He was pro-
nounced dead at 12:15 a.m. by West Feli-
Cciana Parish Coroner Alfred Gould. From
the moment Sonnier was escorted out of
his holding cell, it took only 15 minutes

before he was pronounced dead; in Texas,

it took 57 minutes before O'Bryan was pro-

nounced dead, a disturbing difference of
some 42 minutes.

Sonnier's body was claimed by Sister
Helen Prejean, who was his spiritual ad-
viser. Prejean and other nuns prevailed
upon Bishop Stanley Ott to conduct reli-
gious services for Sonnier. "It was his
(Sonnier's) wish and the family's wish
that Bishop Ott would perform the cere-
mony," Sister Kathleen Bahlinger told the
MORNING ADVOCATE. "We are very happy that
‘the head of the diocess agreed to do the
ceremony. We want this to be a_ religious
ceremony. It's intended for those who
mourn his death and rejoice in his union
with God in that which we all seek."

However, the funeral given Sonnier,
which is generally reserved for prominent
Catholics, stirred some intense criticism.
One church member objected to the cere-

money and was quoted by the MORNING ADVO-

CATE as saying: "It conveys the impres-
sion that it's not such a big deal to be
a rapist and a murderer, and that if you
beg for forgiveness you get the same bur-
ial as a servicemen killed in action. If
they wanted to give him a burial they
could have done it ona low key, small

PAGE 14

scale in his hometown."

Bishop Ott met the criticism ina di-
rect and straightforward manner. "I felt
like I was acting the way Christ would
want me to act,"- he told the ADVOCATE.
"Christ had pity and compassion on all
Sinners. I just felt it was an act of
mercy and compassion." Ott added that he
conducted the mass as a public gesture
against the death penalty. "If Pope John
Paul can shake the hand and visit his
would-be assassin in jail and _ say he is
my brother, we can show mercy and forgive-
ness," he said.

During the services itself, Ott said:
“Blessed are the merciful for they will
obtain mercy....At the cross, Jesus said’
to the thief, ‘today you will be with me
in paradise.* Jesus, who should have re-
ceived mercy, did not. But, he received
God's justice. Finally, there must be
mercy. May the mercy of God be with Pat-
rick,”

Several days before Sonnier was execu-
ted Gov. Edwin Edwards met with a group
of capital punishment opponents who asked
him to block the execution. While refus-
ing to block the execution, Edwards told
the group they should concentrate on

changing public attitudes about capital

punishment if they hope to prevent future
execitions. “It's not a question of my
giving my consent (to executions)....All
I can tell you is that I am representing
the state and following the will of the
Legislature and my own personal views
have to be submerged towhat I consider
to be the expressed will of: the people...
It's a horrible burden for me," Edwards
told the group. : |

While saying that he would carefully
consider every death case presented to
him, he would not intervene unless new
evidence is presented or some other over-
riding reason is offered. "Try to embark
on some education program. Try to get the
public to embrace your views. People, by
and large, right or wrong, seem to think
the death penalty is a deterrent to
crime," the governor said.

Several weeks after Edwards spoke to


gra” ' haa ; graeey
The Daily Iberian, New Iberia, La. Wednesday. December 28, 1983—
1 ae ..

- Sonnier contends court erred_

By MONTE WILLIAMS | That court is being asked not only to stay _ Baham contends the trial outcome — Son-
Staff writer -Sonnier’s execution but delay another death mers conviction for first degree murder —

— warrant — a second for Sonnier — pending would have been different had the unidentified
* Condemned killer Elmo Patrick Sonnier now Supreme Court deliberation of his lone appeal. juror been allowed to remain on the panel.

_ contends the state court that convicted him of - A STAY OF MANDATE would stop the 30- THE JURY FIRST determined that Elmo
the 1977 rifle slayings of two teenagers erredin day clock and “‘halt the execution process” un- . Sonnier and his younger brother, Eddie, shot
_-excusing a trial juror who was opposed to capi- i] the 11th-hour appeal is heard, says Dracos and killed Ann Bourque and David LeBlanc.
“tal punishment. Burke, 16th Judicial District prosecutor. The jury then sentenced the Sonniers, impris-

That’s the thrust of an appeal that Sonnier, : oning Eddie Sonnier for life and ordering Elmo

“34, is hoping the U.S. Supreme Court will even- A denial of the writ, while it wouldn’t pre- executed. |
tually consider. clude a high court review of the appeal, would = Appeals over a two-year period have alleged
.. If the court grants the appeal and reviews entail a death warrant and, in effect, restart improprieties in a police search of Sonnier’s
‘the case, Sonnier could be spared a second the execution countdown, Burke said. — vehicle and inadequate pretrial psychiatric
date with electrocution. If not, he could be put Regardless, Burke said he’s preparing an an- care. fie
_ to death as early as February. | swer to latest appeals in anticipation of the ap- Baham has also argued that Sonnier’s death
The murderer’s future now rests with the  pellate court’s ruling. _ sentence was not proportionate to others hand- —
. Fifth Circuit Court of Appeals. What Sonnier’s attorney now contents is that eddown,in the court district.
‘The court is to begin deciding Dec. 30 —a_ District Judge Thomas Bienvenu’s court un- _—Burke.said the latest appeal is baseless.
. week later than expected — whether to grant justly seated the jury that convicted Sonnier. Even with extra time and a benevolent Su-
““the native New Iberian a stay of mandate, al- The court’s excusing of a trial juror who was preme Court, Sonnier’s time is ‘running out,

lowing appeals to proceed to the high court, or unalterably opposed to the death sentence vio- Burke said. ‘
‘order a warrant for his death within 30 to 45 _— lated Sonnier’s right to due: process, Says Meta- Jan. 9 is the target date for the Fifth Circuit -.
days. irie lawyer Michael Baham 1n theappeal. - -_Ciourt’s ruling. , z

a


: pega ney
ee neil mag

7 ill teria, Ls

Ne nour Miata

mursday; February 9, 1984"!

‘The Daily Iberian, Ne

- By MONTE WIL

_ Staff. writer”: %
*-Elmo. Sonnier,”convicted*s of:

' murdering two area’teen-agers:in  —

+1977, will know after Feb. 17 if the,”

*'U.S.:Supreme Court will hear his’.
latest appeal — that. the ‘state...

court that tried him unjustly-ex-/ .
cused a jurors) wage Wee.
‘“~ Dracos Burke, ‘assistant district:
‘attorney | who’ prosecuted him,
‘said this week Sonnier’s appeal
for a certiorari — a complete re-

- view! of his case — is before the
high court;f7c%) 09 2 Beaty
If four justices find merit in it

_ during a calendar session Feb.:17,° |

it will be heard. If. not, another ° >

« death warrant — Sonnier’s second \*.

¢—. will be-ordered issued ‘for his ~

‘° execution’ within 30-45 days, Bur-. ...

nh

} ke saidivvn es olds WG
**¢ Sonnier’s attorney, Michael Ba- °
«xham, is attacking his client’s' con-. ’; :

-sviction’ for murdering David LeB-"<

‘lane and Loretta Bourque on the’.

the grounds that the jury. that

- tried. him was ‘improperly | ex-.

cused. Ms oh

404 :
a m pet
“a ai is Pant cies J

™ aS Be

“* The dismissal of a juror “‘inalte~:_
~rably opposed ‘to’ capital punish-;: ‘
* ment” cinched the :prosecution’s, *
* ease for the death penalty, Ba-:—
Bh. BRS ae ‘+

-. Otherwise, Sonnier could have: ’;
been: acquitted or at: least sen- =
~ tenced to life in prison, says ‘Ba-\; 4
~ham, a capital punishment oppor a
‘nent: handling Sonnier’s case for: -
» free.) Yeetipe pee cee A eS
BURKE - DISAGREES, . howev:..
“er, saying the appeal. contesting
jury. selection is weak and proba- ©
' bly will be rejected by the Su-
*’preme Court | kg

5 ae

ae

¢

eel
“ ™

«I a a i i i a a aN
SONNIER, Elmo Patrick, white, 35, elec. La. (Iberia) on h-5-198h.

THE ANGOLITE, The Frison Newsma

PAGE 13

JEATH WATCH (Cont. )

man sits in the electric chair no more
than a couple minutes before the switch
is actually pulled bringing about instant
unconsciousness.

Still, some people felt that O'Bryan
was treated too humanely. "He got what he
deserved," Elizabeth Ellis O'Bryan's
former mother-in-law, was quoted by the
Houston POST -as saying. “Eight minutes
(the time it took O'Bryan to die) was
too short compared to what little Timmy
had to go through. They ought to have
given (O'Bryan" a Pixy Stix with cyanide
and washed it down with Kool-Aid. Does it
sound cold? Was it cold for Tim? I want

someone to answer that question for me."

Not everyone felt as Ellis felt. David
Sefton, who had attended church with
O'Bryan before his arrest, was convinced
that O'Bryan was innocent. "I'm sorry to
see it happen as it did. They put animals
more effectively to sleep than humans."
Rut Hinton doesn't think much of the
‘laims of innocence. "As far as the lack
of repentance and his continuous denials
of guilt in face of overwhelming evidence,
I am not surprised," he said. "No one
close to him ever expected him to admit
to this." Hinton said that the people who
believed in O'Bryan's innocence’ should
have read the trial transcript. "If
O'Bryan's lawyers had known of any evi-
dence that exonerated him, the evidence
would have been brought before the courts.
But there was none. There was never a
motion for a new trial based on new evi-
dence because there wasn't any," he point-
ed out.

Before O'Bryan's body was removed from
the Huntsville prison, his eyes were re-
moved and donated, per his request, to
the Eye Bank of the Lions Club of Texas.
O'Bryan's father, Bill, said that his son
would be given a private funeral and a
secret burial. "It's not that we're a-
shamed, but I just don't want a three-
ring circus," the father said.

Two weeks after O'Bryan's execution,
dJenry Lee Lucas, a confessed killer of
360 people across the nation, was convict-
ed in connection with the murder/rape of

gazine of the La. State Penitenti
Mat/June, 1984, Vol. 9, Number 3. iain aie!

an unidentified hitchhiker and sentenced
to death. Lucas is already serving a life
term for the murder of his 15-year-old
common-law wife and another 75 years for
the death of a Texas woman.

Following his conviction and sentence
of death, Lucas told the Fort Worth STAR-
TELEGRAM that some of his victims were
killed as part of demonic cult rituals
which sacrificed human life in an effort
to call forth the devil. Lucas’ said that
he belonged to a cult called "The Hands
of Death" which has hundreds of members
roaming across the country. "I belonged
to a cult," Lucas told the Texas paper.
"It was a devil's organization. For ini-
tiation you would have to go out and kill
a person."

Lucas confessed to killing people by
crucifixion and having sex with some vic-
tims after death. He said a "companion"
(believed to be Otis Edward Toole) ate
human flesh and drank human blood.

But it's not likely that either Lucas
or Toole will be executed. The last mass
murderer executed in this country was
Charles Starkweather who was put to death
in the Nebraska electric chair on June
25, i959.

LOUISANA

The day after the Candy Man was execu-
ted in Texas, the Louisiana Board of Par-
dons heard an appeal for clemency from
condemned killer Elmo Patrick Sonnier who
was scheduled to die on April 5th. It
marked the first full hearing conducted
by the new board - and by a 4-1 vote, the
board rejected Sonnier's plea for clem-
ency, paving the way for his execution.

Sonnier, and his brother Eddie, was  con-

victed in 1977 for the slayings of David

LeBlanc and Loretta Bourgue, two teen-

agers from St. Martin Parish who were
taken to a remote oil field in Iberia
Parish where the young woman was raped
and both youths then shot in the head.
Shortly after midnight, in the first
hour of April 5th, Sonnier was led out of
his death cell and escorted into the pri-


Sue uy crs Li-year light to beat the electric ch

air exposes a grim ordeal in the name of US justice

| HAVE just lived through two days of a
tragedy that has been going on for Il years.
In a courtroom in New Orleans, Robert
Sawyer, aged 40, a convicted murderer un-
der sentence of death, was appealing
against heing executed in an electric chair
which his defence lawyers said was faulty. [
was described in the case notes as “an ex-
pert on the process of death". Death is my
Specialism: as a physiologist. I have carried
Out years of research into dying, death and
resuscitation. Sawyer’s lawvers had asked
me to present an affidavit on the physiologi-
cal consequences of electrocution,

This was Sawyer's 13th appeal, the mur-
der which sent him to prison having taken
place in 1979. In previous appeals, Sawyer's
lawyers had argued (unsuccessfully) that he
had not been properly defended at the orig-
inal trial, that crucial evidence had not been
brought forward, and that he had brain
damage. This time, the appeal was based on
evidence that the electrode to be applied to
his scalp was defective. His lawyers con-
tended that this would cause unnecessary
suffering and cruel and degrading treat.
ment. in contravention of the American
constitution,

The procecdings were formal and icily
polite. The large courtroom was presided
over by Judge Henry Mentz Jnr, who saton
a dais in front of the United States flag.
Facing him was a lectern where the lawyers
presented arguments and cross-examined
witnesses. The prisoner. small, pale and
nervous, and dressed in orange dungarees,
Sat ata table near the defence counsel.
When [| went up to him and greeted him
briefly, | noticed that his wrists and ankles
were shackled in large locks, even though
he was guarded by two armed policemen. |
was soon told that no one was allowed to
‘visit him’, which meant talk to him, except
his counsel, even in court,

The back third of the court was taken up
with benches for witnesses, journalists and
the public, Among the people present were
Sawver’s sister and brother-in-law, who sat
through the discussion about. the elec-
trodes: the sister of a man sent earlier to the
clectric chair, who kept reliving his experi-
ence; and the son of another executed pris-
ner. who saw photographs of the severe
burns on his father’s forehead and leg.

Sawver was represented by Neil Walker,
Nick Trenticnsta and Sara Ottinger of the
Lovola Death Penalty Resources Center:
ded by their researcher, Deborah Volker,
they put in long hours, often missing meals
or working through the night, The centre is
part of the Louisiana Public Defender's Of-
fice, and is funded by the federal govern-
ment. (Each state has a Public Defender,
whose duty is to trv to ensure that accused
people who cannot afford legal representa-
hon have full access to the machinery of the
law.) Occasionally, the tension of the court
and the sleeplessness of the lawyers sur-
faced ina careful, pained expression on
their faces, They did not want to antagonise
the judge, or give grounds for objection, by
making injucigious remarks.

Its said that sending someone to the
electric chair costs an average of $10m
(CS.6m), mostly from public funds. Anyone
lound guilty of a capital offence is entitled
'O appeal. Thus, condemned prisoners are
likely to spend 8-12 years on “Death Row"
while the US legal System attempts to exam-
ne every aspect of cach case. If a prisoner
steceeds in avoiding the death sentence,
the life sentence that replaces it will proba-
iy mean the natural life of the person, not
SAS years as in’ Britain.

\CCORDING to his sister and his defence
counsel. Robert Sawver’s troubles Started as
i child. He was often beaten by his father,
thd was sent toa school in Tennessee for
children suffering fram mental deficiencies,
handicaps and. disorders When he dis-
Pleased teachers he was punished with elec-

ie shacks. about whieh he has since
levcloped a phobia, He was never cducat-
Goon was sd have an 1 of 70

HH OINDE PENDENT ON wr NDA Ch AMIARECTE poy

AN AMERICAN

WAY OF DEATH

BY HAROLD HI LLMAN

In 2 New Orleans court, Robert Savyer listens ¢

Later he found a jobasa deckhand, and
became something of a drinker. One night
he and a friend. Charles Lane, returning
from a drinking bout, suspected that
Frances Arwood, the 23-vear-old woman
who had heen habysitting Sawyers girl-
friend's two children, had drugged them to
keep them quiet. There was a quarrel, dur-
ing which the two men attacked Arwood
and knocked her unconscious, They poured
lighter fuel on her and set her on fire, al-
though it is not clear whether this was he-
fore or after she became unconscious,

Sawyer and Lane were found guilty of
her murder in 1980. Sawyer could not afford
counsel, and had to he defended by a lawer
appointed by the state; he was sentenced to
execution in the electric chair, Lane paid for
his own defence and was sentenced, by a
different court. to life imprisonment.

The appeal I attended centred on wheth-
er the particular scalp electrode used with
the electric chair at the Louisiana State pen-
tentiary at Angola was defective,

John Webster, professor of electrical and
computer science at Michigan University,
had tested the electric chair at Angola, and

NEW ORLEANS TIMES-PICAYUNE.

® poilte argument about the weans of his execution

had built a model of it. made of chamois
leather — to imitate the skin — and wood,
to have the same high resistance as the
skull. He showed there would he a “leading-
edge” effect which would distort the flow of
current and delay its arrival in the brain. He
calculated that it would take at least 7.5
seconds for the brain to be heated up long
enough for death to result,

Dr John Morse. of Auburn University,
had previously inspected the electric chairs
in Alabama and Florida. He too had tested
the one at Angola which was to he used to
execute Robert Sawyer. in his test. a hath of
Salt water was used as an electrical model of
the human body: the salt solution is meant
to reflect accurately the composition of hu-
man body fluids. The electrician who assist-
ed with the test said in evidence that he
weighed out the salt in the palm of his hand
and estimated the volume of water in the
bath by eye. Dr Morse showed a videotape
of the testing. He made recommendations
about improving the procedure for testing
and using the electric chair, but was satis-
fied that it was entircly effective. even with-
ont his recommendations being carried out

The electric chair at Angola had also
been checked by Roland Braude, who was
in charge of electrical installations at the
prison. He testified that he had never seen
burning, “arcing” (a spark flashing between
electrodes) or smoke, or smelled burning, at
any of the 19 executions he had witnessed.

In reply, Sawyer’s lawyers called a num-
ber of witnesses who had been present when
this electric chair had been used. The Rev-
erend John Brown said he had scen smoke
when the current was turned on during the
execution of a man called Robert Williams,
John de Meurs, formerly a journalist, had
seen a condemned person “inflating”, and
smoke rising “like a chimney” when the cur-
rent was turned on. The sister of another
executed prisoner, Wayne Felde, had no-
ticed several burns on his left ear, a hole
punched out of the skin of his scalp and
widespread burns when she laid out his
body. She was a nurse: the judge asked if
she had reported her observations to the
authorities, She said she had, but nothing
had happened. Johnny Robinson and Mi-
chael Lewis reported severe burns on the
bodies of Alvin Moore and William Watson
when they had emhalmed them after execu-
tion, Funeral home managers Artie House
and Billy Henry reported extensive burns
on two other bodies.

Meanwhile, Sawyer sat listening to the
discussion about legal procedures, electrical
theory, edge effects, and the technicalities
of the electric chair, He seemed unable to
understand the proceedings, or what they
meant for him. But his sister and her hus-
band, who is an electrical engineer, under-
stood exactly.

On the morning of Friday 25 January,
before the the day's proceedings started,
Nick Trenticosta pointed out to the judge
that Sawyer had had no food or water since
midday the day before; nobody, it seemed,
had made any provision for him. He had not
shaved or bathed, and had had to sleepona
concrete floor. The judge listened to the
statement, and immediately procceded with
the hearing.

ROBERT SAWYER has been on Death
Row since 1980. Like 31 others in Louisiana,
if his appeals fail he will go to the electric
chair without the choice of death by intrave-
nous injection, although this option is open
to anyone sentenced since | January.

The Lovola Death Penalty Resources
Center and Sawyer's sister told me that in
Louisiana all condemned prisoners were
kept in cells between 5x8ft and 6x9ft for 23
hours a day. They can watch television
through windows in their cells, They are al-
lowed out into a “dog-run” for one hour a
day, but this hour may be at any time of the
day or night, without notice. Their wrists
and ankles remain shackled. During this
time, they may try to exercise, they may tele-
phone their relations, they may attend to
their toilet. and they may talk to each other,
Relatives and other visitors may talk to a
condemned prisoner only through a window
covered by wire. They may not give anything
to the prisoner directly, but must leave it
with the prison authorities, Reading materi-
al may be censored. Even close relatives are
nat allowed to have any physical contact
with a condemned prisoner until 72 hours
before execution.

On Saturday 26 January, Judge Mentz
listened to the lawyers on both sides for an
hour. He then dismissed the appeal. A date
for the execution is to be fixed. On that
date. unless another appeal intervenes,
2.4) volts with a current of eight amperes
will be passed through Robert Sawyer by
the US government until the doctors decide
he is dead,

On the day the appeal was dismissed. the
lawyers of the Lovola Death Penalty Re-
sources Center started work on three other
capital cases.

O The author ts director of the Unit: Labora
tory of Applied Neurobiology at the Universin:
of Surrey

MAYBE HE SHOULD'’Y.

PAID THAT FINE!

THE FELLOW in Ocean View, Del-
aware, is probably having some sec-
ond thoughts concerning his problems
with the local constabulary. After all,
there are worse things than receiving
a traffic ticket—or so he found out the
hard way.

According to Chief Dennis O’Mal-
ley, the 48-year-old defendant went to
the police station on Saturday eve-

ning, March 16, 1991, to argue with °

the chief concerning tickets for some
traffic violations issued to the man’s
daughter.

The argument waxed hot and heavy
for a while. Then, the suspect is ac-

cused of having gotten into his pickup
truck and having run over O’Malley.
O’Malley shot at the suspect, who
suffered a flesh wound. The Ocean
View authorities also report that the
man was Cut by flying glass.
O’Malley’s injuries were far more
serious. He suffered two broken legs
and unspecified internal injuries.
The irate suspect may yet get the
worst of the confrontation, though.
He has been charged with attempted
murder and the possession of a deadly
weapon—the truck.
When this report was filed, he was
awaiting further court action. O00

HOT SEAT HARDLY SIZZLES,

FEDERAL JUDGE DECLARES!

IT MAY NOT be the world’s
most comfortable piece of furni-
ture, but its use does not rep-
resent cruel and unusual pun-
ishment. That's the decision of
the United States District Court
Judge Henry Mentz.

Mentz turned down the move
to block the execution of Robert
Wayne Sawyer in Louisiana's
electric chair on Saturday, Jan-
uary 26, 1991. In denying the
defense motion, the judge ruled
that the electric chair does not
necessarily burn and mutilate
the people it kills. Nonetheless,
Judge Mentz did give Sawyer’s
lawyers time to appeal the deci-
sion.

Sawyer was sentenced to
death by electrocution in the
1979 torture death of 29-year -
old Frances Arwood of Avon-
dale, Louisiana. The victim had
been beaten, raped, and
burned alive.

Sawyer was one of a number
of death row inmates who have
argued unsuccessfully that
electrocution represents cruel
and unusual punishment. The
oddity in Sawyer's position, ac-

cording to an executive of the
Loyola Death Penalty Resource
Center, was that his petition
marked the first time a con-
demned man ever questioned
an electric chair’s design.
Annette Viator, chief counsel
for Louisiana's correction de-
partment, noted that she was
not surprised by the federal
judge’s decision. Said Viator,
“We never thought that an elec-
trocution could be carried out
without some burning. We
don’t believe it is excessive.”

60606

“THE COMPETITION
CAN BE MURDER!’

MAKING THE cheerleading squad in
the Independent School District of
Channelview, Texas, can prove to be
the ultimate exercise in unfair competi-
tion. At least that’s the allegation being
leveled by police officers of the small
Lone Star State community.

As they-reconstruct the events sur-
rounding the tryouts for Johnson High
School cheerleader candidates, the
lawmen report that to say those events
led to attempted murder is not the
slightest exaggeration.

The officers allege that the 36-year-
old mother of one of the teenage hope-
fuls came up with what she thought
was a Surefire plan to assure her
daughter a place among the elite
group. The mother put the project into
motion by approaching a man whom
she allegedly took to be a hitman and
trying to hire him to kill the mother of
her daughter’s chief rival for the open
cheerleading spot. (Both candidates
were 13 years old.)

The police claim that the alleged
motive was the suspect’s belief that if
the rival’s mother were done away
with, then the girl would be too dis-
traught to continue in the competition.

‘The “hitman” the woman selected
and paid $7,500 to was alleged to be an
undercover cop.
~ After a three-week investigation, the
overly-competitive woman was ar-
rested in her home. She was charged
with solicitation of capital murder. At a
hearing on Thursday, January 31, 1991,
she was released on $1,000 bail, pend-
ing further court action.

At this point, the woman was only
charged in this case. She has the con-
stitutional right to be presumed inno-
cent until and unless proven otherwise
under due process of law. 0660

Inside Detective 7


4 weneiondan geneity omens

Supreme ¢ Court turns down
appeal by death-row inmate

By BILL WALSH
and BRUCE ALPERT
Staff writers

Thirteen years after the grisly
murder of an Avondale woman,
the U.S. Supreme Court Monday
unanimously rejected the appeal
of death-row inmate Robert W.
Sawyer.

The court also oe warning

to federal judges to grant appeals
only sparingly to prisoners who
have made repeated appearances

in federal court to appeal their |

cases.

The decision appears to extend
the court’s growing string of
opinions making it more difficult
for death row inmates to appeal
repeatedly,

Sawyer, 41, and cs Lane

=
i)

were convicted in the Sept. 29,
1979, murder of 23-year-old

Frances Arwood, who was baby-
sitting in Gretna for children be-

longing to Sawyer’s girlfriend.

- In a drunken rampage, the two
men beat and kicked Arwood,’
poured scalding water and coffee
grounds on her body, doused her

Sep APPEAL, A-6
a : 4

| TUG IY) ( Tune 23, 14 ja re! TRB TCAY OME

Death row appeal —
is rejonees by court:

——

wenn

(June 22,142 A-b

eet ea ae

t
|
“*
4

* set her on fire. Arwood
' lived.in a coma for two

. got the death penalty.

Appeal —

From Pine 1

with lighter fluid and

months.

Lane was sentenced
to life in prison. Sawyer .

Sawyer’s attorneys pre

that jurors never heard key evi- ‘

“Ym lel with the
Supreme Court deci-

- gion,” Pendergast said.
''“Eyery judge I have
“ever been before on this
case has called it one of
the most heinous tor-
ture crimes that has
ever been before them.”

Should Sawyer be
given a new execution
date, his case will again
Ne reviewed by the state pardon
board. Sawyer’s attorney said he

dence about his brain injury and hopes - ‘to have better-luck per-

mental retardation. They told the ,:

state pardon board last Noveni;é \
ber that Sawyer had an IQ of 68°
— compared to a normal IQ of
100 — and suffered from a brain
deficiency that made it difficult
for him to control rage.

The board voted 3-2 to com-.
mute Sawyer’s sentence to life in
prison, but then-Gov. Buddy -

Roemer rejected that recommen- .

dation.

“It has been so hard on the-
family,” said Virginia Smith, 68,
the victim’s mother. “I think the.
Supreme Court has done’ the

right thing. They (the courts) i

have been so generous in letting
this go on, and it’s‘time it
ended.”

She said death is the “right
penalty” for such a “heinous

_ crime.”

Dorothy A. Pendergast, assis--
tant Jefferson Parish district at-
torney, said Sawyer will have 25
days to apply for a rehearing, and
if it is, as expected, denied, the
district court could set a date for
his execution.

. suading Gov.' Edwatds to com-
mute the death sentence than he
did with Roemer.’ v

“When he was governor before,

. he took all death row cases very

seriously,” said Nicholas Trenti-

. costa of the Loyola. University

Death Penalty Resource Center.

’ Sawyer has been given execu-

-tion dates seven times, and was
‘to be the first Louisiana prisoner

executed by lethal injection be-

fore the Supreme Court stepped

in Nov. 15, just hours before he
‘was scheduled to die.

The issue raised by Sawyer’s

‘case was the standard that fed-
eral judges should use in granting
. hearings to prisoners whose ini-
“tial rounds of appeals in federal

court have failed.

Previous: court rulings said
that repeated appeals should be
rejected unless there is a ‘“show-
ing of actual innocence.”


sitter by beating her and:setting » Louisiana . State Penitentiary

~her on fire was scheduled to die -. death house. Thursday morning, .
early today in Louisiana's’ first .

- execution by injection. scte<: 5,
“The U.S. Supreme. Court’ Wass

_ asked .to stop the execution of
Robert Wayne Sawyer..: :

Gov. Buddy ‘Roemer. rejected
the pardon board's recommenda-

_a combination of three drugs: so-::

‘ tion ‘and rohiced to ame the.
-sentence to life i in prison. Sah Hi

Sawyer, 41,’ was moved to the”

and his sister and brother-in-law

. came to spend the day with hin:
‘Warden John Whitley said.

ig!

Louisiana is the: 19th state tos .
adopt lethal injection. It is using |,

_ Louisiana : sets first execution by inj jection.

»t ANGOLA; “La. - -(AP) “Lo ‘A Te-.
“tarded man convicted of Taping .,
“Sand. killing ‘his girlfriend's baby *.”

Se bora je sah er RR eS 3 fey
unconsciousness, pancuroriiny:
bromide .to: stop» breathing,‘ ‘and ”
potagsfiim.* chloride ~td,-Stop, the %

heart: ahd ae BE whee Teldec = ¥ it . ie

It ould: ‘bee Louisiana’s: tneth | f

execution: sincé'-19417. when: the
» states changed -from:-the - hang-:
“man’s noose to the ele¢tric chair..

- Sawyer was convicted: of ‘kill-
ing 23-year-old Frances Arwood:

, . of Gretna, who.was -baby-sitting
: diam ¢ cpentothal fa produce | ¥ roe bis girlfriend, NMS esetete bo
: ceria ey caer ae! t. ANG

Fie Gass Ca!

|

Usa | Tovey N ys

3A-|

" Auvsans ER Hotes Ay
(c

(I-15

on re ah vin Se Vr Ng ety F |

A- 2/4)

EXECUTIONS HALTED: The Florida Supreme Court |

' adopted a new standard that will make it easier for courts
to halt executions on a claim of new evidence. New evi-
dence no longer must “conclusively” show innocence, only

. “probability” of it. The justices ordered a hearing for Leo
_ Jones, who was to be electrocuted today. The U.S. Supreme
|. Court halted the execution today of Robert Sawyer, ‘Louisi-" °; |

-. ana’s first execution since.switching from. electrocution to i |

injection. A Rearing was ordered. a is claim of) Innocence.’

94)


304 172 FEDERAL SUPPLEMENT

As these grounds were determined to be
without merit on. Sawyer’s. first petition,®
Sawyer must make a colorable showing of
factual innocence to avoid the bar.

In support of Claims 3 and 5, Sawyer
submitted an affidavit from. Dr. Harold
Hillman, Director of the Unity Laboratory
in Applied Neurology at the University of
Surrey, England, who opines. that. electro-
cution ‘is intensely painful. Sawyer. also
cites various cases and macabre. newspaper
accounts of electrocution, as well as profes-
sional treatises on the subject of electrocu-
tion. In addition, Sawyer submitted a post-
execution photograph of Robert Wayne
Williams. The 1983 photograph . shows
burns on Williams’ head and leg. This
evidence relates only to Sawyer’s: death
penalty, and has no bearing on his factual
guilt or -innocence. Therefore, the Court
finds that the ends of justice would not be
served by a redetermination of this issue,
and Claims 3 and 5 are barred under Rule
9(b) as successive claims.

B. Abuse of the Writ

[5,6] When a claim: is raised for the
first time in a second federal habeas peti-
tion, the Court must examine the claims for
abuse of the writ. Sanders, 373 U.S. at 17,
93 S.Ct. at 1078. Under the abuse of writ
doctrine, the new claims may be dismissed
on the ground that the petitioner failed to
raise the claims in his earlier petition
through inexcusable neglect. See Moore v.
Butler, 819 F.2d 517, 519 (5th Cir.), cert.
denied, 482 U.S. 920, 107 S.Ct. 3201, 96
L.Ed.2d 688 (1987) (quoting Jones v. Es-
telle, 722 F.2d 159, 163 (5th Cir.1983) (en
banc), cert. denied, 466 US. 976, 104 S.Ct.
2356, 80 L.Ed.2d 829 (1984)). The Supreme
Court recently clarified that the standard
for abuse of the writ through inexcusable
neglect is “cause and prejudice”. See
McCleskey v..Zant, — U.S. —, 111 S.Ct.
1454, 1470, 113 L.Ed.2d 517 (1991). Once
the state pleads with clarity and particular-
ity that the petitioner has abused the writ
through jnexcusable neglect, the burden
then. shifts to the petitioner to show a

8. The district court ruled that the grounds for
relief raised on Claim XV were conclusory in
nature, and that Sawyer offered no fact or law

cause which excuses his failure to include
the new claim in his first petition and actu-
al prejudice resulting from: the. omission.
Id. vhost!

[7-9] Cause requires a showing that
the failure to file the claim in the first
petition was due to some objective factor
such as interference by officials which
made filing the claim impracticable, reason-
able unavailability of the factual or legal
basis for the claim, and constitutionally
ineffective assistance of counsel.’ Id. (quot-
ing Murray v. Carrier, 477 U.S. 478, 488,
106 S.Ct. 2639, 2645, 91 L.Ed.2d 397 (1986)).
The court must examine “whether petition-
er possessed, or by reasonable means could
have obtained, a sufficient basis to allege a
claim in the first petition and pursue the
matter through the habeas” “process.”
McCleskey, — U.S. at ——, 111°8.Ct. at
1472. Prejudice ‘requires a showing of ac-
tual prejudice amounting to a denial of
fundamental fairness. Murray, 477 USS.
at 494, 106 S.Ct. at 2648. “Because the
petitioner must show both cause and preju-
dice, a court need not consider whether .

there-is actual: prejudice to: the petitioner

wherhe has failed to show cause. McCles-
key, — US. at —, 111 S.Ct. at 1474
(citing Murray, 477 US. at 494, 106 S.Ct.
at 2649.) However, even where the peti-
tioner is unable to show cause, he may still
avoid the bar to his new claim if he shows
that a “fundamental miscarriage of justice
would result from a failure to entertain the
claim.” McCleskey, — U.S. at —, 111
S.Ct. at 1470. This exception to the cause
requirement exists where the “constitution-
al violation has probably resulted in. the
conviction of one who is actually innocent.”
Murray, 477 U.S. at 496, 106 S.Ct. at 2649.

In the case at bar, the State has ‘suffi-
ciently pled. abuse’ of the writ. Sawyer’s
prior writ history reveals that the present

petition raises three new claims: 1) Claim 2 —
alleges that Sawyer was incompetent to:

proceed to trial and’ that this: fact would =

have ‘been* discovered ‘but for ‘the jnade-
quate psychiatric evaluation rendered by 4

to justify their consideration. This was a deter- °°
which Sawyer did >not ~-

mination on the merits, '
appeal. Lngempp cient onts

+s nyc
PAID PA BE

the sanit
that Lou
designed
tilation <
are suct
caused «
Claim 6
exculpat
show ‘a
these -c
petition.
Claim“
[10]
ing as t
his firs'
the que
raised ]
basis t
first hz
yer ha:
cence *
riage. ¢
quirem
under

Claim
Defect
* (11)
cealed
1983,
fects
While
ment,
maint
on the
cutior
cutior

In :
signi
ence
ing.
ple v
after
habe
vits
ana’:
elect

* seric

fer’:
chat .
darc

9. \

s fa..... to include
t petition and actu-
‘rom. the.omission.

s a showing that
claim in the first
ne objective factor :
yy Officials Which |

practicable, reason- ~ ~

ie factual or legal
nd constitutionally
counsel. Jd. (quot-
477 US. 478, 488,
1.1d.2d 397 (1986)). ©
“whether petition-

mable means could <3)

it basis to allege a
m and pursue the
habeas process.”
—, 111 S.Ct. ‘at
; a showing of ac-
g to a denial of
Murray, 477 US.

48. Because the

on cause and preju- :
con whether ©”
to wuic petitioner *
wcause. McCles- .
11 S.Ct. at 1474 -
at 494, 106 S.Ct. .
1 where the peti-
ause, he may still

claim if he shows — ae.

arriage of justice
e to entertain the

U.S. at —:111

tion to the cause _

the “constitution-

r resulted in.the
ctually innocent.” «
106 S.Ct. at 2649.
State has suffi- ==
writ. Sawyer’s «~~
that the present ~~
laims: 1) Claim'’2* ©
| incompetent to
this fact would
t for the inad
ion’ rendered ‘b

. This was a deter=:
ich £ ~—s r_ didnot;

WR

SAWYER v. WHITLEY 305
Cite as 772 F.Supp. 297 (E.D.La. 1991)

the sanity commission; 2) Claim 4 alleges
that Louisiana’s electric chair is defectively
designed so that it causes unnecessary mu-
tilation and torture, and that these defects
are such that even greater harm may be
caused during future executions; and 3)
Claim 6 alleges that the State withheld
exculpatory evidence. Thus, Sawyer must
show ‘a legitimate cause for failing to file
these claims: in his first federal] habeas
petition. - ...

Claim 2: Competency to Proceed to Trial

[10] Sawyer makes absolutely no show-
ing as to why this claim was not included in
his first petition. There is no dispute that
the question of Sawyer’s competency was
raised prior to his trial. He had sufficient
basis to raise the competency issue on his
first habeas proceeding. In addition, Saw-
yer has not-offered any evidence of inno-
cence to satisfy the fundamental miscar-
riage. of justice exception to the causé’re-
quirement. Accordingly, Claim 2 is barred
under Rule 9(b) as an abuse of the writ.

Claim 4: Louisiana’s Electric Chair is
Defectively Designed -

[11] Sawyer argues that State has con- .
cealed since Wayne ‘Williams’ execution in
1983, that its electric chair has design de-
fects which cause mutilation and torture.
While there is no evidence to show conceal-
ment, it isa fact that Louisiana does not
maintain any maintenance or repair records
on the electric chair, reports about the exe-
cutions, or documentation on the post-exe-
cution condition of the prisoner’s body.

In support of Claim 4, Sawyer submitted
significant evidence that was not in exist-
ence at the time of his first habeas proceed-
ing. This evidence is affidavits from peo-
ple who witnessed executions in Louisiana
after the time Sawyer filed his first federal
habeas petition. These eyewitness affida-
vits are crucial to his claim given Louisi-
ana’s lack of official documentation on the
electric chair and executions. It cannot

‘seriously be‘disputed that Sawyer will suf-

fer actual prejudice if Louisiana’s electric
chair doesnot meet constitutional stan-
dards. As Sawyer.has demonstrated both

9. Wayne Shano called Robert Sawyer ‘Daddy”,

cause and prejudice, the Court finds that
Claim 4 is not an abuse of the writ. The

merits of this claim are discussed in section
IV below.

Claim 6: Failure to Reveal Exculpatory
Evidence.

Sawyer contends that the State hid excul-
patory evidence. Specifically, Sawyer con-
tends that despite a pre-trial request for
“any exculpatory evidence favorable to the
defendant,” the State concealed that: 1) its
key witness, Cynthia Shano, was promised
immunity in exchange for her testimony;
2) Wayne Shano, the four-year-old son of
Cynthia Shano, told a police detective that
Sawyer did not set Arwood on fire and
tried to stop Lane from doing so; 3) Cyn-
thia Shano knew Charles Lane prior to the
commission of the crime; and 4) Cynthia
Shano lied when she testified at trial that
She does not drink.

_ [2] . The evidence supporting Sawyer’s
allegation that Shano was promised immu-
nity is seven affidavits from people who
know her stating that she either told them
or told someone else who repeated to them
that. she made a deal with the State to
testify against Sawyer in order to save
herself. Likewise, an affidavit is the sup-
porting evidence for Sawyer’s allegation
that Wayne Shano exculpated Sawyer. Di-
ane Thibodeaux, a close friend of Cynthia
Shano, states in her affidavit that she was
present when the police detective inter-
viewed Wayne Shano, and that Wayne said
“daddy tried to help the lady” ® and that
the “other man” had lit Arwood on fire.
The evidence supporting Sawyer’s claim
that Cynthia Shano knew Charles Lane pri-
or to the murder is a 1981 letter from
William Rausch to Shano. At that time
Rausch was a prisoner at the Jefferson
Area Community Correction Center. In his
letter he states that he spoke with Charles
Lane in prison and Lane indicated that he
was a good friend of Shano’s. Finally, the
evidence supporting the claim that Shano
lied on the stand about. her drinking con-
sists of the prosecutor’s handwritten. notes
for his direct'examination of Detective Geil-

but Sawyer was not Wayne's father.”


306

ing which indicate that the investigating
detective smelled the odor of. alcohol on
Shano’s breath...

Sawyer offers no explanation for failing
to produce this evidence on his first federal
habeas petition. The legal and factual sup-
port for this claim was reasonably available
at the time of Sawyer’s first petition.
There is no reason why the affidavits in
support of this claim could not have been
obtained earlier. With respect to the evi-
dence that Lane knew Shano before the
murder, the letter. from Rausch to Shano
was available from the District Attorney,
who gave open file discovery to Sawyer’s
first habeas counsel. Likewise, the notes
regarding the odor of alcohol on_ Cynthia
Shano’s breath could have been found in

the District Attorney’s files. :

{13] Sawyer ‘does not allege that his
first habeas counsel was constitutionally
ineffective for failing to investigate and
obtain this evidence. The Court neverthe-
less addresses the issue here in the interest
of avoiding any further delays. In order to
demonstrate ineffective assistance of coun:
sel, a petitioner must show that his coun-
sel’s performance is ‘constitutionally inef-
fective under the standard established in
Strickland v. Washington, 466 U.S. 668,
690, 104 S.Ct. 2052, 2066, 80 L.Ed.2d 674
(1984): (1) that his attorney’s performance
fell below an objective standard of “reason-
ably effective assistance”; and 2) “there is
a reasonable probability that, but for coun-
sel’s unprofessional errors, the result of
the proceeding would have been different.”
Even if Sawyer’s first habeas counsel erred
in failing to obtain this evidence 10, Sawyer
cannot show that he was prejudiced.

(14] It is unlikely that any of this evi-
dence would have supported habeas relief
in the first proceeding because of the un-
likelihood that the evidence -would have

10. The Court makes no finding that Sawyer’s
first habeas counsel rendered less than “reason-
ably effective assistance.”

11. One of the expert affidavits submitted ‘by
Sawyer in support of Claim 4 is the affidavit of
Fred Leuchter. The Court recently readin the
Times-Picayune newspaper that Leuchter was
charged by the State of Massachusetts with

772 FEDERAL SUPPLEMENT

changed the outcome of the trial. See U.S.
v. Agurs, 427.U.S. 97, 96 S.Ct. 2392, 49
L.Ed.2d 342 (1976) (to obtain relief for a
failure to. reveal exculpatory evidence it
must be shown that the suppressed evi-
dence would have an effect on the outcome
of the trial.) There is substantial evidence
that the State did not offer Shano a deal
for immunity, see affidavits of Cynthia Sha-
no’ and former District Attorney, Phillip
Boudesque, and that Wayne Shano impli-
cated his father when he was questioned
by the police detective, see police report of
Detective Paul E. Livaudais. In addition,
the letter from Rausch to Shano is dated
January 27, 1981, subsequent to Sawyer’s
September, 1980 -trial and conviction.

Thus, the State did not have any knowl-
edge of the letter at the time of Sawyer’s

trial. With respect to the odor of alcohol

on Shano’s breath, there was other evi-

dence of. Shano’s drinking that.could have

been used to impeach her, see Police Re-

port, and, in any event, it is highly unlikely

that such evidence would have effected the
outcome of the trial given the overwhelm-
ing evidence of Sawyer’s guilt.

Thus, Sawyer has not shown cause for
failing’ to present ‘this claim in his prior
petition. Sawyer also has failed to: show
that a fundamental miscarriage of justice
will result if the Court does not rule on the

merits of Claim 6. The evidence of Saw-.. .

yer’s guilt is so overwhelming that. even
considering the allegedly exculpatory -evi-
dence, it cannot be said that the alleged
failure to reveal that evidence resulted in
the conviction of an innocent man. ..

IV.

(15] After reviewing the pleadings, the
Court determined that an evidentiary hear- -
ing on Claim 4 was warranted due to the ©
conflicting affidavits from the parties’, ex-
perts."' At the conclusion of the hearing,

practicing engineering without a license.” ‘See
Times-Picayune,‘June 19, 1991, at A-11.::-The
article-reported that on June 11, 1991;;Leuchter
Signed a consent agreement with the Massachuy#
_Setts board that licenses engineers. stating: ah
_am not and never have ‘been registered as a)
professional engineer” and ‘that: he had -nevér a
_ theless represented himself as an engin

hi dante a i aa ne

AAmeonmrayg

anns .§


utcome of the trial. See U.S.
1.U.S. 97, 96 S.Ct. 2392, 49
1976) (to obtain relief for a
veal exculpatory evidence it
wn that the suppressed evi-
ave an effect on the outcome
There is substantial evidence
| did not offer Shano a deal
see affidavits of Cynthia Sha-
x District Attorney, Phillip
id that Wayne Shano impli-
er when he was questioned |
ietective, see police report of |
| E. Livaudais. In addition, |
n Rausch-to Shano is dated E
181, subsequent to Sawyer’ s

980 .trial and conviction.

did not have any knowl-

ter at the time of Sawyer’s
spect to the odor of. alcohol
eath, there was other evi- a
”’s drinking that.could have
mpeach her, see Police Re-
ye\ it is highly unlikely
nce .._..d have effected the:
-trial given the overwhelm-
' Sawyer’s. guilt.

r has not shown cause for
ent this claim in his prior
er also has failed to: show
ntal miscarriage of justice
: Court does ‘not rule on the
1 6. The evidence of Saw-. |
0 overwhelming that.even »
allegedly exculpatory evi- — ;
t be said that the alleged 7
1 that evidence resulted in =
f an innocent man. .. a

IV.
viewing the pleadings, the
d that an evidentiary: hear-
was warranted due to the
avits from the parties’. ex-
conclusion of the hearin

-ering without a licedse.”
‘June 19, 1991, at A-11.52:

lice: " ngineers statin,
er h een registered %
neer” and that he had ; ne

SAWYER v.

WHITLEY 307

Cite as 772 F.Supp. 297 (E.D.La. 1991)

the Court found that Louisiana’s electric
chair meets constitutional standards.. The
Court rendered oral reasons and advised
the parties that written reasons would fol-
low in this opinion. The Court’s reasons
are set, forth below.

The issue presented in Claim IV is
whether the electric chair used by the State
of Louisiana is defectively designed in such
a manner that execution in the chair will
result in unnecessary pain and suffering in
violation of the Eighth Amendment of the
United States Constitution, which’ pro-
scribes cruel and sisal punishment.
Any argument that execution by electrocu-
tion is unconstitutional per se is foreclosed
by legal precedent. See e g, In’ re
Kemmler, 136 U.S. 436, 10 S.Ct. 930, 34
L.Ed. 519 (1890); Louisiana, ex rel. Fran-
cis v. Resweber, 329°U.S. 459, 463, 67 S.Ct.
374, 376, 91 L.Ed. 422 (1947).

Louisiana’s electric chair uses head and
leg electrodes to deliver current to the pris-
oner’s body. The purpose’of the head elec-
trode is to deliver current directly to the
brain to,-render. the prisoner. unconscious
and block his ability to feel pain. The
evidence is that electrocution in Louisiana’s
electric chair can cause some blistering and
burning.in the areas where the electrodes
are strapped to the head.and legs. There
are two aspects of the design of the chair
that are responsible for the burning: 1) the
elongated shape of the head electrode ac-
centuates the leading edge effect, which
causes current density between the end of
the head electrode and the ear!*; and 2)
some resistance is created by air in the
natural cavities of the sponges placed be-
tween the electrode and the prisoner’s skin.
These conditions create electrical resistance
and thereby result in some electricity being

several dealings with various states that use the
death penalty. The agreement also required
Leuchter to stop disseminating the “Leuchter
Report” in which he purports to be an engineer
and offers the view that the gas chambers in
Nazi concentration camps were never used for
mass killings. /d.

Leuchter’s affidavit in the case at bar states:
“I have been involved in electrical engineering
work for:26 years.” Interestingly, although
Sawyer relied to a great extent on Leuchter’s
affidavit in his petition for habeas corpus, he
did not call Leuchter as a witness at the eviden-

channelled away from the brain. There
was also testimony that the placement of
the leg electrodes near the knee and shin in
a thin skin area could cause burning.

Sawyer’s expert, Dr. John Webster, con-
cluded that these tonditions resulted in un-
necessary burning and mutilation. The
State’s expert, Dr. Michael Morse, conclud-
ed that while a circular head electrode
would be an improvement to the elongated
shape, the. difference is not significant be-
cause .enough current still reaches the
brain. to render the prisoner unconscious.
Morse further testified that despite the air
in the sponge, the resistivity of the natural
sponge isa proper level to. carry out a
humane execution. . He also testified that it
was advisable to wring out,the sponge in
order to prevent moisture. from dripping
onto the electrode straps. .Both experts
agreed that the leg straps should be very
secure to prevent arcing.

-The fact that the design of Louisiana’s
electric chair is subject’ to improvement,
does. not necessarily mean that an execu-
tion in the chair will not meet constitutional
standards. To meet constitutional muster,
an execution, as much as humanly possible,
should minimize the risk of unnecessary
pain, violence and mutilation. : See Glass v.
Louisiana, 471 U.S. 1080, 1086, 105 S.Ct.
2159, 2163, 85 L.Ed.2d 514 (1985). “The
State is not required to employ the most:
modern state of the art technology in im-
plementing the death penalty or to foresee
and meet every problem which conceivably
could ever arise during an execution.”
Buenoano v. Dugger, 1990 WL 119637
(M.D.Fla. June 22, 1990) (citing Glass, 471
U.S. at 1086, 105 S.Ct. at 2168).-

The Court accepts the testimony of the
State’s expert that electrocution in the

tiary hearing, nor did he offer his affidavit as
evidence.

12. The leading edge effect is based on the prin-
ciple that current tries to travel the shortest
“path. The theory as it applies in this case is that
due to the elongated design of the electrode, the
narrow end of the electrode, or the leading
‘edge, is closer to the leg electrode than any
other part of the head electrode resulting in a
- concentration of current -under the leading
edge.


U.S. SUPREME COURT REPORTS

punishment is a policy matter ordi-
narily to be resolved by the legisla-
ture.” Id., at 154. Four years later,
as a member of this Court, I echoed
those sentiments in my separate dis-
senting opinion in Furman v Geor-
gia, 408 US 238, 405, 33 L Ed 2d
346, 92 S Ct 2726 (1972). Although I
reiterated my personal distaste for
the death penalty and my doubt that
it performs any meaningful deter-
rent function, see id., at 405-406, 33
L Ed 2d 346, 92 S Ct 2726, I declined
to join my Brethren in declaring the
state statutes at issue in those cases
unconstitutional. See id., at 411, 33
L Ed 2d 346, 92 S Ct 2726 (“We
should not allow our personal prefer-
ences as to the wisdom of legislative
and congressional action, or our dis-
taste for such action, to guide our
judicial decision.”’).

My ability in Maxwell, Furman,
and the many other capital cases I
have reviewed during my tenure on
the federal bench to enforce, not-
withstanding my own deep moral
reservations, a legislature’s consid-
ered judgment that capital punish-
ment is an appropriate sanction, has
always rested on an understanding
that certain procedural safeguards,
chief among them the federal judi-
ciary’s power to reach and correct
claims of constitutional error on fed-
eral habeas review, would ensure
that death sentences are fairly im-
posed. Today, more than 20 years
later, I wonder what is left of that
premise underlying my acceptance
of the death penalty.

B

Only last Term I had occasion to
lament the Court’s continuing “cru-
sade to erect petty procedural barri-
ers in the path of any state prisoner
seeking review of his federal consti-

292

120 L Ed 2d

tutional claims” and its transforma-
tion of “the duty to protect federal
rights into a self-fashioned abdica-
tion.”” Coleman v Thompson, 501 US
, ‘ , 115 L Ed 2d 640,
111 S Ct 2546 (1991) (dissenting
opinion). This Term has witnessed
the continued narrowing of the ave-
nues of relief available to federal
habeas petitioners seeking redress of
their constitutional claims. See, e.g.,
Keeney v Tamayo-Reyes, 504 US
——, 118 L Ed 2d 318, 112 S Ct 1715
(1992) (overruling Townsend v Sain,
372 US 293, 9 L Ed 2d 770, 83 S Ct
745 (1963), in part). It has witnessed,
as well, the execution of two victims
of the “new habeas,” Warren Mc-
Cleskey and Roger Keith Coleman.

Warren McCleskey’s case seemed
the archetypal “fundamental miscar-
riage of justice” that the federal
courts are charged with remedying.
As noted above, McCleskey demon-
strated that state officials deliber-
ately had elicited inculpatory admis-
sions from him in violation of his
Sixth Amendment rights and had
withheld information he needed to
present his claim for relief. In addi-
tion, McCleskey argued convincingly
in his final hours that he could not
even obtain an impartial clemency
hearing because of threats by state
officials against the pardons and pa-
role board. That the Court permitted
McCleskey to be executed without
ever hearing the merits of his claims
starkly reveals the Court’s skewed
value system, in which finality of
judgments, conservation of state re-
sources, and expediency of execu-
tions seem to receive greater solici-
tude than justice and human life.
See McCleskey v Bowers, 501 US
——, 115 L Ed 2d 1117, 112 S Ct 37
(1991) (Marshall, J., dissenting from
denial of stay of execution).

U.S. SUPREME COURT REPORTS

compelling an innocent man _ to
suffer an unconstitutional loss of
liberty,’ 499 US, at ——, 113 L Ed
2d 517, 111 S Ct 1454 (quoting Stone
v Powell, 428 US 465, 491-492, n 31,
49 L Ed 2d 1067, 96 S Ct 3037
(1976)). Although the District Court
granted relief to McCleskey on his
claim that state authorities deliber-
ately had elicited inculpatory admis-
sions from him in violation of his
Sixth Amendment right to counsel,
see Massiah v United States, 377 US
201, 12 L Ed 2d 246, 84 S Ct 1199
(1964), and excused his failure to
present the claim in his first federal
habeas petition because the State
had withheld documents and infor-
mation establishing that claim, see
499 US, at —— -——,, 113 L Ed 2d
517, 111 S Ct 1454, the Court con-
cluded that McCleskey lacked cause
for failing to raise the claim earlier.
Id., at ——, 113 L Ed 2d 517, 111 S
Ct 1454. More important for our
purposes, the Court concluded that
the “narrow exception” by which
federal courts may “exercise [their]
equitable discretion to correct a mis-
carriage of justice” was of “no avail”
to McCleskey: the ‘Massiah viola-
tion, if it be one, resulted in the
admission at trial of truthful incul-
patory evidence which did not affect
the reliability of the guilt determina-
tion.” Ibid. The Court refused to
address Warren McCleskey’s claim
of constitutional error, and he was
executed on September 24, 1991.

The Court today takes for granted
that the foregoing decisions correctly
limited the concept of a “fundamen-
tal miscarriage of justice” to “actual
innocence,” even as it struggles, by
ignoring the “natural usage of those
words” and resorting to “analog{s],”
see ante, at ——, 120 L Ed 2d, at
280-281, to make sense of “‘actual inno-

290

120 L Ed 2d

cence” in the capital context. I con-
tinue to believe, however, that the
Court’s “exaltation of accuracy as
the only characteristic of ‘fundamen-
tal fairness’ is deeply flawed.”
Smith, 477 US, at 545, 91 L Ed 2d
434, 106 S Ct 2661 (Stevens, J., dis-
senting).

As an initial matter, the Court’s
focus on factual innocence is incon-
sistent with Congress’ grant of ha-
beas corpus jurisdiction, pursuant to
which federal courts are instructed
to entertain petitions from state
prisoners who allege that they are
held “in custody in violation of the
Constitution or laws or treaties of
the United States.” 28 USC § 2254(a)
[28 USCS § 2254(a)]. The jurisdic-
tional grant contains no support for
the Court’s decision to narrow the
reviewing authority and obligation
of the federal courts to claims of
factual innocence. See also 28 USC
§ 2243 [28 USCS § 2243] (“The court
shall . .. dispose of the matter as
law and justice require’). In addi-
tion, the actual innocence standard
requires a reviewing federal court,
unnaturally, to “function in much
the same capacity as the state trier
of fact”; that is, to “make a rough
decision on the question of guilt or
innocence.” Wilson, 477 US, at 471,
n 7, 91 L Ed 2d 364, 106 S Ct 2616
(Brennan, J., dissenting).

Most important, however, the fo-
cus on innocence assumes, errone-
ously, that the only value worth
protecting through federal habeas
review is the accuracy and reliabil-
ity of the guilt determination. But
“{ojur criminal justice system, and
our Constitution, protect other val-
ues in addition to the reliability of
the guilt or innocence determina-
tion, and the statutory duty to serve
‘law and justice’ should similarly

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

reflect those values.” Smith, 477 US,
at 545, 91 L Ed 2d 434, 106 S Ct
2661 (Stevens, J., dissenting). The
accusatorial system of justice
adopted by the Founders affords a
defendant certain process-based pro-
tections that do not have accuracy of
truth-finding as their primary goal.
These protections—including the
Fifth Amendment right against com-
pelled self-incrimination, the Eighth
Amendment right against the impo-
sition of an arbitrary and capricious
sentence, the Fourteenth Amend-

ment right to be tried by an impar-

tial judge, and the Fourteenth
Amendment right not to be indicted
by a grand jury or tried by a petit
jury from which members of the
defendant’s race have been system-
atically excluded—are debased, and
indeed, rendered largely irrelevant,
in a system that values the accuracy
of the guilt determination above in-
dividual rights.

Nowhere is this single-minded fo-
cus on actual innocence more mis-
guided than in a case where a defen-
dant alleges a constitutional error in
the sentencing phase of a capital
trial. The Court’s ongoing struggle to
give. meaning to “innocence of
death” simply reflects the inappro-
priateness of the inquiry. See Smith,
477 US, at 537, 91 L Ed 2d 434, 106
S Ct 2661; Adams, 489 US, at 412, n
6, 103 L Ed 2d 435, 109 S Ct 1211;
ante, at ——, 120 L Ed 2d, at 280-
281. “Guilt or innocence is irrelevant
in that context; rather, there is only a
decision made by representatives of
the community whether the prisoner

shall live or die.”” Wilson, 477 US, at
471-472, n 7, 91 L Ed 2d 364, 106 S
Ct 2616 (Brennan, J., dissenting).
See also Patchel, The New Habeas,
42 Hastings LJ 941, 972 (1991).

Only by returning to the, federal
courts’ central and traditional func-
tion on habeas review, evaluating
claims of constitutional error, can
the Court ensure that the ends of
justice are served and that funda-
mental miscarriages of justice do not
go unremedied. The Court would do
well to heed Justice Black’s admoni-
tion: “it is never too late for courts
in habeas corpus proceedings to look
straight through procedural screens
in order to prevent forfeiture of life
or liberty in flagrant defiance of the
Constitution.” Brown v Allen, 344
US 443, 554, 97 L Ed 469, 73 S Ct
397 (1953) (dissenting opinion).?

II
A

When I was on the United States
Court of Appeals for the Eighth Cir-
cuit, I once observed, in the course
of reviewing a death sentence on a
writ of habeas corpus, that the deci-
sional process in a capital case is
“particularly excruciating” for some-
one “who is not personally convinced
of the rightness of capital punish-
ment and who questions it as an
effective deterrent.” Maxwell v
Bishop, 398 F2d 138, 153-154 (1968),
vacated, 398 US 262, 26 L Ed 2d 221,
90 S Ct 1578 (1970). At the same
time, however, I stated my then be-
lief that ‘“‘the advisability of capital

2. Notwithstanding my view that the Court
has erred in narrowing the concept of a “fun-
damental miscarriage of justice” to cases of
“actual innocence,” I have attempted faith-
fully to apply the “actual innocence” stan-
dard in prior cases. See, e.g., Dugger v Adams,

489 US 401, 424, n 15, 103 L Ed 2d 435, 109 S
Ct 1211 (1989) (dissenting opinion). I therefore
join Justice Stevens’ analysis of the “actual
innocence” standard and his application of
that standard to the facts of this case. See

post.
291

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

The execution of Roger Keith
Coleman is no less an affront to
principles of fundamental fairness.
Last Term, the Court refused to re-
view the merits of Coleman’s claims
by effectively overruling, at Cole-
man’s expense, precedents holding
that state court decisions are pre-
sumed to be based on the merits
(and therefore, are subject to federal
habeas review) unless they explicitly
reveal that they were based on state
procedural grounds. See Coleman,
501 US, at ——-——, 115 L Ed 2d
640, 111 S Ct 2546 (dissenting opin-
ion). Moreover, the Court’s refusal
last month to grant a temporary
stay of execution so that the lower
courts could conduct a hearing into
Coleman’s well-supported claim that
he was innocent of the underlying
offense demonstrates the resounding
hollowness of the Court’s professed
commitment to employ the “funda-
mental miscarriage of justice excep-
tion” as a “safeguard against com-
pelling an innocent man to suffer an
unconstitutional loss of liberty.”
McCleskey v Zant, 499 US, at ——,
113 L Ed 2d 517, 111 S Ct 1454
(internal quotation omitted). See
Coleman v Thompson, 501 US ——,
115 L Ed 2d 640, 111 S Ct 2546 (1992)
(opinion dissenting from denial of
stay of execution).

As I review the state of this
Court’s capital jurisprudence, I thus
am left to wonder how the ever-
shrinking authority of the federal
courts to reach and redress constitu-
tional errors affects the legitimacy of
the death penalty itself. Since Gregg
v Georgia, the Court has upheld the
constitutionality of the death pen-
alty where sufficient procedural safe-
guards exist to ensure that the
State’s administration of the penalty
is neither arbitrary nor capricious.

See 428 US 153, 189, 195, 49 L Ed 2d
859, 96 S Ct 2909 (1976) (joint opin-
ion); Lockett v Ohio, 4388 US 586,
601, 57 L Ed 2d 973, 98 S Ct 2954
(1978). At the time those decisions
issued, federal courts possessed
much broader authority than they
do today to address claims of consti-
tutional error on habeas review and,
therefore, to examine the adequacy
of a State’s capital scheme and the
fairness and reliability of its decision
to impose the death penalty in a
particular case. The more the Court
constrains the federal courts’ power
to reach the constitutional claims of
those sentenced to death, the more
the Court undermines the very legit-
imacy of capital punishment itself.

Justice Stevens, with whom Jus-
tice Blackmun and Justice O’Con-
nor join, concurring in the judg-
ment.

Only 10 years ago, the Court
reemphasized that “[t]he writ of ha-
beas corpus indisputably holds an
honored position in our jurispru-
dence. Tracing its roots deep into
English common law, it claims a
place in Art I of our Constitution.
Today, as in prior centuries, the writ
is a bulwark against convictions that
violate ‘fundamental fairness.’ Wain-
wright v Sykes, 433 US [72,] 97 [53 L
Ed 2d 594, 97 S Ct 2497 (1972)]
(Stevens, J., concurring).” Engle v
Isaac, 456 US 107, 126, 71 L Ed 2d
783, 102 S Ct 1558 (1982). It is this
centrality of “fundamental fairness”
that has led the Court to hold that
habeas review of a defaulted, succes-
sive, or abusive claim is available,
even absent a showing of cause, if
failure to consider the claim would
result in a fundamental miscarriage
of justice. See Sanders v United

293

‘ oa mets
eee, cereal gam |

2 ye Bees,

sary § \

penee
Lge +e be

on ymeie SOOT OSS
drow verter

e with troop-
nselves up to
1cob (right). |


a

at it had been a Move

is f
toe eee employe.

2 ie m
a Torrance >i
© get him out of the

Thomas’ arrest buie

ver the city, and
gar ie Ek tional Pony
— In

State’ lack head-

scription

‘al loophole
‘his trial time anal

TOwd tied u 9
s corporation rca
a trial. However;
tle didn’t come off.
— in which he

ual Personality—
¥ fighting the bad
d guilty to.all rob-

yde Thoias
dicted for Seiden
Deter-
‘'rge with all the
+ .4homas add
lliam Tuck, Aah
id three brilliant
” Imposing legal

ph Sathered to
Ow it w

ited that fy leis
' Between Thom
ange had n
bly established

1. Minutes lat

. er
Scurried out of
4 private con-
or,
* Sensed what
“minute delay,

© was consid-
actually been
ering certain
on that fatal
arge agains

broken, co
* order was

‘ang received
ter paroled.
© was let
Florida and
nning rogue Q
> Danner of
S of a size
masquerad
And it son
tly after J.
nted police
ndorsed by

ssible em.
“sons, the
Price and
Story, are

Hell on the Highway

(Continued from page 7)

before any attention was attracted to
them they lit out for the highway.

Their first lift was given them by an
unsuspecting trucker, but as he nosed into
the city, they left this for a faster car
driven by Thomas Stayton and carrying
Daniel Wilson.

“We're detectives following a stolen car,”
Simpson said, flashing the badge he had
taken from the dead Jacob. “Your car is
commandeered.”

Stayton wasn’t fooled. He recognized his
passengers for what they were, a pair of
trigger-happy gunmen, but he didn’t in-
tend to argue. Not yet.

“Head for Baton Rouge,” Simpson or-
dered, affecting what he assumed was an
official tone.

He and his gun pal were no longer
small fry. Their flight would be front
page news as soon as Tardo could get to
a phone. They’d have to play it smart.

But up in the front seat, Thomas Stayton
was playing it smart, too. The route he had
chosen led into Tulane Avenue, a main
traffic artery that led directly past New
Orleans’ police headquarters. With a sweep
of his arm he whirled the car off the road,
across the curbing and, up over the lawn
directly into the basement of the building.
Then he and Wilson leapt out and raced
to safety with bullets clipping their heels
at every jump.

In the entrance.to the police garage,
getting ready to pull out in his own small
car, was Assistant Chief of Detectives
John J. Jackson. Jackson was an old-timer
with a impressive record as an officer.

But Simpson and Miller were unaware of
this. As a matter of fact, events later
proved they did not even know they had
invaded police headquarters, .

“Drive us out of here,” Simpson spat,
placing his gun against the head of the
aged officer. Jackson obliged. A blazing
gun in the hands of a madman was some-
thing to be reckoned with. ;

But even as the car edged out of the
driveway, Tardo’s telephoned warning was
being coupled with the kidnaping of Jack-
son and police wires rapped out the warn-
ing. Two mad dog killers on the loose.
The message froze the blood of every
resident in the area.

Law officers knew the anger that lurked

within their warnings and they tempered
the message accordingly. “Description of
the two men and the stolen car cannot be
released because it is feared that citizens
may fire into the wrong car.”
wee Jackson was pleading for his
ife.

“We respect age,” was Simpson’s com-
ment. “We won’t shoot you, pop.”

But they forced Jackson to turn over his
pay which they divided into three equal
parts, giving a third to the officer. “Keep
this, pop; you may need it.”

For seven hours Jackson was held pris-
oner at the point of a gun, but even against
these odds he urged the men to give them-
selves up. “They'll convict you sure, but
this way they’ll shoot you down like mad
dogs.” °

Simpson showed signs of wavering, but
Miller snarled defiance. “We'll shoot it
out.”

Jackson was forced to buy gas for the
men and at one point the killers and their
unwilling passenger stopped at a farm-
house and demanded refreshments and
rest. ‘

Then, just 27 miles short of their goal,

Baton Rouge, the pair turned their hos-
tage loose and sped off. .

But perhaps some vestige of fear had
seeped through to their twisted con-
sciences, for early the: next morning in a
tiny country store owned by Rudolph Fac-
tor and his wife, a dramatic scene was en-
acted. Two travel weary strangers, their
faces streaked with grime and lined with
fatigue, walked in and tossed four pistols

Executive Accountants and C. P. A’s earn $8,000 to $10,000 x year.
Thousands of firms need them. We
time for C. P. A’s ‘in or i.
Previous experience unnecessary. Personal training under supervision
at. ot me ey B.

LASALLE Extension University, 417 So. Dearborn St.
A Correspondence Institution Dept. 148-H, Chicago 5. Ili.

train you thoroly at home in spare

8. Placement counsel — he! Write for free

ccountancy, the Profession That s.

on the counter.

“We want to surrender to you.” It was
Dale Simpson speaking. ‘We're the fel-
lows who bumped off the New Orleans’
cop.”

The astounded Factor picked up the.
phone and within a matter of minutes
Marshal Leslie Bourque and State Trooper
Albert Mechana had arrived at the small
store which was located on Mount Zion
road near Gonzales, La.

Miller and Simpson were taken into cus-
tody and turned over to New Orleans of-
ficers who rushed them back to the city
they had terrorized. —

Handcuffed and chained, Simpson talked
freely. “Yes, I did it. I don’t know why. I
just loaded my pistol with six shells from
my bag, lifted my gun and fired. I didn’t
have anything against him. I’m perfectly
sane. It’s something I can’t account for.
If I had my choice naturally I’d want to
live, but I know what is coming.”

And most of the people who had fol-
lowed the accounts of the bloody saga
knew what was coming, too. The first
step in shaping the end for Simpson and
his pal, Miller, was taken by the Orange
Parish grand jury when it indicted both
men on a charge of murder. A court of
law will forge the final link to chain this
brace of murder-mad gunmen.

Headquarters Quiz

(Questions on page 42)

_1. (a) Inmate No. 2222 has every inten-
tion of keeping on the straight and nar-
row. : ‘
2. (b) The bookmaker who places num-
bers bets on three-by-five slips is known
as a “salesman” or “writer.” The big shot
operator is the “banker.”
3. (b) It is the brain’s gray matter—
gray, yellow, red, blue, brown nerve and
tissue, that is—which splatters in axe
slayings, for example.
4. (b) Veteran officers know midnight
prowlers make it a special point never to
leave looted premises the way they got in.
Prowlers who operate in the daytime, on
the other hand, have to enter and. leave
through the main entrance of an apart-
ment house, or tradesmen’s entrance, to
avoid calling undue. suspicion to them-
selves. -
5. (a) Mercantile fraud arsonists usu-

- ally plan for the destruction of business
records which might make plain the mo-
tive by showing the business is in the red.
6. (a) Sleuth Carlton will tentatively
decide the gambler was a suicide because
of the bared and charred chest. Every
homicide investigator knows _ suicides
characteristically bare their bodies in this
way. to lethal bullets fired point-blank.
7. (a) Kleptomaniacs are people literally
crazy about stealing. ;
8. Sergeant Dieffenbach is 100 per cent
correct in his contention that the Volstead
Act was instrumental in fostering the worst
crime wave the country has ever seen.
9. (a) The odds are strongly against
your being able to pick out your own
signature.

Used in every store window.
i} Plugs in everywhere, costs less
}

SELL THIS NEW FLASHER SIGN ®

# catalog of electric flasher signs,
Plastic aprons, price tickets,
6 electric turntables, shelf mould-
‘ ings. menu covers, price ticket

holders, changeable signs, win-
dow display sets. Every item
fast seller. Write for free

a
details of money-making opportunities.

103 LAFAYETTE ST., Dept. RF
PRICING PRESS Rees Yorn 33, Me,

INVENTORS

Patent laws encourage the development of inventions.
Our firm is registered to practice before the U. 5.
Patent Office. Write for further particulars as to pat-
ent protection and procedure and ‘‘Invention Record’’
form at once. No obligation.

McMORROW, BERMAN & DAVIDSON
Registered Patent Attorneys
1742 Victor Building Washington 1, D. C.

SOMETHING NEW and SENSATIONAL in
CHRISTMAS CARDS

MAKE Satin and Velour Designs
Show Rich New Satin and Velour
alee! | Cards never before offered. Amazing
MONEY) Value! Gets easy orders fast! Gor - QZ
FAST on Christmas Cards with name, 50 i
‘or $1 up. New features, clever ideas.

Pays up to 100% cash profit. Imprinted Stationery, 20 other
money-makers sell at 60c to $1.00. Samples on Approval.

PURO CO., 2801 Locust, Dept. 932-a, St. Louis 3, Mo.

Yes, you. An important picture.

Part of your Christmas Seal
money buys X-ray units for chest
“pictures”... to detect tubercu-
losis so that it can be checked.

Since 1904, the whole program
has helped cut the TB death rate
by eighty per cent. Yet tubercu-
losis still kills more people be-
tween 15 and 44 than any other
disease. ,

So please, send in ‘your con-
tribution today to your Tubercu-
losis Association.

Buy
Christmas

10. Gaston B. Means.

Seals


2€ inserted in Selne
ale January 10th, ary issues

TRICKS, Puzzirs an

CATALO

ck GUE
i Sen bation, Stage. Wo49%?
rst $609 *1:00 for Catajoc®
ut, Philad

elphia 7, p, ‘8,

» Penna.

ane NOVELTIES AD
& KOGAN ets Ten $1,001
York 6, Ny y032-DG cChurer

ASCELLANKOYS

ES, pinu
Os P girls, ete;
ra ALES. 253 Universier

‘J ee
0. | sting. 6—$1 09

‘squ List free. Bic. 4

3 Cards.
yee 436 Ney Adults

. BRASS 7 >
Sheets for the Home

}ROUND:

Bars and Rod
s.
oulder, Coloraae” com~
Ki ‘
wise supplies

Instructiy pms
Terber, 1360-49 Men ee .

3, CATALOGU.

E.
ite agphotos, Slides and
AFT

Postage
CORP., 7001 Hines
ee tite
Ty beautifu)
Only 20¢, LEon puck

‘IN-UP pH,
‘OTOs —
a Phot 10
2, N° 55 E. Wash-
R
warding, a1) emailing
f tes

da
ing halls located pxOu-

RAN

Models in mae on
a Teleases to proven
sagnals, not copies,
$4, Calif, °°! Bev-

DELS in full
“on price. ener
Sg EER, 117 East

=
AGAINST

BUR-

window guard.

os $1.00. H
rig@ Louis; on

———
AND BROKEN

CLASSIFIED ADVERTISEMENTS

(Continued from Opposite Page)

LY NEEDED. Immediate payment. Con-

' (E) Toledo 9, Ohio.

885 (D), Ventura, Calif.

ANYWHERE, ANYTIME,

PATENT ATTORNEYS

RAISE TURKEYS THE NEW WAY.
Write for free information explaining how

TRAVEL
EARN $85.00 a week up. No ence
necessary. Literature free. TRAVEL, La
Grange 16, Indiana.

UNUSUAL BOOKS and novelty list, Pin-
up Photos, etc. Samples 25¢c. HANSEN
SALES. 2840 Fifth Ave., Chicago 12,. Ill.

WANTED MISCELLANEOUS

ton 1, D. C

_ INVENTORS—Patent laws encourage the
development of inventions.
ther particulars as to patent
procedure and
at once. No oblii

Write for fur-
protection and
“Invention Record’’ form
ation. McCMORROW, BER-
MAN & DAVIDSON, Registered Patent At-
torneys, 302-L Victor Building, Washing-

to make up to $3,000.00 in your own back-
ive. Address NATIONAL TURKEY IN-
TITUTE, Dept. 285, Columbus, Kansas.

G OFFER! 500 United Staes
stamps—including commemoratives, air-
mails, high value to $5.00—ONLY 10c TO
APPROVAL - APPLICANTS!! - MYSTIC
STAMP CO., Camden 4, New York.

PRINTING & PRINTING SUPPLIES

RECONDITIONED TYPEWRITERS, mi-
ul printing devices,

raph, multigraph,
appliances, supplies. Catalog. Dixiegraph

QUICKSILVER (MERCURY) URGENT-

PERSONALS

Service, King, No. Carolina.

tainers yy all Rae i request. Mercury GIVE HIM

Exchange, Massachusetts.
MOTION PICTURES & EQUIPMENT

TIE-A-MONTH for Christ-
mas. Twelve quality ties per year—$9.95
Four ties per year—$3.
money order to TIE-A-
Street, Auburn, N. Y.

MONTH,

95. Send check or

PROFITABLE OCCUPATIONS

MAKE $5,000.00 OR MORE A YEAR in
advertising. Be your own boss. Experience
unnecessary. Write, N. A. ADVERTISING,

21 Lansing

ART MOVIES, gigaritic selection. Send
10c for complete illustrated lists. B & C
FILM SERVICE, Dept. C, 561 Michigan,

Detroit 26, Mich. Life System
Angel

HAIR, THIN
scalp, gettin

, FALLING, dandruff, itchy
bald? Amazing results! No
ets, Write

La Grange 19, Indiana.

FREE CATALOG! Beautifully illustrated.

United States Stamps, Albums, Supplies,

Packets. Information for beginners.

a mana 212 Transit Building, Bos-
m.

FREE: CHINA CONFUCIUS Issue with
‘AMP

foreign ‘approvals. MODERN ST.
aa Box 12G, Wakefield Station,
. es.

FREE STAMPS. YOUR CHOICE with
purchases from our approvals. Lowest pos-
sible prices. Holmes, 628 Conley Drive;
East Point, Ga.

TYPISTS, profitable business at home.

MAGNIFICENT! United States Civil and

lights, liquids, greases, gadg'
(325-C ON.

4, Cal.

Western) Los

Complete copyrighted Anformation. 50c.
Gaunt, 3521-G Broadway, Chicago 13, tl.

er War Revenues. 50 to 87 years old.
10 different, 5c. To approval applicants.
AAA STAMP COMPANY, Arcade Building,

ARTISTIC MOVIES, Slides, Photos,
Samples, List 35c. Thomas 2907-D, West
Avenue 34, Los Angeles 41.

KNOW YOURSELF FOR SUCCESS! Per-
sonal analysis of your handwriting. $1.00.
SYLVIA ANN BARBER, Lisle, Illinois. :

toonist, Oshkosh, Wis.

EXCLUSIVE MOVIES glamour, slide-
films, viewers, ee. screens. Free LEARN
catalog. HOME PIX, 1674 Broadway, New | Method, _3c

York 19, N. Y.
Til.

VEN
stamp __ brings
SMITH, Dept. Dell, 801 Bigelow, Peoria 5,

YOU CAN ENTERTAIN with Chalk Talk | St. Louis 1, Missouri.
Stunts. Catalog 10c. Balda, Lightning Car-

NICARAGUA, ‘“‘TIN PAN ALLEY”’ Dia-
mond, Ecuador showing George Washing-

UISM, Easiest

particulars. RECORDS

ton and American Flag in natural colors;
Feezan, Trieste ‘‘American Army’’ stamp.

FREE HOME MOVIE LIST. Write SU-
PERIOR FILM SERVICE, Box 1713, Dept.
D, Troy, N. ¥

MISS AMERICA of 1948 8mm., 50 ft.
Kodachrome, $7.50, (black-white, $2.00)
16mm., 100 ft. Kodachrome, silent, $14.75,
(black-white, $4.00). Big movie catalog,
‘eo IN COLOR PRODUCTIONS,

ent. Two 5x7—$1.: Three 8xl0—$2. Plain
PERS!

Box 19K, N. ¥. 35, N

HILLBILLY, WESTERN. RECORDS—
Late numbers 29c. A 3c. F-L SHOP, | wi

first U. S. Commemorative, $100.00 Shang-
hai, Corsica, Anzac, Antique, others all 5c
Approvals. CAPITAL STAMP CO.,
Dept. 21, Little Rock, Ark.

SALESMEN WANTED

Y YOUR MONEY'S WORTH!

OUR
ONSLIES PHO-

PARTY FILMS. 8mm-16mm latest Holly-
wood productions. Send for free lists.
VARIETIES, Dept. D. P.O. Box 8493 Cole

- RUPTURED? Positive comfort
. derstraps, no steel, no elastic. wri
Branch, Los Angeles 46, Calif. Manufacturing Company, Preston, Ontario.

. | Wonderful op
te Smith profitable bus.
DMG, Freeport, Ill.

UNUSUAL -8-16mm. film subjects. Art

PHOTO FINISHING

START YOUR OWN BUSINESS ON
CAPITAL. Always your own boss.
Hundreds average $6,000 to $25,000 annual
Sales year after year. We supply stocks,
equipment on credit. 200 home necessities.
Selling experience unnecessary to start.
rtunity to own
ess backed by world-wide
industry. Write Rawleigh’s, Dept. A-U-

POSITIVEL
Seychelles, Djibouti, Angola, Chinese Hun-
ger Stamps and collection of 100 different.
Only 10c to approval applicants. Atlas
Stamps, 4220d 16th, Little Rock, Ark.

SPECIAL! Bicolor Vatican City Set only
3c. Catalogs 90c. Approvals. ROSTAMPS,

pleasant, | 1921A Schiller, Little Rock, Arkansas.

STAMPS AND COINS. U. 5S., Foreign.
Free price lists. SLIKES, 1831 E. Alle-

STAMP COLLECTING

gheny, Philadelphia 34, Pa.

Slides. Films exchanged. Big catalog with
sample film, 25c; refunded first order. NA-
TIONAL FILM SUPPLY, Broadway Sta..

Size, colors.
3, Ohio.

MUSICAL INSTRUCTION

ANY NEGATIVE ENLARGED (up to
gx10)—Beautifully oil- colored. $1.50. State | stam:

ar than the famous

GUITARISTS: USE MEL-O-CHORD pic-

PHOTO SUPPLIES

ture chart and enjoy being able to play by
ear—$1. GUITAR HEADQUARTERS, Box

OLD GOLD & JEWELRY WANTED

NEGATIVES, to
of lovely models. 8 double-frame 35mm,
$1.00. 40 -negatives, $4.25. LENSC. FT
CORP., 7001 Hines Blvd., Dallas 9, Texas.”

make swell art prints

HIGHEST CASH FOR OLD, BROKEN

POULTRY & FARM SUPPLIES

N. Y., Dept. 171.

A REAL ROOSEVELT BARGAIN. No
are more attractive, none are nore
u. Rooseve ues
Bly Cevelang by 2 Gifterens” countries, Vie sere them

‘ or approvals and will sen e com- yl
plete Rccaetelt issue of Honduras, | the UNITED STATES" Collection. Thirty-
ee cered issue of Cubs, the Mon. | Including Columbians 1893-1943 issues only.
aco Roosevelt Triangle, all for only 10c to
approval applicants. Please state whether
approvals shall consist of U. S. or foreign
stamps or both. GLOBUS: STAMP COM-
PANY, 268 Fourth Avenue, New York 10,

200 DIFFERENT STAMPS—cataloging
up to 15c each—only 3c to approval appli-
cants! Littleton Stampco, Littleton 90, N.H.

Seven different unused commemoratives

Price $1.00 approval applicants only.
STAMPS, Box 87D, Albany 1, New York.

WORLD ASSORTMENT STAMPS, 10c.
No approvals. OSCAR RITTER, JR., Box
3319, Corpus Christi, Texas.

JEWELRY. Mail Gold Teeth, Watches,
Rings, Silverware, Diamonds, Spectacles.
Satisfaction Guaran . FREE Informa-
tion. Rose Smelting Co., 29-DP East Madi-
son, Chicago.

Free.
Simi, Calif.

RAISE FRYERS new easy way. One man
home plant earns $500 monthly. Details
FORTUNE FRYER FARM. Box X,

N. J.

ABSOLUTELY FREE! 25 Different Valu-
able Mint Chinese New Issues with ap-
provals. BARTON, Box 488D, Elizabeth,

WORLDWIDE STAMPS. All different.
ben 500—50c; 1000—$1.25; 2000—

BEACON | SALES,
Maynard 12, Mass.

FN 7

ley! Maw i—2

ed! we 00

Co RY-

S Bue ox he.
‘ Re-

‘ned. Col

ngton 5, 5 pref-

wing Page) :

Hell on the Highway

(Continued from page 3)

officer some idea of the time he could
expect an answer from the neighboring
city and practically on the dot the call
came through.

“We picked Miller off the bus,” Payne
reported. .

“Did you get the money and the pistol?”
the sergeant inquired.

“The pistol, yes. We didn’t find the
money.”

“Okay, hold him. We’ll send the com-
plainant over in the morning.”

Early next day, September 7, Detectives
Nicholas J. Jacob and Joseph Tardo accom-
panied Simpson to the Mississippi town.
The police there seemed considerably
agitated both by the pickup of Miller and
by the arrival of Simpson.

It was Captain Hall McCorkle of_the
Gulfport department who drew the New
Orleans detectives aside and told them of
his concern. .

“Miller is a Mississippi man. He’s worked
here as a cab driver for sometime. He
claims this Simpson is a bad actor... a
stickup man. Says that’s why he ran out
on him.”

The New Orleans officers accepted the
information with skepticism. It was natural
for Miller to try to pin some suspicion on
Simpson now that he had been caught
red-handed. The want for revenge would
run high in a man whose erstwhile friend
had turned him in.

Nevertheless it was good to exercise

caution and. when Miller was given in
custody to the New Orleans detectives,
Captain McCorkle emptied the 38 revolver
before handing it over to Jacob.
“We'll take care of everything,” Jacob
- promised as they prepared for the trip
back to Louisiana. But McCorkle was sur-
prised to see him hand the unloaded pistol
to Simpson.
“Guess he knows what he’s doing,” the
captain said, but without conviction.
“You better get yourself another permit
when we get to the city,” Tardo instructed
Simpson as the latter dropped the revolver
into a leather briefcase he was carrying.
“Right,” Simpson said, and he and
Miller settled back in the rear seat of
the’ car.
The road back led over a desolate section
_ not far from the limits of the city. When
they reached this stretch, Simpson leaned
forward and tapped Jacob on the shoulder..
“Tell your friend to stop here,” he ordered.
“T want to take this fellow down the road
and whip him for robbing me.”

’ Bullets for Jacob

Jacob assumed the, man was joking.
“None of that stuff here,” he said, the
semblance of a smile indicating that he had
not taken the order seriously.

“You heard me,” Simpson said, his voice
rough with anger. “Stop!”

The detective partially turned in his
seat. If Simpson was going to cause trouble,
there were many ways of dealing with him.
But scarcely had he moved before a pistol
flashed in the rear seat and a shot rang
out, catching the officer in the neck.

“Wait,” moaned Jacob. “I’m...”

His sentence was’ never finished. He fell

sideways . . . dead.

Simpson shifted the revolver in the
direction of Tardo. “Keep on,” he com-
manded. And Tardo had no alternative.

He drove on until they came to a lonely
side road.

“Down there,’ Simpson directed.

Tardo pleaded for time to give aid to
Jacob, but Simpson shrugged him off.
“No use worrying about him. He’s gone.
Do as you're told or you'll be next.”

Shielded by swamp grass and shrubbery,
Simpson and Miller, united again in an

’ unholy alliance, removed the dead officer

from the car and stripped him of his
wallet, badge and pistol. The gun was
pocketed by Miller.

“Now,” Simpson snapped, holding the
pistol to Tardo’s head. “Turn the car
around and go back. We’re heading for
Baton Rouge.”

Tardo glanced at the body of his dead
companion, left in the bushes. He was
dealing with beasts to whom the smell of
blood was only call to further violence.
His life was now just a plaything, subject
to the whim of two kill-crazy madmen.

Obediently he turned the car around and

headed back to what he knew was a lonely |

cutoff near Kenner, but he was frantically
figuring the angles. If death was in the
books, he preferred it his own way—with
an outside chance for escape. The detec-
tive reached a railway crossing and a
decision simultaneously. With precision
timing he whipped the car up the tracks,
opened the door and flung himself out.
The car crashed on the ties and Simp-
son and Miller jumped out, cursing and
shooting, but careful not to push their
luck too far. Their shots went wild, but
(Continued on page 67)


DALE KIMPSON
-., sought Im killing.

two arined deaperadoes who.

1, Killed « New Ortenns de
tecu ve:

3. Threatened the
second deiactive;

3. Fired on « motorist wha
drove thew. at pletol polat, tw
police heaigquarters insisted af
to Baton Kuouga, aa they eee
dered;

4. Kidna asalete
ettel of 7s 1 OR a New =

ahr;

% Fle@ from the edty
police squad car. ee

The detective killed waa Niehos

life of @

las G Jacob 34, 3119 Royal.
Aastatant Chief olf Detectives

John | Jackson, Sr. 63, 1917

Terpaichore was released near

(fronzales about 7 p. m Monday,
His abductors threatened to kill
[hun if he drove them inte ona
of the many roadblocks set up by

are after Detective Jacos wag
ei “et

The detective threa'iw4 with
Geath was Joseph Tari, Jd aM
Sauvage, driver of the pull .

H. £. MILLER

°

ien by Thomas W. 4i
|Eden, and Daniel >. wien, S408
iSt. Charles, was in tt >

tlm peo

they drove tate the atty and
up to police headqusrteve,
. There they swung tate the po
Uce garage below beadquartere
and jumped out
The gunmen tired tires
shuts at (hem. Just them @ Car
drivem by Jacheom was
out They wok it ever,
drove off,
This ts Tardo's stocy
‘We were mding aloag
Highway 390, about the Ume we
reacned tne junction of 80

old Uenuliy road, 1 eabd Unat,
This ja nice. We're almost home.

. killer’sa companion

Rouge. Inxtead he drove to police .

ordered them & ~
*arive to Baten Hoge, Teeteed ¢.

CAPT JOHN J. JACKSON
dldnaped, released.

’ Tite comrades viexsed the Body of

vw. We can use them,” jthe murdered policeman. 4
Taroc said they made him drive, Tardo said, ‘They dumped
the old Gentilly highway and)jacob there (iret (painuog to

away from the city. They told:blood on the roed), and then they
Tardo they wanted to gar-up buticarried him back.” |

j
we he reached the railroad tracks, The body was in a ditch about |
he swerved sharply and fell out.! 99 feet off the roadway. Brush

‘As J ran on all fours,"he said, aaq weeds, some seven feet
“J heard three shots whistle past) pigh, surrounded it.
my ears.” Tardo sald he thought the

Chief ef Detectives Joseph | killing took place between 16:15 .

Scheuering said that Miller and | a. m. and 11 a. m. H

Bimpeon hailed a truck, rode It

A search of the hotel room
a short distunce, then stopped | where Simpson said he had spent:
the Klayton car.

the night uncovered a photograph|

Stayton was told to go to Baton ‘yjuuim nat included Simpson's)
picture, which Tardo identified. |
Jacob had been on tbe police:

headquarters AtS Rroad and Tur |

lane, Stavinn swerved the CaP ‘force about xix vears. He: had!
into the drive leading into the been a detective for a vear. Pre-:
basement of police headquarters, vious to joining the force, he had’
yas gr it..and Leen out He jinen a plumber, and for almost,
his companion ran for cover ‘10 years, a member of the Na-:

as the gunmen fired three shots jijgna) Guard.
!

at them, they said. Masonic funeral services for Ja-
Gets Inte Car, lcob will be held from the Pat J.|
At that time Anaistant Chief of ;McMabon-Coburn Funeral! Home,
Detectives Jackson was leaving (2308 Canal, at 10 a. m, Wednesday.’
the building from an adjacent; !nterment will be in St. Vincent
‘driveway to go home. The pun. |de _ eh) Ag leat
vo his widow, ’ 5
te peered ban ene, or nie | Horothy Crabb: two rons, Nich-
; olas and David Jacob, and @ broth-
er Maurice Chris Jacoh
The Kev. Joweph Laux, ONT

A bus driver who witnesacd
* the tacidemt - sear the police
headquarters suid that the eo-

iin which the murder wok ; Mes |chaplain for the police and fire

okt Gentitiy

n before. gO ie
Simpson and Wier were on the:

back erat as the cap:

the junction of igheres Se end
reute
te the Be}
. Ay <a i
opart

,@ragged Jacob's

ke he told me up the old -
tilly road. He asked me if 1 knew
the beck-roads. 1 said I didn’t,
and he told me to turn up a road
ore Higgins hutments used
‘wo be.

¢ ‘
“1 pleaded with them not te
me—enet to hill me—that
my wife's mg te have a baby.
‘Miller anld to hell with that—
,and one ef them naid that his
wife wae geing to have e baby,
too and that @idmn't make a
damned bit difference te
them.

"I begged them not to kill me—
but they said they were going to,
and as soon as they got rid of|

acob's body, they were going to|
take care of me |
Told to Step

“When we got about 200 yards
‘wr farther into the gravel road,
they told me to stop. Simpson
body out a
eee MEO yy eaeaes gO) 4 OR...
tar, Miller anid, Cy]
his pictad and hia watch

and mon-

the police headquarters are, and
“wo men were shooting at him.
e said one was redheaded.

“ @earch om for Car
Superintendent of Police A. A.

‘Watters ordered all cars to be on
the lookout for Jackson's car.

Roadblocks were eet up all
eround the city, aad ia
Mississippl and

| ifr | Inet abuut then--t heard the . cape car was a black Ford bear (1 Ro ' : that George Reyer
rom Ucitpore about To Sets tsa Tae” wpeaeaie trom “a tenet ple KW (lee of the Meee cn yeh Tor | [former police #u the vows "
, , rw fw tJucod | egw bloed ting y jrtes of ee oe pong
Hie eid the | ean Ot nus necks and: Juco A, E. Cancienne, 20, 1617, J60b as the Dons 185 10, | leotective, hed inatituted 8 mearch
MH men who ded, gt Wail. fm...’ and thea he = Duels, told police he, tou, wax a: | Tee Wi for the kidna of-
-|\co eae Dale. Simpson, Bo | ret over” witness to the Incident at ponte i eae de ac ee aa own ped
Miller pou yoners with H. toot Sunmpeon, tat's get this headquarters = lyon told Detective Chef Scheuer- “1 say he's lucky to he alive,
r| : roed frem PPE as oe Re . Cancienne sald he was stand-! ' :
Miastasippd city pte hospital Hee bure ‘ing over long-distance telephone | jand he must. have spent 8 misery
“| , on complaint ef eh dace ‘i , ing on the neutral ground of Tu- i a selngatat
theft from Simpson. vo duthy said, He doesn't need Jane and Broad waiting for a trol: :ffom Gonzslen at & Pm able day,” Scheuering co
Tella of Crime @ hospital now. You do what we) jo ne ne neard shooting | “They made me drive and | jaftter hangima up the arepnene.
tell you.’ ; . nised they would nat harm me “He. knew Jaced hed
This ts pons ‘3 wi n Simpson said, ‘You're He suid he saw teed scram got them saselv through the kitted, amd he muct have beow
wext.’ 1 was bling’ up the, stair wore..0f the | Lolice blockades " Khe did not re- thinkiag that he would get the
l driving fast and just) criminal courte building where :

{veal (he route over which the)
|nad driven.

Atter ériving around all day.
he nald, the men pul him off
on the Alp-ldne Highway about
one mile below Gonaulen at 7
Dp wm. after taking his pinto. He
enld he was not injured in any
way, bat could moi cal) wener
becamse of the bung walk te a

continued to Baton Rouge in the
police car.
A police car stalloned on 8

The men, he said, apparenus,

same treatment at any time,”
Achewering sald,

“Ag noon as T t the call on
the murder, I rushed out of the
building to to the acene,
Qcheuering sald. “Jackson was in
the hall as I wan leaving, #0 if
atopped to tell him about the kill-
n
' When I told him T was going
out on It, he sald he would go out
for a quick bite and would nee me
later. He waa kidnaped by the|
two men as he got into his cer. |

New Orleans Times-Picayune

wweses eee sew “A

scheduled for
execution

ANGOLA, La. (AP) — Elmo Patrick Lake Charlex
‘Sonnier of New Iberia is scheduled to AMERTCAN prRtraa
walk to the electric chair on Friday for rp van _ PRESS
kidnapping and killing a teen-age couple © ~15-198% gop Tf
in New Iberia six years ago.
Two years ago, he might already have
been moved to the Death House, a small
_Cinderblock building three miles from
Death Row on the 18,000-acre prison!
ground.

But 23 other inmates who were sched-
-uled to die in the last few years all have
' received stays of execution. So prison

officials have been putting preparations
for executions farther and farther back.

“Everything they do, the final prepara-
tions, have come closer to the time of
execution simply because quite often we
get stays,’’ Corrections Department
spokeswoman Martha Jumonville said
Sunday,

For instance Colin Clark, whose refusal
to fight his death sentence brought him
international notoriety, was moved to the
Death House a week before he was slated
to die Nov. 5, 1981.

Four days later, his mother won a
reprieve by arguing that his very refusal |
showed he was insane. He later was
granted a new trial and moved off Death
Row. The retrial has not yet been held.

‘But Alvin R. Moore, who had been
scheduled to die last Thursday, was
moved. to the Death House the previous
Monday. He was granted a stay the next
day.

Most of the stays, including Clark’s and
Moore’s, have come in federal courts. The
Louisiana Supreme Court rejected both
Moore’s and Sonnier’s appeals the third
week in June.

Sonnier’s most recent rejection, how-
ever, came from the U.S. Supreme Court
on Aug. 5. The justices voted 5-2 against
postponing any state actions while recon-
sidering their July 6 denial of his latest
formal appeal.

Sonnier, 34, and his younger brother,
Eddie James Sonnier, both were origi-
nally sentenced to death for killing
Loretta Ann Bourque, 18, of New Iberia,
and David LeBlanc, 16, of St. Martinville.

Miss Bourque was raped at least twice,
and LeBlanc was handcuffed to a tree
before he was killed, police said.

The state Supreme Court earlier had -
reduced Eddie Sonnier’s conviction to life
because he did not pull the trigger and
ordered a second sentencing for Elmo
Sonnier because of a trial jury. The new
jury again recommended death.

His. appeal, besides objecting on
several technicalities, argued for a new
trial because Eddie had since told author-
ities that he did fire the gun.

The Supreme Court said that was less
than credible because Eddie Sonnier re-
canted only after his sentence was re-
duced. ;

Miss Bourque and LeBlanc were
parked in a car about 1 a.m. Nov. 5, 1977,
when the Sonniers drove up, claiming to
be policemen and flashing security guard
badges. They handcuffed the ‘teen-agers,
forced them to lie on the ground and fired
three rifle shots into the head of each
victim, prosecutors said.


Circuit court to hear °
Elmo Sonnier appeals

By MONTE WILLIAMS
Staff Writer

Another set of court appeals for
Elmo Sonnier, 34, convicted of
killing two area teen-agers, be-
gins around Oct. 24, two. months
after a federal judge halted the
killer’s Aug. 20 date with the elec-
tric chair. .

Attorneys were ordered Aug. 18
to submit briefs by then to the 5th
Circuit for a review by three of
the 15 justices.

That hearing on Sonnier’s new-

est appeals will be the second by

a federal court.
Federal Judge Eugene Davis
upheld Sonnier’s district court

conviction and refused in August —

to stay. his execution. Louisiana’s
Supreme Court rejected the same
batch of appeals 24 hours earlier.
But a certificate accompanying
Davis’ ruling, which said some
appeals were meritorious, was
used by circuit judges for an 11th
hour execution stay.
“And the judges felt they ought
to look at it (the appeal) again,”
said 16th Judicial District Attor-
ney Bernie Boudreaux.
‘ Boudreaux’s office prosecuted

Sonnier for the 1977 rifle slayings .
of Loretta Ann Bourque and Da- —

vid LeBlanc.
Sonnier’s brother, Patrick, was

convicted of being an accomplice’
‘and was sentenced to life in pris- —

y

‘thecrimes. © ;

‘on: Elmo was ordered to die for

_ His execution, which would |
have been the first in Louisiana in ©
over two decades, was abruptly ©
called off when the 5th Circuit
Court received Davis’ certificate
on Sonnier appeals. :

It stated that appeals alleging:

an unfair trial, though not sub-

stantial enough to stop the execu- .
tion, were indicative of denial of
due process.

Other appeal issues included a
charge that police illegally
searched Sonnier’s vehicle and
that the courts erred in the trial’s
punishment phase.

In Louisiana, juries in capital
murder cases decide guilt and as-
sess punishment — life imprison-
ment or death for persons con-
victed.

A decision by the appeals court
to hear Sonnier’s plea for a stay
was based, Boudreaux said, on a
‘substantial showing by Sonnier
of denial of a federal right.”’

“He (Sonnier) must, therefore,
be afforded the opportunity to ad-
dress the underlying merits of the
appeal,’’ Boudreaux said in quot-
ing the court’s ruling.

. Of Davis’ finding muster in Son-
nier appeals while denying the ex- |
ecution stay, Boudreaux said, “If
judges feel appeals merit further |

-review, even though they deny |

Stays, they’rerequiredtosayso.” .
A circuit court. hearing of Son-
nier’s case could come as early as__
Monday.


ba f Mhieerh yy Khaw) 7
Aaa ye ta ole NRT ee TH t%

“Monday, October 24, 1983 The Daily Iberian, New Iberia, La.

Fifth ‘Circuit ' Appeals Court
judges were to begin today hear-
ing oral arguments why convicted
murderer Elmo Sonnnier
shouldn’t die for the 1977 murders
of two Acadiana teen-agers.

Lawyers for Elmo Sonnier,
found guilty of the rifle murders
of Loretta Ann Bourque and Da-
vid LeBlanc, plan to tell justices
his sentence of execution was dis-
coe ema to other sentences

anded down in Louisiana.

Appeals also deal with what
Sonnier’s atttorney Michael Ba-
ham terms an illegal search of
the 34-year-old’s car and charges
that inadequate psychiatric care
was dispensed before his trials in
St. Mary and Iberia parishes.

-Sonnier received a reprieve 32
hours before his August execution

after a federal judge in Lafayette
ruled there was merit in his ap-

Cop killing trial begins

LAKE CHARLES (AP) — Emerick John
Sonnier was scheduled to begin trial today on a
charge of first-degree murder in the death of
Lake Charles policeman David Hampton.

Hampton, 22, was shot during a fight which
prices 4 he an tae patrol partner tried to

-year-old Lake Charles i

ia = on Dec. 2, 1982. aaheaianial
e case was to be heard b

eats eard before Judge L.E.

peals. ;

Though Judge Eugene Davis
denied a stay of execution, his
certificate on Sonnier appeals
precipitated additional appeals.
‘Circuit. judges ruled there
wasn’t enough time to consider

peeiee and postooned the execu- Alexandria Daily Town Talk
Friday, November 11, 1983

~Monday, 0 ia, La.
y, October 17, 1983 The Daily Iberian, New Iberia, La.

Court Clears Way for Execution

Thursday for a (AP) — A federal appe
death ror ee car's naples: date for Fimo cial on a a |
A three-judge urder of two teen-agers in Iberi emned to
aside an or panel of the 5th U.S. Circui eria Parish.
Sonnier we “sl bas the court issued on Met ee of Appeals set

The appeals sabe ouisiana’s electric chair. ’ just 32 hours before

e ;
Unless Sonnier’s la jected all of Sonnier’s arguments as meritless

rem wyers get anot
preme Court, a new execution date willbe bet eh ltl ae


NEW ORLEANS (AP) — Condemned

_ killer Elmo Sonnier’s attorney told a
| federal appeals court Monday that Sonnier
_ should get a new trial on charges that he
_-murdered two teen-agers ina lovers’ lane.

~ Attorney Michael Baham told the Sth
US. Circuit Court of Appeals that
Sonnier’s car was searched illegally, that
the psychiatric evaluation given him was

‘inadequate, and that his trial was heard by

a “death-prone jury.”

He said excluding jurors who had:

scruples against capital punishment
makes a jury more likely to order
defendants to the electric chair.

_ The 5th Circuit rejected that argument
Sunday when it agreed to hear a plea from
Robert Wayne Williams, who is also on
death row in the state prison at Angola.

But it agreed to hear another argument
that Baham made — that Sonnier’s case

was compared only to others within the
parish when a judge considered whether
the punishment was proportional to the
others. a sa a

Baham and Williams’ lawyer both
contend that a statewide review should be
required.

“Tf we had had this case last week, I
would have walked out knowing we had
won... . I still think we’re going to win,”
Dracos D. Burke, an assistant district
attorney in Iberia Parish, said after the
hearing. .

During arguments, Justice Thomas M.

 Reavley noted that the 5th Circuit has

upheld Louisiana’s current proportionality
laws.

Burke argued that jury selection did not

- exclude anybody who was unalterably

opposed to the death penalty. He also said
that the defense failed to bring up the

question of Sonnier’s psychiatric
evaluation earlier in the latest round of
lower-court arguments.

. Sonnier, 34, was granted a hearing ©

before the 5th Circuit in a ruling handed

down Aug. 18, only 32 hours before he was ~

scheduled to die.

Burke said he was a bit concerned by
Sunday’s ruling delaying the execution of
Robert Wayne Williams, who brought up
several of the arguments made by Baham.

Both Sonnier and his younger brother
Eddie were sentenced to death for killing
Loretta Ann Bourque, 18, and David
LeBlanc, 16, two New Iberia high school
students who were engaged to be married.

In confessions to police — which they
denied at trial — the Sonniers said they
drove up after midnight, saw the teen-
agers parked in a car ina secluded wooded

area, flashed security badges and claimed —

MORNING ADVOCATE, Baton Rouge, La., Tues. Oct. 25, 1983

Convicted killer of teens seeking new trial —

to be policemen. :
They handcuffed the lovers, forced them
into the back seat and drove them over 22
miles of back roads before stopping at a
sugarcane field near New Iberia.

They handcuffed LeBlanc to a tree,
raped the young woman and then forced
both to lie face-down on the ground. Elmo
Sonnier was convicted of firing.three rifle
bullets into each one’s head while his
brother held a light.

The Louisiana Supreme Court later
reduced Eddie Sonnier’s sentence to life
because he did not pull the trigger. The \
court ordered a second sentencing for.
Elmo because of a trial error. -

At that hearing, Eddie Sonnier said it
was he who pulled the trigger, not Elmo. |
But the jury didn’t believe him and ordered,
anew deathsentence. — r

i


et tt

i « ory ft r 1" 4 ry ¢ Sob + ’ - a : ee ff poe la
GHW dh yg AOI LY Wir YILG y Lug, Sih P duh ( wo @i i é n) ‘s if 5/1993

916 St. Andrew Street

PILGRIMAGE FOR Bigs New Orleans, LA 70130

(504) 522-5519
15 February 1993

Dear Friends,

Greetings! We are sending you this special mailing for a number of
different reasons. The greatest of which is we urgently need your help!
As you know, Louisiana has been execution-less for almost eighteen
months. However, that is about to change unless we can gather our
prayers, actions and resources together to make a strong statement to
Governor Edwin Edwards:

Robert Sawyer, who has been on Death Row in Angola State Penitentiary
for almost thirteen years, is scheduled to be the first Louisiana
citizen to be executed by lethal injection. Robert Sawyer's execution
date is set for March 5th, in the early moming hours shortly after
midnight. Mr. Sawyer’s attorneys at the Loyola Death Penalty Resource
Center have let us know that Robert has very few legal avenues open to
him, and that these avenues are not very promising. (For more
information on Robert Sawyer's case, see page 2.)

At this time we are working very closely with the Association of
Retarded Citizens (ARC) of Louisiana, who have publicly, and through
attempted legislation, denounced the executions of people who are
Mentally Retarded. They have asked their membership, as we are doing
with you, to try to contact the Governor and ask him to camute Robert
Sawyer's sentence to a Life sentence.

We have prepared this mailing to give you several options of action in
our attempts to prevent this execution. These options are present
with more details on page 3 of this letter. i.

We also ask your prayers and support for the other men on Louisiana's
Death Row. As you can imagine, the time surrounding a possible
execution of one of their friends is quite stressful. In the last two
weeks we have had several requests fram the men on the row for pen pals
and spiritual advisors. If you think that you could offer support in
this way, please let us know.

As always, we also have a special place in our thoughts and prayers for
the families of murder victims as well as the families of people on
Death Row.

On a personal note, this execution emergency represents our largest
challenge since assuming the coordinating positions of Pilgrimage for
Life at the beginning of the year. And with that in mind we selfishly
ask your prayers for the wisdom, love and courage to coordinate an
elimination of this and ALL executions in Louisiana.

POS a , ? 7)
fe techie | emap— arty Cirugle
Michael Sintef Katy Quigley f | a

Coordinators, Pilgrimage for Life

In the spirit of hope and ce, s~.


EXECUTION ALERT
FEBRUARY 9, 1993

Robert Wayne Sawyer, 43 years old, has a scheduled execution date of
March 5, 1993, shortly after midnight. Robert Sawyer was sentenced to
death in 1980 for the 1979 brutal murder of Frances Arwood in Gretna,
Louisiana. Sawyer , his girlfriend, and Charles Lane returned home
after a night of drinking. They were led to believe that Frances Arwood,
who was babysitting Sawyer's girlfriends' children, had given drugs to
the children. The men's anger translated into violence, and Frances
Arwood was beaten, raped and burned, resulting in her death. Charles
Lane was sentenced to Life Imprisonment, even though he alone was
charged with having raped the victim in addition to the murder charge.
Robert's trial attorney was inexperienced in criminal cases, and
tragically failed to give the jury important facts:

* . Robert Sawyer is Mentally Retarded. He has an IQ of 68, with the
' comprehension abilities of a 2nd or 3rd grader. To this day, Robert has
difficulty understanding the ramifications of his case.

* Robert suffers from Organic Personality Syndrome - formerly called
Organic Brain Disorder. The impairment renders him unable to use
appropriate social judgement and control impulsive behaviors. Robert
reacts to the stimulus surrounding him. If he perceives the stimulus to
be violent, he is liable to respond in kind.

* Robert's life is shaped by a pattern of violence. While he was still
an infant, Robert's mother tried to kill him twice; once by suffocation
and once with a fireplace poker. When Robert was three months old his
mother committed suicide with a shotgun to the chest. His mother's
violence can be traced to her abusive husband who continued the violent
uprearing. Robert was horsewhipped, beaten with farm implements, and
knocked unconscious twice for long periods of time as a child.

* In one of his violent encounters, Robert suffered Frontal Lobe Injury
to the brain, easily identifiable in an MRI test.

Robert's Mental Retardation, brain disorders and impairments are well
documented. The courts have ruled that this evidence was easily
obtainable at the time of the original trial, and therefore, cannot be
the basis of a new trial. Louisiana has no legal prohibition for
executing people who are mentally retarded.

However, now that Robert's mental retardation has become known, one
juror has come forward, unsolicited, and said that had he known of these
facts, he would have voted for a Life Sentence, rather than Death. In
Louisiana, if one juror votes for a life sentence, the judge must
sentence the defendant to life.

Page 2

_4

‘ a only by the gentler pele green; sign of nervousness and half- | Dr. Serkew
ates oF walls above. tach hong fingerselis looked snew | his assistant
aoread fingers | ministers requested
Litiaataliaty At midnight the executioner, am eee ee rae ae on
enormous mias whe hed bese | pu: be stil omiled as he looked | a prets
checking the control board sear | eut en the strained Mttle grovp engeon
——— - the hark WOOsen eaeetrige Sarr, | petore ttn _+_Deputy_Masilig,State—P-o-+1-0-0-
Varies
motioned to 2 deputy to mum | aner the official reading of | 06” Yarue Fount
mon the condemned man. from the death warrhat by the sher- Jowa, Allan House
—— oe ae venfpablih AACA ADO er see: ph <aprigbete ened netbeans Lake. Charies..sd_W.M..Daxie..
oo. CANTON, Miss. h—Mississippi's; The death chamber was mer oe oe oat
all the five candidates for governor stood | PISielY @iel- tet strapped Sauds into the chair. | ‘The husky Corpus Christi Ne-
vate ea the same platform last night Than ty Deputy Senn C. Mask ; sisi cons gre was twice éenvieted for the
& fer the first time and promised| !y moved toward the stairs First, wide straps June 2, 1963 slaying ef €3-year-
there sounded buckled ia place seress his body
ae uw to keep Negroes out of white pub- a a packet nn the chest and the | Of Deputy Gost, whe was
t & was Hie schools Hf elected. above raised in song. Other , other just below the waist, Then easy ee
The joint speaking engagement voices, two or three, joined the | the stectrodes were strapped en .
; was sponsored by the Citizens singing and hymns—strange- | eech leg, Goes was
- large ouncils, a white organization de- tee stave 00 at even the gener- | The prevedure required me Sons bome
@ say it ; | ator could not drown the sound. miles northeast
, the U.S. Supreme Court decision fauis exchenged insedible re | 2 oo
valk you outlawing such practice. Just as suddenly as it ——— marks with the executioner and wastinete ts
_| the singing stopped and in tried to help once by holdiag 8
~_ bands About 800 white persons, includ-} owing quiet every witness strap in place until K was buck- the rustling
3. a once, jag candidates for state and local jautiel r face toward the son told
‘nents fee- effices, jammed the high school| {ummed # somber | me | led. | ta 2 ear parked im tae tela, | Se
- 4 im- the saditorium to bear the candidates. power os appeared “Well, Robert Lee, do yeu "i's
| ewe, alt Cheers and applause punctuated) NOE | wave anything to say?” Sheriff Guss'’s Geathood statement i | 14 4. sentted all the way to
a 8 et each 15-minute talk. The condemned man walked | peg asked dicated that be was holding | 4. chaie trem which he was |
» ort forma The speakers were former G without faltering down each of | ae oe the Negre | carried hess than 15 minutes ro
Romy t Gov.| the 22 steps toward his death, | Sauls smiled and then spoke | asted Hf he could get out of the 1 oo gang
Ficlding Wright; Mre.-Mary Cain.| his smil _| gor soveral_seconds but _mostof | car, He said thet when he lat
cont tate —_ammlt_nemapaparnoman;—Atey-fit rr cugnt a familar face. | bis remarks were Growsed vy | Mim get out OC Tie CNT, EGWS | la another 15 misules the body
Mm med Gen. J. P. Coleman of Ackerman;| the noise of the generator, with | started firing wes taken to Combre funeral |
attorney Ross Barnett of Carthage; He wore a new black suit with art ‘ :
Sad athurnay Poul Sehanch of ak-| swlie ahiet, aiaak tio ond tinek | MY fragment HTS. Sauls confessed te shooting — eat a wad tare
tiesburg. and white spectator shoes. His “I'd just like to say I want te pret but en in Bis | sister in New York.
The Citizens Councils claims 253 var Degg shaved for the brime- | thank the good Lord and all the per on t had shot ie ie -_
chapters and about 55,000 mem-| gi fois ‘tog the ae for | @8 though he were going to fire. | ty's witmesses to man's justice
bers in meny Mississippi cognties.' At his side was Depuly Masil- .. » Ghdeons . . athe " j
bringing me ice cream. James St. Dizier and Russell | in the name of man also drifted
pee Ma a ly and directly behind them the Van Norman, Stuls’ court-ap- | out toto the darkness of a sleep-
Goos’ Slayer-- Rev. Clintoe 8 went and the | sheriff Reid, who was stand | pointed defense attorneys, won 2 | ing world
eit, ntaistere ington, |Negre | ing right beside Sauls, said lat | new trial in an appeal to state
(Ceitined: trom. Pededne) | sit iact nel oe ex be could not hear all thet | supreme court after his first | Dew® was still far away.
is last half hour with him. he said but that he had mostly eeaviction, The prrteny
the entrance corridor of the jail fa dl gp ney Pod a expressed his trust in the Lord | made an appeal to the high Indi Sovi t
where the portable electric chair | pin gic ne took the hend of one | aa his appreciation for all of | court from the second conviction ian, 1et--
hed been set up in front of a | and said “Goodbye.” ‘Then pro- | the kindly gestures shown him | but a mew trial was denied. | (Continued from Page One)
few rows of folding chairs. | ceeding toward the chair he | Curing his two years Earlier this spring the defense ‘!
Blankets were draped over the | shook each witness's hand and penne. gained @ reprieve the day bo (ee .v7e Soverement is taking oft
barred doors to break the view | *miled at each as he pessed. mentioned the Gideons possible measures to ease tension
from adjoining rooms. ore as the oo among others for their visits and | April 1 to clear the way for a is in the region of Taiwan (Fore
Angry red lower walls of the omg the familiar pot Leper named 6 cif dnirhy pardoa board hearing. The board /mosa). Lately the news has come
narrow corridor (about nine feet | line gesture before seating him- man ( name the 6 subsequently denied an appeal |to us of the representations made
je whith) pected almost vulgar | seif-as Though 10 vead. ~~ | Could not hear) who had braaght| for commutation of seatence iby the Indias representative Krish
te the harsh light — relieved Only Bie hands showed ang | Mm ice cresm oo cum to | based om defense contention that [na Menon. Let us hepe thet our
satisfy a sweettooth long since | Sauis was a victim of epilepsy | joint efforts ease the tension.”
famous at the jail. and ‘mentally defective’ to the “4 ws
extent that
At 12:00 the executioner fitted | Sxieat that should prohibit © lier peace will be beld by others,”
the esp containing electrodes on * _. |Nehru respoaded. ‘‘Biace 1-came
Bauis’ head and as the black | -Yrecution was reset for teday jto your great country, I have
Seatines mate ene ou tex he between midnight and 3 a.m. sensed the strong desire and
lace witnesses g yearning of your people for peace.
glimpse of a smile with eyes | Yesterday a New Orleans pey- |My people echo that yearning as
——}-east towards the beavers. chiatrist hired. by. a-citizems’ tun other peopte.* ~~~
group to examine Sauls reported
“Best of luck, Robert. and God | his findings unfavorable to the | Then Nehru and Buigasin raised
9 ie --— bless you.” Sheriff Reid said. It | detense's-case in that-he believed jtheis glasses and - toasted--“all
A 17-JEWEL : was 12:10 a.m. the condemned man sane aad | peacemakers.”
< “not mentally defective.”
r ‘i As the executioner threw the The Indian prime minister will
NURSE S . switch Sauls’ body thrust up- Meanwhile yesterday's final |be visiting Moscow or touring al
en ee peers | ward against the straps and re- | hope that the governor (who had |tbe Soviet Union until June 23.
‘ies. : mained taut until the switch was | requested and held the complete am }
> > record of the case) would grant | 1s New Deihi, the British-owsed
- gnother reprieve waned and -fi- Statesman said
sare emer dicpaame vain gin dg
- Sauls spent his last day as he |without strings.” The paper's cor~
© BUSINESS WOMEN straps until the switch was TF | nas the past nine days—with a |resposdent is Nat
© HOUSEWIVES ‘ cellmate, Joseph Lee, 25-year- |ru's party i
© SPORTSWEAR “Close that window,” the ex- | old Negro serving six months for ect.
You'll wear this watch with pride ecutioner said as he motioned | a clothing theft Other Indian papers hiatel

and confidence. It's built te give
you precision timing under the

mest exacting conditions. Smart!

t& WATER-REPELLENT

examine the Lody. He pointed to Deputies said Lee was moved
a window at the rear of the
"

e NEW rg

. Sheriff
of faces could be seen SUBURBAN STORE

"Deputy Ray Gilard, whe §

Reid said later that some of the
a __ ft SHOCI-RESISTANT -..- + yaa Teor Ta Were AttebAEAT TG paid Sey py
1 power be- & SWEEP SECOND HAND for the generator parked im the | reading the Bible and adapting
na of frontier te NON-MAGNETIC jail’s back yard. asia
ior ne - ae HOHE VISION: Btat 1 ee a a aR NN re if 362
® STAMARIS STEMCASE | Jy es a nae: be Shop In Air Conditioned Comfort
: . ; seen standing on the stairway Y
picid i tn landing looking down inte ‘the Saturday .. LAST DAY .
e legs :
at ax Eng: ORDER - : 1. a aa Se —__—te-Savein Fair's —-____-
wt him on 8 sy barred
c= | £ : DAYS!
5. The second OR
head. PHONE “s *
a bt '- ra * ; .
{


RE tie

.
ee
‘Sa

NWIERSI CE NERS

568 La.

State, or to any parish or municipal
corporation thereof; provided, the
heirs to confiscated property may be
released from all taxes due thereon at
the date of its reversion to them.”

The majority opinion further states:

“Obviously, then, the price is dedi-
cated to the liquidation of the mention-
ed charges on the property and-all tax
liens, paving liens or other encum-
brances become extinguished when the
sale is made. Any claim for their pay-
ment is referable only to the proceeds
of the sale.”

If the legislature had intended any such
concept, it would have so stated. The writ-
er believes that it religiously refrained from
coming to any such conclusion because of
fear that such a provision would violate the
constitutional mandate above recited.

The writer asks for a prayerful consider-
ation of this dissent takén in connection
with an application for rehearing, when
and if made by the City of New Orleans.

The emergency is certain, and the issues
* .
are grave and all should be reconsidered as
a whole.

For the reasons assigned, I respectfully

dissent.
224 La. 1063

STATE v. SAULS.
No. 41589.
Supreme Court of Louisiana.
March 22, 1954.

Prosecution for murder, wherein re-
port of lunacy commission to the effect
that defendant was sane at time of commis-
sion of alleged offense was filed during
trial. The Fourteenth Judicial District
Court, Parish of Calcasieu, Mark C. Pick-
rel, J., entered judgment of conviction.
Defendant appealed. The Supreme Court,
Ponder, J., held that report of Innacy com-
mission must be accessible to attorney for

71 SOUTHERN REPORTER, 2d SERIES

accused prior to trial allowing sufficient
opportunity to prepare defense.

Conviction and sentence set aside and
case remanded for new trial.

Criminal Law €=625

Report of lunacy commission as to
sanity of defendant at time of commission
of alleged homicide must be accessible to
district attorney and attorney for accused
prior to trial allowing sufficient time to
afford accused opportunity to prepare de-
fense. LSA-R.S. 15:268, 15:269,

———>__—.

James R. St. Dizier and Russell H. Van
Norman, Lake Charles, for appellant.

Fred S. LeBlanc, Atty. Gen., M. E. Cul-
ligan, Asst. Atty. Gen., Griffin T. Hawkins,
Dist. Atty., Lake Charles, for appellee.

PONDER, Justice.

The defendant was convicted of the
crime of murder and sentenced to death:
he has appealed from the conviction and
sentence.

We are presented on this appeal with
ten bills of exception taken by counsel for
the defendant to the rulings of the trial
judge. Three of the bills of exception di-
rected at alleged irregularities in the pro-
ceedings, relating to the insanity of the
defendant at the time of the commission of
the crime, have given us concern and will
be considered together.

The defendant was arraigned on October
7, 1953 and entered a plea of not guilty.
His case was sct to be heard on October 21,
1953. On October 10, 1953, the defend-
ant’s counsel filed a motion for the appoint-
ment of a lunacy commission to inquire
into the present sanity of the defendant
and the sanity of the defendant at the time
the crime was committed. The motion was
granted and the court appointed a lunacy
commission to inquire into the present
sanity of the defendant and the sanity of
the defendant at the time of the commis-
sion of the alleged offense and ordered
them to make their report to the court in

sthanerpine sms

STATE v. SAULS La. 569
Cite as 71 So.2d 668

writing on October 13, 1953, if possible.
On October 13, 1953 the lunacy commission
filed its report as to the present sanity of
the accused. A hearing was had on that
date and counsel for the defendant was
granted until October 16th to furnish ad-
ditional* evidence. On October 16th evi-
dence was adduced and the trial judge
found the defendant to be presently sane
and the court ordered the fixing of the case
for trial for October 21st to remain in
force and effect. On October 21, 1933,
the date fixed for the trial, the defendant
moved for a continuance alleging that the
lunacy commission had not reported on
the mental condition of the defendant at
the time of the commission of the offense
and that he was entitled to access to the
teport when made in order to prepare a
defense. The trial judge ordered a recess
of court until 2:00 o’clock p. m. at which
time one of the members of the lunacy com-
mission was examined by the court and
filed his written report as to the sanity of
the defendant at the time of the commis-
sion of the offense. Counsel for the de-
fendant objected to the report on the
ground that it was not signed by the other
member of the commission and moved for
a further continuance which was denied
by the trial. judge. Counsel for the de-
fendant then requested the court for ad-
ditional time to file an amended motion for
a continuance, which was denied. Counsel
then moved that the defendant be permitted
to withdraw his former plea of not guilty
and to enter a plea of not guilty by reason
of insanity at the time of the commission
of the offense. The court permitted the
withdrawal of the plea of not guilty and
the entering of the plea of insanity at the
time of the commission of the alleged of-
fense. The case was called for trial and
after three jurors were selected the other
member of the sanity commission was
called and he filed a report to the effect
that the defendant was sane at the time of
the commission of the alleged offense.
€ounsel for the defense objected to the
71 So.2d—36%

offering of this report. \ Bills of exception
to the rulings of the court were timely
taken and are now under consideration.

Counsel for the defendant contends that
he was denied a reasonable access to the
report of the Iunacy commission in viola-
tion of the provisions of LSA-R.S. 15 :269
which provides in mandatory language that
“the report shall be accéssible to the dis-
trict attorney and to the attorney for the
accused.”

In the case of State v. Winfield, 222 La,
157, 62 So.2d 258, we pointed out that the
language of the statute, LSA-R.S. 15 :269,
is mandatory that the report shall be acces-
sible to the district attorney and the attor-
ney for the accused. The access to the
report contemplated by the statute must
be prior to the trial allowing sufficient time
to afford the accused an opportunity ‘to
prepare his defense. Access to the report
on the date of the trial or during the trial
would not afford an accused this opportu-
nity. It is provided in LSA-R.S. 15:268
that the appointment of the lunacy com-
mission does not preclude the state or the
defendant from calling expert’ witnesses
to testify at the trial and in case the de-
fendant is committed to custody that these
experts shall have free access to the de-
fendant for the purpose of examination or
observation. It would, therefore, appear
that a reasonable interpretation of both of
these provisions of the LSA-R.S. 15:268,
15:269, contemplate that the access to the
report of the lunacy commission must be
afforded to the accused at a reasonable
time prior to the trial in order that the ac-
cused may corroborate or contradict the
report by testimony of other experts if nec-
essary to his defense.

Since we have arrived at this conclusion,
it is unnecessary to pass upon the other
bills of exception taken by the defendant.

For the reasons assigned, the conviction
and sentence are annulled and set aside
and the case is remanded for a new trial.

Pane
.@
-w
aa

o

oF

°SG6T SOT eunpr uo f*eT ‘soT eu aye] peqnocaqoete *4zeqoy *SINVS

|


a
ss

cr

a

F = to show actual innocence of the death pen-
3 a alty, Sawyer must demonstrate that his
3 =. newly proffered evidence, when viewed in
© - conjunction with the record evidence, would
lead a rational trier of fact to entertain a
reasonable doubt as to the findings of both
" aggravated arson and the “especially hei-

“ nous, atrocious and cruel manner of
- death.”

aC. Claim 1

In his first claim, Sawyer alleges that he
=... was denied effective assistance of counsel
rs , and an opportunity for a meaningful and
@e-. individualized sentencing determination be-
=. cause his trial counsel failed to investigate
© mitigating evidence and to obtain expert
mental health testimony and present such
4 testimony at the sentencing phase of his
= trial in mitigation of the death penalty.
© Sawyer specifically raised this same
© ground for relief in his first habeas peti-
(tion, and the claim was. rejected on. its
“merits. Sawyer now presents additional
substantial evidence showing his organic
* brain damage, moderate mental retarda-
} tion, and various other. mental disorders, as
well as childhood abuse and neglect. . Spe-
F cifically, Sawyer shows that he was hospi-
3 ‘talized i in four mental health facilities, that
he received shock therapy, and that he was
judicated incompetent by the State of
| Tennessee in 1967. Further, newly sub-
E mitted mental evaluations suggest that
& Sawyer’ S organic brain damage impairs his
= ability to control his actions. Because Saw-
yer admits that he raised the claim of inef-
ctive assistance of counsel at the sentenc-
cing phase in his prior petition and that it
».was rejected on the merits, he must supple-
‘ment his claim by showing a fair probabili-

ity that a rational trier of fact would have
Efi.

19. The relevant mitigating circumstance is as
follows:

‘At the time of the offense the capacity of the
offender to appreciate the criminality of his
Je-conduct or to conform his conduct to the
é}.'requirements of law was impaired as a result
* of mental. disease or defect or intoxication[.]
ey La.Code Crim.Proc.Ann. art. 905.5(e). As the
State of Louisiana points out, Sawyer did

; SAWYER y. WHITLEY .. 823
Bs 4 Cite as 945 F.2d 812 (5th Cir. 1991)

entertained a reasonable doubt as to the
existence of those facts which are prerequi-
sites under Louisiana and federal law for
the imposition of. the death penalty.

Sawyer asserts that the incompetence of
his trial counsel resulted in the introduction
of false and misleading facts and precluded
the development of true facts concerning
his mental status and psychological back-
ground. These factual inaccuracies, he
claims, foreclosed the jury from consider-
ing a statutory mitigating circumstance
that should have been applied to his case.}9
Sawyer contends that but for these errors
of trial counsel, the outcome of the jury’s
sentencing deliberations would have been
different.

[9] Under Louisiana law, mitigation evi-
dence, without more, cannot suffice to dem-
onstrate that a petitioner is actually inno-
cent of the death penalty. Because this
evidence does not implicate the validity of
the two aggravating circumstances which
the jury found in order to impose Sawyer’s.
death sentence, a rational trier of fact still
could have recommended the death sen-
tence. Consequently, we must reject this
claim as. successive without addressing its
merits.

D. Claim 2

[10] In his second claim, Sawyer alleges
that the issue of his competence to stand
trial, although raised at the time of his
trial, was not adequately resolved because
the sanity commission rendered an incom-
petent evaluation. Because Sawyer raises
this claim for the first time in his second
petition for habeas corpus, we may consid-
er it only if he has not abused the writ.
Sawyer does not contend that the govern-
ment or some other external factor ob-
structed his ability to raise the issue of his
incompetency to stand trial in his first fed-

present a defense of toxic psychosis due to alco-
hol ingestion when he was tried. He did not,
however, raise the issue of his organic brain
disorder in his initial trial. Either or both of
these defenses, if accepted by the jury, would

‘qualify for this statutory mitigating circum-
stance.

iW
4
%
if
3
%
4
¢
4

Ey aS ee a Re Ree ee ET ee

Be EES

822 945 FEDERAL REPORTER, 2d SERIES

the existence of any of those facts which
are prerequisites under-Louisiana or feder-
al law to the imposition of his death penal-
ty. In order to assess how a rational trier
of fact would view the newly proffered
evidence, we must.understand how the
state statute directs the trier of fact to
study the evidence.

[7] Under the Louisiana capital sentenc-
ing scheme, the jury is authorized to assess
the death penalty so long as it finds at
least. one statutory aggravating circum-
stance beyond a reasonable doubt. . La.
Code €rim.Proc.Ann. Art. 905.3 (West
Supp.1991). After it so finds, the statute
imposes a procedural requirement that the
jury consider any mitigating circumstances
before it assesses. the death penalty. Jd."7
The statute provides a definitive list of
aggravating circumstances, Art. 905.4, and
a nonexhaustive list of mitigating circum-
stances. Art. 905.5; see 905.5(e) (providing
for consideration of “[a]ny other relevant
mitigating circumstance”). The finding of
one or more mitigating circumstances does
not foreclose the jury from.imposing the
death penalty in the presence of at least
one aggravating factor. See Art. 905.3.
Under the Louisiana scheme, therefore, a
rational juror conceivably could choose to
give no weight to any of the mitigating
factors and. impose. the death penalty so

long as it has found, beyond.a reasonable

doubt, the’ existence of a single aggravat-
ing circumstance.

[8] It’ is: ar under: the Louisiana
scheme, that additional nitigetion evidence
cannot detract from the jury: s. ability to

sizing that a showing of acral prehadiicn with-
out showing cause would not permit a court to.

‘review the merits of a procedurally defaulted
habeas claim); see also McCleskey, 111 S.Ct. at
‘1474-75 (finding that because petitioner lacked
cause, the court did not need to consider wheth-
er he “would be prejudiced by his-inability to
raise the alleged Massiah [v. United States, 377
U.S. 201, 84 S.Ct. 1199, 12 L:Ed.2d 246 (1964) ]
violation at this late date,” and also concluding
that petitioner could’ not “demonstrate that the
alleged Massiah violation caused the conviction
of an innocent. person”).

find any aggravating factor which sup-
ported its imposition of the death penalty.
The only factual prerequisite to assessing
the death penalty: imposed by Louisiana
law that is. relevant here is the finding of
an aggravating circumstance beyond a rea-
sonable doubt. In applying the Jackson v.
Virginia standard of review to a Louisiana
death sentence, therefore, we must ask
whether a fair probability exists, in light of
the evidence tendered to the court on this
second habeas review, when examined in
conjunction with all the record evidence,
that a rational trier of fact would entertain
a reasonable doubt as to the existence of
each and every one of the, aggravating
circumstances found by the-jury when it
originally imposed the death penalty.!®

*. Only by demonstrating that a fair proba-
bility exists that the jury could not have
sentenced him, i.e.;. would not have been
authorized to sentence: him, to death as a
matter of law can Sawyer show that he is
actually innocent of the death penalty.
The jury that recommended Sawyer’s death
sentence found

(1). that: [Sawyer] was engaged in the
perpetration’ of aggravated arson; (2)
that the offense was committed in an
especially . heinous,. atrocious and cruel
manner; (3) that [Sawyer] was previous-

ly convicted of an unrelated murder and
sentenced. defendant to death. On ap-
peal, this court found that the last aggra-
vating circumstance was not supported
by. the evidence. .

Sawyer v. State, 442 » So. 2d 1136 (is. 1988),
cert. denied, 466 U.S. 931, 104 S.Ct. 1719,

80 L.Ed.2d 191 (1984). Therefore, in order

17. See also State v. Sonnier, 380 So.2d 1, 8
(La.1979) (reversing death sentence in light of
Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57
-L.Ed.2d. 973 (1978) and jury’s “apparent dis-
regard” of several mitigating factors).

18. Only aggravating factors predicate the jury's
authority to assess the death penalty under Lou-
-isiana law: Therefore, if we were to entertain a
claim based: on-mitigation evidence, we would
be compelled to scrutinize the jury’s deliberative
process, an exercise that the Jackson Court ex-
plicitly forbade. See 443 U.S. at 319 n. 13, 99
S.Ct. at 2789 n. 13.

C. Claim 1

show actual innocence of
ty; Sawyer must demon
ewly proffered evidence, +
conjunction with the record «
ead a rational trier of fact

«reasonable doubt as to the f
= aggravated arson and the
**< yous, atrocious and cru

©: déath.”

|
©In his first claim, Sawyer
was denied effective assist:

and an opportunity for a |
+ individualized sentencing de

cause his trial counsel faile
mitigating evidence and t«
mental health testimony ar
‘testimony at the sentencin
trial in mitigation of the
Sawyer specifically rais:
ground for relief in his fi

~ tion, and the claim was

merits. Sawyer now pre

= ‘substantial evidence sho
-brain damage, moderate

tion, and various other men
well as childhood abuse an
cifically, Sawyer shows the
talized i in four mental healt
he received shock therapy, |
adjudicated incompetent b
Tennessee in 1967. Furtl
mitted mental evaluation:
Sawyer’s organic brain dan
ability to control his actions
yer admits that he raised t
fective assistance of counse
ing phase in his prior pet

=~ was rejected on the merits,
- ment his claim by showing

ty that a rational trier of

19. The relevant mitigating «
follows:

- At the time of the offense
offender to appreciate the
conduct or to conform f
requirements of law was it
of mental disease or defec
La.Code Crim.Proc.Ann. a1

State of Louisiana points


j
>
;
i
i
!

Rees pepe es see

meng haces #
io ee as

eee

Sn irre

¥

« |
’

ae
i
ae:
eye!
i

820 945 FEDERAL REPORTER, 2d SERIES

the death penalty. See Adams, 489 U.S. at

412 n. 6, 109 S.Ct. at 1217-18 n. 6. . It must.

challenge the facts which triggered the

jury’s authority to impose the death penal-
ty. In assessing when a habeas petitioner
can be actually innocent of the crime of
which he was convicted, the plurality in
Kuhlmann focused on whether the peti-
tioner had shown a fair probability that, in
the light of all the evidence, the trier of
fact would have entertained a reasonable
doubt as to his guilt.” Translating Kuhl-
mann’s guilt-innocence phase test to the
sentencing phase, then, we must require
the petitioner to show, based on the evi-

11. The Kuhlmann plurality incorporated Judge

_ Friendly’s proposal in articulating this standard.
See 477 U.S. at 455 n. 17, 106 S.Ct. at 2627 n. 17
(specifying that “all of the evidence” includes
“that alleged to have been illegally admitted
(but with due regard to any unreliability of it)
and evidence tenably claimed to have been
wrongly excluded or to have become available
only after the trial’” (quoting Friendly, supra
note 7, at 160)).

12, The use in Kuhlmann and succeeding Su-
preme Court cases, and our use, of the term
“fair probability” as an indication ofthe thresh-
old that petitioner must reach does. not in any

'. way. detract from the premise of Jackson that

the evidence is sufficient so long as a rational
juror can find a pathway through all the evi-
. dence to convict (or; as here, sentence) the de-
fendant. Under Jackson, a trier of fact is free to
choose among reasonable constructions of the
- evidence. ‘United States v. Bell, 678 F.2d 547,
549 (Sth. Cir,1982) (en. banc); aff'd on. other
grounds, 462 U.S. 356, 103 S.Ct. 2398, 76 L.Ed.2d

638 (1983);

13. - We have used the term “trier of fact” consist:

ently throughout. this opinion, .and. recognize

_ that usually the jury is the trier of fact. De-

pending on how.a state allocates the responsibil-
‘ity for complying with its own as well as federal’
requirements in: its death‘sentencing scheme,
however, the jury, trial judge, or appellate court
may have shared or independent obligations to
‘ensure that a death sentence is imposed in ac-
cordance with state or federal law. In some
circumstances, a trial judge or an appellate re-
viewing body alone may bear the responsibility
for determining the existence of one: or more
facts that must be found under state or federal
law before the death sentence can be imposed.
In an instance dealing with such a determina-
tion, the inquiry’ would be whether the body
vested with the responsibility for making that
determination in the first instance probably

dence proffered plus-all. record evidence, a
fair probability. that, a rational. trier. of
fact '* would have entertained a reasonable
doubt..as to the existence of those facts
which are prerequisites under state or fed-
eral law for the imposition of the death
penalty.’® That is, a petitioner is not actu-
ally innocent of the death penalty unless he
demonstrates, under all the evidence that
was and arguably should: have been
presented, that the jury would not have
been authorized to sentence him to death.
See Bullington, 451 US. at 439, 101 S.Ct.
at 1858 (distinguishing a death sentence
proceeding from. other sentencing proce-
dures in which there is “no separate sen-

would have entertained a reasonable doubt as to

the fact that it is required to determine. See,
e.g., Enmund v. Florida, 458 U.S. 782, 801, 102
S.Ct. 3368, 3378-79, 73 L.Ed.2d 1140, 1154
(1982) (reversing Florida Supreme Court deci-
sion to affirm death sentence absent trial court
finding that accomplice, who did not kill or
attempt to kill, intended killing or use of lethal
force); Gregg-v. Georgia, 428-U.S. 153; 191-92,
204-05, 96 S.Ct. 2909, 2933-34, 2939-40, 49
.L.Ed.2d -859 (1976) (plurality) (indicating that
,Sentencing authority can be allocated to either
court or jury, and holding that state supreme
court’s capital sentence review procedure assist-
-ed in preserving the constitutionality of the state
sentencing scheme).

14. There are several circumstances under which
the death ‘penalty is unavailable as a’matter of
constitutional law. » See, e.g.,. Thompson v. Okla-
homa, 487; U.S.. 815, .857-78, 108 S.Ct. 2687,
2711, 101 L.Ed.2d 702 (1988) (O’Connor, J., con-
curring) (persons under 16 years of age when
they commit ‘capital: offense. cannot receive
death penalty unless legislature clearly includes
them by setting a lower minimum age); Tison v.
Arizona, 481 U.S. 137, 157-58, 107°S.Ct. 1676,
1688, 95 L.Ed.2d* 127 (1987): (minor partic-
ipation in felony: underlying felony murder con-

.Viction cannot support, death penalty absent
finding that defendant exhibited at least reckless

- disregard for human life);: Ford v. Wainwright,

 477-U.S. 399, 409, 106 S.Ct.. 2595, 2602, 91
.L.Ed.2d.335 (1986) (Constitution prohibits exe-
cuting death sentences of insane persons for the

“duration of their insanity); “Coker v. ‘Georgia,
433. U.S.. 584,° 592, 97:: S.Ct. 2861, 2866, 53
L.Ed.2d 982 (1977) (plurality), (rape conviction
cannot serve as basis for death sentence).

15. See also Johnson, 938 F.2d at 1183.: In John-

“son, the Eleventh Circuit recently proposed a
standard to assess whether a petitioner is actual-
ly innocent of the death penalty:

p. ‘tence. See id. at 1186,

«-:tencing: proceeding
» .tion- [is] required. to.
». sonable doubt—addi
justify the particul
~" Jackson v. Virgini
_ foundation for the
“fully limited the role
=. ing a sufficiency of
= Jackson directed th
= examine all of the e
= most favorable to t
m:- US. at 319, 99'S.Ct.
explained that it imp
so that the review
Sury’ discretion only
sary to guarantee th
tion of due process
Court further reason
ca The question of

21s constitutionally s
«Wholly. unrelated to

' [A] petitioner may m
“iy that he is actually inn
ty by presenting evid
stitutional error imp]
”*-ing factors found to
', ing body. That is, b
_ tutional error, the se
~ have found any aggr
- “3 the petitioner was ine
salty. In other wor
;- Show. that absent th
error, the jury would
tion to impose the d

Id. (emphasis in origi
~ here emerges from the
cerns discussed by the
‘ty. In devising a frame
“al innocence of the dea
-.: that the broad discretio
~, bodies. under both fede
* few objective criteria u
; @ whether a sentencer ha
+the death penalty. See
‘{nizes that both state a
imposed on death pen
“inquiry into actual inn

*C.J., concurring and di

16.-.Sawyer urges us to
‘,would inquire into whet
tional violations in the
trial “precluded the d
<for] resulted in the ad
“(quoting Smith, 477 U.


’ sonable doubt—additional facts in order to
#- justify the particular. sentence.”)

a Pa

ey Jackson v. Virginia, which provided the
e foundation for the Kuhlmann test, care-

- fully limited the role of courts in conduct-
ing a sufficiency of the evidence review.
Jackson directed the reviewing’ court to
examine all of the evidence “in the light
most favorable to the prosecution.” 443

explained that it imposed this requirement
so that the review would ‘“Smpinge[ ] on
‘jury’ discretion only to the extent neces-
Sary to guarantee the fundamental protec-
tion of due process of law.” Id.” The
Court further reasoned: ah

The question of whether the evidence
Is constitutionally sufficient is of course
wholly. unrelated to the question of how
» rationally the verdict was reached. Just
‘as the standard announced today does

[A] petitioner may make a’ colorable showing
“++ that he is actually innocent of the death penal-
ty by presenting evidence that. an alleged con-
;:, , Stitutional error implicates all of the aggravat-
*”““ing factors found to be present by the sentenc-
i) ing body. That is, but for the alleged -consti-
tutional error, the sentencing body could not
,. have found any aggravating factors ‘and thus
“3 the petitioner was ineligible for the death pen-
22 alty.<In« other words, the petitioner: must
-. Show, that absent the alleged constitutional
__ error, the jury would have lacked the discre-
‘tion’ to impose the death penalty*°* "53>

bor Id. (emphasis in original). The. test we set forth
here emerges from the same fundamental con-

‘that the broad discretion afforded to sentencing
bodies, under both federal. and state law leaves’

ECT INNS DN oy 02 cI NS OED
ON RO AE ERE mR AO MOR CES mR ey

46.;, Sawyer urges us to apply a test. that. first
2would inquire into whether the alleged constitu-
tional violations in the sentencing phase of his

al “precluded the development of true facts
-<{or] resulted in the admission of false ones.”
(quoting Smith, 477 US. at 538, 106 S.Ct. at

~ = ° SAWYER: y. WHITLEY

US. at 319, 99 S.Ct. at 2789. The Court -

Se Seer renee

: 821

Cite as 945 F.2d 812 (5th Cir. 1991)
Pa tencing proceeding at which the prosecu- not permit a.court. to make its own sub-
=. tion [is] required to prove—beyond a rea- jective determination of guilt or inno-

cence, it does not require scrutiny of the

reasoning process actually used by the
fact finder—if known...

Id. n. 13. The core concern of the Jackson
Court, in designing the sufficiency review,
was to insulate the discretionary function
of the jury from judicial scrutiny. This
concern constrains our review of a claim of
actual innocence of a capital sentence to
only those facts which provide the predi-

cate for the jury’s authority to assess the
death penalty.

Like the petitioner ‘in Smith, Sawyer
maintains that his claims, if true, would
render him innocent of the death penalty.16
Therefore, we must consider, based on the
new evidence he presents viewed in con-
junction with all of the evidence admitted
in the trial court, whether a fair probability
exists that a rational trier of fact would
have entertained a reasonable’ doubt as to

2668). He would then have us ask whether
there is a fair probability that, but for this
alleged error, the trier of fact would not have
imposed: the. death penalty. We do not believe
» that this test. accurately interprets the meaning
of actual innocence as presented in Smith and
cases following. It is true that the Smith major-
“ity concluded that refusal ‘to consider the merits
of -Smith’s claim would not pose the risk of a
fundamental miscarriage of justice because the
alleged’ error neither caused the admission of

alse facts nor precluded the ‘development of
true ones. . See 477 U.S. at 538, 106 S.Ct. at 2668.
It. is. clear, however, . that. the . Court did not
intend Smith to stand for the converse proposi-
tion—that the admission of false facts or the

~ omission of true facts would end the inquiry
.into: whether a.petitioner is actually innocent of
. the death penalty... Adams explains that actual

innocence requires more than a showing that a

~ constitutional violation undermined the accura-

‘cy of the sentencing decision. See 489 U.S. at
412 n. 6, 109 S.Ct. at 1217-18 n. 6;- see also

“Johnson, 938: F:2d at 1182 (factual inaccuracy

“may well ‘be necessary to a claim of. actual

innocence,”. but is insufficient unless that inac-

curacy affects the sentencer’s authority to im-
pose the death penalty). Because the test that
Sawyer proposes would make actual innocence
indistinguishable froma showing of actual prej-
udice, and thereby turn the exceptional case
into an “all too ordinary one,” id; we do not
adopt it. See Carrier, 477 U.S. at 495, 106 S.Ct.
at 2649 (clearly distinguishing between actual
innocence and actual prejudice, and re-empha-


U.S. SUPREME COURT REPORTS

is eligible for the death penalty be-
cause (a) he was convicted of first-
degree murder—that is, an inten-
tional killing while in the process of
committing aggravated arson—and
(b) the jury, at the sentencing phase,
found two valid, statutory, aggravat-
ing factors that (i) the petitioner was
engaged in the commission of aggra-
vated arson at the time of the mur-
der, and (ii) the murder was commit-
ted in an especially cruel, atrocious,
and heinous manner; (3) as to the
first claim—to the effect that the
petitioner’s right to the effective as-
sistance of counsel was allegedly vio-
lated through his counsel’s failure to
introduce at sentencing medical re-
cords from the accused’s stay as a
teenager in two mental health insti-
tutions—(a) that evidence does not
relate to innocence of the crime or
to either aggravating factor, as the
petitioner does not allege that his
mental condition was such that he
could not form criminal intent under
the state’s law, (b) even if the re-
cords had been before the jury, it
cannot be said that a reasonable
juror would not have found both
aggravating factors, and (c) in the
same category are affidavits from
the petitioner’s family attesting to
deprivation and abuse suffered by
the petitioner as a child; and (4) as
to the second claim—to the effect
that the police, in violation of due
process, failed to produce allegedly
exculpatory evidence related to the
petitioner’s role in the offense—(a)
much of the evidence goes to the
credibility of a prosecution witness
and is the sort of latter-day impeach-
ment evidence that will seldom if
ever make a clear and convincing
showing that no reasonable juror
would have believed the heart of the
witness’ account, and (b) while the

274

120 L Ed 2d

final bit of evidence—another per-
son’s affidavit that the witness’ then
4-year-old son had stated to a police
officer on the day after the murder
that the petitioner had tried to pre-
vent his accomplice from lighting
the victim on fire—goes to the find-
ing of aggravated arson, and thus to
both innocence of the offense and to -
one aggravating factor, the affidavit,
in view of the other evidence in the
record, does not show that no ra-
tional juror would have found both
aggravating factors, for (i) the mur-
der was especially cruel, atrocious,
and heinous, based on the undis-
puted evidence of torture apart from
arson, (ii) even crediting the hearsay
affidavit, it cannot be said that no
reasonable juror would have found,
in light of all the evidence, that the
petitioner was guilty of aggravated
arson under the state’s law as to
principals, (iii) the fact that the son
has no clear present memory of the
crime, together with the son’s tender
years at the time of the crime, sug-
gests an independent basis for refus-
ing to find that the affidavit shows
anything by clear and convincing
evidence, and (iv) there was evidence
of the petitioner’s fingerprints on
the can containing lighter fluid
which was poured on the victim’s
body and ignited. (Blackmun, Ste-
vens, and O’Connor, JJ., dissented in
part from this holding.)

_ Habeas Corpus §§17, 37, 113 —

state conviction — successive,
abusive, or procedurally de-
faulted claim — federal re-
view of merits — cause and
prejudice — actual innocence

3a, 3b. Because of concerns for the
finality of state judgments of convic-
tion, and because of the significant
costs of federal habeas corpus re-
view, unless a federal habeas corpus


- SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

petitioner shows cause and preju-
dice, a federal court generally may
not reach the merits of (1) successive
claims which raise grounds identical
to grounds heard or decided on the
merits in a previous petition, (2) new
claims, not previously raised, which
constitute an abuse of the writ, or (3)
procedurally defaulted claims in
which the petitioner failed to follow
applicable state procedural rules in
raising the claims; under the “actual
innocence” exception, however, a
federal court may hear the merits of
a successive, abusive, or procedur-
. ally defaulted claim if the failure to
hear the claim would constitute a
miscarriage of justice; the “actual
innocence” exception is very narrow,
and in order to make the exception
workable, it must be subject to de-
termination by relatively objective
standards; an example of “actual
innocence” is a case where the state
has convicted the wrong person of
the crime, such as a situation where
another person has credibly con-
fessed to the crime and it is evident
that the law has made a mistake.

(Blackmun, J., dissented
from this holding.)

Habeas Corpus § 35 — state death
sentence — federal review

4a, 4b. If a federal habeas corpus
petitioner who is subject to a state
death sentence delays a filing until
the last minute with a view to ob-
taining a stay on the ground that a
Federal District Court will lack time
to give the filing the necessary con-
sideration before the scheduled exe-
cution, then the District Court may
resolve against such a_ petitioner
doubts and uncertainties as to the
sufficiency of the petitioner’s submis-
sion.

Habeas Corpus § 120 — death sen-
tence — burden of proof

5. If federal habeas corpus review
of state capital sentences is to be at
all rational, then a petitioner, in
order for a federal court to reach the
merits of a claim on a successive
petition for habeas corpus relief,
must show something more than the
petitioner would have had to show to
obtain relief on the petitioner’s first
petition for habeas corpus.

in part

SYLLABUS BY REPORTER OF DECISIONS

A Louisiana jury convicted peti-
tioner Sawyer and sentenced him to
death for a murder in which the
victim was beaten, scalded with boil-
ing water, and set afire. His convic-
tion and sentence were upheld on
appeal, and his petitions for state
postconviction relief, as well as his
first petition for federal habeas re-
lief, were denied. In a second federal
habeas petition, the District. Court
barred as abusive or successive Saw-
yer’s claims, inter alia, that the po-
lice failed to produce exculpatory
evidence—evidence challenging a
prosecution witness’ credibility and
a child witness’ statements that

Sawyer had tried to prevent an ac-
complice from setting fire to the vic-
tim—in violation of his due process
rights under Brady v Maryland, 373
US 83, 10 L Ed 2d 215, 83 S Ct 1194;
and that his trial counsel’s failure to
introduce mental health records as
mitigating evidence in his trial’s sen-
tencing phase constituted ineffective
assistance of counsel. The Court of
Appeals affirmed, holding that Saw-
yer had not shown cause for failure
to raise his claims in his earlier
petition, and that it could not other-
wise reach. the claims’ merits _be-
cause he had not shown that he was

275


U.S. SUPREME COURT REPORTS

“actually innocent” of the death
penalty under Louisiana law.

Held:

1. To show “actual innocence” one
must show by clear and convincing
evidence that but for a constitu-
tional error, no reasonable juror
would have found the petitioner eli-
gible for the death penalty under
the applicable state law.

(a) Generally, a habeas petitioner
must show cause and prejudice be-
fore a court will reach the merits of
a successive, abusive, or defaulted
claim. Even if he cannot meet this
standard, a court may hear the mer-
its of such claims if failure to hear
them would result in a miscarriage
of justice. See, e.g., Kuhlmann v Wil-
son, 477 US 436, 91 L Ed 2d 364, 106
S Ct 2616. The miscarriage of justice
exception applies where a petitioner
is “actually innocent” of the crime
of which he was convicted or the
penalty which was imposed. While it
is not easy to define what is meant
by “actually innocent” of the death
penalty, the exception is very nar-
row and must be determined by rela-
tively objective standards.

(b) In order to avoid arbitrary and
capricious impositions of the death
sentence, States have adopted nar-
rowing factors to limit the class of
offenders upon which the death pen-
alty may be imposed, as evidenced
by Louisiana’s definition of capital
murder as something more than in-
tentional killing and its requirement
that before a jury may recommend
death, it must determine that at
least one of a list of statutory aggra-
vating factors exists. Once eligibility
for the death penalty is established,
however, the emphasis shifts from
narrowing the class of eligible defen-
dants by objective factors to individ-
ualized consideration of a particular

276

120 L Ed 2d

defendant by the introduction of
mitigating evidence. Within this
framework, the Court of Appeals
applied the proper standard to deter-
mine “actual innocence” when it
required Sawyer to base his showing
that no reasonable juror would have
found him eligible for the death pen-
alty under Louisiana law on the
elements of the crime itself and the
existence of aggravating circum-
stances, but not the existence of ad-
ditional mitigating evidence that
was not introduced as a result of a
claimed constitutional error. This
standard hones in on the objective
factors that must be shown to exist
before a defendant is eligible to have
the death penalty imposed. The
adoption of stricter a definition,
which would limit any showing to
the elements of the crime, is re-
jected, since, by stating in Smith v
Murray, 477 US 527, 537, 91 L Ed
2d 434, 106 S Ct 2661, that actual
innocence could mean innocent of
the death penalty, this Court sug-
gested a more expansive meaning
than simply innocence of the capital
offense itself. Also rejected is a more
lenient definition, which would allow
the showing to extend beyond the
elements of the crime and the aggra-
vating factors, to include mitigating
evidence which bears, not on the
defendant’s eligibility to receive the
death penalty, but only on the ulti-
mate discretionary decision between
that penalty and life imprisonment.
Including mitigating factors would
make actual innocence mean little
more than what is already required
to show prejudice for purposes of
securing habeas relief and would
broaden the inquiry beyond what is
a narrow exception to the principle
of finality.

2. Sawyer has failed to show that
he is actually innocent of the death

S| Sie

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

penalty to which he has been sen-
tenced. The psychological evidence
allegedly kept from the jury does not
relate to his guilt or innocence of
the crime or to the aggravating fac-
tors found by the jury—that the
murder was committed in the course
of an aggravated arson, and that it
was especially cruel, atrocious, or
heinous—which made him eligible
for the death penalty. Nor can it be
said that had this evidence been
before the jury a reasonable juror
would not have found both of the
aggravating factors. The evidence
allegedly kept from the jury due to
an alleged Brady violation also fails
to show actual innocence. Latter-day
impeachment evidence seldom, if
ever, makes a clear and convincing
showing that no reasonable juror
would have believed the heart of the
witness’ account. While the state-
ment that Sawyer did not set fire to

the victim goes to the jury’s finding
of aggravated arson and, thus, to his
guilt or innocence and the first ag-
gravating circumstance, it fails to
show that no rational juror would
find both of the aggravating factors.
The murder was especially cruel,
atrocious, and heinous quite apart
from the arson, and, even crediting
the hearsay statement, it cannot be
said that no reasonable juror would
have found that he was guilty of the
arson for his participation under
Louisiana law.

945 F2d 812, affirmed.

Rehnquist, C. J., delivered the
opinion of the Court, in which
White, Scalia, Kennedy, Souter, and
Thomas, JJ., joined. Blackmun, J.,
filed an opinion concurring in the

judgment. Stevens, J., filed an opin-

ion concurring in the judgment, in
which Blackmun and O’Connor, JJ.,
joined.

APPEARANCES OF COUNSEL

R. Neal Walker argued the cause for petitioner.

Dorothy A. Pendergast argued the cause for respondent.

Paul J. Larkin, Jr. argued the cause for the United States, as
amicus curiae, by special leave of the court.

OPINION OF THE COURT

Chief Justice Rehnquist delivered
the opinion of the Court.

[1a, 2a] The issue before the Court
is the standard for determining
whether a petitioner bringing a suc-
cessive, abusive, or defaulted federal
habeas claim has shown he is “actu-
ally innocent” of the death penalty
to which he has been sentenced so
that the court may reach the merits
of the claim. Robert Wayne Sawyer,
the petitioner in this case, filed a
second federal habeas petition con-
taining successive and abusive
claims. The Court of Appeals for the

Fifth Circuit refused to examine the
merits of Sawyer’s claims. It held
that Sawyer had not shown cause
for failure to raise these claims in
his earlier petition, and that he had
not shown that he was “actually
innocent” of the crime of which he
was convicted or the penalty which
was imposed. 945 F2d 812 (1991). We
affirm the Court of Appeals and hold
that to show “actual innocence” one
must show by clear and convincing
evidence that but for a constitu-
tional error, no reasonable juror
would have found the petitioner eli-

277

U.S. SUPREME COURT REPORTS

proceedings. Second, the Court re-
quires a petitioner to refute his eligi-
bility for the death penalty. This
narrow definition of “innocence of
the death sentence” fails to recog-
nize that, in rare cases, even though
a defendant is eligible for the death
penalty, such a sentence may none-
theless constitute a fundamental
miscarriage of justice.

It is well established that, “in cap-
ital cases, the sentencer may not
refuse to consider or be precluded
from considering any relevant miti-
gating evidence.” Hitchcock v Dug-
ger, 481 US 393, 394, 95 L Ed 2d
347, 107 S Ct 1821 (1987) (internal
quotations and citations omitted).
Yet in ascribing a narrow, eligibility-
based meaning to “innocence of the
death sentence” the Court neglects
this rudimentary principle.

As the Court recognizes, a single
general directive animates and in-
forms our capital-punishment juris-
prudence: ‘“‘the death penalty [may
not] be imposed under sentencing
procedures that creati[e] a substan-
tial risk that [the death penalty]
would be inflicted in an arbitrary
and capricious manner.” Gregg v
Georgia, 428 US 153, 188, 49 L Ed
2d 859, 96 S Ct 2909 (1976) (opinion
of Stewart, Powell, and Stevens, JJ.).
As applied and developed over the
years, this constitutional require-
ment has yielded two central princi-
ples. First, a sentencing scheme
must “genuinely narrow the class of
persons eligible for the death pen-
alty.” Zant v Stephens, 462 US 862,
877, 77 L Ed 2d 235, 103 S Ct 2733
(1983). Second, the sentencer must
“not be precluded from considering,
as a mitigating factor, any aspect of
a defendant’s character or record
and any of the circumstances of the
offense that the defendant proffers

298

120 L Ed 2d

as a basis for a sentence less than
death.” Lockett v Ohio, 438 US 586,
604, 57 L Ed 2d 973, 98 S Ct 2954
(1978) (opinion of Burger, C. J.) (em-
phasis in original). Although these
principles—one narrowing the rele-
vant class, the other broadening the
scope of considered evidence—seem-
ingly point in opposite directions, in
fact both serve the same end: ensur-
ing that a capital sentence is the
product of individualized and rea-
soned moral decisionmaking.

Against this backdrop of well-set-
tled law, the Court’s ruling is a star-
tling anomaly. The Court holds that
“innocence of the death sentence”
concerns only “those elements which
render a defendant eligible for the
death penalty, and not ... addi-
tional mitigating evidence which
{constitutional error precluded] from
being introduced.” Ante, at ——, 120
L Ed 2d, at 285 (emphasis added).
Stated bluntly, the Court today re-
spects only one of the two bedrock
principles of capital-punishment ju-
risprudence. As such, the Court’s
impoverished vision of capital sen-
tencing is at odds with both the
doctrine and the theory developed in
our many decisions concerning capi-
tal punishment.

First, the Court implicitly repudi-
ates the requirement that the sen-
tencer be allowed to consider all
relevant mitigating evidence, a con-
stitutive element of our Eighth
Amendment jurisprudence. We have
reiterated and applied this principle
in more than a dozen cases over the
last 14 years. For example, in Ed-
dings v Oklahoma, 455 US 104, 71 L
Ed 2d 1, 102 S Ct 869 (1982), we
overturned a capital sentence be-
cause the sentencer refused to con-
sider certain mitigating evidence.

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

Tedder v State, 322 So 2d 908, 910
(Fla 1975)). A death sentence is also
clearly erroneous under a “balanc-
ing” regime if, in view of all of the

evidence, mitigating circumstances

so far outweighed aggravating cir-
cumstances that no reasonable sen-
tencer would have imposed the
death penalty. Cf. Jackson v Vir-
ginia, 443 US 307, 316-318, 61 L Ed
2d 560, 99 S Ct 2781 (1979). Such a
case might arise if constitutional er-
ror either precluded the defendant
from demonstrating that aggravat-
ing circumstances did not obtain or
precluded the sentencer’s considera-
tion of important mitigating evi-
dence.

Unlike the standard suggested by
the Court, this standard acknowl-
edges both the “aggravation” and
“mitigation” aspects of capital-pun-
ishment law. It recognizes that, in
the extraordinary case, constitu-
tional error may have precluded con-
sideration of mitigating circum-
stances so substantial as to warrant
a court’s review of a defaulted, suc-
cessive, or abusive claim. It also rec-
ognizes that, again in the extraordi-
nary case, constitutional error may
- have inaccurately demonstrated ag-
gravating circumstances so substan-
tial as to warrant review of a defen-
dant’s claims.

Moreover, the “clearly erroneous”
standard is duly protective of the
State’s legitimate interests in finali-
ty and respectful of the systemic and
institutional costs of successive ha-
beas litigation. The standard is strin-
gent: if the sentence “is plausible in
light of the record viewed in its
entirety” it is not clearly erroneous

“even though [the court is] con-
vinced that had it been sitting as the
[sentencer], it would have weighed
the evidence differently.” Anderson
v Bessemer City, 470 US 564, 574, 84
L Ed 2d 518, 105 S Ct 1504 (1985).
At the same time, “clearly errone-
ous’”’ review allows a federal court to
entertain a defaulted claim in the
rare case in which the “court on the
entire evidence is left with the defi-
nite and firm conviction that a mis-
take has been committed.” United
States v United States Gypsum Co.,
333 US 364, 395, 92 L Ed 746, 68 S
Ct 525 (1948).

Finally, the clearly erroneous
standard is workable. As was true of
the cause-and-prejudice standard
adopted in McCleskey v Zant, the
clear-error standard is ‘‘[wlell-
defined in the case law [and] famil-
iar to federal courts. .. . The stan-
dard is an objective one, and can be
applied in a manner that comports
with the threshold nature of the
abuse of the writ inquiry.” 499 US,
at ——, 113 L Ed 2d 517, 111 S Ct
1454. Federal courts have long ap-
plied the “clearly erroneous” stan-
dard pursuant to Rule 52 of the
Federal Rules of Civil Procedure and
have done so “in civil contempt ac-
tions, condemnation proceedings,
copyright appeals, [and] forfeiture
actions for illegal activity.” 1 S. Chil-
dress & M. Davis, Standards of Re-
view §2.3 at 29-30 (1986) (citing
cases). This workability supports the
application of the clearly erroneous
standard to the “innocence of the
death sentence” inquiry.

In my opinion, then, the “clearly
erroneous” standard is the core of

3. Courts have also reviewed nonguilt find-
ings of fact made in criminal cases pursuant
to Rule 23(c) of the Federal Rules of Criminal

Procedure under this standard. See 2 S. Chil-
dress & M. Davis, Standards of Review § 10.3
at 73-76 (1986) (citing cases).

301

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

Similarly, in Skipper v South Caro-
lina, 476 US 1, 90 L Ed 2d 1, 106 S
Ct 1669 (1986), we ruled that a State
cannot preclude consideration of evi-
dence of postincarceration, pretrial
good behavior. And in Penry v Ly-
naugh, 492 US 302, 106 L Ed 2d 256,
109 S Ct 2934 (1989), we held that
Texas’ death penalty scheme imper-
missibly restricted the jury’s consid-
eration of the defendant’s mental
retardation as mitigating evidence.!

Moreover, the Court’s holding also
clashes with the theory underlying
our capital-punishment jurispru-
dence. The nonarbitrariness—and
therefore the constitutionality—of
the death penalty rests on individu-
alized sentencing determinations.
See generally California v Brown,
479 US 538, 544-546, 93 L Ed 2d 934,
107 S Ct 8387 (1987) (O’Connor, J.,
concurring). This is the difference
between the guided-discretion re-
gime upheld in Gregg v Georgia and
the mandatory death-sentence re-
gime invalidated in Roberts v Louisi-
ana, 428 US 325, 49 L Ed 2d 974, 96
S Ct 3001 (1976). The Roberts
scheme was constitutionally infirm
because it left no room for individu-
alized moral judgments, because it
failed to provide the sentencer with
a “meaningful opportunity [to] con-
side[r the] mitigating factors pre-

sented by the circumstances of the
particular crime or by the attributes
of the individual offender.” Id., at
333-334, 49 L Ed 2d 974, 96 S Ct
3001 (opinion of Stewart, Powell,
and Stevens, JJ.). The Court’s defini-
tion of “innocence of the death sen-
tence” is like the statutory scheme
in Roberts: it focuses solely on
whether the defendant is in a class
eligible for the death penalty and
disregards the equally important
question of whether “ ‘death is the
appropriate punishment in [the de-
fendant’s] specific case.’” Zant v Ste-
phens, 462 US, at 885, 77 L Ed 2d
235, 103 S Ct 2733 (quoting Woodson
v North Carolina, 428 US 280, 305,
49 L Ed 2d 944, 96 S Ct 2978
(1976)).?

The Court’s definition of “innocent
of the death sentence” is flawed in a
second, related, way. The Court’s
analysis not only neglects errors
that preclude a sentencer’s consider-
ation of mitigating factors; it also
focuses too narrowly on eligibility.
The Court requires a defendant to
call into question all of the aggravat-
ing factors found by the sentencer
and thereby show himself ineligible
for the death penalty.

Contrary to the Court’s suggestion,
however, there may be cases in
which, although the defendant re-

1. See also Boyde v California, 494 US 370,
108 L Ed 2d 316, 110 S Ct 1190 (1990); McKoy
v North Carolina, 494 US 433, 108 L Ed 2d
369, 110 S Ct 1227 (1990); Franklin v Ly-
naugh, 487 US 164, 101 L Ed 2d 155, 108 S Ct
2320 (1988); Mills v Maryland, 486 US 367,
100 L Ed 2d 384, 108 S Ct 1860 (1988); Hitch-
cock v Dugger, 481 US 393, 95 L Ed 2d 347,
107 S Ct 1821 (1987); Bell v Ohio, 438 US 637,
57 L Ed 2d 1010, 98 S Ct 2977 (1978).

2. The Court rejects the argument that
federal courts should also consider mitigating
evidence because consideration of such evi-
dence involves the “far more difficult task [of]

assess[ing] how jurors would have reacted to
additional showings.” Ante, at ——, 120 L Ed
2d, at 284. I see no such difference between
consideration of aggravating and mitigating
circumstances; both require the federal courts
to reconsider and anticipate a sentencer’s
decision: by the Court’s own standard federal
courts must determine whether a “reasonable
juror would have found” certain facts. Thus,
the Court’s reason for barring federal courts
from considering mitigating circumstances ap-
plies equally to the standard that it endorses.
Its exclusion of mitigating evidence from con-
sideration is therefore wholly arbitrary.

299

U.S. SUPREME COURT REPORTS

mains eligible for the death penalty,
imposition of a death sentence would
constitute a manifest miscarriage of
justice. If, for example, the sen-
tencer, in assigning a sentence of
death, relied heavily on a finding
that the defendant severely tortured
the victim, but later it is discovered
that another person was responsible
for the torture, the elimination of
the aggravating circumstance will,
in some cases, indicate that the
death sentence was a miscarriage of
justice. By imposing an “all-or-noth-
ing” eligibility test, the Court’s defi-
nition of “innocent of the death sen-
tence” fails to acknowledge this im-
portant possibility.

In sum, the Court’s “innocent of
the death sentence” standard is
flawed both in its failure to consider
constitutional errors § implicating
mitigating factors, and in its unduly
harsh requirement that a defen-
dant’s eligibility for the death pen-
alty be disproved.

Ill

In my opinion, the “innocence of
the death sentence” standard must
take into account several factors.
First, such a standard must reflect
both of the basic principles of our
capital-punishment jurisprudence.
The standard must recognize both
the need to define narrowly the class
of ‘“death-eligible’ defendants and
the need to define broadly the scope
of mitigating evidence permitted the
capital sentencer. Second, the “inno-
cence of the death sentence” stan-
dard should also recognize the dis-
tinctive character of the capital-sen-
tencing decision. While the question
of innocence or guilt of the offense is
essentially a question of fact, the
choice between life imprisonment
and capital punishment is both a

300

120 L Ed 2d

question of underlying fact and a
matter of reasoned moral judgment.
Thus, there may be some situations
in which, although the defendant
remains technically “eligible” for
the death sentence, nonetheless, in
light of all of the evidence, that
sentence constitutes a manifest mis-
carriage of justice. Finally, the “in-
nocence of the death sentence”’ stan-
dard must also respect the “pro-
found importance of finality in crim-
inal proceedings,” Strickland v
Washington, 466 US, at 693-694, 80
L Ed 2d 674, 104 S Ct 2052, and the
“heavy burden” that successive ha-
beas petitions place “on scarce fed-
eral judicial resources.” McCleskey v
Zant, 499 US, at ——, 113 L Ed 2d
517, 111 S Ct 1454.

These requirements are best met
by a standard that provides that a
defendant is “innocent of the death
sentence” only if his capital sen-
tence is clearly erroneous. This stan-
dard encompasses several types of
error. A death sentence is clearly
erroneous if, taking into account all
of the available evidence, the sen-
tencer lacked the legal authority to
impose such a sentence because, un-
der state law, the defendant was not
eligible for the death penalty. Simi-
larly, in the case of a “jury over-
ride,” a death sentence is clearly
erroneous if, taking into account all
of the evidence, the evidentiary pre-
requisites for that override (as estab-
lished by state law) were not met.
See, e.g., Johnson v Singletary, 938
F2d 1166, 1194-1195 (CA11 1991)
(Tjoflat, C. J., concurring in part and
dissenting in part) (concluding that
the sentencing “judge, as a matter of
law, could not have sentenced the
petitioner to death” because there
was insufficient evidence to meet the
jury-override standard established in

JOBS

70

on SHIPS & YACHTS

If you would like a steady or part time job on a
ship or Yacht going to Foreign Countries you will
be needing Davenport's Seamen's Employment Direc-
tory. This is the employment directory that gives.
facts on your opportunities, advantages, privileges -
and eventual earning

which require no : :
training or past experience plus all skilled ratings
aboard Passenger Liners, Freighters, Tankers, Col-
liers, Sailing Yachts, Cruisers and sport fishermen
are thoroughly covered for you. America’s leading
Guide. book for over six years offers more pages
and accurate sea-going employment coverage than:
any other publication. Yes! page after page of
valuable data to help you choose the right kind of
high paying job, whether it be full time or for just
a couple of months. Make your chances for getting
a job on a ship or Yacht much much easier by
using Dovenport’é Seamen’s Employment Directory.
It’s yours for only $2.00 and worth much more
especially as it can open your way
to more travel and money than you
ever. thought possible. Send today for
your directory. Satisfaction guaran-
teed or your money back, (Important
.. . Davenport's is the successful pub-
lisher of Seamen's employment direc-
tories since 1951. America’s Largest)
Don’t delay. Send $2 today for your
directory.

DAVENPORT COMPANY. Fite 32—
GPO BOX 1354, NEW YORK 1, N. Vs
FREE Featuring
yj Joyce Miles!

You SEE Lovely Joyce Miles as
she shows you all the intimates
@ woman wears in her Boudoir.
She'll put on Lacy Bras, cling-
ing Baby Dolls, Sheer Negli-

32 Page Catalog

gees and many other Bedroom
Fashions right before your Eyes.
Send today for Big Free Catalog.

Enclose 25¢ to cover handling.

VOGUE SHOPSK® “
NATURAL

N EV lichtweicht

aa:

Made from your old one...
returned Air Mail same day

Ss. y
New Process Saves a

Money 95 hig
cst 19" Die

-fietl jastic plate from old
preg abi Aan to 1THOUT IMPRESSION.

YOU can have gorgeous, natural-looking. perfect: Arp toe.
new denture—upper,
atural. Amaz-

F ni
ing savings with new scientifie Clinical mated. New plates

tha bl: to t

Surv ta og toe eye EACTL
Ls .

CLINICAL DENTAL LABORATORY, Dept. X-1033

335 West Madison Street - Chicage 6, Ulineis

Write now,

of anchor chain lie everywhere. “Ol’ Miss”
boils by this point at a fast clip, and close’
to shore the waters surge and roil beneath
the bridges. Fifty feet from the water’s
edge the stern paddle wheel of a once-
proud river packet sinks slowly into the
mud, dead ‘and decaying.’ Spanish moss
hangs from the stunted trees which screen
the area from the city, -and the caustic
smell of rust is bad on a windless night.
Pinching off this area of desolation from
the pulsing life of the city is a band of
multiple railroad tracks. Long lines of
freight cars and coal gondolas cast shad-
ows on the water’s edge.

ON THE night of Friday, January 5, no-
body on board the Wilmot paid the
slightest attention to these things. They
were used to them, As he went over the
rail Clark called to his engineer. “We’ve
got. an early call across the river in the
morning, Willie.”
“Okay, Hank. I’m going to stay aboard
‘tonight; we’ll have steam plenty early.”
One by one the crew of the Wilmot
drifted ashore after their captain. Finally,
Willie Street was alone, and, having, se-
cured his engineroom, made his way to the
nearby office of the Bisso Towing Com-
pany, and called his wife at their home on
Belle Terre Road, in Marrero, Louisiana.
“I’m going to stay on board tonight,
honey,” he told her. “We just tied up, and
there’s anearly call. Yes, I paid the ga-
rage bill. I’ll see you tomorrow night.”
Street cradled the phone, returned to

tow-boat and at about 1:30 A.M. a man
slipped silently through the profusion of
nautical junk toward the Robert W. Wil-
mot, The man was in his late 40s, stood
nearly six feet high, weighed about 175
pounds. The tip of his right thumb was
missing, and there -was-a noticeable burn
scar on the back of his neck. ~

The man kept, a weather eye out for
40-year-old Arthur Marcell, the Bisso
Company watchman who made regular
rounds aboard the tugs. Marcell’s next
round was due at 2:30 A.M., however, and
he was not around when the man slipped
aboard the W. A. Bisso, crossed the deck
of the Mary Bisso, and dropped silently
aboard the Wilmot. ;

With precision the intruder picked up a
lighted lantern which he found on the
Wilmot’s deck, held it close to the port-

a steel bolt approximately two inches thick
by 18 inches long as he crept to the door
of the chief’s cabin, and stepped inside.

the tug, stripped to undershirt and shorts, .
and went to sleep. Silence settled over the’.

hole of Chief Engineer Street’s cabin,”
looked in, and saw he was asleep. He held:

~ HIDE-AND-SEEK
HOMICIDE

Continued from page 35

The fight which followed was rough
and bloody. A tremendous blow on the
head, delivered while he slept, stunned the
little engineer, but only momentarily. He
quickly grappled with: his attacker and

rolled from his bunk to the floor. The killer ~

jumped dn him. With his left hand he
throttled the chief’s cries; with his right
he stabbed repeatedly with an ice-pick.
Finally the chief ceased to struggle and
lay still.

Even though he appeared dead, the
murderer took the precaution of gagging
his victim; Then he picked up the body,
and disappeared into the night with it
slung over his shoulder .. . ‘

“Go to Walnut Street and the River,
and investigate the disappearance of a
man.”

It was 2:45 p.M., Saturday, January 6,

’ when Lieutenant Harold Fordyce and Pa-
trolman Charles Sandrock got the call and
turned’ the nose of Car 81 toward the
docks. They found the crew of the Rob-
ert W. Wilmot confused and angry. Lack-
ing her chief engineer, the tug had not
gone to her cross-river assignment that
morning. Instead, everybody was worried
about the mysterious disappearance of
Willie Street. And everybody included the
missing man’s son, William Junior. He
worked aboard another Bisso tug; had
boarded the Wilmot at seven A.M. that
morning to get a hacksaw blade. He had
stopped by his father’s cabin only to find
it empty and had, at last, agreed that
something had happened and that the au-
.thorities should be called.

Fordyce and Sandrock lined up the
tug’s personnel and quizzed them. The
’ facts turned out to be these:

Item: Several people had heard Willie
Street say he would spend the night aboard
the tug.

Item: The chief’s working clothes were
hanging in the engine room. His shore-side
clothes were missing. This might or might
not indicate that he had gone uptown and
met with foul play somewhere in New
Orleans—not a particularly difficult thing

—to do.

Item: Fifty dollars, which the chief

was known to have possessed, and a snub-

‘nosed .38 caliber revolver were missing
from his cabin. His wallet was found, but
it was empty.

Item: A strong odor of kerosene filled
the chief’s cabin. There were indications
that a-careful clean-up job had been done
there—but one thing had been missed: On
a white stanchion in the middle of the
cabin were ‘marks which we call tears
of blood—tear-shaped marks, dark and

_ _rusty-red.

Yd

'

Item: After
cross-questionin
with the alibis
of the Robert |
man. He was a
mon. His ansy
evasive. Others
testified that tl
between Solomo
locked up at th
pending investig

In very short
homicide bureat
either Street (0
derer. We all go
tain William J. I
cide, down to me
time.

Street had di:
question of that.
thrown overside
brought to the riy
until the case y
Gebhardt and C.
over the bottom
to find the body.
were making no

“This man Sc
Assistant District
ber speaking. He
200 pounds—and
a sharp, restless ¢
now. You haven

going to have to

morning, unless
charge.”

“BU: Buddy—
3 my lip in fr
'He’s our only ;
have a body,”
“Well, you'd
warned Schreibe:
choice but to turn
As luck would }
dence—the stronge
Here’s what happe
Given permissio
Solomon called hi
wash shed behind
: There you'll find
in it. Use the mon
Mrs. Burns sea
found a bag used
pended from a na
$50 in bills. It a
nosed .38 caliber re
terrified. She calle
who in turn called
e€ house—Acting
and Patrolman C)
this particular mi
this vital evidence
little party for Joh
ond District Statio
“You still don’t
to Willie Street?”

S SOLOMON «

other detective
a desk to his left, a
tion in monotone,
.the whole business.

‘I don’t know ar
he replied. “He wa;
saw him.”

“All right, Solom«
denly.'“Then tell y.
from!” My partner .
from in front+of the


MEN! Make up to
1,000 soni:

without “SELLING”.

Sensational Demand for Low-Priced Fire Alarm
PLUS Sure-Fire ''No-Selling'' Plan Offers Ambi-
tious Men Huge Profit Opportunities

Even begi up
4) profits with first practical, effective, low-
3) priced Fire Alarm. Needed in homes, facto-
Ties, offices, stores, on farms, etc. Merlite
Fire Alarm hangs on wall like a picture...
no wiring, no installation. It’s always on
4 guard, ‘‘smelis’’ fire before danger point.
When temperature rises, Fire Alarm goes
4 off automatically, howls loud warning that
A can be heard 1/5 mile, wakes up soundest
sleeper, gives precious time to put out fire,
| callfiredepartment, orescape. Sells foronly
$4.95, with profit up to $2.70 on each one.

Nearest Thing to Automation Selling

With our field-tested plan customers

\° cold canvassing;
so Amid eellte ers the nearest

halievahl

essfull:
DRAMATIC | ‘ith powerful sales tools we give
: Weta Bls Pith wakes Toone} for
LIGHTED- you even wh ie you sleep! No room
ve you

MATCH write for amazing facts. j

|DEMONSTRATION FREE SALES KIT!
de m Send no money. Just rush your name
Sensitive! Light-| and address for all the exciting
ed match trig- [Spe Aer wy te 3 facts, complete Il-
9-] lugtrated Sales Kit, everything you
ers Alarm in etd to make money first arn

n ‘0 *
how selling only 20 Fire Alarms a
Bay ih rae, yao oes Bea
floor now. Rush your name and ad-
| dre t's all.

| MERLITE INDUSTRIES, INC. (Alarm Div.)

| 114 E, 32nd St., Dept. F-37W, New York 16, N. Y.
| In Canada: Mopa Co., Ltd., 371 Dowd St., Montreal 1, P. Q.

seconds!

| PAYS BiG! SEND FOR FREE, BIG, ILLUS-
TRATED CATALOG N t Graduates report

run your
own busi i Men, of all ages,
~§ Peven4ad covers ; be
anagemen! ‘ppra: Loans, Mor tg and
bjects, STUDY AT HOME oF in clase-

fed for World War II and Korean Veterans
WEAVER SCHOOL OF REAL ESTATE (Est. 1936)
2024C GRAND KANSAS CITY 8, MO.

SELLTO UNCLE SAM!

That's how I made $20,000 a year |
—selling junk jewelry to the U. S.
Government. Send me your name
and I’11 show you how I did it.

LEARN AT HOME IN ONE EVENING
This is the most fantastic way of mak-
ing money you ever heard of. That’s because you do
all your “selling” BY MAIL to one customer—the
U. S. Government! Uncle Sam will buy all the old
junk jewelry you send in at $35.00 AN OUNCE for
the gold it contains. Just follow my Plan and you
can pick up gold on any street in your town. I show
| you where to find it, what to pay, how to test and
| how to mail to Uncle Sam for cash. I’ll teach you the
secrets by which I made $20,000 a year. No charge
for facts. No saleaman will call. Send no mioney—
just your name, address on postcard. Leslie Patton,
.335 W. Madison St., Dept. P903, Chicago G, Ill.

PEOPLE 50 to 80
TEAR OUT THIS AD

... and mail it today to find out
| how you can still apply for a $1,000
life insurance policy to help take
care of final: expenses without bur-
dening your family. ’

You. handle the entire transaction
by mail with OLD AMERICAN of
KANSAS CITY. No obligation. No
one will call on you!

Write today, simply giving your
name, address and age. Mail to Old
American Ins. Co., 1 West 9th, Dept.

72 L359N, Kansas City, Missouri.

x

Willie tried to scream for help but he couldn’t. An

of it were three tens, three fives, and five
ones and the .38, ‘snub-nosed revolver. .
Solomon took one look, gulped, and
then croaked “You got me!” =
‘But we didn’t have John Solomon—not
by a long sight, and he knew it. Solomon
was a cutie, He knew all the answers. And

especially he knew that, to get a first de-

gree murder conviction; you’ve got to
?

-| have the body.-‘So far as we could prove

in a court, Chief Engineer William Street .

| might have walked voluntarily off the

Robert W. Wilmot and might, at that pre-
cise moment, be playing gin rummy wi
the Sultan of Timbuctu. Certainly we
couldn’t prove to the contrary. That he
was murdered was only a theory, and
that’s all there was to it.

John Solomon gave us’ a. confession—
but what a confession!

““T DIDN'T ‘like the chief, and he didn’t
'™ like me,” he started out, “I went
ashore when the Wilmot tied up, but I
returned about 1:30 a.m. I looked through
the porthole and saw that the ‘chief was
asleep. I .went to the engineroom, got a
bucket’ of kerosene, heated it almost to
vaporizing temperature, returned to the

chief’s cabin, threw the scalding kerosene
over his head and face, and then smothered
him with a blanket.”

“What did you ,do‘with the body?” I
asked. .

JouN SOLOMON’S eyes narrowed to
slits, and a smile played at the.corners
of his mouth. :

“T sent it on a railroad trip,” he told us
with what seemed a great deal of forth-

. rightness. “I carried the body to the Illi-

nois Central tracks,‘and dumped it in a
gondola car. You'll never find that body,
gentlemen. It’s touring the United States!
And without the body you can’t convict
‘me of first degree murder,” he added
smugly. .

“Somebody's going to have to ride a
handcar!” It was my chief, Captain Wil-
liam J. Dowie, speaking, and his eyes were
riveted on me!

“Aw, Chief—”’ I began. We had, of
course, checked the railroad when Solo-
mon’s confession came out. There had,
indeed, been a train of coal gondolas on
the I. C. tracks behind the Wilmot’s berth
on the night Willie Street disappeared. The
train had gone to Mobile, Alabama, the

7 —<—_

aap a

"We're taking up a collection for Mrs. Devere. She's getting divorced."

$5

a <AtelliqcsorAly

,
t -

ice pick

—

following da
checked eve;
body. Taxed
Solomon shri
_ “Oh, I did:
Just placed it
of a car. It cx
€ was rig
The body
But where?
how my chief
the Illinois (
andcar, and
_ “Chief,” I
Sion is as phc
that, first he
smoking hot k«
m with a bl]
have caused .

° tears of blood

chief’s cabin. 7
a bloody, bitt
have been no {
is true,

“Next, Solor
body in a coa
Chief! He’d ha
the decks of ¢
Mary Bisso, ani
the railroad, }
enough to do
could without |
Seeing somethin
the handcar’s go
ably beat Street
him overside.”

After reconsid
Chief Dowie wa
the full coopera
Wwe reassembled t
Bisso, the Mary
Wilmot—the way
the murder nigh
board, or furtherr
deep sea diver F
veteran, went dc
side. Almost imm
he’d found somet!
a light line brou
bruised, battered,
of Willie Street.

pushed into.a hea
had worked parti
200 pounds of scr
to weight the bag.

FACED with thi
mon not only
of Willie Stréet, b
Storekeeper some
Although the cas.
mon’s execution, w
ber it as: New Or
murder. First we th
beaten to death aft:
with steaming hot k
sent on a grand to.

‘when the body wa:

confessed that he’d

_the chief to death y

an ice pick,

But the coroner h
found water in. the
reality, Willie Street

who died three deat

of Friday,
it Sea-going
‘ upstream,
Mississippi
a-pricks of

“lark stood
her-tanned,

orows con-
leather-like

aving done
ied patient-
erth at the
Lining up
down hard
the engine
harply out

to find the corpse.

Then a diver went over the side and minutes later

of the channel and panted into her mooring be-
side the tugs Mary Bisso and W. A. Bisso.. These
latter had finished their work long since, and had
tied up for the night.

In the engineroonr of the Wilmot, Chief Engi-

neer William Street, known as Willie, made an:

instinctive check of his dials and gauges. Like
Hank Clark, Willie Street was an old river hand.
He was small and slight—about five-feet-five;
130 pounds. At 55 his hair was still dark and

unruly. Willie Street was a temperate, honest.

joe. That very day, for example, despite. his
heavy responsibilities aboard the tug, he had

- found time to withdraw $200 from the bank-and.

pay, in cash, a garage repair bill of $150. He had

the remaining $50 in his pocket: ~
“Careful there, Leroy!” Clark leaned on his:

elbows through an open window- of. the. pilot-

‘house and spoke to deckhand Leroy Thomas,

who was working forward. “Don’t give her- any
slack.”

“Okay, captain,” Leroy grunted as he strug-
gled. to get the last inch of slack out of the

. heavy hawser. Clark crossed the pilot house and

signaled “Finished With Engines” to Willie
Street in the engineroom below. He didn’t know

“it, nor did Willie, but Street might have read
that signal “Finished With Life.” For Willie
‘Street was not to see the dawn of another day.

If there is a place in the whole of New Orleans
more appropriate for a murder than the foot of
Walnut Street, I don’t.know where it is. Here is
a graveyard of ships. The wreck of the George

‘A. Bisso lies inert and dead, leaning against the

muddy bank. Spools of cable, rusting oil drums,

old engines and lengths (Continued on page 70)

.

we hauled it up wrapped in 200 pounds of scrap iron.


\ND-SEEK
MICIDE

.d from page 35

thich followed was rough
tremendous blow on the
while he slept, stunned the
but only momentarily. He
ed with his attacker and Z
bunk to the floor. The killer
m. With his left hand he
-hief’s cries; with his right
:peatedly with an ice-pick.
lief ceased to struggle and

zh he appeared dead, the
< the precaution of gagging
nen he picked up the body,
red into the night with it
, shoulder... . : ;

aInut Street and the River,
‘te the disappearance of a

5 p.m., Saturday, January 6,
‘ant Harold Fordyce and Pa-
Jes Sandrock got the call and
rose of Car 81 toward the
found the crew of the Rob;
ot confused and angry. Lack-
f engineer, the tug had not
cross-river assignment that
stead, everybody was erage
' rious disappearance
Yael cued: included the
y’s son, William Junior. He
ard another Bisso tug; had
. Wilmot at seven A.M. that
get a hacksaw blade. He had
his father’s cabin only to find
nd had, at last, agreed that
iad happened and that the au-
ould be called.
and Sandrock lined up the
nel and quizzed them. The
out to be these: an
sae people had heard Willie
ye would spend the night aboard

he chief’s working clothes were
the engine room. His shore-side
re missing. This might or might
e that he had gone uptown and
foul play somewhere in New
1ot a particularly difficult thing

Fifty dollars, which the chief
a me fe possessed, and a snub-
caliber revolver were missing
cabin. His wallet was found, but
ty.
\ aan odor of kerosene filled
s cabin. There were indications
‘eful clean-up job had been done
it one thing had been missed: On
stanchion in the middle of the
‘re marks which we call tears
_—tear-shaped marks, dark and

Seeeeesrer? MIEN ae

= *

. Item: After intensive questioning and
cross-questioning, police. were satisfied
with the alibis offered by all of the crew
of the Robert W. Wilmot except for one
man. He was an oiler named John Solo-
mon. His answers to questions seemed
evasive. Others of the crew of the Wilmot
testified that there had been bad blood
between Solomon and Street. Solomon was
locked up at the Second: District Station
pending investigation.

In very short order all resources of the
homicide bureau were mobilized to find
either Street (or his body), or his mur-
derer. We all got into the act, from Cap-
tain William J. Dowie, commanding homi-
cide, down to me. I' was a detective at the
time. : : ;

Street had disappeared; there was no
question of that. Did he jump—or was he
thrown overside? Crash truck 163 was
brought to the river off Walnut Street, and
until the case was closed Patrolmen A.
Gebhardt and C. Smith dragged a grapnel
over the bottom of the Mississippi, hoping
to find the body. Meanwhile, on shore, we
were making no progress whatever.

“This: man Solomon, now—” It was
Assistant District Attorney Buddy Schrei-
ber speaking. He was a big man—six feet,
200 pounds—and he looked at me with
a sharp, restless eye. “This man Solomon,
now. You haven’t charged him; you're
going to have to turn him loose in the

morning, unless you prefer a formal
charge.”

“But: Buddy—” I started. Then I bit

my lip in frustration and. continued,
“He’s our only suspect; we don’t even
have a body.” S

“Well, you’d better get something,”
warned Schreiber. “Otherwise I’ve no
choice but to turn Solomon loose.”

As luck would have it, we got our evi-
dence—the strongest sort—in the morning.
Here’s what happened:

Given permission to use the telephone,
Solomon called his landlady. “Go to the
wash shed behind the house,” he told her.
“There you'll find a bag with some money
in it. Use the money to get me a lawyer.”

Mrs. Burns searched as directed. She
found a bag used for carrying beer, sus-
pended from a nail.-The bag contained
$50 in bills. It also contained a snub-
nosed .38 caliber revolver. Mrs. Burns was
terrified. She called attorney L. S. Cahn,
who in turn called the police. We went to
the house—Acting Lieut. Raymond Roth
and Patrolman Charles Trapani’ shared
this particular mission—and picked up
this vital evidence. Then we’ arranged a
little party for John Solomon at the Sec-
ond District Station.

“You still don’t know what happened

to Willie Street?”
AS SOLOMON entered the room, an-

other detective and I stood in front of
a desk to his left, and we asked the ques-
tion in monotone, seemingly bored with

the whole business.

“I don’t know anything about Street,”
he replied. “He was alive the last time I
saw him.”

“All right, Solomon!” I thundered sud-
denly. “Then tell us where all this came
from !” My partner and I moved suddenly
from in front+of the desk. Spread on top

SEX KNOWLEDGE

tf you want to get the MOST out of
married life, you owe It te YOURSELF
and the one you love, to learn the TRUTH
. about SEX now, before it Is too late!

So many married people THINK they
know it all, but they are really FEAR-
FULLY IGNORANT about Sex Fulfill.
ment In Marriage. Do not be one of
those whose marriage is ruined by Sex
Mistakes! -

SEX IGNORANCE
‘Leads to Trouble

Brings Happiness

Unless people LEARN HOW to make sexual intercourse
harmonious and happy. a ghee deal of trouble usually follows.
Very often the wife is not sexually AWAKENED. As a re- -
sult, she DISLIKES sexual intercourse—the husband may
become SEXUALLY STARVED—the wife becomes nervous,
her health suffers.

MANY MEN ARE APT TO BLUNDER and then_ac-
cuse their WIVES of “frigidity.” This book shows HOW
to overcome this common condition. It tells husband
and wife the secret of adjusting sexually to each other.

It reveals how to make Sexual Union A SOURCE
OF NEW PO and inspiration that brightens and
strengthens every phase of married life.

Use your sex power as this
book _ shows, + 0
HELP YOU tackle your,
everyda: roblems with
MORE SUCCESS than you
ever DREAMED possible!

Take advantage of this

SS SSS
SEX FULFILLMENT
IN MARRIAGE
(Part of Contents)

Preparing for Married Sex Life—Learn Correct Sex
Technique Together—Sex Practice in Marriage—The
Bridal Night—First Intercourse—Male and Femaie
Sex Organs (Illustrated)—Sex Sensations in Men;
in Women.

Technique of Sex Intereourse — Sex Stimulation
(Men; Women)—Frequency of Intercourse—Zones of
Sex Sensation. — Couples With Different Sexual
“‘Speeds’’—Art of Love—Sex Disappointments (Men;
Women)—-Sexual Failure,

Analysis of Sex Intereourse—Sex Climax in Men; in

money-saving er today!
RETURN the COUPO.
NOW!

IMPULSE

(Part of Contents)
The Arts of Love, Stroking, Petting, Caressing, Choosing
Your Ideal Mate. Courtship and Mating. The Weddi
Night, First Entry. Advice to Bride and Groom, Physica
Union and Spiritual Bliss, Approach and Withdrawal.
How to Adjust Happily to Mate. Mutual Sex Satisfaction. |.
Sex Harmony. Sex Organs: Male, Female. . Sexual Re- _
sponse, Centers of Sex Excitement. Homosexuals,

en—Secrets of ‘‘Timing’’ the Climax-Prolong-
“Facts of sexual development . . . Sound mental hygiene.” ones rp eee -Positions for intercourse (with
—Quarterly Review of Biology. Recommendations) — Conjugal Love: Experiments

4 Improve Mating Methods—Arousing the Sexually
SEND NO MONEY | 22r%ic

Mail This Coupon NOW to

Mating got pe ge ree ge A eae patarexeres
: — — Sex Inte

Healthcraft, Inc., Dept. 182-L pais) eving Sex Tension

247 West 19th St., New York 11, N. Y.

During Pregnancy; After Childbirth—Menstruation
and the Change of Life—Intercourse After the
Change of Life—Birth Control—When a Bahy Is
Wanted.
Mail me'my Bonus copy of ‘‘Sex and the Love {mpulse.”’ .
Also send for 5 days’ reading a copy of. SEX FULFILL- Frigidity in Women—Sex rte ie alge tarp mma
MENT IN MARRIAGE. When both books arrive (in plain Sex Pen og NR me a. " re ite
package: marked ‘‘Personal’’), I will pay only $2.98 and a How Age, Sex Instinct, an i cipal sf ‘ec! Bi peBrg i
few cents delivery charge. (This is the regular published | —Importance of Sex Satisfaction in ge.
priee of ‘‘Sex Fulfillment In Marriage’’ ALONE.) If not
entirely delighted, I may return purchase within five days
for FULL REFUND of purchase price. (I am over 21

SEX CHARTS—Male and Female
Female Sex Organs, Front and Side Views . . . In-

vhs keea ternal Sex Organs . . . External Sex Organs .. .
Bo Pee Cd ER TA Pere Laem PUES, ete eae Entrance to Female Genital Parts . . . Male Sex
Address Organs, Front and Side Views . . .

Details...
Accurate. and> Scientific with FULL Explanations.

Drawn by a-‘‘Master of Sex Anatomy"

“Scientific, yet easily readable . . . Can be widely
recommended.” —Journal of the American Medical
Association.

City and State

OQ CHECK HERE if you wish to enclose only $2.98 with
this coupon, thus saving delivery charge. (Same
Money-back Guarantee, of course.) We reserve the right
to reject orders and refund money if supply is exhausted.

Hh ce on ot tO SSO AO OOO

LOWEST-PRICED REAL

ADDING MACHINE

Adds vp to One Billion... Subtracts... 2
Moltiplies .. . Divides... Guaranteed only ° 5

= postpaid

NEW ELECTRIC PAINT PEELER
Gets to bare wood fast

y wigan a
Jents, Business
lousewives and others

PL a Sb De ae pa

postpaid. -0.D, 2.00 it, balance plus

postal charges. SATISFACTION GUARA: Koadied
ERIDIAN CO.,366 Madison Ave., Dept. P-700, New York 17

MERIDIAN CO., 366 Madison Ave., Dept. C700, N.Y. 17

71

Bigs Rake

—Sunday, December 18, 1983 The Sunday Iberian, New Iberia, La.

May face death in J anuary

‘Sonnier’s latest appeals nixed

A New. Iberian convicted of the 1977 rifle slayings
of two local teen-agers could be executed as early as
January if the Fifth Circuit Court of Appeals and the
U.S. Supreme Court persist in ignoring his appeals.

_A decision by the court this week to issue a man-
date for Elmo Sonnier, convicted of killing Loretta

Bourque and David LeBlanc, leaves the condemned :

killer with few avenues of escape.

That mandate, which essentially rejects latest ap-

peals, allows Sonnier’s attorney but seven days —
until Dec. 22 — to file for a rehearing with the

_ Same court or to seek clemency from the Supreme
Court. Ce

If both attempts fail, says prosecutor Dracos Bur-
ke, a death warrant will be issued for Sonnier to die

- within 30 to 45 days.

_ “It’s a real possibility,” Burke said, of chances
the state will electrocute the 34-year-old, one of over
two dozen people on Louisiana’s Death Row coping
with unsympathetic judiciaries that are permitting
executions. !

-... Robert Wayne Williams and killers from Florida

.. and Georgia have been put to death in the last few

weeks, and they’re only a handful executed since a
1974 ruling that okays some death sentences.

Sonnier and his younger brother, Eddie, were con-
victed by a 16th Judicial District court of the 1977
double kiiling. But where a jury sentenced Eddie
Sonnier to life imprisonment for the crime, Elmo
was orderedtodie.

That sentence was affirmed by a St. Mary Parish
court. - ; ve

Burke said Saturday Sonnier’s last chance to beat
execution lies in appeals to the Supreme Court, not
in a rehearing of his case by the Fifth Circuit. \

“That’s a waste of time,” Burke, the man that
prosecuted Sonnier, said, adding that the Fifth Cir-
cuit would ‘‘quickly dispose of it ( appeal).’’

Burke also said Sonnier is in trouble if he ap-.
proaches the high court. with old arguments, partic-
ularly that of proportionality.

That argument — that Sonnier’s sentence is out of
line with others handed down by juries in the 16th
Judicial District — has been diminished by recent
executions, Burke said..

(See SONNIER, Page 7)

Sonnier

(Continued from Pa ge 3)

cess matter or allege that Son-

In allowing Williams to die for
Shooting to death a security guard
during a holdup, Burke said the
Supreme Court recognized Loui-
Slana’s_ district-wide review of
proportionality.

The condemned man’s attorney
Michael Baham, handling the
Case free-gratas as a capital pun-
ishment opponent, - has chal-
lenged, among other things, a po-
lice search of Sonnier’s car and
the makeup of the jury that heard
his case.

But convincing a court to inter-
cede this time will take a “‘fresh’’
appeals theme, Burke said.

They must address a due pro-

nier’s rights were violated via
State court’s handlirig of the case.

“Tt will have to be something
that hasn’t been heard before,
something convincing,’ Burke
said, referring to a 1983 Supreme |
Court decision addressing frivo-
lous court appeals.

That ruling, named after Thom-
as Barefoot — a New Iberian
convicted of murdering a Texas
lawman — limits what appellate
courts will hear in reviewing
cases.

“And I don’t know what that
(appeal) could be,” Burke said.

_ ‘We beat him and there’s noth-
ing else in his case that warrants
a court’s consideration,” ;

eS |

NEW-IBERIA; La. (UPI) — A 16th

3h
a,

Sonhier until Thursday to file a motion for

Noy. 10 after blocking his Aug... 19
exe tution. 2 bs

ts

state prosecutor‘ who tried Sonnier.

ettificate from.the federal court in
. Lafayette in October,” Assistant District
Attorney Dracous Burk said. “It would be

ae The court rejected his appeal
»« Syurther appeals at.the 5th Circuit level, ©
- Hovfever, would D€ futile, according to the

»J#he. court:received the case on

expedient to go to the (U.S.) Supreme '

Court,

“Time is running out because anew
death certificate is expected to be issued
by District Judge Thomas Bienvenue.”

Sonnier, 34, and his brother, Eddie ‘

Sonnier, were convicted of the 1977 rifle
Slayings of Loretta Bourque, 17, and David
Leblanc, 16. She was ra ped, both teenagers
were shot and their bodies were dumped in
a cane field.

' Eddie Sonnier received a life sentence,

_and Elmo Sonnier received the death
‘penalty.
Burke said Sonnier Could become the

Second man in 22 years.to die in

Louisiana’s electric chair. Robert Wayne

_ Williams, 31, died last week,

“His last chance lies in appeals to the

Supreme Court by due process or

MORNING ADVOCATE, Baton Rouge, La. Mon. Dec. 19, 1983

allegations of civil rights violations,” Burk
Said. “By allowing Williams last week to
die, the Court recognized Louisiana’s

. Proportionality law, which eliminates that

argument as an appeal.”

An execution date must be scheduled at
the earliest date 30 to 45 days after the

‘death warrant is issued,” Burk said. “So ;
Sonnier could be scheduled to die as early

as Jan. 24,”

‘ \ THE CROWLEY POST SIGNAL

Sunday, November 13, 1983 Page 2

Court Reinstates Execution

NEW ORLEANS (UPI)—
A federal appeals court
Thursday rejected
arguments from convicted
killer Elmo Patrick Sonnier
and reinstated his death
sentence for the murders of
a teenage couple in Iberia
Parish.

The 5th U.S. Circuit Court
of Appeals found nu merit in
Sonnier’s arguments and
upheld the lower court
conviction and death
penalty.

Sonnier argued_ potential
jurors for the panels that
convicted and sentenced
him were excluded if they
were in favor of capital
punishment or had religious
scruples against the death
penalty.

The three-judge panel
ruled Sonnier failed to
challenge the exclusion of
specific jurors and relied on
‘conclusory allegations, but
upheld the process anyway.

is “!{This.. circuit | had
‘recognized that a state may
excuse j" jurors *.) ¢so

* unequivocally ‘opposed * to

‘the death penalty that’ they,

. would not follow the law on
the subject,’ the. ' judges
Aruled.' iattt 5 eae

Ae
¥ we

... Sonnier also. argued his.
; death" sentence ¥ was;

‘disproportionate’ to’ sen-
+ tences:" imposed «in * other

* cases, specifically because’

the district court considered
only capital cases from the

judicial district in which he
was convicted.

The circuit court noted it
has rejected in the appeal of
Robert Wayne Williams the
challenge of the Louisiana
district-wide proportionality
review.

“The review that took
place’ in Sonnier’s case
provides. adequate
safeguards against freakish
imposition of capital punish-
ment,” the court rules.

“Just as a jury chosen
from a cross-section of the
comminity in which the
crime is committed is a
safeguard against arbitrary
enforcement of verdicts and
sentences, so a review of the
murder conviction ... is

sufficient to ensure against -

arbitrary imposition of the
death penalty.”

Sonnier, 34, has twice had
his case rejected by the
state Supreme Court and

twice by the U.S. Supreme
Court.
The St. Martinville man

was convicted with his

brother, Eddie, of kid-
napping Ann Bourque, 17,
and David LeBlanc, 16, from
a lovers’ lane following a
1977 football game.

The high school
sweethearts were parked in
their car when the Sonniers
plashed police badges and
ordered the couple from the
vehicle. They were hand-
cuffed and driven 21 miles
to a remote oilfield road in
Iberia Parish.

LeBlanc was handcuffed
to a tree while the Sonniers
raped the girl. Eddie then
held a flashlight in the
victims’ faces while Elmo
pumped three rifle slugs
into the head of each
teenager.


TUESDAY, DECEMBER 20, 1983

PER ce ENTE FEOF YL PREAMTE LE ORES ES
MARS sg tet Pa ge arom W *

Court clears way for

Sonnier execution

_ NEW ORLEANS (AP) — Barring a
new legal initiative from the defense,
a federal appeals court ruling may
have cleared the way for the execution

_ ‘of Elmo Sonnier.

_ Sonnier,. 34, was condemned to
death for the 1977 lovers’ lane
murders of two teen-agers in Iberia
Parish, and the 5th U.S. Circuit Court
‘of Appeals is to issue a mandate Dec.
92 authorizing the state to proceed
‘with the punishment.

~ Sonnier’s lawyer, Michael Bahan of

‘Metairie, has refused to give infor-.
“Smation about the status of the case and

“did not return calls to his office Mon-
aay

~ In New Iberia, Assistant District At-
‘torney Dracos Burke said the action
means there is a real possibility that
Sonnier will go to the electric chair
’some time during January.

~ Only some new issue will suffice for
“anew appeal, Burke said, and the pos-

ture of the case at this point leaves
few, if any, pleas of any substance.
Burke said the issue of “propor-

tionality,” frequently raised in recent.

death penalty pleas to the U.S. Su-
preme Court, no longer shows much

"promise for delay.

“Proportionality” is a claim that a
death penalty is unjust compared to
the punishment inflicted in similar
cases in the same area. .

That argument was diminished last
week when the U.S. Supreme Court did
not stop the execution of Robert Way-
ne Williams. Burke said the action in-
directly upheld Louisiana’s system of

reviewing a death penalty verdict for.

“proportionality” by comparing it to
other death penalty verdicts in the
same judicial district.

Barring further federal courts ac-
tion, the Sonnier case returns to state
District Judge Thomas Bienvenue. By

law, he must set a new date of execu-
tion to fall within 30 days after the
stay of execution was lifted.

Sonnier and his younger brother,
Eddie, were convicted of the 1977
murders of Loretta Ann Bourque, 18,

: AP Laserphoto
Unless a new appeal is filed, a federal court has cleared the way
for the execution of Elmo Sonnier. Sonnier (left) was convicted
of the 1977 murder of a teen-age couple abducted from a lover’s
lane. At right is Eddie Sonnier, his brother, who is serving a life
sentence for the same crime.

and David LeBlanc, 16, two Iberia
high school students who were en-
gaged to be married.

Prosecutors said the young woman
was raped and then both were killed
with rifle shots to the back of the head.


ep 4) PLEASE CONSIDER WRITING TO ROBERT SAWYER TO LET HIM KNOW

OF YOUR SUPPORT, PRAYERS AND EFFORTS. WHEN WRITING MAKE
SURE TO COPY THIS ADDRESS EXACTLY AS IS SO THAT HE WILL
RECEIVE HIS NOTE FROM YOU: MR. ROBERT WAYNE SAWYER

DOC# 99013

DEATH ROW

LOUISIANA STATE PENITENTIARY

ANGOLA, LOUISIANA 70712

op) 5) IF YOU CAN SEND $1 FOR THE COST OF MAILING AND PRINTING
INFORMATION AROUND THIS EXECUTION EMERGENCY IT WOULD BE
GREATLY APPRECIATED.

REMEMBER, THERE IS LITTLE HOPE LEFT FOR ROBERT’S CASE IN THE
COURT SYSTEM. THE EMPHASIS IS REALLY ON THE GOVERNOR.

THANK YOU, THANK YOU, THANK YOU IN ADVANCE, FOR YOUR EFFORTS
TO KEEP LOUISIANA EXECUTION-LESS. IF WE CAN PROVIDE ANY
ADDITIONAL INFORMATION PLEASE CALL US IMMEDIATELY.

MICHAEL SINTEF KATY breed
PILGRIMAGE FOR LIFE

916. ST. ANDREW STREET

NEW ORLEANS, LA 70130

(504) 522-5519

(504) 523-7366

fl


qwey rer?

The Hon. Edwin Edwards
State Capitol
Baton Rouge, LA 70804

Dear Governor Edwards:

Robert Wayne Sawyer, a 40 year old Tennessee native with a long
history of mental problems, is scheduled to be executed by the
state of Louisiana. As an infant, Sawyer's mother attempted to
suffocate him before taking her own life in a desperate attempt to
avoid the relentless beatings Sawyer's father regularly inflicted
on her and her child. Before he was 17, Mr. Sawyer had been
committed to three mental hospitals. Records reveal that he was R
consistently diagnosed as mentally retarded and suffering from
organic brain damage. The records also show that Sawyer registered
an abnormal EEG, underwent shock treatments, and was treated with
anti-psychotic drugs during these involuntary

institutionalizations.

These hospital records could easily have been presented in Sawyer's
defense during his murder trial. However, thanks to an
inexperienced and ill prepared court-appointed lawyer, the jury
which condemned Mr. Sawyer heard no evidence of his mental
disabilities. Worse, Sawyer's own lawyer described him as a
sociopath. One of the jurors recently signed an affidavit
establishing that the jury would never have sentenced Sawyer to
death had its members known that he was mentally retarded.

In July, the Supreme Court ruled that Sawyer could not challenge
his death sentence on the basis of the hospital records since they
should have been presented in earlier appeals. Of course, this is
not Mr. Sawyer's fault. Since it would be cruel and inhumane to
execute someone under these circumstances, we, the undersigned, ask
you to commute Robert Sawyer's death sentence to life in prison.

SIGNATURE PRINTED NAME ADDRESS

o.

10.

Return to: CADRY

P.OJBOK (5532: :,
NEW ORLEANS, LA 70175-5532


7 7 ; TT N QO? : ) Cc {,

of | Nati i to AJ Dal
Fo ore i i! ntact: J Dee
125 GQ .. NW, r B, Washi: , UU) (202) 3847-2411
PEACENi: ACCESS CODE--ABOLITION
ALERT 90-8 DECEMBER 5,1990
**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**
VIRGINIA 13 DECEMBER 1990 ELECTROCUTION

BUDDY EARL JUSTUS, (White), age 37 has been on death ro

also has a death sentences in Florida and Georgia.
TAKE ACTION, CONTACT: Gov. Douglas Wilder
Office of the Governor

PO Box 1475 (804) 786-2220
Richmond VA 23212 FAX (804) 786-3985

LOUISIANA 14 DECEMBER 1990 ELECTROCUTION
ROBERT WAYNE SAWYER, (White), age 40 has been on death row since Septembe

1980. He was convicted of the torture/murder of a white female. His co-defendan

received a life sentence.

Sawyer comes from a physically abusive background. His mother tried severa
times to kill Sawyer and his twin sister. Sawyer’s mother suffered abuse from hi:
father and later took her own life. Sawyer’s father became more abusive toward ths
children blaming them for their mother’s death. Sawyer does suffer from brain damagi

and is mentally retarded.
TAKE ACTION, CONTACT: Gov. Buddy Roemer LA Pardon Board

PO Box 94004 Chair Yvonne Campbell

Baton Rouge LA 70804 504 Mayflower St.

(504) 342-7015 Baton Rouge LA 70802

FAX (504) 342-0909 (504) 342-5421 FAX (504) 342-6593
TEXAS | 17 DECEMBER 1990 LETHAL INJECTION

LEONEL R. HERRERA, (Hispanic), age 43 has been on death row since 1982.
€ was convicted of the murder of a Hispanic police officer. ;
TAKE ACTION, CONTACT: Attny Gen. Jim Mattox Gov. William Clements

State Capitol ; PO Box 12428
Austin TX 78711 - Austin TX 78711
(512) 463-2100 (512) 463-2000

FAX (512) 463-1849

TSAR A I CRC ICICI ICR ASRS ISR SR A ICI ACR CCCI aC a a a aa oo SR eek

UPDATES- Paul William Scott, Florida received a stay.
Maurice Byrd, Missouri received a stay.
Curtis Kyles, Louisiana received a stay.
Harold "Wili" Otey, Nebraska received a stay.
Raymond R. Clark, Florida was executed November 19, 1990.

TEES A sR A SIS EAC E CRICK ICICI RCRA RIAA IA A IA A SHR KO ER Hk ek okek
There have been 142 executions in the United States since the reinstatement of the death penalty in 1976.

w since November 198(
He was convicted of the 1978 rape/murder of a 9 month pregnant white female. Justu

SH YER, Ok

The (NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Pamela Rutter, NCADP

1325 G St. NW LL-B, Washington DC 20005 (202)347-2411
Peacenet Access Code--ABOLITION//Non-Business Hours Alert Answering Machine 202-347-2415
Partial Funding for the Alert Network is provided by the J. Roderick MacArthur Foundation,
the A.J. Muste Memorial Institute, the Boehm Foundation and the Unitarian Universalist

Foundation.

ALERT 91-7 November 13, 1991]

**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**
LOUISIANA 15 NOVEMBER 1991] LETHAL INJECTION

ROBERT WAYNE SAWYER, (White), age 40 has been on death row since September
1980. He was convicted of the rape/torture/murder of a white female. His co-
defendant received a life sentence.

Sawyer comes from a physically abusive background. His mother tried
several times to kill Sawyer and his twin sister while they were infants. sawyer’s
mother suffered from post-partum depression and abuse from Sawyer’s father. She
took her own life while the twins were infants. Sawyer’s father became more
abusive toward the children blaming them for their mother’s death. Sawyer does
suffer from frontal lobe brain damage and is mentally retarded. Tne Pardon Board
did rule favorably 3-2 for a recommendation for clemency on Nov. 11, 1991,

TAKE ACTION, CONTACT: Gov. Buddy Roemer LA Pardon Board

PO Box 94004 Chair Yvonne Campbell
Baton Rouge LA 70804 504 Mayflower St.
(504) 342-7015 Baton Rouge LA 70802
FAX (504) 342-0909 (504) 342-5421
FAX (504) 342-3087
FLORIDA 15 NOVEMBER 1991 ELECTROCUTION

LEO ALEXANDER JONES, (Black), age 41 has been on death row since November
1981. He was convicted of the murder of a white police officer. There are
significant doubts to Jones’ guilt.
TAKE ACTION, CONTACT: Gov. Lawton Chiles

State Capitol

Tallahassee FL 32301

(904) 488-2272 or (904) 488-3494

FAX (904) 488-9578

OKLAHOMA 6 DECEMBER 199] LETHAL INJECTION
ROBYN LEROY PARKS, (Black), age 37 has been on death row since October 1978.
He was convicted of the murder of a gas station attendant. The Oklahoma Parole
Board has set a hearing date of December 2,:1991. Tne Parole Board has not
heard a clemency petition for a death row prisoner since 1966.

TAKE ACTION, CONTACT: Gov. David Walters OK Pardon & Parole Board

State Capitol 4040 N Lincoln Blvd. Ste 219
Oklahoma City OK Oklahoma City OK 73105
73105 (405) 427-8601

(405) 521-2342 FAX (405) 427-6648

FAX (405) 521-3353

OK Pardon Board: Ms. Jari Askins, Chair, PO Box 391, Duncan OK 73534
Mr. Marzee Douglass, Vice-Chair, PO Box 2297, Ardmore OK 73402
Ms. Carolyn Crump, PO Box 50043, Tulsa OK 74150-0043
Mr. Farrell Hatch, PO Box 1099, Durant OK 74702
Mr. Carl Hamm, PO Box 122, Perry OK-73077


824 945 FEDERAL REPORTER, 2d. SERIES

eral habeas petition. Sawyer adinitn that
he had. been adjudicated incompetent: on
two separate occasions before he stood tri-
al, and that he had been diagnosed as hav-
ing moderate retardation and chronic brain
syndrome as early as 1965. This type of
information could. have been discovered
through reasonable investigation at or be-
fore the time the first habeas petition was
filed. We agree with the district court that
Sawyer fails to show cause for not raising
this claim in his first habeas petition.

Sawyer urges us to consider incompeten-
cy to stand trial as equivalent to. being
actually innocent of his conviction and sen-
tence. Essentially, Sawyer is contending
that the alleged Fourteenth Amendment
due process violation that caused him to
stand trial despite his mental incompetency
yields a showing of actual innocence be-
cause, but for the constitutional error, he
would. not have been. convicted and. -sen-
tenced. He does not, however, argue that
he was actually innocent of the murder, or
of any.of the facts which led the jury to
find. the. two valid statutory- aggravating
circumstances... Since: Sawyer... does. not
challenge the critical factual bases for his
conviction or sentence, we dismiss this.
claim without addressing its merits.

E.... Claim. 3

In} his: final. claim, det yan alleges that:

the State hid exculpatory evidence: in viola-
tion:of Sawyer’s rights under the:.Sixth,
Eighth, ~ and. .Fourteenth Amendments.
Sawyer asserts that despite a pre-trial re-
quest for “any exculpatory evidence: favor-
able.to the defendant;” the State concealed
that: 1) its key witness, Cynthia. Shano,
was: promised immunity in exchange for

20. Sawyer submits seven affidavits to support
his allegation that Shano was promised immuni-

ty.. The affiants declare that Shano either told.

them or told someone else who repeated to
them that she made a deal with the State: to
testify against Sawyer in order to save herself.
- Another affidavit supports Sawyer’s allegation
that Wayne Shano exculpated Sawyer. Diane
Thibodeaux, a close friend of Cynthia Shano,
states in her affidavit that she was present when
the police detective interviewed Wayne Shano,
and that Wayne said “Daddy tried to help the
lady” [Wayne Shano called Robert Sawyer “Dad-
dy”, but Sawyer was not Wayne's father.] and

her tention 2) Wayne Shano, the four-
year-old.son of Cynthia Shano, told a police
detective that Sawyer did not set Arwood
on fire and.tried to stop Lane from doing
so; 3) Cynthia Shano knew Charles Lane
prior to the commission of the crime; 4)
Cynthia Shano lied when she testified at
trial that she does not drink; and 5) the
police discovered another can of lighter
fluid near the house the day after the crime
was committed.”

[11] Sawyer did not raise this claim in
his first petition, and the district court re-
jected the claim because it determined that
Sawyer failed to show cause for this omis-
sion. Sawyer’s claim rests on hearsay
statements recalling incidents that hap-
pened ten years ago. He does not present
a convincing argument that the State ob-
structed his counsel from deposing these
witnesses either at the time of his criminal
trial or his first habeas petition. Indeed,
since the State opened its files to Sawyer’s
counsel when he filed his first federal habe-
as petition, he cannot assert that any exter-
nal obstacle barred his access to this infor-
mation.‘ Because the State did not prevent
Sawyer from having access to the: state-
ments and other materials on which he now
bases:his ‘claim, he does not show that he
could not: have: obtained,.:by reasonable
means, “‘a sufficient basis to allege a claim
in the first petition and:pursue the matter
through the habeas process.” peManey,
111. S.Ct. -at 1470.

[12] ‘Nor does this evidence raise a fair
probability that a rational trier of fact
would have entertained a reasonable doubt
as to whether to sentence Sawyer to death.
Sawyer has not raised’any specific facts to

that the “other man” had lit Arwood on fire. A
1981 letter from William Rausch to Shano sup-
ports Sawyer’s claim that Cynthia Shano knew
Charles Lane prior to the murder. Rausch
wrote the letter while he was a prisoner at the
Jefferson Area Community Correction Center.
Rausch wrote that he spoke with Charles Lane
in prison and Lane indicated that he was a good
friend of Shano’s. Finally, Sawyer’s claim that
Shano lied.on the stand about her drinking rests
solely on the prosecutor’s handwritten notes for
his. direct examination of Detective Geiling
which indicate that the investigating detective
smelled the odor of alcohol on Shano.

' w:that he is inno
erfof Arwood or
gravating circum:
fore recommendii

son, 21 it would not
: faet to entertain a_

the jury finding that

*Arwood was comm

ee heinous, atrocious a

oo jury ‘could have lo

She

a. surrounding Arwoo:
“os than those giving ri:
Bi ‘finding. -

Yor ety

"Moreover, Sawye
credibility of Cynt
B ‘star, witness, would
4 “of. fact to entertain
‘to. his guilt of the

statutory aggravat

pat ‘oe!

A. evidence now pre
Ww jould h have retaine'

Si

; tiled the jury t
oe to death a

~ sentence Sawyer t
ee dismiss this claim.

Ill. C

~_* For the foregoi
the district court

21. We assume onl
“that Sawyer’s evide
=, to this jury finding
~ Sawyer need not h
, , tor of the aggrava

Bc. art. 14:24 (West 15
“crime as all perso
* commission of a c
- directly). He does

% “burned. Furthern
© *<his fingerprints we


rest
sts

ive

. show that he is innocent either of the mur-
- der of Arwood or of both of the valid
- aggravating circumstances the jury found
' before recommending the death penalty.
’ Although some of the evidence might impli-
cate the jury’s finding of aggravated ar-
*. son,?! it would not lead a rational trier of
#> fact to entertain a reasonable doubt as to
*-- the jury finding that the murder of Frances
Arwood was committed “in an especially
* heinous, atrocious and cruel manner.” The
jury could have looked to circumstances
surrounding Arwood’s brutal murder other
than those giving rise to arson to make ona
finding.”?

Moreover, Sawyer’s effort to attack the
credibility of Cynthia Shano, the State’s
star witness, would not lead a rational trier
of fact to entertain a reasonable doubt as
..to his guilt of the crime or either of the
4 statutory aggravating circumstances un-
derlying his sentence. Regardless of the

evidence now presented, the jury still
would have retained the discretion to credit
Shano’s testimony. This evidence does not
implicate any of the findings of fact which
entitled the jury to convict and sentence
Sawyer to death as a matter of law. We
cannot say that this newly tendered evi-
‘dence of bias, when viewed in conjunction
-with the evidence presented at trial, would
lead a rational juror to entertain a reason-
ble doubt about whether to convict or
entence Sawyer to death. Asa result, we
ismiss this claim.

IIL. CONCLUSION :

» For the foregoing reasons, we AFFIRM
p< the district court’s judgment dismissing

i a "

We assume only for purposes of argument

- ‘that Sawyer’s evidence asserts a valid challenge
~ to this jury finding. We observe, however, that
~ Sawyer need not have been the actual perpetra-
E« tor of the aggravated arson for a jury to find

him guilty of that crime. See La.Rev.Stat.Ann.

4 art. 14:24 (West 1986) (defining principals of a
»crime as all persons who aid and abet in the
“commission of a crime, whether directly or in-
irectly). He does not contend that he was not
“present while Frances Arwood was being
© burned. Furthermore, he does not deny that
his fingerprints were found on a can of. lighter

3e
21.

U.S. v. LOKEY.
Cite as 945 F.2d 825 (5th Cir. 1991)

825

Sawyer’s request for habeas corpus relief -
and VACATE his stay of execution.

w
ce) E key NUMBER SYSTEM
T

UNITED STATES of America,
Plaintiff—Appellee,

Vv.

Charles Eldon LOKEY, Michael
Stutevoss, Christopher Anthony
- Davis, : Delorean

No. 90-8245.

United States Court of Appeals,
Fifth Circuit.

Oct. 10, 1991.

Defendants were convicted in the Unit-
ed States District Court: for the Western
District. of Texas, Walter S. Smith, Jr., J.,
of. conspiracy to distribute marijuana, and
they appealed. The Court of Appeals,
Barksdale, Circuit Judge, held that: (1) evi-
dence that conspiracy began before date
charged in indictment was properly admit-
ted; (2) defendants were convicted for sin-
gle conspiracy charged, rather than multi-
ple conspiracies; (3) jury was properly in-
structed on defendants’ theory of case;
and (4) defendants were not entitled to
downward adjustment afforded to “minor
participants.”

Affirmed.

fluid at the crime scene, a fact which the jury
considered in finding aggravated arson.

22. As recounted above, Sawyer beat and scalded
Arwood with boiling water. See also Sawyer v.
State, 442 So.2d 1136, 1140 (La.1983) (pointing
to “overwhelming evidence of the heinous na-
ture of the principal offense” in affirming Saw-
yer’s sentence). Nothing Sawyer adduces now
contradicts the fact that he participated in tor-
turing Arwood.

grad pews. sti andar 3s ee

Re Se a a ne eS

SRLS <i rend PC ad cd teed se niet ere

ne ee

i
a
&
4
4
4
|
4

Ste EE Meh t

[ce Dy Le.

“SAWYER v.. WHITLEY: **

- Cite'as 772 F.Supp. 297 (E.D.La. 1991),

the creditor; and, (3):the. creditor:accepted
the tender.® ‘The defendant contends the
evidence reveals that it. has satisfied each

of the above three elements and, therefore, :

it is entitled. to rerrisiin unementos ‘The
Court disagrees. -

Before the Court can find that lesan
and satisfaction exist, the Court must find
mutual consent: between: the’ parties: con-
cerning the transaction.? It. is: essential
that the creditor is.aware that the debtor’s
tendered check if accepted will fully ‘liqui-
date the debt.!° The Fifth Circuit has stat-

ed that -“mutual consent’ is’ an iabsolute

requisite to the ‘formation of a contract of
accord and satisfaction, and that'the intent
of the parties is'a question of fact to be
resolved by the trier-of- fact.” 11 Therefore,
the Court finds there i is a genuine issue as
to a material fact in dispute regarding the
intent of the parties. Consequently, defen-
dant’s motion for summary judgment. can-
not be granted under the current; ‘facts.

Therefore: eae) apedahi

IT IS ORDERED that the plaintiff’s mo-
tion to remand this action to the state court
be and it is hereby DENIED. . ©

IT IS FURTHER ORDERED he the
defendant’s motion for summary judgment
is DENIED.

KEY NUMBER SYSTEM

t American Bank & Trust Company v. ‘Hannie,
eet 216, 218-19 (La.App. 3d Cir.1990) writ
“a ted, 572 So.2d 64 (La.1991); Charles X.-Mil-

Inc. v. Oak Builders, Inc., 306 So.2d 449, 451
‘App. 4th Cir. 1975).".. os

‘A ‘Schbach & Moore, Inc. | v. Dae Elec. Power
P-, 7199 F.2d 194, 198 oe seat poe |

: Dns mt ree
CET EF re

Robert Wayne SAWYER :
; sinners WHITLEY;*Warden; Louisiana::

“States ‘Penitentiary, Angola, TET
Louisiana. Tt # s f

"., Civ. A. No. 90-4035. .

United States District Court,
E.D. Louisiana.

_, July 16, 1991,

‘Loniaians: prisoner. filed a sean peti-
tion for:a writ of habeas corpus after he
was' convicted of first-degree murder ‘and
sentenced ‘to death, the Louisiana Supreme
Court, 422 'So.2d 95, affirmed, the United
States Supreme Court, 463 U.S. 1223, 103
S.Ct. 3567, 77 L.Ed.2d 1407; granted certio-
rari and vacated’ and remanded, and the
Louisiana ‘Supreme Court, 442 So.2d 1136,
again affirmed. The District Court, Mentz,
J.; held that: (1) the prisoner failed to show
that the ends ‘of justice would be served by
reaching the merits of successive claims
that had been raised in the prisoner’s first
habeas petition; (2) some claims that had
been omitted from the earlier petition were
barred under the abuse of the writ doc-
trine; (3) the prisoner’s claim that design
defects in Louisiana’s electric chair would
result in cruel and.unusual punishment was
not an abuse of the writ, because the claim
was based on evidence that had not. been
available at the time of the first habeas
petition; and (4) .electrocutions in Louisi-
ana’s electric chair do not result in cruel
and unusual punishment, although the de-
sign of the chair could have been improved.

“Petition for writ of habeas corpus de-
nied.

10. Fischbach & Moore, 799 F.2d at 199;
“Ingraham Concrete Structures’ v.’° Champion
Shipyards, Inc., 423 So.2d 752,753 (La. APP. 4th
~Cir. 1982). . aa ,

1 Ae: Fischbavh & Moore, 798 F. 2d at 198 8 (empha.
“sis added)ii) 2.0 se.


ect, petition- :
use excusing -
petition and.
ym omission. -

yunsel
tule
3.C.A. °

irness. “Rv
Rule my

and Phrases
uctions and

(2) :
ving for omit :

PAS.

“SAWYER:v. WHITLEY .. |

299

Cite as 772 F.Supp. 297 (E.D.La. 1991)

to trial and prisoner offered no evidence of
innocence ' to satisfy fundamental miscar-
riage of justice:exception to cause require-
ment and, therefore, competency claim was
barred as abuse of the writ.: Rules Govern-
ing §.2254 Cases, Rule 9b), 28 dl S: ©. A.
foll. § 2254. 2

11. Habeas Corpus €>898(3) |

Prisoner’s claim that: Louisiana’s elec-
tric chair had been, defectively. designed
was based on evidence that was. not in
existence at time of prisoner’s first habeas
corpus petition. and prisoner would suffer
actual prejudice if. electric chair did not
meet. constitutional. standards and, _there-
fore, claim raised for first time in second
habeas corpus petition was ,not abuse, of
the writ; Louisiana did not maintain main-
tenance or repair records on electric chair,
reports about executions, or documentation
of postexecution. condition of. persons -elec-
trocuted by, state, and prisoner’s evidence
consisted: of .eyewitness. affidavits -. sub-
mitted by people who witnessed executions
after prisoner’s first: petition. . Rules Gov-
erning § 2254 Cases, Rule 9(b), 28 U.S.C.A.
foll. § 2254;. U.S.C.A. Const.Amend. 8.

12. Habeas Corpus ¢=898(3)

Prisoner offered no explanation for his
failure to raise, in first habeas corpus peti-
tion, his claim that state hid exculpatory
evidence, despite pretrial request for such
evidence, and, therefore, claim raised for
first time on second petition was abuse of
the writ; legal and factual support for
claim had been reasonably available at time
of initial petition. Rules Governing § 2254
Cases, Rule 9(b), 28 U.S.C.A. foll. § 2254;
U.S.C.A. Const.Amend. 8.

13. Habeas Corpus ¢898(2)

Prisoner failed to show that his first
habeas counsel had been constitutionally
ineffective for failing to investigate and
obtain evidence to support prisoner’s claim
that state failed to reveal requested excul-
Patory evidence and, therefore, claim raised
for first time in second habeas corpus peti-
tion was barred for abuse of: the writ.
Rules Governing § 2254 Cases, Rule 9(b),

28 U.S.C.A. foll. § 2254; U.S.C.A. Const.
Amend. 6.

14. Habeas Corpus ¢=898(2)

‘Even if prisoner’s first habeas counsel
had ‘been’ ineffective for’ failing to raise
claim’ that ‘state' had withheld’ requested
exculpatory evidence, ‘prisoner could not
show that he was prejudiced ‘and, ‘thus,
claim raised for time in second habeas cor-
pus petition was barred for: abuse of the
writ... Rules Governing §- 2254 Cases,-Rule
9(b), 28 US.CA. foll. § 2254; .U.S.C.A.
Const. Amend. GP 8s 8 aereu HEE

15. Criminal aie: 1213. 8(8)

“Louisiaria’s “ electric’ chair does not
cause wanton or unnecessary infliction of
pain ; and, therefore, design of electric chair
does not violate Eighth Amendment, even
though ‘design could have been improved;
electrocution in manner performed by Loui-
siana provided sufficient electrical current -
to the brain to result in instantaneous dis-
ruption of brain’s ability to operate, imme-
diately rendering condemned prisoner un-
conscious. and “unable to feel ‘pain.
U.S.C.A. Const.Amend. 8. ,

Nicholas J. Trenticosta, New Orleans,
La., for petitioner.

Dorothy A. Pendergast, Asst. Dist. Atty.,
Research & Appeals, Gretna, La., Annette
Viator, Chief Legal Counsel, Dept. of Cor-
rections, Baton Rouge, La., for respondent.

MEMORANDUM OPINION

MENTZ, District Judge...

This death penalty case is before the
Court for review of Robert Sawyer’s sec-
ond petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254: : In the inter-
est ‘that the validity of his conviction be
finally resolved, the Court permitted Saw-
yer to amend this second petition’ three
times. The State filed responses to the
petition’ and each amendment. ‘After care-
ful review of the briefs and evidence ‘sub-
mitted by the. parties, the record, and the
applicable law, the Court denies | Sawyer’s

netition for writ af hahasac. earn


SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

tion for cert pending, No. 91-6576."
We agree with the Courts of Appeals
for the Fifth and Eleventh Circuits
that the “actual innocence” require-
ment must focus on those elements
which render a defendant eligible
for the death penalty, and not on
additional mitigating evidence which
was prevented from being intro-
duced as a result of a claimed consti-
tutional error.

[2b] In the present petition, Saw-
yer advances two claims, arising
from two distinct groups of eviden-
tiary facts which were not consid-
ered by the jury which convicted and
sentenced Sawyer. The first group of
evidence relates to petitioner’s role
in the offense and consists of
affidavits attacking the credibility of
Cynthia Shano and an affidavit
claiming that one of Shano’s sons
told a police officer that Sawyer was
not responsible for pouring lighter
fluid on Arwood and lighting it, and
that in fact Sawyer tried to prevent
Charles Lane from lighting Arwood
on fire. Sawyer claims that the po-
lice failed to produce this exculpa-
tory evidence in violation of his due
process rights under Brady v Mary-
land, 373 US 83, 10 L Ed 2d 215, 83
S Ct 1194 (1963). The second group
consists of medical records from
Sawyer’s stays as a teenager in two
different mental heath institutions.
Sawyer alleges ineffective assistance
' of counsel in trial counsel’s failure
to introduce these records in the
sentencing phase of his trial.

[1f, 2c] The Court of Appeals held
that petitioner’s failure to assert his
Brady claim in his first petition con-
stituted an abuse of the writ, and
that he had not shown cause for
failing to raise the claim earlier un-
der McCleskey. 945 F2d, at 824. The
ineffective assistance claim was held
by the Court of Appeals to be a
successive claim because it was re-
jected on the merits in Sawyer’s first
petition, and petitioner failed to
show cause for not bringing all the
evidence in support of this claim
earlier. Id., at 823. Petitioner does
not contest these findings of the
Court of Appeals. Tr of Oral Arg 7.
Therefore we must determine if peti-
tioner has shown by clear and con-
vincing evidence that but for consti-
tutional error, no reasonable juror
would find him eligible for the death
penalty under Louisiana law.

[2d] Under Louisiana law, peti-
tioner is eligible for the death pen-
alty because he was convicted of
first-degree murder— that is, an in-
tentional killing while in the process
of committing an aggravated arson—
and because at the sentencing phase
the jury found two valid aggravating
circumstances: that the murder was
committed in the course of an aggra-
vated arson, and that the murder
was especially cruel, atrocious, and
heinous. The psychological evidence
petitioner alleges was kept from the
jury due to the ineffective assistance
of counsel does not relate to petition-

15. The Eleventh Circuit articulated the
following test:
“Thus, a petitioner may make a colorable
showing that he is actually innocent of the
death penalty by presenting evidence that an
alleged constitutional error implicates all of
the aggravating factors found to be present by
the sentencing body. That is, but for the
alleged constitutional error, the sentencing
body could not have found any aggravating

factors and thus the petitioner was ineligible
for the death penalty. In other words, the
petitioner must show that absent the alleged
constitutional error, the jury would have
lacked the discretion to impose the death
penalty; that is, that he is ineligible for the
death penalty.” Johnson v Singletary, 938
F2d 1166, 1183 (CA11 1991) (emphasis in
original).

285

U.S. SUPREME COURT REPORTS

addition, after a defendant is found
guilty in Louisiana of capital mur-
der, the jury must also find at the
sentencing phase beyond a reason-
able doubt at least one of a list of
statutory aggravating factors before
it may recommend that the death
penalty be imposed.®

But once eligibility for the death
penalty has been established to the
satisfaction of the jury, its delibera-
tions assume a different tenor. In a
series of cases beginning with Lock-
ett v Ohio, 438 US 586, 604, 57 L Ed
2d 973, 98 S Ct 2954 (1978), we have
held that the defendant must be
permitted to introduce a wide vari-
ety of mitigating evidence pertaining
to his character and background.
The emphasis shifts from narrowing
the class of eligible defendants by
objective factors to individualized
consideration of a particular defen-
dant. Consideration of aggravating
factors together with mitigating fac-
tors, in various combinations and
methods dependent upon state law,
results in the jury’s or judge’s ulti-
mate decision as to what penalty
shall be imposed.

[1b] Considering Louisiana law as
an example, then, there are three
possible ways in which “actual inno-
cence” might be defined. The stric-
test definition would be to limit any
showing to the elements of the crime
which the State has made a capital

120 L Ed 2d

offense. The showing would have. to
negate an essential element of that
offense. The Solicitor General, filing
as amicus curiae in support of re-
spondent, urges the Court to adopt
this standard. We reject this submis-
sion as too narrow, because it is
contrary to the statement in Smith
that the concept of “actual inno-
cence” could be applied to mean
“innocent” of the death penalty. 477
US, at 537, 91 L Ed 2d 434, 106 S Ct
2661. This statement suggested a
more expansive meaning to the term
of “actual innocence” in a capital
case than simply innocence of the
capital offense itself.

The most lenient of the three pos-
sibilities would be to allow the show-
ing of “actual innocence” to extend
not only to the elements of the
crime, but also to the existence of
aggravating factors, and to mitigat-
ing evidence which bore, not on the
defendant’s eligibility to receive the
death penalty, but only on the ulti-
mate discretionary decision between
the death penalty and life imprison-
ment. This, in effect is what peti-
tioner urges upon us. He contends
that actual innocence of the death
penalty exists where “there is a ‘fair
probability’ that the admission of
false evidence, or the preclusion of
true mitigating evidence, [caused by
a constitutional error] resulted in a
sentence of death.” Brief for Peti-

‘*(8) When the offender has a specific
intent to kill or to inflict great bodily
harm upon more than one person; or

‘*(4) When the offender has specific intent
to kill or inflict great bodily harm and
has offered, has been offered, has given,
or has received anything of value for the
killing.

‘Whoever commits the crime of first degree
murder shall be punished by death or life
imprisonment at hard labor without benefit of

282

parole, probation, or suspension of sentence in
accordance with the determination of the
jury.”

9. At the time of petitioner’s trial La Code
Crim Proc Ann, Art 905.3 (West 1984) pro-
vided: “A sentence of death shall not be im-
posed unless the jury finds beyond a reason-
able doubt that at least one statutory aggra-
vating circumstance exists and, after consider-
ation of any mitigating circumstances, recom-
mends that the sentence of death be im-
posed.”

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

tioner 18 (citation and footnote omit-
ted).!° Although petitioner describes
his standard as narrower than that
adopted by the Eighth and Ninth
Circuit Courts of Appeals," in real-
ity it is only more closely related to
the facts of his case in which he
alleges that constitutional error kept
true mitigating evidence from the
jury. The crucial consideration ac-
cording to petitioner, is whether due
to constitutional error the sentencer
was presented with “ ‘a factually in-
accurate sentencing profile’” of the
petitioner. Brief for Petitioner 15, n
21, quoting Johnson v Singletary,
938 F2d 1166, 1200 (CA11 1991) (en
banc) (Anderson, J. dissenting).

Insofar as petitioner’s standard
would include not merely the ele-
ments of the crime itself, but the
existence of aggravating circum-
stances, it broadens the extent of the
inquiry but not the type of inquiry.
Both the elements of the crime and
statutory aggravating circumstances
in Louisiana are used to narrow the
class of defendants eligible for the
death penalty. And proof or disproof

of aggravating circumstances, like
proof of the elements of the crime, is
confined by the statutory definitions
to a relatively obvious class of rele-
vant evidence. Sensible meaning is
given to the term “innocent of the
death penalty” by allowing a show-
ing in addition to innocence of the
capital crime itself a showing that
there was no aggravating circum-
stance or that some other condition
of eligibility had not been met.”

[ic, 5] But we reject petitioner’s
submission that the showing should
extend beyond these elements of the
capital sentence to the existence of
additional mitigating evidence. In
the first place, such an extension
would mean that “actual innocence”
amounts to little more than what is
already required to show “preju-
dice,” a necessary showing for ha-
beas relief for many constitutional
errors. See, e.g., United States v
Bagley, 473 US 667, 682, 87 L Ed 2d
481, 105 S Ct 3375 (1985); Strickland
v Washington, 466 US 668, 694, 80 L
Ed 2d 674, 104 S Ct 2052 (1984). If
federal habeas review of capital sen-

10. Petitioner’s standard derives from lan-
guage in Smith v Murray, supra. Petitioner
maintains that Smith holds that if one ean
show that the error precludes the develop-
ment of true mitigating evidence, actual inno-
cence has been shown. Brief for Petitioner 21.
By emphasizing that in Smith the fundamen-
tal miscarriage of justice exception had not
been met because, inter alia, the constitu-
tional error did not lead the jury to consider
any false evidence, we did not hold its con-
verse, that is that an error which leads to the
consideration of “false” mitigating evidence
amounts to a miscarriage of justice.

11. In Deutscher v Whitley, 946 F2d 1443
(CA9 1991), the Ninth Circuit phrased its test
as follows: “To establish a fundamental mis-
carriage of justice at sentencing, a defendant
must establish that constitutional error sub-
stantially undermined the accuracy of the
capital sentencing determination. This _re-
quires a showing that constitutional error

infected the sentencing process to such a
degree that it is more probable than not that,
but for constitutional error, the sentence of
death would not have been imposed.” Id., at
1446 (citations omitted).

The Eighth Circuit has adopted a similar
test: “‘In the penalty-phase context, this ex-
ception will be available if the federal consti-
tutional error alleged probably resulted in a
verdict of death against one whom the jury
would otherwise have sentenced to life
imprisonment.’” Stokes v Armontrout, 893
F2d 152, 156 (CA8 1989) (quoting Smith v
Armontrout, 888 F2d 530, 545 (CA8 1989)).

12. Louisiana narrows the class of those
eligible for the death penalty by limiting the
type of offense for which it may be imposed,
and by requiring a finding of at least one
aggravating circumstance. See supra, at
—— -——, 120 L Ed 2d, at 281-282. Statu-
tory provisions for restricting eligibility may,
of course, vary from state to state.

283

U.S. SUPREME COURT REPORTS

tences is to be at all rational, peti-
tioner must show something more in
order for a court to reach the merits
of his claims on a successive habeas
petition than he would have had to
show to obtain relief on his first
habeas petition."

[1d] But, more importantly, peti-
tioner’s standard would so broaden
the inquiry as to make it anything
but a “narrow” exception to the
principle of finality which we have
previously described it to be. A fed-
eral district judge confronted with a
claim of actual innocence may with
relative ease determine whether a
submission, for example, that a kill-
ing was not intentional, consists of
credible, noncumulative and admissi-
ble evidence negating the element of
intent. But it is a far more difficult
task to assess how jurors would have
reacted to additional showings of
mitigating factors, particularly con-
sidering the breadth of those factors
that a jury under our decisions must
be allowed to consider.'*

120 L Ed 2d

The Court of Appeals in this case
took the middle ground among these
three possibilities for defining ‘ac-
tual innocence” of the death pen-
alty, and adopted this test:

‘[W]le must require the petitioner
to show, based on the evidence
proffered plus all record evidence,
a fair probability that a rational
trier of fact would have enter-
tained a reasonable doubt as to
the existence of those facts which
are prerequisites under state or
federal law for the imposition of
the death penalty.” 945 F2d, at
820 (footnotes omitted).

The Court of Appeals standard
therefore hones in on the objective
factors or conditions which must be
shown to exist before a defendant is
eligible to have the death penalty
imposed. The Eleventh Circuit Court
of Appeals has adopted a similar
“eligibility” test for determining ac-
tual innocence. Johnson v Single-
tary, 938 F2d 1166 (CA11 1991), peti-

13. If a showing of actual innocence were
reduced to actual prejudice, it would allow
the evasion of the cause and prejudice stan-
dard which we have held also acts as an
“exception” to a defaulted, abusive or succes-

‘ sive claim. In practical terms a petitioner

would no longer have to show cause, contrary
to our prior cases. McCleskey v Zant, 499 US
—, —, 113 L Ed 2d 517, 111 S Ct 1454
(1991); Carrier, 477 US, at 493, 91 L Ed 2d
397, 106 S Ct 2639.

. 14. [1e] The “clearly erroneous” standard
suggested by Justice Stevens’ opinion concur-
ring in the judgment suffers from this weak-
ness and others as well. The term “clearly
erroneous” derives from Federal Rule of Civil
Procedure 52(a), which provides that “findings
of fact [in actions tried without a jury] shall
not be set aside unless clearly erroneous.”
Justice Stevens wrenches the term out of this
context—where it applies to written factual
findings made by a trial judge—and would
apply it to the imposition of the death sen-

284

tence by a jury or judge. Not only is the latter
determination different both quantitatively
and qualitatively from a finding of fact in‘a
bench trial, but Justice Stevens would not
even bring with the term its established
meaning in reviewing factfindings in bench
trials. We held in United States v United
States Gypsum Co., 333 US 364, 395, 92 L Ed
746, 68 S Ct 525 (1948), and reaffirmed in
Anderson v Bessemer City, 470 US 564, 573,
84 L Ed 2d 518, 105 S Ct 1504 (1985), that
‘*fa] finding is “clearly erroneous” when al-
though there is evidence to support it, the
reviewing court on the entire evidence is left
with the definite and firm conviction that a
mistake has been committed.” But Justice
Stevens would apparently equate it with the
standard traditionally used for review of jury
verdicts—that no reasonable sentencer could
have imposed the death penalty. Post, at ——,
120 L Ed 2d, at 300-301. Cf. Jackson v Virginia,
443 US 307, 316-318, 61 L Ed 2d 560, 99 S Ct
2781 (1979).

ns

Pewsenowa kh

-

“s

|

they were going to clean up on me.
But I cleaned up on them instead. One
hangs around the Absinthe House a
lot. He used to tend bar there. Name’s
Scanlan. You might find him there
now. I don’t know the other fellow
by name, but if you find Scanlan the

_ other one won’t be far away.”’

McClosky was right. When the
officers walked in they found two men
sitting at one of the tables sipping
absinthé. The younger man said he was
James Scanlan and introduced his
companion as Nicholas Kraemer. Both

admitted having played poker with

McClosky and losing nearly a thous-
and dollars between them, but denied
they had traveled with a woman.

‘*There was no woman with us,’’
Scanlan said. ‘‘We were alone all the
way. Why, we didn’t even talk with a
woman on the whole trip. We were too
busy trying to get our money back

. from McClosky. Something ought to

be done about that fellow. He’s
crooked as a snake.’’ :

Both men shook their heads when
asked if they knew Benet.

“Is he a gambler?’’ Scanlan asked.

Deciding that he had been on a cold
trail, Downs returned to the police
station with the two officers.

New Orleans at the time was full of
disorderly houses and it was believed
by the local officers that the woman
who had married Benet had been
connected with such a place, but since
she had come from St. Louis, Downs
did not take much stock in this
suggestion. He felt that she had likely
been connected with some criminal
who traveled the Mississippi and who,
upon discovering that Mrs. Burch was
en route to New orleans to marry
‘Benet, realized that the latter was a
rich man and planned to victimize him

_ by substituting a younger and clever

woman. This was only a guess, of
course, but it seemed the only logical
conclusion.

When the City of New Orleans came
back to her home port, Downs once
more questioned the crew and tried in
vain to locate some of the passengers
who had been on that ill-fated trip.
He did succeed in locating a half-dozen
but learned nothing from them.

A week later he returned to St. Louis
and began at that end, hoping to find
there some trace of the woman who
had become Mrs. Benet, but his efforts
were interrupted by a letter to the
agency from Benet, who asked that
Downs come to see him at once.

Hurrying to New Orleans the

detective discovered that Benet had
received a threatening letter. It read:
Dear Mr. Benet: This is to inform
you that we want $50,000 in large bills
left at the foot of General Jackson’s
monument in the Square at midnight
of April 8th. Place the money in a box
and hide it under the shrubbery. We

will be watching you, so do as we say

or you will live only 24 hours.
The Black Hand

**T expected you before this,’’ Benet
said. ‘‘Last night was the date I was
supposed to take the money to Jackson
Square. According to that, I haven’t
many hours to live.”’

**Did you inform the police?’’
Downs asked.

**No,’’ Benet said. “J didn’t. They

’ didn’t do anything for me when that

woman ran off with my money, so, I
didn’t think they’d do anything for me
now.”” ;

‘*Well, I wouldn’t worry too
much,”’ the detective advised his client.
‘The Black Hand didn’t write this
letter. That’s only to throw us off the
track. I’m sorry I wasn’t here last night
but I couldn’t get here any sooner.”’

He had hardly finished speaking
when there was a sound at the window.
Both men turned as a shotgun blast
shattered the glass. Downs was struck
in the the chest and knocked back-
ward. A second charge blasted Benet
from his chair. He fell to the Hoor
bleeding profusely.

Downs drew his gun but could see
no one to fire at. He limped to the
door and instructed some boys who
had been attracted by the shots to call
the police.

The St. Louis detective was found
to have been struck with a charge of
birdshot, which had inflicted only a
superficial wound, but Benet was badly
hurt. Three buckshots had lodged in
his shoulder and two others in his
abdomen.

Police searched the neighborhood
but could find no one who seemed
likely to have done the shooting.

New Orleans at that time was the
winter headquarters of many notorious
criminals, among them being several
well-organized gangs of burglars,
pickpockets and sneak thieves. Because
of an alliance with certain police
officials, some of the crooks lived
openly at the best hotels Raieont
interference.

The Mafia, an Sc canieation of
Italian gunmen, had dominated the
labor groups and committed many

murders, but had finally been stamped |

out by an organization of prominent

citizens, following the murder by

‘Mafia members of Chief of Police

Hennessey. Eleven Mafia leaders

arrested as suspects in the Hennessey -

slaying had been shot to death in the
parish prison by the mob.

After that the Black Hand Society
had sprung up to take the place of the
Mafia, but it lacked intelligent
leadership and for the most part was
a source of annoyance rather than a
danger.

It was possible, the police believed,
that some members of the Black Hand
were involved in the shooting. This

belief was strengthened by the fact.

that a shotgun had been used. The
shotgun had been a favorite weapon
with the Mafia.

However, three weeks passed
without an arrest. No suspects were
found.

Downs recovered from his wounds pe

within a week and went back to St.
Louis. Benet was in the hospital the
better part of a month but finally
emerged weak and emaciated. He
decided to go away for a while to
recuperate, and there was no doubt
he had fear in his mind that if he
remained in New Orleans he would be
killed.

He went to Pensacola, Florida, in
June of that year and there met Mrs.
Gertrude Kuneman, a wealthy widow
of fifty-five, and they were married a
month later. This time Benet had no
fear that the woman he married was
after his money, for she was wealthy

in her own right. He was completeley
happy and his harrowing experience —
in New Orleans seemed in the distant.

past.

to make any headway with the case
and Benet had told the St. Louis
detective agency to forget the whole
thing.

The New Orleans police had kept
an eye on Scanlan and Kraemer, the
original suspects in the Burch murder,
but their actions had not aroused
further suspicion.

The as yet unidentified woman Be-
net had married seemed to have
disappeared from the face of the earth.
There wasn’t a trace of her to be found
anywhere.

Before leaving New Orleans for
Pensacola, Benet had had the marriage
annuled on grounds of fraud and the
presiding judge had said after ordering
the annulment, ‘‘This woman should
be arrested and sent to prison. Any

(continued on next page)

Downs meanwhile had been saabie :

53

Mystery Of The Starving Canary |

bee: (continued trom Page 51)

load of passengers, some going
through to New Orleans and others
getting off at way points. And to
complicate matters further, others had
got on, so that the picture was
constantly changing. The purser. said
he remembered the two men who had
played cards with McClosky because
‘they had complained to him that the
gambler had cheated them.

Downs had better luck with one
deckhand who recalled the trip down
on St. Patrick’s Day.

“You didn’t see anybody jump off
the boat, did you?’’ the detective
inquired. ‘‘There’s a woman missing
and we’re trying to find out what
happened to her.”’

“Well, sir, I did see something that
scared the living daylights out of me.
I was standing on the aft deck about
midnight when something went ker-
wash right past my head. It landed in
the water. I thought for sure some-
body fell overboard. I yelled to the
Captain quick. But he yelled back
never mind, it was only a sack of rot-
ten potatoes he threw over.”’

Downs was soon talking with the
Captain, who failed to recall the
incident. ‘‘I think that deckhand’s full
of corn mash,’’ he said. “Wait, I’ll
get him up here.’’ :

The man was brought to the Cap-
tain’s office and repeated his story.

“*You’re lying,’’ the Captain said.
“I didn’t throw off potatoes. and |
didn’t hear you call to me.’

“It’s the truth, Cap’n. I swear it.’?

. The Captain looked at Downs. “I
know these boys pretty well,’’ he said.
‘*This man’s telling the truth all right.
He yelled up to someone and got an
answer, but it didn’t come from me.
If that answer came from any member
of, my crew I’Il find it out in fifteen
minutes. You stay right here, both of
you.”’

One by one all the members of the
crew who could have been on deck that
night were brought before the skipper,
and in their turn categorically denied
any knowledge of the incident.

“*T get it,’? Downs said at last.
“Someone tossed a body off the boat
and when this fellow yelled that a man
was overboard, whoever it was that

tossed the body off told him to never

mind, that it was only a sack of rotten
potatoes.’’ “4
““Come to think about it,’’ the

52 >

a

Captain retorted. ‘‘I did hear some
voices around midnight that first night
out, but I was too sleepy to pay any
attention to them. I passed it off as
talk between crew members on duty.
Anything serious would have brought

a man to my cabin on the run, so I »

went back to sleep.”

The deckhand who claimed to have
seen the object plunge into the water
said the voice that answered him was
gruff and coarse.

“‘Did it sound like my voice?’ the
Captain asked.

“Well, yes and no, Cap’n. I thought
it was you, but come to think ‘bout
it, you-all say ‘boy’ when you yell at
us deckhands. Nobody say ‘boy’ that
night.’’ Pb,

Around midnight the little steamer
had been approaching Cape Girar-
deau, which it was again due to reach
in an hour, so Downs got off at that
point, instructing Benet to continue on
to New Orleans and await his arrival.

The Mississippi widens out at Cape
Girardeau, and Downs felt certain that
if the body of Mrs. Burch had been
tossed from the boat above there it
would be found floating in the sluggish
waters of the back eddies around the
Cape. phot red

He was correct, for the next morning
he learned from the constable at Cape
Girardeau that the body of a woman-
had been found the day before on the
Illinois shore, where the river Widens
out just before its plunge through the
narrows. The body was as yet uniden-
tified.
As quickly as possible Downs made
his way by boat to the Illinois side and
questioned Joe and Frank Munger who
had discovered the floating corpse
while pulling logs from the swollen
stream. The body had been taken to
Jonesboro in Union County.

Ascertaining that the dead woman
had been about forty years old, the
detective went to Jonesboro where the
body was tentatively identified from
the photograph he carried as that of
Mrs. Burch. Investigation disclosed
that she had been strangled to death.
There were several marks on the throat
but no water in the lungs, indicating
that she had been dead before entering
the river.

Mrs. Finch caught the next down-
river steamer and took charge of the
body after positively identifying it.

There was nothing more Downs
could do there, so he went back to
Cape Girardeau and caught the next
boat for New Orleans, hoping to reach
his destination before the City of New
Orleans left port. But unfortunately
the City of Baton Rouge, on which he
was a passenger, passed the other boat -
on its up-river trip only a few hours
out of New Orleans. He would now
have to wait a week before he could
again question the crew. PS:

But there was work to be done in
New Orleans. ged se

When he arrived he found Benet
moving back to his old quarters. The
old gentleman, who had aged:ten years
in as many days, said he would dispose
of the house and furniture as soon as
possible and that he wanted to forget
the whole thing. ‘‘I haven’t many years
to live,”” he told Downs, ‘‘and I want
to enjoy what time I have left on
earth.’ BN pet

“Don’t let all this get you down,”’
Downs advised. ‘“You’ll meet another
woman some day and marry her.”

Benet shook his head. **No,’’ he
Said, ‘‘that ends it. I would be
Suspicious of any other woman,
fearing that she wanted only my
money, and I wouldn’t be happy.”?

Up to the time his yet unidentified
wife had walked out on him, taking
everything she could get her hands on,
Benet had walked Straight and there

was a twinkle in his eye. ‘Now he -_

looked bent, crotchety and suspicious
of every woman who came near him.
But he urged Downs to hunt down the

Slayer or slayers of Mrs. Burch, saying ©

he would stand the expense, no matter
what it cost. ‘‘I don’t expect to get my
money back,’’ he told the detective.
“All I want is to see that woman in
prison where she belongs.”’
Downs had little difficulty picking
up the trail of the gambler, McClosky,
who was known at every chip joint in
the city. He had been around town the
night before, and was traced to No.
18 Royal Street where he had played
poker until the early hours of the
morning. He was finally found at the’
Cosmopolitan Hotel; setts
_ Accompanied by two city detectives,

- Down got down to business at once.

Refreshing McClosky’s mind about the
down-river trip of the City of New
Orleans on St. Patrick’s Day, he asked
the gambler if he knew the identity of ©
the two men he had played cards with
the first night out. ; yee

“Why, sure,” he said, *“‘they’re a

couple of cheap sports who thought

(continued on next page)

UE ale es cn aia


$

woman who would resort to so mean

a trick to gain a few thousand dollars

is as dangerous as the gunman who
waylays a pedestrian. Her kind should
be exterminated.’’

Although Benet had called him off
the case, Detective Downs felt that he
still had a personal interest in it. The
shotgun charge through the window
had been something that he would not
soon forget.

About a year after Benet’s second
marriage, the detective made another
trip down the river, this time in search
of a man who had victimized a concern
in St. Louis. He had heard that the
culprit had at one time lived in New
Orleans. .

He failed to find any trace of his
man, but while in New Orleans he took
it upon himself to inquire after
Kraemer and Scanlan, the two original
suspects. He moved cautiously, there
being too much corruption in the
police department to allow him to
place his faith in anyone connected
with it, although he had met some
excellent and able officers.

He found Kraemer in a poker game

at a gambling house on Royal Street
and watched for some time. On his
finger a large diamond gleamed, while
a mate of it twinkled from a prominent
place in his cravat.
‘ While Downs watched, one of the
men with whom Kraemer was playing
shoved in his remaining chips and lost.
He pushed his chair back and stalked
out.
~ Downs followed him and later
engaged him. in conversation after
buying him a drink.

“*This fellow Kraemer who won your
money is quite a shark at cards,’’ the
detective commented. ‘‘He seems to
be doing all right for himself.’’

The gambler shrugged his shoulders.
“*Just a streak of luck,’’ he retorted.
“‘He’s a consistent loser. He’s lost five
thousand in the past four or five days.
I shouldn’t have tried to bluff him with

my three jacks. I knew he had a small

full house, but I thought he might
think I had a better hand. Lucky,
that’s all.’’

Further conversation brought out
that Kraemer had been losing heavily
some time.

““Where’d he get all his money?”’
Downs asked.

Again the man’s answer was a shrug.

54

_ Mystery Of The Starving Canary

: (continued from page 53)

~The detective hung around the club
for a couple of days and confirmed
the fact to his own satisfaction that

Kraemer had been a consistent loser. :
‘He had never won any money that

anyone would recall, yet he disap-
peared from time to time and always
managed to turn up sooner or later
with plenty of cash. ‘aeae
Inquiries about Scanlan revealed

that the two old friends had come to:

the parting of two ways. Scanlan was
doing fairly well for himself running
a bordello on North Basin Street. His
partner was a woman named Emma
Johnson and the two were said to be
rolling in wealth. But the money with
which Kraemer replenished his con-
stant losses had not come from this
source, apparently, for Kraemer and
Scanlan were no longer on speaking
terms, Downs learned.
Curious as to how Kraemer ma-
naged to stage a comeback after each
disastrous card session, Downs did
some further investigation. He thought
he might be interested in the answer.
Only the previous month, he

learned, the man had returned from *

St. Louis, following one of his long
absences from town, with plenty of
money to continue his gambling
operations.

Returning to St. Louis on the next
boat, Downs went to Police Head-
quarters, where he checked the daily
reports for the previous three or four
months. He learned that a man from
Kansas City had been victimized out
of a large sum of money by a woman
who had promised to marry him. On
the day the marriage ceremony was to
have taken place, the woman had
asked him to have a drink with her. A
little later the prospective groom had
passed out, a victim of knockout
drops, and when he awoke, he report-
ed to the police, the woman and his
bankroll had disappeared. No trace of
her had been found.

The report, Downs noted, was six
weeks old. That would be about the
time Kraemer had left St. Louis for
New Orleans. m

There was a description of the
woman, known to the victim as Emma

Waters, and Down’s pulse quickened

as he noted that she was about twenty-
seven years old and a blonde. Her

description fitted that of the woman

Benet had married!

The detective caught the next boat
for New Orleans, arriving four days.

later. He was disappointed to find that

Kraemer had vanished once more, —

following a disastrous poker session

with no other than his old Mississippi ’

River rival at cards, Joe McClosky.
McClosky laughed heartily when
Downs asked him about the game with
Kraemer. ‘‘I sure cleaned up on him,”’
the gambler chuckled: ‘‘I wouldn’t

trim any of my worst enemies like I
nipped that skunk. He had it coming.”

Downs detected in the gambler’s
voice a note of derision born of the
utter contempt he held for his victim.

‘Why did he have it coming?”

““Well, when I lose at poker I don’t
fall back on a woman for another
stake. I go out and get mine the way I
lost it.” Mia iat

Downs endeavored to worm more
information out of McClosky, but the
man apparently adhered to the
gamblers’ code of silence and would
go no further. ‘‘I’ve said enough,”’ he
concluded. ‘‘I don’t like that skunk a
bit, but you can find out plenty about
him without it coming from me.”

The detective learned that Kraemer
lived near the corner of Bourbon and
St. Louis Streets, and when he went
to inquire for the man the landlady
informed him that Mr. and Mrs.
Kraemer were away for a few days.

“I’m not certain this is the man I
want to see,’’ Downs said. ‘‘The man
I’m looking for has a rather attractive
wife. She’s a blonde and about twenty-
seven years old.’’ ree

“Well, I guess you’ve come to the. ©

right place,’’ the landlady said with a
smile. ‘‘That’s Mrs. Kraemer, all
right.’’
**You couldn’t tell me when they’ll
be back, could you?”
“No, I couldn’t. They’ve gone to
Pensacola for a few days.”’ ite
Downs left the place walking on air.

‘He recalled that Benet was now living

in Pensacola and would be handy to
make an identification. Once that had
been accomplished, and Mrs. Kraemer
turned out to be the woman Benet had
married, the state of Illinois, in which
the body had been found, would have’
a pretty fair case against the Kraemers.
It could be circumstantial, of course,
but most convincing. NOG

Downs arrived in Pensacola on a
Saturday afternoon and went at once
to see Benet, who was indeed a
changed man. The last time the
detective had seen him he had looked
crotchety and aged, but now he

(continued on next page)

hein Ve age Eee =

Bigs.
apenee

fb dictedindt sgsiks:

ot


i
q

appeared to be in the best of health
and seemed as spry as a man of fifty.
But the carefree, happy expression

in his face changed abruptly when.

Downs informed that he believed the
woman who had victimized him was
at that moment somewhere i in Pensa-
cola.

‘‘Here?’’ Benet exclaimed. ‘‘Why
should she be here, of all places?’’
_ The detective advised him of the
rapid developments and asked him to
make himself available for an imme-
diate call, in the event she was located.

Accompanied by the local constable.
Downs visited the one hotel the town
then afforded and learned that a
woman answering Mrs. Kramer’s
description was staying there. And she
was registered as Miss Emma Waters,
the same name used by the woman
who had victimized the Kansas City
merchant in St. Louis!

But there was no man stopping there
however, who answered Kraemer’s

description. |

‘“‘That means he’s staying some-
where near by,’’ Downs told the
constable. ‘‘They’ve got something up
their sleeves, you can bet on that.
She’s here to trim some man and he’s

. here as an accomplice, or perhaps to

see that she turns the money over to
him.’
The local officer went his way, to

- avoid arousing suspicion, but Downs

registered under an assumed name and
sat around the place as if he were a
guest.

Shortly before dusk a blonde woman
somewhere in her late twenties entered,
accompanied by a man several years

her senior. After they had gone

upstairs the manager caught the
detective’s eye and nodded.

Downs was certain he was now ona
hot trail, but he wanted to be sure the
woman was Mrs. Kraemer before he
made any further moves.

He had met Kraemer, of course, but
doubted that the man would recognize

-him now: So he remained where he

was, pretending to read a newspaper.
About an hour later he happened

to glance toward the street and saw a

man standing on the opposite corner,
watching the hotel. After a time the
fellow moved on slowly, as if killing
time.

Downs put aside his paper and took
a stroll along the opposite side of the
street. Just as he suspected, the loiterer
had crossed the street and was walking
back toward the hotel. They passed
elbow to elbow and their eyes met for
a moment. The detective walked on,

“Why, hello, Krae-

then suddenly.
mer,’’ he said.
The man turned, stared at him. © «i:

Downs started back.
recognize you at first. I was hardly
expecting to run into you down here.

You’re quite a way from home, aren’t

you?”’

**Oh, sure you do,’’ Downs said
with a show of friendliness. ‘‘I’ve
played poker with you several times.
Your name’s Kraemer, isn’t it?’’

**Yes, that’s right.’’

‘*‘T thought it was. I saw your wife
at the hotel just now.”’

Kraemer’s face paled. ‘‘You’re
mistaken there. My wife isn’t with
me.’’

Suddenly Downs whipped out his
revolver. ‘‘Don’t move,’” he said.
**You’re under arrest.”’

Taken to the local lockup, Kraemer
refused to talk, except to deny that his
wife was in Pensacola.

**We’ll see about that,’” Downs said.
He went at once to Benet’s home and
brought both Mr. and Mrs. Benet back
to the hotel, stopping enroute to pick
up the local constable.

The hotel manager summoned Miss
Waters from her room.

As she came down the stairs she saw
Benet and stopped short. She turned,
but Downs leaped up the stairs and
seized her.

‘Is this the woman?’’ Downs asked
as he brought her face to face with
Benet.

‘*‘That’s the one,’’ Beni said.
‘‘That’s the one I married for Mrs.
Burch.”’

The woman denied she had ever seen
Benet before, or that she had ever been
in New Orleans.

Asked if her name wasn’t Kraemer,
she said, ‘‘My name is not Kraemer. I
don’t know whom you’re talking
about. I’m Miss Emma Waters and I
am going to marry a man from
Pittsburgh. He is upstairs at this
moment and will verify everything |
say.”’

Benet walked over close to her.
**You can’t fool me,’’ he said, ‘‘and
there’s no use to try. You might as well
own up to the whole thing and get it
over with.’’

Meanwhile the man from Pitts-
burgh, having overheard the rumpus,
made inquiry of the hotel manager
and when told that his lady friend
had been arrested, he hastened after
the party, demanding to know what it
was all about.’’

‘‘I am an officer of the law,” the .

constable informed him, ‘‘and this

**T didn’t:

woman is under arrest for fraud.”? ~ |

**You ought to feel lucky,’’ Downs
said, ‘‘that we got our hands on her
before she trimmed you.”’

‘“What!’’ the Pittsburgher gasped.

‘What kind of fraud?’’

‘*Fleecing a man she promised to
marry out of a fortune,’’ Downs
informed him, is

~“*Oh my stars!’’ the man gasped.
‘*She’s already done it!”’
_ The woman turned on him like a
panther. ‘‘You cheap tinhorn, you!’’
she screamed. ‘‘I wouldn’t marry you
now if you were the last man on
earth.’’

Since there was no room for her at
the city lockup, where she was
searched, after the man from Pitts-
burgh confessed that he had turned
over to her $20,000 that very evening
which she had promised to keep for
him until after they were married. The
marriage had been scheduled for the
following day. The money was found
intact, stuffed in her corset.

**T met her in New Orleans,’’ the
Pittsburgher confessed, ‘‘and fell in
love with her. She wrote to me and
induced me to come here and marry
her. She asked me to bring $20,000

‘along to show that I had as much

money as I said I had, and I was fool
enough to turn the money all over to
her.’’

Questioned further, the woman
denied she had ever been on the
Mississippi. When told that her
husband was then under arrest, she
showed no signs of emotion. ‘‘I
haven’t any husband,’’ she snapped,
‘*so how could he be under arrest?’’

The constable was sent to get
Kraemer, so that the two could be
brought face to face.

Ten minutes later the constable
returned on the run. ‘‘He’s gone!’’ he
wheezed. ‘‘He’s broken out of our
jail!’ .

It was true, Downs found. The lock
on the jail had been picked and
Kraemer had walked out.

An all-night search for the man
proved fruitless. It soon became
obvious that he had fled from Pen-
sacola.

Taken back to New Orleans, the
woman was identified by a number of
Benet’s friends, who had met her while
she was posing as Mrs. Benet. There
was no doubt now about her identity.
She also was quickly identified as Mrs.

’ Kraemer.

(continued on next page)

55


scoTT, Henry,
black, elec.,
Ville Platte,
Louisiana,

July 11, 1947

GAZETTE,
Ville Platte,
Likes

~

July es LOAT touch another drop of whiskey.

Pa ge one,

ty am

SAR oe
0* yg “be, Pi
ore mm ¢ oh bn

_ Th

‘ * “

' treated while j

their undoipg. Ye ee
“" Interviewed in the parish * jail
this week, they‘ both declared
‘that if by some miracle they were

free again -they’ would never

or enter a saloon as long as they

“is single, about 20 years old.-
~~ Scott, on .the’ other ‘hand, is»

just the opposite type. He is a:
large ‘muscular man, _able’ .and

* willing to -discuss ‘his plight. Ask-

ed if he had had justice, he re-
‘plied that he ‘couldn’t understand

lived. Unhappily -for them this -why the woman had not been-

resolution is being taken at ‘a
late hour. ©. aa ~ oe

First in the chair will be Hil-
lery Ledet, who has been in jail
nearly two years, When talking
to the Gazette’s reporter he ‘seem-

ed depressed and uncooperative. |

Repeatedly asked if he had any-

weplied - no, ae *
“A series of questions drew the
following information from him:
he doesn’t know whether he got
justice or not. He -thinks... he
should have been gent to the pen-

itentiary ~ instead. {He does not
believe in capital punishment: Le--

det declared “he “had'> been; well

in “jail ‘and at no

| time. abused. =.»

The negro was recently declar-

| ed sane by a lunacy. commission
appointed to’ determine his sani-
_ty. He was asked about that and

said he didn’t remember anything
that was said to him while at
Pineville except that’ the food
wasn’t very good... _ .
- He is not. a large _man, very
light in color. The. last ,few days.

~

punished also, since she was the
cause of the trouble (an argu-
ment over the woman brought on

the trouble which eventually led |

to the death
man). ‘

of the white police-
* ‘ ‘ : ae m4 ii aa
He said he’d like a new trial,

ne

|
|

‘
'

Le ha _and..that’ he™.could, make out a>
hing to~say ow. any subject, he“hettey “cade for himself’ because.
AOE ye ms =

to Scott he was afraid through-.
out the trial, though le wasn’t
able to say just of what.

he said-he’. was afraid *-to die.

that he is ready to go and anxious

_to get it over with. He found

At the ;time of the interview.

~ a, .he wouldn’t be afraid. According .

‘

Since then he has told the jailors.

consolation .in the prayers and :

words of. the clergy who visited

him, and is reconciled to ‘his

death. . “tA tie ‘.. Se atl
His appetite is still ,excellent
and his spirits cheerful. ©

— Scott “is about 25 years ‘old,
married. He will be survived by his
wife and a small child. He dis-
cussed his burial arrangements;
‘he will be turned over to a fun-.

he has scarcely eaten anything, eral home of Bunkie. Ledet will
WurCely _spuxen, seemed sunk in™ be. buried by the Jones funeral
the pits of despair, nervous and home here~ ° = i wpas ghee ae
nauseated. He has been visited In discussing the situation -an.

by. the Catholic priest ‘here and
‘also by ministers of his own race.
and. faith. He was unwilling. to
cooperate in prayer or discussions
that might lead to solace for his

ag .
s

soul, Abgte ae

Nl “Ne oe ie
to the direct -ques-

‘In. answer

‘tion .of whether he was afraid,

old negro preacher who visited ,

both men had the following to

say: “We all have to go some”

day; some go one way, others
another way. They’re going this
way. It don’t make much differ-’
ence in the long run. We all got

to go.” . ae

~ ers
tie ge us ‘


7

ey ae ot PE a ioe a

NEGROES | DIE TOMORROW. IN.

at oa eye uit

ELECTRIC CHAIR; HOPE "ENDS _ :

mato HE

"FOR BOTH-SCOTT ‘AND ‘LEDET.

mr yon With” ‘Chair | Shar Grim” "Business; :
: Se Negroes To Pay With’ Lives Between Noon And~

: ae 33 co P. ™M. ‘Friday,, July’ 31, For. Murders Com. «
ae ed “mtd 2 Nearly Two ‘Years ‘Apart 2 P .

‘, 3!

ae ay the. ‘time most oF you read. these fines. the
ess beings concerning whom” they. are. written | will,
have _ from out this bourne. ‘of time. ‘and space. ;
*< Tomorrow, the, 11th of July, tho
will die between the hours of tavalys fio Boas sone
So will Henry’ Scott and Hillery. Ledet, two negroes con--
victed of murder in Evangeline parish. The difference is
that they know ‘the time, place and ‘manner. -Most of us
are spared the knowledge of that awesome intelligence.:
; a: ie One’ at: a time they will ‘be brought from: their
ea cells j in ‘the parish jail ‘to the small" ‘lobby. down-
stairs.They- will be seated ‘in the rough wooden chair, ?
electrodes strapped to the calves of their legs. and. a metal.
cap. affixed to. their shaved: heads. ‘Permission © will - be =

; granted, to make ~ an _ final statements. they.
y. mi ht have |
_in mind, ‘The black Hood will be’ drawn ‘over ‘their: faces. '

“Silence ” “will: “bee: 80. soingiala S %
the room ‘will ‘seem » ‘empty ~ ‘in-”
- stead “of filled with witnesses to.
the execution. | _Suddenly there * :
will“be a“ “humming” Sound; 2,000"
Volts: of: ‘electritity.. .° will ‘trans-! nt
form: ‘the. living. flesh to: the clay ~
from‘ whence ‘it : came. Under the:'-
impact ‘Of * ‘the ; ‘dreadful. charge: .:
their: difeless*- ‘bodies - “will. strain ¢
against the straps thet hold them” ©
to the chair. ats ig

There “will ‘bez “nd. senmalion ‘of.
pain, and death: will, ‘be swift ‘ind
merciful, Yet ‘though | ‘they. will:
never. know * ‘when’: death: comes .
to' them, both have ' died a ‘thou:
sand times behind ‘the’ iron bars’::
of their cells. ‘The. torture has”.
come™ to’ its end,“and. _they .are.””
free | at: last.’ gers eit aa erie

rely. different ccrimes. gage

. After“a” time ithe, parish © ‘Corsi
oner will listen for any, signs of >:

life; he won’t find-any, and. they.%
will be > “ officially.," ‘pronounced :; ig

| dead, The . bodies swill “be - given

to the families of. “the dead, and * $

will mark ‘a@ll~ that. ‘remain ate <
Hillery Ledet “and: ‘Henry ‘Scott.:
‘Seeing, =the ig Avgently,, at rolling ~
“mounds : bomé né*day.; ;in “a -Jonely;
“graveyard, it will be: difficult 2to04-
believe: that the:‘moldéring bones,
beneath them. onc. “figured ° in’
such © spectacular | and violent’
events. It~ will”.seem , incredible.

| that thousands - of : sdollars . were *

spent in bringing , about their's §
deaths; that“the..ponderous mach-: “3
inery- of daw “ground out. their: “,
grim destiny i in a courtroom pacmi
ked with hundreds of people who’:
hoped that . they” would die. meri
-But in this wise society. aveng-:

‘es those who’lose their lives at <.

‘the hands of. others. Sad and:
cruel though the method seems, ’
it is the best that has been devis-*.
ed to cope with those who ‘commit’.
the crime of murder. Until such |
time as the lion and lamb’ dies.
down ‘together, these whines paul 7
be. - o

Today the ‘state’s éxedutiondes”=
arrived with his chair. It is. set:
up in the lobby. of the jail await=*
ing to perform its mission. One®
man, Willie Francis, a negro <of,;
St. Francisville, fas Jived to walk =
out of its embrace. ‘He. died. the .,
second time.. If. ythey- -know - ‘of =

| Francis’ amazing .. “escape . . from’

death, Scott.‘and -, / Ledet *” have .:
little "hape of: a- recurrence: “Fors,
them time“is ‘not: ” -reckoned® by x %
years, nor months, nor .days,. but=*
in hours, minutes and seconds.{ ‘x 7
' Ledet . is being”. executed ‘Tons
the murder. of: ‘Artheon _ Fontenot,.
a 55 year old negro, the night pt ® i
August 19, 1945...He - clubbed ¥:
him to death’ with’ a’ piece tof { sf
plank over «an. argument | about:
a half pint of whiskey. 9% 2
“Scott will ‘die for’ killing Ane a
change Lafleur, a white .peace ’5
officer, ‘who. attempted to stop > on
a quarrel outside a negro saloon. }s 3
When the officer drew near. toed
him, Henry- “Scott .. shot .. him:
through. the “head. -This’ ~was, thes,
night of February 27,°194 7.0.5 Ee
Both ‘will idie “the same * day, 5
marking what. is "believed to: best
the first time ‘in Louisiana his re
tory that two men. have been exe%.¢
cuted at .the {same. time - oryen==J

ay
i


Mystery Of The Starving Canary

(continued from page 55) ie

But she refused to talk. Her only
reply to questions was, ‘‘You try and
find out.’’

*‘She’s downright tough,’? Downs
told Benet, ‘‘and she’ll never admit
anything until we can pin the goods
on her.’? |: ‘k

“I’ve got an idea,’’ Benet said. ‘I
think if you let me talk with her alone
I can shame her into making a clean
breast of the whole thing.’’

When told that Benet wished to talk
with her in private, Mrs. Kraemer
screamed. ‘‘Why, that old goat! I
wouldn’t talk with him if he were the
last man on earth.”’

‘Scanlan was taken into custody, but

CHANGE LUCK INSTANTLY

Get rich, attract love, gain power. Send for new
Good Luck Card. Issued in your name. Sealed in
plastic. Guaranteed. Never fails. Send $5.00
with name and birthdate.

PSYCHIC AUTHORITY, Dept. GL22
Box 10460eJacksonville, FL 32247

denied he had had anything to do with -

the murder of Mrs. Burch. He claimed
that he had played cards during the
entire trip down the Mississippi and
that he had not known of any plot to
substitute Mrs. Kraemer for Mrs:
Burch. Scanlan was released.

‘The releasing of Scanlan weakened
Downs’ case against the Kraemers, but
he put forth every effort to locate the
missing man and was assisted to a great
extent by several New Orleans police
officers who were not in accord with
the loose policy of the higher-ups in
giving the criminals all the breaks.

And here is another fact worth
noting. At this time New Orleans was
in the hands of one of the most
crooked set of policitians ever to seize
control of any city government. There
were many honest policemen on the
force, but their hands were tied.

This state of affairs was later to be
stamped out by the honest citizens of
New Orleans, but at the time of the
Burch murder corruption was rampant

throughout the whole city government.
Though he pressed a relentless

search for Kraemer, Downs was unabl

to get any line on him.

Mrs. Kraemer was taken to Illinois .

and tried for the murder of Mrs.
Burch, but the evidence was purely
circumstantial and the jury acquitted
her. She was not even placed on the
witness stand.

With his wife’s conviction eliminat-
ing his changes of being himself tried
for the same crime, Kraemer returned
boldly to New Orleans. But he found
that his wife’s attitude toward him had
changed. She had not overlooked his
running away and failing to aid her
during her trial, so she served notice
that she was through with him.

As a result, Kraemer shot her to
death in front of the Cabildo and then
shot himself. On his deathbed he
confessed that he alone had killed Mrs.
Burch and tossed her body into the
Mississippi. He involved his wife in the
crime by stating that she had met Mrs.

(continued on next page)

_. SLIM*INCHES: AWAY? IN&:
~ THE AMAZING:NEW=-

-Boby:TAPER:TRIM sHiRT:

Puts power in your sex ap-

_ Deal as it reshapes you to

3 more manly ‘‘tapered’’ pro-
portions!

“Susu ° SMOOTHES TORSO

» * BUILDS CHEST

4° STRAIGHTENS BACK
¢ SLIMS ABDOMEN

CINCHES WAIST

FLATTENS BULGES

Extra-light, extra-com-
fortable long line under-
shirt puts power net LYCRA
SPANDEX & NYLON to work
;. Ss Providing firm, smooth con-
—_— trol from chest to lower
abdomen. Smoothes out
bulges and trims you with
unprecedented built-in slim-
ming-power, Worn as an un-
dershirt, it works to keep you
in shape. Completely machine
washable. White only.

$1299

INSTANTLY-HOLDS _
STOMACH IN!

FROM
THIS...

BwWeeeeweeneeaenanaeeaanenaua es

R. S. SALES, SUITE 3814
1626 N. Wilcox, Hollywood, Calif. 90028

THIS...

My chest is_._____ inches. (Exhale & measure chest.)
SIZES: [) S$ (34-36), [] Med. (38-40), [ Lg. (42-44),
XL (46-48), [) 2XL 50-52. Add $1.50 for postage
handling, 6% Sales Tax. For COD send $4.00 de-
posit. Allow 2 to 6 weeks for delivery. Worn, soiled

or damaged items are nonreturnable.

Name

Address

City State Zip

56

ENJOY “STOLEN SWEETS
WITHOUT GETTING CAUGHT!

Finally... “fooling around” has been made catch-
proof! Your wife will never Suspect that you are
Savoring passionate, deeply-satisfying affairs with
one lovely after another. Devilishly cunning steps
guarantee swift, risk-free pick-ups in bars, hot single
discos, at work, or your own neighborhood. The little
woman will be none the wiser! Forget fear, guilt,
unfulfilled frustration. Send for “THE STOLEN
SWEETS SYSTEM” and FREE bonus, “How To Talk
Any Girl Into Bed In 60 Seconds Flat.” By mail only.
| Rett eee te oF ee ’

: 49 West 37th St:, New York, N.Y. 10018

1 $10 enclosed. Rush “THE STOLEN SWEETS SYS-
1 TEM” and FREE bonus in innocent wrapper post-
: paid. 30-day money-back guarantee. Strictly private!

' Name
: Address

: City, State, Zip
1 (Canadian & Foreign, send $15 U.S. Funds)

Slashdance —
The Deadliest
Feeling

(continued from page 13)
eyed response. ie

“‘He wouldn’t talk about the suicide
or about the murder,”’ said Lieutenant
Page. ‘‘He just told the officers who
he was and then refused to say
anything else.”’

Patterson sufficiently recovered
from his wounds over the weekend to
be transferred to the Los Angeles
County Jail. He was then returned to
the San Diego where he pleaded not
guilty to a charge of murder and
dismemberment of Cathleen Stubbins.
The plea was entered before Municipal
Court Judge Janet Ida Kintner, who
ordered Patterson held in lieu of
$250,000 bail.

After the arraignment the victim’s
father praised the investigation con-
ducted by the San Diego Police
Department.

“I have nothing but admiration for
the way the police conducted them-
selves during the investigation,’’ he
said. ‘‘To say that I was pleased would
be putting it mildly.”

Tom Patterson is scheduled to go
on trial on early spring 1984. Until he
has been tried he must be considered
innocent of the crime with which he
had been charged.

a ee ae

BLS oblate

Riess dente te de


en Sr taae aee

Burch on the boat, and upon hearing
how the widow had become acquainted
with a man in New Orleans through
the Lonely Hearts Club, and was going
to marry him, his wife had seen a
chance to clean up a fortune. Both the
Kraemers had known of Benet in New
Orleans and knew that he was a rich
man. So they plotted to substitute Mrs.

Kraemer and to have her go through
with the marriage. Things had worked
out pretty much as they had planned
them, except that Mrs. Kraemer had
not been aware that the murdered
woman had a sister. When the letter
from Mrs, Finch arrived, it had
hastened her plans by several weeks.
Kraemer died without implicating

: Case Of The Canned Call Girls

(continued from page 9) |

nearby town of Millbrea for seven
years before leaving the force to open
an electrical contracting company in
Burlingame.

‘We filed a charge against him on
the complaint of the woman but he
isn’t due in court until November,”’
an officer said. ‘‘I don’t know whether
we’re going to make it stick or not
because the woman was actually a
prostitute using the cover of an
escort.”’ .

““We’d like to check him out on the
chance that he may be the guy who’s
been- knocking off some whore
ladies,’’ Pointer said.

The officers told him that Sully lived
alone in the building in which he
operated his electrical contracting
business. It was located on an alley in

the industrial section.

‘““We haven’t got enough for a
search warrant and I don’t know
whether we should talk to him or not,”’
Morse said. ‘‘Let’s not tip our hand
until we’ve checked the guy out.’’

In questioning persons who knew
Sully -detectives came up with two
completely different pictures of the
man.

One was that he was an excellent
businessman and respected for his
work. He had been married twice,
divorced twice and had no children.
In addition to his contracting business,
Sully owned a six-unit apartment
building valued in excess of $350,000.

A member of a number of business
organizations in the community, he
helped organize a Little League
softball team and put.on lunches for
senior citizens.

‘A damn good man,”’ a business
acquaintance described him. ‘‘I heard
about that hassle he got into with some
whore. I think she’s trying to set him
up for a shakedown.”’

The other picture was drawn by a
person who operated a business in the
same area as Sully. ‘‘There aren’t
many people around here at night
because it is all businesses, but Sully
lives at his place,’’ the person said.
“*l’ve come down to my place a few

times at night and I’ve seen some very
pretty young ladies, some of them in
big cars, coming up to his place. I think
a lot of hanky-panky went on in there
at nights.’’

While the detectives‘-were making
their inquiries, they passed a printing
shop across the alley from Sully’s
business.

**You see what I see?’’ Morse asked

_as he looked in the yard behind the

printing plant.
“If you are looking at a couple of

drums, then I see what you are see-
ing,’’ Pointer responded.

Both detectives were aware from
bulletins of the red and blue barrels

(continued on page 59)

.

Scanlan. However, it was felt that the
latter had had something to do with
the crime; he at least had guilty
knowledge of it, even if he had not
been an actual participant.

But Fate took care of Scanlan
shortly afterward. Through jealousy
he killed a man and was hanged in New
Orleans for the crime on July Sth,
1900. ;

Downs lived to- see his own theory
of the Burch crime vindicated and was
present at the hanging of Scanlan. *

CAL. PELLET

AUTOMATIC

MACHINE PISTOL
10 ROUND -SIDE MOUNTED CLIP ‘Games
FREE: Target & 50 Reuseabie Pellets + ~

Not Sold in New York City - No Permit Required

This rapid fire 22 Cal “Commando” type machine
pistol looks like the famous, hard-hitting weapon so
popular with combat attack groups. The side
mounted, detachable, ten round clip’ on pellets
into the target as fast as you can pull the trigger.
Only $4.95 plus 65¢ for postage and handling.
Complete Satisfaction guaranteed or our
money refunded. NY State Res. add Sales Tax.
Guaranteed Distributors, Dept. 288AZ45

35 Wilbur St., Lynbrook, New York 11563

Amazing New. Hercuplan :

Guarantees~

A NEW SHAPE
IN 30 DAYS”
or pay nothing!

Now gain the weight you need to develop the
muscles you want in just 30 days. Turn that
scrawny body of skin and bones into a powerful
appealing shape. How? Simply take one-a-day
Hercuplan tablets along with our scientifically
prescribed meals. Don't let poor eating habits
rob you of a powerful, attractive body.

Just listen to what Hercuplan people have to
say..."/'ve never looked so great in my life’.
L.D., Chicago IL. “Thanks to your Hercuplan
program | am now proud to be seen ina bathing
suit” L.M., Dallas TX.

Guaranteed Results...Hercuplan program
must work for you too or simply return the
Hercuplan label for your full reftund. Orderyour
Hercuplan Program today to develop your new
shape “tomorrow.” .

Send to: Rush tnd., inc. Dept. HU54BB

871 Willis Avenue, Albertson N.Y. 11507 |
Please send my order today! |

O 30 day Regular Strength Program only $6.98
0 60 day only $11.98 90 day only $17.98 |
AVAILABLE IN SUPER STRENGTH |

0 Add $2.00 to the above prices for the Super
Strength program |
Ol am adding $1.50 for express service |
Name l
|

Street

—  — — Money Back Guarantee - — — —]

TRAIN AT HOME for an
EXCITING Career as an

Electrician

aj CONSTRUCTION
vba ant) Me MAINTENANCE:
, CONTRACTOR

Train at homein spare time

MAKE MORE MONEY! Check

out Electrician’s wages
against the kind of money
AV. you make now!

Even before you're ready to go after a full-time job as an
electrician, you could be making extra money doing odd jobs
for friends and neighbors. And think of the money you'll be
able to save doing your own electrical work. Learn to specify
and install wiring, operate and control motors and generators,

use and maintain transformers and storage batteries.
We show you how to troubleshoot for short circuits,

r overloads and open wires. You'll be ready to take almost
Bh any electrician licensing examination offered by state,
i N city or county. Because opportunities vary from time to
~

time and from one part of the country to another,

we encourage you to check on the job market in your
area. Mail coupon for free facts and results of gurvey
showing employment success of our graduates. -

NO NEED TO QUIT YOUR JOB OR REGULAR SCHOOL
Everything explained in easy-to-understand language
7 with plenty of drawings, diagrams and photos. Tools,
f »PPROVED, materials, test equipment included with course. You leam
y renans J at your own pace. No time wasted traveling to class.
(verer Teachers are as close as your telephone. No charge!
~ Use our toll-free 24-hour home-study hotline as
MAIL COUPON TODAY! $

“atts, SOON as you enroll.

eee ee ee ee ee eee ee eee eee ee
aL Le aD ELECTRICIAN SCHOOL, Dex Nao
ICS Center, Scranton, PA 18515 \ F
Rush free facts that tell how I can train at home in spare time
| to be an electrician. No obligation, no salesman will call! i

CY ISTATENAP 2552, cc csaset ni test eens Fa Woo ackews cin tens ten ee ee
=e

57

SEWALL, Robert & SIMS, Bosie, blacks, hanged Mansfield, De Soto Par., LA,
October 13, 1922.

Robert Sewall and Bosie Sims were hanged for the highway robbery of Robert M. Cook
and Mrs. Alma Broom who were motoring from Houston, Texas, to Shreveport, when the men
waylaid and robbed them. According to the news account of their execution “... The negroes
admitted attacking the couple but denied threatening the woman as she charged...”-Picayune,
New Orleans, LA, 10/14/1922 (7/5).

~4ief of Security

SHEFFIELD, Joseph,

‘ ; » 28, elec, La. SP (Franklin) 8-16-1957
IDENTIFYING ESTABLISHING
A NATIONAL
DOCUMENTING MEMORIAL

THEIR DEATHS

“It is rather for us to be here dedicated to the great task remaining before us - that from these honored dead
we take increased devotion to that cause for which they gave the last full measure of devotion; that we here

highly resolve that these dead shall not have died in vain.”
Abraham Lincoin

312/694-5661

30NALD C. VAN RAALTE ; -
aw Enforcement Historian MAR re! 1959

-ost Office Box 72883 P b . .
2oselle, IL 60172-0883 Dear Librarian:

Pst Office Box 174 , . ;
Scottsdale, AZ 85252-0174 I am a retired police officer engaged in a project to
identify and document all line of duty deaths of law

eat Lakes Zone enforcement officers throvahout the country back to the

avis Rent AGarinc. = «6:1700s. This important historical and sociological

subject has not been recorded on a nationwide, detailed
nt reri 2 . : . . .

pepty Shere basis prior to 1972, and some since then are lacking in

Carson City, Nevada 7
aaa recceeceseseeceeseeeeee 2@tail. Many departments themselves do not have records-

: ; ' . ——
Sergeant (Retired) on their own officers' deaths, which is why I am writing.

Arlington Hts. Police Dept.
leseseseseseteeceesessssersree PF FOrts to obtain the data on the incident(s) listed below

have been unsuccessful through the department(s). It

Past President
OE ApenG. Auto THe Hee would be appreciate if you could provide copies of news-
paper stories or other sources available to you regarding

MEMBER officers killed in the line of duty.

American Association Stete
And Local Historians os FLA -~operly credited ‘ I am

Peerrrrr rr rrr rer rire. Franther. ; 7 e and necessary copying costs,
Hercehe Mbrate, funded or granted and I am

Org. of American Historia

vii distor Rela AOF Wace Sy - / ¢€ personal funds. If the
Nestern History Associati: > — : °
csanenaus geaaweptemnsas Yrannebniee, tt. WAFS ae eS ee.

=ormer Texas Rangers Ass

eee eennereeseaeaeeneanse

‘ati. Assoc. of Outlaw and 1 n ‘ance you can provide .

* _uwman History

eee eee eae eueeewew ere He

_Nesterners, International . Sincerely yours,

‘ Dee aa ae ee aeeeeReaeeaneeeeeeras ~<
nt. Assoc. Chiefs of Police 4. Md yi a 2 |

Aich. Assoc. Chiefs of Police Ay 3.

\. Assoc. Chiefs of Police ° RONALD C. VAN RAALTE

eRe eae AHHH etesenetareee Roselle J

“mer. Soc. Ind. Security J; Lor

eee RHR HHEAAEHRHEAEH ERE RH HERE * A Lae £ ce

SPECIAL ATTENTION Ve te nae Z ae , 4 pa

olice Management Assoc. D2 thy MelPaF es | arr - fer G 0,

eeewane serene eeeenrerteeneneee . . ‘ KL
Franklin Parish Sheriff Dept Jun 14, 1953, Deputy Jorn ©

ee + Waller killed , convicted killsr on apr 18, 1957, the killer

" : nelieved executed on Aug 16, 1957

: August 1849, Sheriff Augustine L. Ergdley died/killed,, exact
5 date and cause of death unknown — ao net Pntar bort iia
Feb 26, 1985, Deputy Joe Powell shot, unknown if died

es } Quo Toru haw Keeorttrd, end 0s Cock om
= fot Gg & hepelig, aw Lull ad & schol br Autre

Shall his sacrifice be forgotten, his grave watered only by the tears of a wife, a child, a mother?


a

the ring he was administered many!beatings. He was known for his stamina and ability to
takepunches.e Sem inary boarded the street car on which Sturdy and Lillian Hoyle were
riding, As it turned from Canal Street to North Rampart Street, he spened fire on the
woman, sending two bullets into her body. .Sturdy, a young tree surgeon, pat from the

* ¢ar.and started to run across the street, He.was shot down as he ran, !

"In the chapel! at his final mass Seminary prayed for forgiveness from the man - and wo man
hekilled. ‘'May everybody have everlasting life,' he muttered, He bowed his head as the
death warrant was read, but made no mention of thekilling when he turned to Father Hel-
inski, ‘I am ready, Father)! he announced, 'May God have mercy on my soul.!' Tt
TIMES-PICAYUNE, New Orleans, “a,, April 21, 1928 (1-5)

According to obituary, page two, TIMES PICAYUNE for )j-22, column ), his;name was Matthew
and he was 3l-years-old. Survivors listed as brothers Salvador, John, Joseph and Mike and
sisters Mrs. Bernard Richardson and Mrs, Joseph Ditcharo,


: that he was insane,

SEMINARY, Matt, hanged at New Orleans, La,, on April 20, 1928.

"Matt Seminary, the 'Iron Man' Joe Nelson of the squared circle, silently rubbed his.neck
and gazed at the floor of the Parish Prison as M. J. McKay, chief deputy sheriff, read the
warrant for his legal.hanging set for March 9, Friday afternoon, ‘If they want my life, I'1l
butt my brains out,' Seminary shouted as he was led back to the condemned cell, but in the
office of Captain Thomas Cooky where the warrant was read, he was calm ‘They can. hang me
tomorrow for all I care,' he cried to the Rev, Father Helenski after.the formalities were
over, ‘I don't.care and I want the world to know I don't cares! he repeated, apparently
breaking under the strain, During the reading of the warrant the former pupliist appeared
a Jjifferent man from the glaring unkempt Seminary who tugged at his disheveled hair and
muttered incoherently when he was on trial for the slaying of Ralph Sturdy, a tree surgeon,
and Lillian Hoyle, a cabaret.entertainer, on a street car at Canal and Rampart! Streets two
years ago, The Seminary who heard.the death warrand had a new haircut and was immaculately
dressed. His whitejumper and gray trousers were fresh from the laundry, his tan shoes were
shined, After the death warrant was read, Seminary began to break, ‘If I could get my
hands on Cleo Seminary and that fellow Anderson,' he mttered, 'I'd get evene' Cleo Seminary
was Matt's wife, and Anderson was the man with whom she was alleged to have fled from New
Orleans," TIMES-PICAYUNE, New Orleans, La,, 2-11-1928 (1-6)

"with a whispered prayer, Matt Seminary made peace with the worid a few seconds before he
was dropped on the gallows at the Parish Prison Friday to pay with his life for the killing
of Lillian Hoyle and Ralph Sturdy on a street car at Canal and Rampart Streets eighteen
months ago. Seminary was hanged at 12:09 p.m, and was pronounced dead by Coroner George F,_
Roeling ten and one-half minutes after he dropped through the trap, His neck was broken by
the drop.

"Hurrying up the nineteen steps to the gallows scaffold, the condemned man was smiling confi-
dently and praying with the Rev, Father Joseph Helinski, parish chaplain, 'God bless everye
body and forgive everybody,' he pleaded as he walked into the gallows room, 'I beg forgive-
ness from Thee.' A dozen official witnesses, newspaper men and deputy sheriffs were in the
death room when Seminary and Father Helinski entered, Before they came the witnesses
nervously tiptoed around the room,

"The entrance of Seminary and Father Helsinki broke the tension, but none save the priest and
the slayer spoke above a whisper before the trap rattled and the condemned man dropped, Fa=
ther Helsinki administered the service of the conditional anointing and said the prayer for 1
the dead while Dr. Roeling examined the body, Seminary was on the gallows less than three
minutes before the trap was sprung. Until the hood was placed over his head, onay a few
seconds before he was hanged, the condemned man smiled into the face of Father Helsinki who
stood on the scaffold with him, prayed with him and offered words of consolation,

"Seminary spent his last hours in prayer, At his final mass in the prison chapel he brought
tears to the hardened criminals as he begged for their forgiveness. Three men took communion
with him less than two hours before bhemaxecution, Father Heltitaki read the lesson of the
prodigal son and the lost sheep at Seminary's last mass. The service was ended with the
singing of 'Nearer My God To Thee,' Seminary was not returned to his cell after the mass,
but was permitted to pray with Father Helinski before he marched to the galbows. Ceo Semi-
nary, the slayer's divorced wife, did not come to see him before he was hanged, but her
prayers, Seminary said, helped him prepare to die, .

"To a question by Father Helinski before mass began, Seminary answered, 'Yes, Father, I'm
all spruced up. I'm ready to meet God.' A request by Seminary that he be 'buried in the
ground’ was observed and the body was interred in the Hook and Ladder cemetery near Gretna
after the funeral services at 3 p.m. The funeral was private, Amons flowers placed on
Seminary's grave was a wreat of Easter lillies bearing an inscription 'From the Boys of the
Parish Prison,.' Seminary's execution followéd unsuccessful appeals by his counsel to the
State Supreme Court and the board of pardons, A jury incriminal district court found the
defendent guilty as charged in a murder indictment, but an appeal was taken on the gyounds

"The plea was denied by the supreme court, but the board of pardons appointed a second sanity
rommitsion to examine the slayer. This commission of alienists reported about ten days ago
that Seminary was sane at the time of the killing and at the time of the examination,
"Seminary was a pugilist before he was alleged to have fallen in love with Lillian Hoyle,the

woman he killed. He fought under the name of 'Iron Man' Joe Nelson and during his years in


the house, he fir

Me connected with.
ithe Harris Tust and Savings!
gun from Shef. nada (bank? He later became Vicepres{.|
field and knocked the man to the! Stricken Fatally at Home 2ent of the National Bank of the |
ground, He said he gave chase; Republic there,
when Sheffield ran into the! of Son, AP Reporter | He retired to Anna Maria qs.
nee “4 —____ } land four years ago,
Grabs Another Shotgun | WASHING ‘ { iti
Hodges said that as Sheffield MUNGTON, June 14 |

ia] Writer for 1
Times-Picayune.

BY DEATH

New Orleans j

TAKEN

, the:

. New!
. H ' |
. ed at th ago. and Anna Maria Island. three other sone Clitton coon
| : oe a., died Sunday While visitin aU er and Richard all of Chica 0, }
= /barely missing his head. Sojthe home of Is son, Associated) (rive . ‘ } . |
Present in the room he cn labor reporter Norman The body will be taken to New! fe eee
were three women another man| ; ; . Orleans for funeral services on; J 5 on
and a large number of children! The elder Walker and his wife Thursday at Holy Name church.'f & tic
; jhad arrived jn Washington only | - mt
Hodges said he then fled 1 four days ago on a motor trip! . HF Skee, ‘4d
the road with Sheffield Pursuing |atong the Eastern seaboard POLICE TAKE WHEEL K.censes
him With the shotgun He said he} e was Stricken With a heart! MONTREAL
;, escaped when he was Picked u atta
of Bias: by a truck driver

VILLIAM F. FRIESHON

 parki
Montreal policemen Wil drive — perso
h - ;_ Clifton Walker, a native of New jhome any Motorist who feels he’ censes
mi ieee and the doctor 4nd ‘Orleans. Was the son af the late has had a little {oo much to drink
| a ulance, ~ |Norman Walker, long-time editor- ito drive safely.
On their arrival, Hodges said, ON ito drive satel
ARTNER IN FIRM Sheffield was standing rd |
over Waller's body in the rear | ° e:
' yard. The man held them at bay |
AKEN BY DEA TH for half an hour until his family |
talked him into surrendering, s x h S h f
a st | Hodges said. He sald Shettien, NY T Se © D Or
Hiaias rederick F rieshon! gave up after obtaining a prom > Vf f):
| ise that he would not be kill!
Jr. Was 39 my :
liam Frederick Frieshon Jr,,' » pages ‘said he: did eee

ariner in the gj
and Belsom,
. Sunday at Ba
ral services
dat3 p.m,
Eagan Funer

je Ne cause of the dis

aaa rl ie the house. He sa

ntist hospital th . eee

~ "| State penitentiary,

Tuesday at om itt’ office was not
esday

termine immediately
al Home, Inc., of his crime.
Magazine. Religious rites at

the sentence,
| Bvangelical and Re. cnn —
d church will be followed!) Sheriff Hiram

nterment jn Greenwood , Ported attendin
ery,

turbance at
id that Sheffield
at the Louisiana
but. the sher-
able to da
the nature
nor the Jength of |

|

B. Waller was re. |
& a law Enleree|
iment officers’ convention In Oak-!

“aig ‘ ‘land Calif., and efforts were un- |
auiye of Now Orleans, Mr. : :
on Was A graduate of War. derway to noufy him of his aren
aston High School and at- €TS’ death,

H
Tulane university, He be: Hodges said he and the dead!
Y manufacturers’

represen. Officer had attempted ta talk,
shortly after leaving schoo} Sheffield “into Surrendering the
d been a Partner in the “Weapon before he opened fire on’
Fri

eshon and
t seven years.
is A Member of
ub, the New Orle
2b. the Mo
lack Club.
ion of New

Belsom for them, ~~
the Opti. The calorie. whic
ans Ath. sons watch s0 ¢]
nday Morning amount of heat r
the Electrica},the temperature
Orleans, the, Water one degree
nt } en of New Or.!
d tJ Ad-City Carnival!
€ was also a member of |
e] Evangelical and Re.}
hurch, |
TS Include his y:
fiss Louise i
ther Won.

h dieting Per. ;
osely, is the!

equired to raise|

of one gram of
Centigrade.

idow, the
tou hatham,

+" rade

and summoned |

-—For a smaij fee,.

the
, Ty when
atalities.’

right o! ‘nd Ts
ctore——he |] DASHING?
ycuil be proud tc Senat
tmittee
ded fund
Ww Worm
the South
Tr started
Cting on
Topriation

IE

Bi

Sue you want Dad's gif

3
Want it. ta come frem @ ren:

“ear @ att from

tts be}

‘ust

Stevers—.

Ideas! for the beach cr
jurt Blain relaxing, Ane
sovnert eso!

. COomforte

‘Ne Quality Jere

“A

~

THE TIMES-PICAYUNK, NEW ORLE

TT

SHEFFIELD DIES (M’ELROY WINS APPROVAL,

|

WISE-CRACKING

Slayer of Deputy Sheriff;
Executed

By W, B. RAGSDALE JR.
ANGOLA. La, Aug. 15 Un-
Joseph Sheffield, wise-cracking
as he was strapped into the
electrie chair, died early Fri-
dav for the shotgun slaying of
deputy sheriff John L. Waller.

Hlis death wrote the end to a
four-year legal fight over his
speedy conviction for the slay-
ing of the brother of the Frank-
lin parish sheriff.

Sheffield was. brought into the
execution chamber at 12.05)

a. m. Twelve minutes later, he! as

was pronounced dead. it
“I know there's been a lot of|
talk about me. holding a}
grudge,”’ he said in his fina)!
Statement. “I have none.”

throw the switch that will end:
my life. But if I hold a grudge!

against him I'd be guilty ‘of im them.”

murder again and damned to
hell fire, I want to go up above
and not down -below to. Satan)
downstairs."

Sheffield walked calmly cup:
to the chair. turned around and
sat down, As the straps were;

tightened around his waist, he! hearings that he has been a regu-;
said, **Pull it tight, You've been lar $1,000-$2,000 campaign - year

week to allow time for the record
of today's hearing to be printed.

Ito the smaller companies.

retain his interest in the com-

Pointing to the executioner,|pany's profit sharing trust, StOCK i gible break
he said, ‘‘I know he's ready 'Oloption and group life insurance! rights deadlock.
| plans

inti ean Olea ta py

RAF JETS LASH
HOLDOUT AREAS

Fort Still Flying Rebel
Flag Destroyed

Continued from Page 1

Cooper Procter, was enthusiastic
about the guard unit.

McElroy sald it looked to him
like a good idea to join the guard
“for a couple of reasons.”

For one thing, he said, he would
be doing something that the head
of the company was interested in.
And, for another, he said, he had

The chairman said the record
would Include a letter from the
attorney georral's office to the
Delense Department saying Mc-
Elroy could continue to hold his

MANAMA, Bahrain, Aug. 15
—RAF jet fighters and bombers
roared back into attacks today on

stock in P&G, which sells soap rebel holdout areas in - central

,; always wanted to leam to ride Oman. Ase
” ee = a horse. The war has been announced as
services in carioad lots. Rus- ene.

finished and the British have said
their ground forces supporting the
Sultan of Muscat and Oman are
being withdrawn.

But the white flag of the rebel
leader, the lmam of Oman, was
reported still flying yesterday
over a fort outside the village of
Sait, in the Jebel Kaur’ area,
northwest of Nizwa.

Four RAF Venom jet fighters
destroyed the fort with rockets.
Another mission hit two towers at
Ghumr with mpckets after Shacke-
ton bombers dropped warning
leaflets.

sell said it was the attorney
general's opinion that there
would be no conflicts of inter-
est Hf P&G continued to supply
defense agencies through com.
petitive bidding.

Mcklroy testified that as many
0 firms bid on the soap con-|
racts and that they usually go

BREAK SIGHTED
IN RIGHTS TIEUP

ete mney

Keating Would Accept
Modified Version

By B. L. LIVINGSTONE
WASHINGTON, Aug. 15 uA —
There were signs tonight of a pos-
in the House civil

The nominee said he also would

Rep. Keating (R-NY), chief
House spokesman for the adminis-

Ten Arab Nations
tration’s civil rights program, told
He sald he plans to sell bis lnewsmen that as a last resort he

Ask Oman Session

holdings In General Electric and ‘would go along with a modified | UNITED NATIONS, N.Y.,” Aug.

“but will freeze my interests:

AN8, LA.. FRIDAY, AUGUST 16, 1957

bmn es

day. Many diplomats have ex.
pressed doubt the Oman case wil]
get the necessary votes to put it
lon the agenda. .

The letter was signed by the
permanent representatives of

a in oe

Egypt, Iraq, Jordan, Lebanon,
Libya, Morocco, Saudi Arabia,
Sudan, Syria and Yemen.

LOADING CURBS

Continued from Page 1

men who have commercial ]i-
censes’ on their cars have been
getting tickets for parking in
restricted zones. Fitzmorris an-

swered that persons with these
$10 licenses are not allowed in|
“no parking'' zones

many persons have been using
the licenses to circumvent the
law, -.

Burke came. back with the
charge’ that the committee
members are ‘“‘just spinning
their wheels” and said that the
group should be abolished and

the police should be allowed to
enforce the laws.

Fitzmorris | said
think .we are
wheels, Mr. Burke, but we are
trying to do something about

**You may!
spinning our!

the New Orleans traffic situa-!

ae ee ee

AID BILL

OContigued fro
restore $350 milli
propriations comm
ed to cut from
$1,600,000,000 req:
aid in the coming

Rep. Passer
head of the ;
subcommittee o:
and an avowed {
gram, succeeds
this motion defe:
323 teller vote.

About 20 De)
with the Repub
vote, which was
later roll call,

because) same number ¢

voted against th:
IKE MAKES }F

Republicans at
ceded privately
couldn't win bac
assistance money
tle chance of re
the $809,650,000 .
appropriations b:

Elsenhower m
new appeal for
the $809 million
but the approp:
approved the re

Chrysler, both big defense con- | jury trial bill rather than have no!!9 “P--Ten Arab countries today. I think you will admit we! A proposal by

‘requested an urgent meeting of
The Senate has passed a civil the U.N. Security Council to deal
rights bill which, among other! with British attacks in Oman.
things, would permit the attorney! They submitted a letter to Fran-
‘general to apply for federal court! eigen ‘Urrutia of Columbia, presi-

tractors, and to resign as a (CIVil rights bill at this session.

director of both corporations, |
McElroy told newsmen after the:

injunctions against violations of : :
in this business a lot longer|contributor to the Republican pare ’ B ldent of the l1-nation Council for

than I have. I'Jl not complain.’’' ty. His salary as president of P&G;
A few s@gonds later, he add-!has been $285,000 a year;

ed

much chance to break out of £25,000.

this. It would take a giant to,

do that.” |

MORRISON PLAN

“You don't give a man:fense secretary he would receive;

voting rights. It guarantres WUTY| August.

as de.| trials of any criminal contempt} The letter cited Article 35 of the
charges growing out of such cases) ty ny, charter. This provides that

or out a host of other types Oflany UN. member may bring to
; cases, . __ithe Council's attention any inter-

WILL END CENA i Eisenhower administration’ tional dispute or situation likely
At the hearing, McFlroy said forces have been fighting to Wipe 'i, endanger international peace
°&G will end a defense contract out the jury trial clause and ECti and secunty, .
operate an) Army ordnance a bill more in line with The Council is not expected to
toa Mil: a a6 proved by

ane ap-|

(are not the best city in the
lcountry when it comes.to traf-
ific fatalities.”’ !

Pa.) to restore
the $165 million
economic aid se:

WASHINGTON, Aug. 15 uW—
The Senate appropriations
committees Thursday recom.
mended funds to fight the
screw worm and the fire ant

in the Southeast during the
year started July 1.

Acting on a supplemental |
appropriation bill, the com: |

mittee vo

for |

Fund Is Okayed to Fight F

screw worm and

@ campaign to
fire ant.

The bill as ap
House did not
for either proje:

Screw worms

stock, particular
gente daaetrnaw or:

3
e
F:
...

monn *

re
|

oseph She

1;

effield Dies

*-Jovial To End,
. Admits Murder -

K3

x outwaraly” jovial ath if ee enc
the. 28-year-old: Sheffield admit

% ing | ot Deputs “Waller on June 14,
| 1953," saying,» »#T- ‘committed: mur-

is his° guilt, in: ‘the. ‘shotgun’ slay}].

~. ev. ogee tee as.

] A

a nen some

f (Continued From Page ihe
purple hull peas,» French - penal
‘and: butter, cake- and resin bi
served at 5: 45. He did not: eat. it!
all, saying he was not hungry. He
spent his last, hours . listening to
hillbilly music on the radio in his
cell, only a few feet. from* doh
execution chamber. .

“The young man ‘told the ‘Rev.
e R. O, Bennett, a Protestant chap-| |
lain with whom he talked that he] =
was scared. “«Y told him that ‘was
natural,” said the chaplain.’ ~
No member. of Sheffield’s} _
family was present. for, the exe-|.
cution. He had no visitors during
his last hours, |. ©. 34: =
“ie The body. was ° removed.” to
, Crossett, Ark.,-- where _ funeral
‘services were conducted at 3 p.m.|,
Saturday. Interment was in the
Unity cemetery, where = Shef-

—me

: aera

_ |f der: Thad. e devil, in my: head field’s grandparents are buried.
; a > 4{ for: oe ul: ha¥e.ne ani-||| Nine Volumes Of Proceedings ~* |°
M moe ee heart “to { ard. a4 ‘First convicted in July, 1953 of}.
ann aie a3 sae 304) Deputy Waller, .- Sheffield -- was
» ie ARH ever witless to:* his\:. death ; ag! convicted — inle

‘described Shetfield_ “as, joking vwith

~"} the executioner.’ after: first: *point-

‘ling: to’. him’ “and saying,..“I know
he’s’. “yéady® “tos throw ‘the® “switch

. | that will end my life. But if I had

a. grudge against, him I'd. be. guil-

; ty of. murder’ again. ‘and damned

to hell fire, I. W nt to go.up above:
and not’ down: be staiw: plore Aytand |
downstairs,”’ aes aga *

.. As® the: “straps. “were ahtened

ecutioner, to”“pull it tight. You've
| been in, this business ‘a: lot Jonger
: than I have. I Vu not complain.”
“ He: joked ‘again as the execu-
tioner pulled the straps tight. : Vo
“You don’t. gt *. man much
chance to break .

giant to do that.” -:

at 12:17. a.m. He took a first jolt
at’ 12:05‘ and * a- ‘second charge
| eight ‘minutes later when doctors
.| said his heart was still “‘flutter-
| ing. :He* had. walked calmly to

k Sheffield was pronounced deaa|

; the electric chair,

~ Sheffield’s last meal —  consist-
{ ing, of roast, potatoes and gravy,

' (Please Turn To Page 10)

around.:his..waist he. told. the, ex=7,

“of this,”|—
Sheffield- said. “Tt you take a rs

again tried and~
March, 1956, follgwing an orderjo
from the. United States supreme |p_.=
court for. a second trial.:.«... 9 [F_.
The state Supreme court up-|-
held - the’, second conviction, and
the. United, States supreme. court} :
‘refused a “hearing. $358 CR ES
> Transcripts}. of proceedings * ‘in
‘the’ Sheffield:4 case submitted * to
the. Louisiana supreme . court: last
summer by: the Franklin ’ parish
clerk. of. ‘court’s. office numbered
8,000. sheets, p&us. photostatic
copies of articles run: in«.: The}
Franklin Sun,* * * equaled | “hine’,
volumes. and” "Weighed © in. all” 35;
pounds. os3-° FM ne She aie

alia = Sore


m the ‘projected. Euro-|
ai

cays ot reflection, Ade-:
erved that the Commu-.
es Cidn'’ t mean a thing)
y were executed and,
Ir-power conference on
y be wortiHless—
tact gerous—unless it.
Promise of success.
mg 20,000 listeners at
z., the Ti-year-old chan-
mmpower conference that

will only increase
‘West tension.

to reverse them-
it is a moral victory for
48.5 Mean Freed

vhile, the Soviet zone
23 nen and women jailed
ttions of Communist law.

1500 will be turned loose:

peace drive, the Russian
s Teversed its commumiz-
f industry and farms, with
uunced goal of making it-
eptatile to West Germany

pen galitigal prisezers..in
one cells.

qd Berlin boiled with re-
new and wider decom-
steps planned by the.
take place before West
’s critical elections in
er. A

officials said they heard
t zone and also the East
f Berlin may knock down
the permanent barriers

r olive branch is about to
ded to the West Berliners
roperty just inside the So
e was confiscated during
spaper Die Welt Am. Sonn-
| the property of 40,000
worth more than 100 mil-
ars, would be restored to

12-year-old boy was bearing

like a veteran here Sunday aiter
‘he was plucked from a Ship in!
‘the Gulf of Mexico and yyshed:
iback to New Orleans for Basical
‘treatment.

| The boy, Bowie Duncan, of
\San Antonio, Tex., wags pet
ltrehted in Eye, Ear, Nose and
Throat hospital here for g nite

cut in his right eye. But his fa-
ther, a Texas cattle Se said
{his son would not Bse = in

{the injured eye

The father pe praised the #
planning which had se his
son here for treatment 13 shours
after he was injured. He said his
son was trying tecut
Ne Nella speed and wend Mie

ke

f

psi Guard officials here said
the ship on which the boy was
traveling, the SS Marion, of the
Lykes Brothers Steamship Com-
pany, radioed for advice after the

his

~

“«

On the advice of doctors, the:
ship turned around 100 miles
from Southwest Pass to rendez-
vous with a Coast Guard eutter.
About 9:30 p. m., the boy and his
father were transferred to the cut-

Venice. There, an ambulance
rushed the boy to New Orleans.

“‘He was a calm and good pa-
tient all the way,’’ the father said
Sunday as he kept his son com-
pany by his hospital bed.

can Jr., 7, had been en route to
Havana, Cuba, for a vacation. He:
said Mrs. Duncan had gone on to’
‘Havana. xith, Bowie's, Nest
Duncan said he a i

would return to San Antonio when:
his son was able to make the’
trip.

Helmet Dentat
by Mortar Shell

WITH U. S. 40TH DIVISION IN
KOREA, June 14 w—There Was a
stunning crash as something ter-
rific hit Cpl. Bertram White's
helmet. <

He was flung 15 feet.

great mortar stories of the War.
He wasn't’ hit by a mortar frag.

ment—it was a whole mortar thell.;
It was a dud and, lucky for him,’

‘failed to explode.

|

S

Gist of the News.

Monday, June 15, 1953—

nauer wants Russia to show peace sincerity by releasing
's of war and holding free elections.

—Page 1)

accident about 2 p. m. Saturday.

ter at the pass and went on to’

Duncan said he, his wife and.
Bowie's brother Cameron | Dun-!

son) Sdine&atnés Penows.: Wrest’

“(Slain While Investigating’
Family Quarrel

A Franklin parish deputy sher-
‘iff was shot and killed about 1:30
a. m. Sunday as he investigated
a complaint of family trouble at
the home of a Wisner share-

cropper.
The victim, John L. Waller, 40,
ore brother of Sheriff Hi-

tiram B. Waller, died almost in-
istantly when he was

| When the weapon was fired as
| he attempted to wrest it from

the hands of an ex-convict.
Other law enforcement officers
and a doctor and ambulance
crew, summoned to the scene of
the shooting, were held at bay
for half an hour by Joe Sheffield,

about 23, the ex-convict, before
he surrendered.

Sheffield was lodged in the par-
ish jail at Winnsboro and District
Attorney Harry N. Anders, Winns-
boro, of the Fifth Judicial Dis-
trict, said he will be formally
charged with murder.

Youth Is Beaten
Hodges, who holds’ a special
deputy sheriff’s commission, said|

the had accompanied. Waller-on
{the complairft call, a practice he

|

oe awe

rived at the home of Sheffield,
‘who lives with his mother, step-
itather and brother, Sheffield had
already severely beaten the 19.
year-old brother. Travis Shef-
field, Hodges said.

Hodges said as they drove into
ithe rear yard of the farm home,
situated on the farm of Dr. Hen-
ry E. Jones, parish coroner,
about two miles south of Wisner,
Sheffield was standing on the
porch, brandishing a shotgun.
The ranger said Sheffield

warned them not to alight from
the car or attempt to pull their
pistols. He said the man then
walked to the car, pointed the

Weapon into the right front
window ard started to pull the
trigger.

Hodges said he grabbed the
ishotgun and tried to wrest it
=n. Prom Sheffield’s grasp. As Waller
{jumped from the driver's seat
‘and started to pull his pistol,
oops said, Sheffield shot him
through the neck.

Hodges said he succeeded in

GON, MU AM wide VICWwEeS Usa us

forcing them
hands.
‘ Sees $45 Million Loss

|

ment will lose at least 45 million:
dollars on its present holdings.
Cottonseed, once a farm waste, |
is used. in making margarine,
shortening, saled dressings, syn-:
thetic fibera, explosives and many |

placing ¢ ed cit
ine sell thertening, Soybean meal
ig replacing cottonseed meal as a
high protein stock feed.

fibers are replacing cotton lin-

—in making rayon and other syn-
thetic fibers.

US May Dispose
of Surpluses Abroad

(Ing Correspondent!
WASHIN y~ dune 14—An

influential GOP source said Sun-
day the Eisenhower administra-
tion is considering a plan to dis-
pose of part of growing US farm
surpluses to foreign countries.

Administration officials are
said to be considering a proposal
dealihg with the surplus problem,
inchiding authority for the Presi-|
dent to transfer commodities to

Sen Schoeppel (R-Kan.), has
introduced in the Senate a bill
empowering the agriculture sec
retary to transfer one billion deal-
lars worth of Commodity Credit
Corporation stocks to the mutual
security administrator for sale
“to co-operating nations.”

The Schoeppel plan, which is
said to be similar to one drawn

reau Federation, is intended to
use CCC stocks to help carry out
the foreign-aid program.

Under the plan, farm surpluses
held by the government would be

|

present program is pricing cotton.
seed products out of markets and’
into government)

Gordon predicted the govern-:

Furthermore, Gordon said, wood,

ters—the fuzz taken from the seed,

other nations where mutually sat-| -
ai pittagtony arrangements can be

up by the American Farm Bu-! Ki

*
~ tr,

BY M
SAIGON, Indo
'—King Norodom
‘bodia unexpecte
imposed exile
Might and deci
‘main there unt
|kingdom's dem
independence 4
' met. :

mitting him to
tal of Phnom |

(In Paris.
ciated States
flight as ‘‘une

fied.’ It add
‘Cambodia had:
jaf accords as '
‘press wishes 6
ihis visit to
| These accords °
iking’s scrutiny,
The kingdom
& population of
and an area of
smallest of thr
in Indochina.
Laos and Viet }
to the French
concluded in
seared by sev

“erraveliog, by.
coinpaitea wy”
sons, including

to his Prime M.
At no time did

sold to foreign countries in return
for their currencies. ;
The resulting funds would be,
used to meet US ald obligations |
for defense and economicé devel."
cpment, or to acquire scarée ma-
teriais. They could also be used.
as leans to banking institutions
in the foreign countries ‘‘to in. |
crease production and encourage '
international trade.”

Chairman Aiken (R-Vt.). of the |
Senate agriculture committee. de-'

}

Cantinn ad mae Da ade 2 aleve &

clared the farm surplus problem |

it ineresting, and that measures

jcaught by surpri

en Van Tam 4
he was ‘‘stupefi
He added he co
the King’s beha

Cambodia wai

i Continued on a P

‘Dance
Panic
Lives,


nside, he saw

» the monkey,

it.

.e excitement

ed the paper
| replaced the |

s a little later,
19-year-old
was waiting

he room.
McKnight
“ sk you a few

cord. Would

at the table;
2k of appre-
ne shelf. The
the window
‘reenish eyes.
deliberately
valeful brass
yed as Mce-
of.

lat you have
Hazen had.”
“Oh, that.

desman who

told you or
monkey of
noose. The
there after
say, bought
us money in

just use it
sa matter
lk me into
t, though.

s place that
ve had?”

|

| *kly over his
ey and then
|

nkeys have
hem? Come
iat I mean.”
he first signs
and directly
sunlight was
‘yes took on

ooking right
_his eyes on
ing murder,
at’s what it
rdered Jim
zs you under
monkey of
ness against
reached for .
too fast for
n of the re-
{amazement
dazedly first
at the mon-

said. “ You'll

That noose
r own neck,
ruilty.”

ould conyict .

4 monkey gets
rou.”

I saw Jim,
hat you had

n a little

had that

bull to sell. My nephew had told me that
Hazen had a monkey bank like mine. So
I went to see him on the pretext of sell-
ing him my bull, He was sick in bed and
didn’t want to buy my bull right then.

“While I was there I spoke about the
monkey and took it down to look at it.
I said I had one like it and opened it. It
was full of greenbacks. I went outside
and got my halter rope. I wanted it to
appear that the old man had died a
natural death. So I fixed that noose and
when he was asleep I put the rope over
his neck and strangled him. I didn’t
think anybody would notice the marks
on his neck.

“T put the rope in the monkey because
if you didn’t know the combination you
couldn’t open it. And most people
bie ga know the top of the head came
off.”

Sowers absolved his nephew of any
complicity in the crime.

_Word of the confession spread. Before
the. jailia mob began. gathering. Two
other murderers, John Hawley and
Cicero Grime had been hanged from a
sycamore tree on Globe’s Broad Street
vay, a‘few weeks before, on August 26,

Losing no time, McKnight and another
deputy named Miller spirited Sowers out
of the jail through a side’door and started
for Florence, but soon were overtaken by
about twenty riders, all armed, who over-
powered the officers.

As he was led to a tree, Sowers noticed
the knot.that had been tied in the rope
which was about to be placed around his
neck,

“Hell,” he said, “let me tie a real
hangman’s noose for you.” ¥

He was handed the rope and quickly
and expertly fashioned a hangman’s knot,
after which he was drawn up and left
dangling.

ALLIANCE IN
TREACHERY

(Continued from page 45]

A few minutes later a rumbling logging
truck rolled wearily southward on Old
Gentilly. Its driver, when he was hailed
by a red-haired talkative, bruiser and
his dark, silent companion, both flashing
badges, had no way of knowing they were
not the police officers they pretended
to be. Muttering a vague story about an
escaped prisoner, the pair climbed up’
into the cab and ordered the truckman
to take them out to U. S. 90.

The vehicle could do no more than a
doubtful fifteen miles an hour, and its
slow progress made the new passengers
fidgety. The red-haired man looked out
through the truck’s paneless rear window.
“There’s a car coming—a new one,” he
told his friend. “Let us out here,” he
ordered the driver.

The two climbed down hastily, and
frantically waved at the car behind. It
was driven by Thomas W. Stayton,
thirtyish; and beside him sat an older
friend, Daniel J. Wilson. Both were New
Orleans businessmen.

“We're New Orleany police officers!”
Simpson shouted. “After an escaped
murderer! Need your car! Get out!”

But Stayton was not to be panicked.
He brought his vehicle to a stop and
carefully examined the badges shown him.
Then, expressing his complete willing-
ness to co-operate, he nevertheless firmly
refused to yield his vehicle. “I’ll take you
any place you want to go,” he volunteered,
“but I’m staying at the wheel.”

The pair agreed to this coimpromise.
They hustled into the back seat and the
more voluble leader barked a direction:
“Get us into New Orleans fast! We need
a squad of men!”

Stayton, impressed by the urgency of
his mission, stepped his speed up to 75
and 80 miles an hour. ‘

But then, as the car catapulted through
one village after another, and finally en-
tered Orleans Parish, they took another
view of the matter. For first Wilson, and
then Stayton, had cast a glance backward,
and each had seen a different one of their
passengers with a gun trained frontward.

Still speeding, the car gained the city

of New Orleans. Once in its crowded
streets, the passengers grew tense, and
Stayton and Wilson felt it. It fed their
growing sense that the men they carried
were impostors.

Then came a revealing order. “We've
changed our minds,” drawled the red-
haired giant. “We want to go on to Baton
Rouge. You'd better be making a right
turn soon.”

Positive now he was transporting a
couple of criminals, Stayton wondered
only if they were as familiar as be with
New Orleans’ complex geography. What
he intended to do would be less danger-
ous if they were strangers, but come what
may, do it he would.

Skillfully, he maneuvered the car into
Tulane Avenue’s center traffic lane. A
mile ahead lay Broad Street, and on the
left side, at the juncture of Broad and
Tulane, the Criminal Courts building,
which housed, on its lower floors, police
headquarters.

- A half mile zipped by. “How about
that right turn, Mac!” Simpson rasped.
“What do you want—a slug in your
back?” ,

“Right away,” Stayton stalled. “There’s
a through street up ahead just a little.
That'll take us right out of the city.”

A few more blocks slipped by. Stayton
prayed for a red light at Broad Street.
If his prayer were answered, he could
cut across the. oncoming lane and reach
his goal without risk.of a smashup.

As it happened, he had to take that
risk; at Broad Street the light was green.
The approaching traffic was heavy. Steel-

ing himself, and with a sixth sense that:

his friend Wilson was with him all the
way, Stayton jerked his wheel to the/left,
shot through a hole in the traffic, and slid

his car down the exit of a semi-circular .

ramp which serviced police headquarters.
In doing so, he narrowly missed an
emerging car, a black Ford, and avoided
a collision only by jerking to a stop on the
grass-fringed side of the highway.

Stayton yelled, threw open the door
next to him, and jumped out. Wilson
followed suit, and the two raced for the
protection of a columned portico. Simp-
son and Miller cursed, leaped out of the
car, and their guns spat lead at the re-
treating figures. Neither Stayton nor
Wilson was hit, but one bullet went
through the rear window of the black
Ford coming up the driveway. For the
first time in the history of New Orleans,
gunmen had chosen for their proving
ground the very citadel of the city’s sys-
tem of law and order.

SCIENTIFIC CRIME DETECTION

It Is Easy to Learn!

en and women now suc-
serving In identi-
fication aus throughout
Ausaries. ‘ou, too, may
uickly prepare yourself to
Become ‘a well-paid valued
officerof the law,oftenshar-
ing in the generous rewards
red for wanted criminals.

“BLUE BOOK OVER 800.

OF CRIME” Greil Semper aiaaer in
This bookis full of exciting fret tiene 1.A.8. A

eteteecion iewilanow eit es any of sham ewe
Serv cae eens
a gran . .
Ingly low cost. Clip §7od salar! & fine foture.
amin Now.. Mallittoday. Weiestodar tr va
INSTITUTE OF APPLIED SCIENCE
1920 Sunnyside Ave., Dept. 7311, Chicage 40, m.

bes 10 GS SD Se A EN Om GO Ga Se GS OD Gn GD GO coe Oe
RETR SLAT RESTO cones 40
dren a emit sR

your students or graduates,t er witl woprices §
| oe ey Terme om ao ‘Citerature wil e Tent ONLY to per |
t i) e 9 ry
B Namen. - 2 ee en en en en nen eee eee ene nene 1
i 4
PC Seen ee i
; RFD or Zone Agee ------ H

earn Profitable Profession
in QO days at Home

MEN AND WOME!
Many Swedish Let vndb Loti A a0, $76

m |

fio , . ay fhe Cohege of Swedish Message
ih a APD, on <

t. 942A,41 &, Pearson ,Chicagol1.

IMITATION

DIAMOND RINGS
$1.95 avs $2.95

Beautiful Solitat and Wedding
ri set dia-
Gola
NO

charges on Money-Back Guarantee.
Clark Ring Co., Dept. 1030
Box 5151, Chicago 80, III.

as high as
$3,351 Year
Prepare NOW For

VETERANS GET N E inatt
SPECIAL PREFERENCE |X Xamnalion®
,000 appointments
Many examinations . @ach month
expected soon proccss

City Mail Carriers
City Postoffice yne ; , FRANKLIN

Stenographers-Typists / INSTITUTE
(Not Government

Messengers, Etc. / Centro! ied)

Storekeeper— = Dept. EX 110

Gaugers and others MY Rochester 4, N, Y.

40-Page Book > Rush to me, entirely free
on Civil Service © of charge, 40 page book
FREE © with: (1) A full descrip-

/ tion of U. S. Government
Mall t amet (2) ponts5 rai s.
overnment jobs; (3) Tell me
Coupon / how to qualify for a job.
today— /
SURE / DR RSI ssccsssccvossecnvasarseosvssnteonsesonsnon
* TF Add ress.....cccsccssssssssesesssseenees
/
/ Vat? .. ceceres


Jackson’s phone call served to concen-
trate in the Gonzales area an already
intensive manhunt. Since early afternoon,
more than a hundred police officers—
state, parish, and city—had been scouring
the countryside.

Meanwhile, too, some background in-
formation on the two fugitives had been
gathered. Dale Simpson came originally
from Salt Lake City, Utah. His widowed
mother still lived there, and-he had
five eminently respectable brothers. Mrs.
Simpson had this to say of her son: “I’m
not shocked, only ashamed of what Dale
has done. He’s given me trouble all his
life, and everywhere he goes, he seems to
leave a trail of bad checks behind him.”

Contrary to what Simpson had claimed
about his connection with the California
forestry service, that organization denied
his current employment. He had been on
their staff, they said, but had been dis-
missed after forging a check. Previously,
Simpson had been in the army, but was
dishonorably discharged on April 21, 1948,
from Lackland Air Force base, San An-
tonio, Tex. Since then, he had scattered
$2,000-worth of bad checks all over the
West, and was believed to have met
Eddie Miller at Cheyenne, Wyo.

Miller, on the other hand, so far as
initial inquiries determined, had no pre-
vious criminal record. He had served first
in the Marine Corps and then, in latter
1945, after a brief turn at driving a taxi in
Gulfport, had enlisted in the army. His
last station was at Fort Lawton, Wash-
ington, and he was presently on a 51-day
leave preceding his transfer to Camp Kil-
mer, New Jersey.

By midnight, the legion of manhunters
pursuing Simpson and Miller felt certain
they had their prey trapped within a
twenty-five square mile area, bounded on
one side by the Air-Line Highway, and
on another by the Amite River.

At three in the morning, the perimeter
was even more narrowly confined when
W. H. Davis, of New Orleans, found

Jackson’s abandoned police sedan on a
back road five miles from the point
where the detective captain had been re-
leased.

To aid in the search, bloodhounds from
St. Gabriel-and Angelo prisons were
brought to the scene and put on the trail.
With nostrils dilated, they picked up a
scent and, straining at their leashes,
headed in the direction of the town of
Galvez, several méles away.

The break came at 8:30 that morning
with a phone call to Gonzales, the co-
ordinating center of the manhunt, from
E. V. Richards, principal of the Galvez
school.

“T was standing in front of the school

with some of my pupils just now,”
Richards reported excitedly, “and two
strangers came along. They answered the
descriptions of the wanted men, They
asked me where they could go to get a
ride.and I told them Rudolph Factor's
store on the Mt. Zion road.’ ‘

This information was radioed to a state
police car known to be cruising nearest
this point: It contained State Patrolmen
L. E. Wright and Albert Mechana, and
Leslie Bourque, a Gonzales town mar-
shal. Armed with pistols and shotguns,
these three swooped down on the store,
expecting to be met with a fusillade of bul-
lets. But instead, Dale. Simpson and
Eddie Miller, two cowed and exhausted
men, were found sitting meekly on the
store’s steps. They. offered no resistance,
not even so much as a gesture toward
drawing one of their four guns.

With the delivery of the two criminals
to New Orleans police headquarters,
Chief of Detectives Scheuering, through
tireless questioning, attempted to pene-
trate the pattern and motive at the bot-
tom of the astounding series of crimes.

Finally, out of the welter of their state-
ments, some confusing and others down-
right contradictory, some logical sequence
emerged, Simpson, it appeared, had deter-
mined that Miller was to be his partner

in a contemplated career of crime. But
the two fell out, and Miller decided to
go on his way alone.

Enraged at this threat to his plans,
Simpson decided to get Miller back, and
concocted his warped plan to charge
his intended confederate with theft. The
fact that Miller had actually taken his
gun gave some semblance of credibility
to the theft charge, especially in Gulf-
port, where Miller admitted stealing it.
The detail of the $400, however, seemed
to have been a figment of Simpson’s
imagination, calculated to inspire a more
sympathetic ear from the police.

Up to a point, Simpson's plan worked
well. Through police resources, his initial
objective, the locating of Miller, was at-
tained. But he had not thought out his
second step carefully: the separation of
Miller and himself from the police party.
He had preferred a criminal charge
against his partner and the officers were
determined to discharge their duty by
seeing the case through.

Driving back from Gulfport in the po-
lice car, Simpson had had to improvise.
His first step was to unobtrusively load
the .38 pistol with shells he carried in his
leather briefcase. Then he attempted to
persuade Tardo and Jacob to stop the
car, so he “could take Miller up the road
and beat hell out of him.” Once out of
the car, and with his intention already
whispered to Miller, they both would have
made a break for it.

This plan thwarted by the officers’ in-

* sistence on orderly, legal processes, Simp-
son’s twisted mind resorted to desperate

. measures—murder. Once this mad path
had been embarked on, their other crimes
followed inevitably.

Both men signed full confessions and
at this writing indictments are in process
against each, charging murder and kid-
naping. So impressed with the enormity
of their deeds, both men have declared
that they wish to leave their life insurance
to Detective Jacob's widow.

THE
TENNESSEE
TERROR

[Continued from page 29]

working in the rear of the store. “My part-
ner,” he said, indicating the worker, “was
with me.”

Elaborating at the officers’ request, he
said his companion on the trip was his
partner in business, Sid Tweedy. His
father-in-law, he added, was the Rev.
Elkin Wylers, a well-known Aberdeen
minister,

Wilson stepped to the back of the re-
pair shop and questioned Tweedy. The
man substantiated Teague’s story in every
respect. “We got to Aberdeen before
dark,” Tweedy said, “and didn’t leave
there until we started home yesterday.”

Although there was no reason for the
investigators to doubt the statements
given by Teague and Tweedy, especially
since the waitress had been positive there
had been three men in the car she saw,
which would rule out Teagueand Tweedy,
the sheriff’s office in Aberdeen was asked
to check their alibi. An hour later, a
deputy phoned to report that the Wyler
family had confirmed their stories.

Jackson automobile dealers and garage

76

owners were questioned next and several
owners of old Packards were located, but,
like Teague and Tweedy, their alibis for
Monday night were unshakable.

“Looks like a wild goose chase,” Wil-
son told his partner as they prepared to
leave Jackson. “I’m beginning to think
that little waitress was mistaken in the
number seven on the license plate.”

Back in Memphis, the sleuths learned
that the search for the red convertible
had been terminated only a few minutes
before their arrival. Lewis and Hughes,
they were told, Were on their way to
Raney’s office with the owner.

When the patrolmen entered the cap-
tain’s office a short time later they had
with them a nervous, pale man who iden-
tified himself as John Mylis. Shakily, he
sat down facing Raney and Inspector
Hinds.

Patrolman Lewis said: “Mylis con-
cedes he had words with Parrott the
night of the murder, but denies that he
was anywhere near the liquor store at
the time of the slaying. He says he has
been out of town on business since Tues-
day morning. We spotted his car when
he drove up in front of his home.”

“Tell us about your trouble with Par-
rott,’” Hinds demanded.

* Mylis ran shaking fingers through his
thinning hair and wet his lips. In a hesi-
tant voice, he explained that he had been
entertaining at his home and had driven
to the liquor store for more refreshments.

“Clarence wouldn't sell me anything
and I got sore. We had a few words. I—

I don’t know exactly what I said, but I
had nothing to do with any killing.”

Questioned further, Mylis said that
with him when he and Parrott had their
argument were his wife and a neighbor.
He furnished the latter’s name and ad-
ded: “We drove to another store, got a
bottle and went home. Later we went to
a night club and didn’t leave there until
well after midnight.”

Mylis was detained without charge
while Lewis and Hughes were dispatched
to check his alibi.

“His story seems plausible enough,”
Hinds said when Mylis had left the room.

Raney agreed. “His statement may be
a big help to us, though. To me it sug-
gests a possible motive for Parrott’s slay-
ing. .

“What do' you mean?” Hinds asked.

“Look at it this way. Parrott was dead
set against selling whisky to anyone show-
ing signs of having had too much to
drink. Suppose his killer was a customer
who argued this point and shot Parrott
when the latter tried to evict him from
the place.”

Hinds nodded, slowly. “You may have
something there. That would explain
wey the killer made no effort to rob
him,”

Just then, the phone on Raney’s desk
rang. It was Lewis, calling from Mylis’
residence. :

“Mrs. Mylis and the neighbor verify
Mylis’ story, all right,” Lewis reported.
“But we found a .38 caliber revolver in
his luggage and there are about. thirty

ni ;
tet jig

minutes of his ti
can't be accounte
When Lewis a
headquarte
poured ou
peared, ha
couple to a night
But during the ea
he went out to g:
cigarets, returnin:
Mylis made ne
he had left the n
go to Parrott's
drove downtown
prove it.”
“What time w:
to know.
Mylis shrugge«
{ had no reason
At the store M
a clerk recalled
could not state tf
at 11,” be shrug
been an hour or :
Still nothing ¢,
other. Then the |
‘nicians came tl#
bearing directly
which killed Pa
from the pistol {
He was released
available for poss
With the pass
file on the puzzh
ered with dust a
homicides” draw

Y 1946, the

more than a
Memphis police.
that Deputy She:
to think fast to
when a friend 1
Visit on the after
asked if he rem

Slowly, the ev
before came bac
forgotten,” the
about it?”

The friend, a
tory covered s
came dir¢
some inf f

he decla: \
stopped in a tav«
eral men were

about some mu
discussion of sit

“Finally, one
in his late 20s.
murder here in
everything that
him to say, ‘I k
who killed him

“Any idea wh
lett asked.

His friend sh
carefully as Id
tention, but thc
that he was the
formant paused
wide gesture o}
ask too many
places... .”

Hewlett nod

When his fri
considered this
silence. Experi
some men, in 4
light, will clai
about which the

But there w
friend's story t!
in Hewlett’s m
he took out the
was—"preache!
had told the in
his pastor fath«
lers, in Aberde

ra

se

O BE a good detective, a

policeman must be ready for
any unexpected happening, and if
possible turn the surprise situa-
tion to his own advantage. That
is what Inspector Wallace Flor,
veteran homicide expert of Scot-
land Yard, kept pounding into the
heads of the younger officers, and he
usually cited the murder of Edna Coie
to prove his point.

An 18-year-old Chinese girl with the
Japanese name of Cheyeko was Flor’s
only clue to the whereabouts of Dewie
Coie, an opium addict and husband of
the slain woman. Dewie had: turned to
Cheyeko and the Limehouse section
when he found out that his wife Edna
was reciprocating the attentions of one
Emanuel Spragg.

One night, after awakening from an
opium dream, Coie stole home and
found burning upon a wash basin a
cigaret that he suspected Spragg of leav-
ing there. Then he coldly carried out
his plan, slitting his wife’s throat with
Spragg’s seaman’s knife that Coie had
lifted from him a day or so before. The
knife had the letter S burned in the
wooden handle. Later, the murderous
husband planted a pack of cigarets, the
same brand Spragg left on the wash-
stand; and then he padded soundlessly
from the house. Unseen, he disappeared
into the darkness feeling safe in the
belief that the clues would point defi-
nitely to his wife’s lover as the killer.
Surely the seaman could not escape the
ereencns evidence piled against-

im.

PIE hours later Coie was with Chey-
eko when the police, headed by In-
spector Flor, came up the stairs to the.
girl’s boudoir in Limehouse. Flor told
Coie he was under arrest for the murder
of his wife.

Coie replied calmly, ‘“Let’s see you
prove it. I have been here since 7
o'clock.”

“We will prove it, never fear,” said
the Scotland Yard murder expert. “You
come along with us to your home.”

“Don’t worry, Cheyeko—I’ll be back!
These men have nothing on me.”

But Cheyeko’s almond eyes were
veiled with mystery and worry when

. the officers led Coie away through the

shadows of the sputtering lamps.

Coie was disturbed, but he concealed
it well. He wondered where he had
slipped up. He had planted the knife—
definitely traceable to Spragg—beside
the body on the couch; and he had left
those cigarets that Spragg smoked.

Coie was led to the scene of the crime.

“Don’t tell me this is the first time
you’ve been in this room tonight,” said
Inspector Flor. “We first thought your
old friend Spragg had killed her. In
fact, we spent hours tracking him down.

7404

But at midnight we found Spragg with
an ironclad alibi.”

“Look at those cigarets,” declared the
suspect. “They belong to Spragg. He
smokes that brand, and I never smoke
cigarets. Look at the knife. It is
Spragg’s. The letter S is burned in the
handle. I know many men who can iden-
tify it as his. No matter about his alibi,
Spragg killed Edna.”

“It sounds well, as you tell it,” ad-
mitted Flor. “But actually the cigarets
belonged to a wife, Coie, and we
were misled by them, too. We found
several packs in her dressing table. We
thought as you figured we would, and
wasted our time trying to build up a
case against Spragg. ;

“As I said, we would have arrested
him had it not been for his pluperfect
alibi. But after he was definitely cleared

-of the crime, we started checking on you ©

and the Chinese girl you. were with
tonight when we found you.”

“I would not have turned to her,”
Coie protested, “had my wife not be-
trayed me. She was in love with Eman-
uel Spragg.” :

“Yes, we found evidence of that, too.
But we couldn’t put the murder on him.
‘Then we got to figuring that, because it
looked so much like Spragg had done it
someone must have carefully frame
him. Naturally, we at once began to
suspect you. Everythin we found on
your trail checked and fit perfectly into
the picture, Coie.” ; ,

“But how do you know that Emanuel
Spragg did not kill her?” he asked.

“Because,” said Inspector Flor slowly,
“Spragg couldn’t have. Emanuel Spragg
dropped dead of a heart attack in a tav-
ern at 5 o’clock yesterday afternoon.
Your wife was murdered. quite some-
time later!”

Dewie Coie was lodged in jail to await
trial. Because of the peculiar circum-
stances involved in the crime, the case,
much publicized by the London papers,
aroused considerable interest.

Before a packed courtroom Coie took
the stand in his own defense, but the
jury, unconvinced by his story, returned
a verdict of guilty, as charged.

Sent to prison for life, Coie began his
term of incarceration four months fol-
lowing the commission of his crime,
October 12, 1890.

Coie: died in prison, *ygising that he
had killed his wife to keep her from

Emanuel Spragg, when at the very mo-:

ment he cut his wife’s throat, Spragg
was stiff and cold on a marble slab.
—By Rex Whitechurch, Jr.

ey

The driver of the black car was Assist-
ant Chief of Detectives John J. Jackson,
Sr. Sixty-three years old and a veteran
of thirty-six years on the force, Jackson
was nearing retirement. It was noontime,
and his patrolman-chauffeur was off that
day. Jackson, at the wheel himself, was on
his way home for lunch. .

Before the detective captain could re-

‘cover from his momentary paralysis, the

desperadoes were upon him. “Do as
you're told, old man, and you won't get
hurt!” the red-haired gunman roared,
at the same time throwing open a door
and climbing into the back seat, while his
companion-in-murder rolled into the
front.

A single glance assured. Jackson the
pair meant business, for he saw that three
guns were leveled his way: two from the
rear and one in the grip of the man beside
him. And Jackson was pretty sure he
knew who the bandits-were. Only minutes
before, Tardo’s frantic call from Missis-
sippi had reached Chief of Detectives
Joseph Scheuering.

“Drive out of here—right away!” was
the next command. “Head for Baton
Rouge!” , ;

Jackson, helpless, headed the car down
Broad Street and turned at Bienville.
Then, after a few blocks, he went out
City Park Avenue, passing directly in
front of the Sixth Precinct police station.
A uniformed sergeant, standing’on the
curb and recognizing the car and its
driver, but with no knowledge of the tense
situation involving both, saluted sharply
and called: “Hi, Captain! How are things
down at headquarters?”

HILE Simpson and Miller stiffened,

the detective captain, driving on,
smiled thinly in reply. “Good grief,
Eddie!” Simpsgn jeered. “See what we've
done! We go to kidnap a guy, and who do
we get? A police captain! Frisk him, and
I bet you find another gun to add to our
collection!”

Miller performed this task, and both he
and his friend laughed raucously. “Don’t
worry, old man,” the red-head assured
Jackson. “You get us out of town and we
won't hurt you. We got respect for age.
Yessir, we sure have.”

Jackson turned off City Park Avenue
at Matairie Road. From there he drove to
the Air-Line Highway, a north-south
artery connecting the Crescent City with
the state capitol. His captors, however,
fearful of running into a police road block
on a main route,’ordered Jackson off the
Air-Line Highway, and directed him to
turn first right, then left, then right again
through a maze of back roads.

In spite of the assurances of the pair,
the detective captain felt that any moment
might be his last; he would sooner have
taken the guarantee of an aroused rat-
tler not to strike. His captors were not
acting rationally, he could see; sheer
panic guided them in their random flight.

Jackson attempted to calm them.
“Listen, boys,” he advised, “you're fight-
ing a losing battle. Why don’t you sur-
render and let me take you in?”

Simpson would have none of it. “You'd
be a hero if we did, huh, old man?”

One inadvertent turn brought the Ford
back to the Air-Line Highway. After
a few miles along it, again in a north-
erly direction, Simpson and Miller dis-
covered they were out of cigarets, and
ordered their reluctant driver to pull up
at a roadside tavern.

While Simpson guarded Captain Jack-
son at gun point, Miller went in for the

smokes. Through the screen door Jackson -

could see the bartender and a flashy bru-

nette inside. It was n
tive felt; there stooc
a few feet aw
less to signal
Ironically |
receive a Signa: vue
Miller was leaving, t
off a prograin ot
police bulletin addre
three states:
“Attention, pleas:
are at large som:
Orleans area. They
a third man—a kid:
It's a black Ford
ana license numbe:
four-three... Wet
five-four-three. . -
attempt to appreh
are heavily arme:
you see them, nor
Their descriptions
But with comp
heartbreaking ob —
tender unconcerne ,
the cigaret sale. Mg
in his tracks and s
at the girl to sec
port of the radio }
stole into his trous
the butt of his re.
The girl, as un
of the tense situat
sudden death, mer
ing dark youth b:
invitation. Shruge
sumed his exit to

HE trio of m

along the hig!
At Sorrento—tw
Baton Rouge—J:
turn down a sid
Brittany. A mile
road and. Simps:
beaten and most ¢
house.

“Look, Eddie,
a place We can
man, and stop.

Miller |
open a de
he called,

This is it, J?
going to kill im
that an empty he
any. Neverthele:
as though walk
he preceded Sn

But for the n
terests of the t
on themselves
They were lite:
strain of their
flopped on a bro
of the four sin
sinking into a ¢
legs outstretche
hard.

Jackson sens:
Deep within tl
weary—Dbone at
and wanted or
this frantic ni
in the extremit
son saw a slenc

“Listen, boy
softly, persuas!
tone as he coi
old man with t
on the police |
police all over
you. The road

“Let me go
ring and we'll
a trial—give :
headquarters ©
whole lot bett
trying to run,


car was Assist-
ohn J, Jackson,
and a veteran
force, Jackson
t Was noontime,
‘ur was off that
himself, was on

ptain could re-
y paralysis, the
him. ‘Do as
you won’t get
unman roared,
‘f open a door
: seat, while his
led into the

d Jackson the
saw that three
: two from the
the man beside
oretty sure he
. Only minutes
| from Missis-
of Detectives

it away!” was
ad for Baton

1 the car down
at Bienville.
he went out

1g directly in

police station.

(nding on the

ar and its
of the tense
‘ed sharply
uw are things

‘iller stiffened,
, driving on,
“Good grief,
ee what we've
y, and who do
‘risk him, and
to add to our

<, and both he
ously. “Don’t
head assured
town and we
spect for age.

Park Avenue
e he drove to
north-south
ent City with
rs, however,
ce road block
ckson off the
ected him to
n right again
rads.
s of the pair,
any moment
sooner have
aroused rat-
Ts were not
see; sheer
indom flight.
calm them.
‘you're fight-
n't you sur-
in?
of it. “You'd
man?”
ght the Ford
hway. After
in a north-
Miller dis-
‘igarets, and
> pull up

1in Jack-
it in for the
loor Jackson .
i flashy bru-

e

nette inside. It was maddening, the detec-
tive felt; there stood potential help only
a few feet away, and yet he was power-
less to signal for aid.

Ironically enough, the bartender did
receive a signal, but not from Jackson. As
Miller was leaving, the tavern radio broke
off a program of hot music with this
police bulletin addressed to the citizens of
three states:

“Attention, please! Two armed killers ,

are at large somewhere in the New
Orleans area. They may or may not have
a third man—a kidnap victim—in the car.
It's a black Ford sedan bearing Louisi-
ana license number seven-two-dash-five-
four-three. .. We repeat: sevcen-two-dash-
five-four-three. . . You are urged not to
attempt to apprehend these men. They
are heavily armed and dangerous. If
you see them, notify the police at once.
Their descriptions are as follows. .'/’
But with complete and, to Jackson,

heartbreaking obliviousness, the bar--

tender unconcernedly finished recording
the cigaret sale. Miller, however, whirled
in his tracks and shot a questioning look
at the girl to see if she realized the im-
port of the radio message. His left hand
stole into his trouser pocket and rested on
the butt of his revolver.

The girl, as unaware as the bartender
of the tense situation and the nearness of
sudden death, merely eyed the good look-
ing dark youth back with a look full of
invitation. Shrugging in relief, Miller re-
sumed his exit to the car.

.

HE trio of men resumed their drive

along the highway, but not for long.
At Sorrento—twenty-seven miles from
Baton Rouge—Jackson was ordered to
turn down a side road leading toward
Brittany. A mile and a half down this
road and.Simpson sighted a weather-
beaten and most evidently. deserted frame
house.

“Look, Eddie,” he pointed. “There's
a place we can hide. Pull up, back, old
man, and stop.”

Miller got out, reconnoitered, kicked
open a door, and peered inside. “Okay,”
he called, “nobody's here.”

This is it, Jackson thought; they’re
going to kill me anyway and they'll see
that an empty house is as good a place as
any. Nevertheless, he had no choice, and
as though walking in his own cortege,
he preceded Simpson into the building.

But for the moment, however, the in-
terests of the two killers centered more
on themselves than on their prisoner.
They were literally exhausted from the
strain of their vicious activities. Miller
flopped on a broken-down army cot in one
of the four small rooms and Simpson,
sinking into a chair in the kitchen, with
legs outstretched and head back, breathed
hard.

Jackson sensed the state of their minds.
Deep within them, he knew, they were
weary—bone and nerve and soul weary—
and wanted only one thing—an end to
this frantic nightmare of pursuit. And
in the extremity of their condition, Jack-
son saw a slender chance to save himself.

“Listen, boy,” he addressed Simpson,
softly, persuasively, and in as fatherly a
tone as he could muster. “Listen to an
old man with thirty-six years’ experience
on the police force. You can't win. The
police all over the state are looking for
you. The roads are all. blocked by. now.

“Let me go out and call Chief Scheue-
ring and we'll protect you until you get
a trial—give you safe custody back to
headquarters in New Orleans. That’s a
whole lot better than being. slaughtered
trying to run a police blockade.”

Simpson gave the thought sober con-
sideration, He looked down at the two
guns he was holding, and made an abrupt,
uncoinpleted gesture as if to hand them
to Jackson. But one thing ‘seemed to
bother him. “I'll have to talk it over with
Eddie,” he said.

He walked into the adjoining room, and
Jackson could hear the low rumble of
voices. Then Miller spoke aloud: “No,
I won't do it. I’ll take my chances this
way.” Simpson came Wack out. “That’s
the answer,” he told the detective captain.

‘Then the red-head went off on a differ-
ent tack. “How much money you got on
you, old man?”

Jackson knew exactly. He had cashed
his paycheck that morning, preparatory to
paying some bills, and in his pocket was
$141. Simpson ordered him to place the
bills on the table, and he complied.

At that moment, the outer door opened,
and a man and a boy entered the house.
The man, with a proprietary air, looked
puzzled. “What are you doing here?” he
demanded.

Simpson had a smooth, ready answer.
“We're police officers,” he declared.
“We've been out all day on that New
Orleans murder and kidnap case, and
we're just resting. Show him your badge,
Captain.” :

Jackson resignedly flipped his coat
lapel. The presumed owner of the house,
together with the boy, nodded and with-
drew. If they had seen the money on the
table, it did not appear to impress them.
But Simpson sensed danger in their
calm acceptance of the situation, and a
few moments after they'd gone, he got
Miller to his feet, and prodded Jackson
back to the driver’s seat of the Ford.

They were off again, and again they
drove aimlessly, frantically, and, as it soon
becaime evident, hopelessly, over one back
road after another, knowing little ant
caring less where they were, until finally
it grew dark. Then, after passing a farm-
house, they ordered Jackson to stop soine
300 yards beyond it.

“This is the end of the road for you,
old man,” Simpson announced. “Get out
of the car.”

Moving woodenly and with a gone feel-
ing at the pit of his stomach, Jackson
complied. “We'll send you your gun in
the mail,” Simpson laughed crazily. “Now
start walking back toward that house.”

The detective’s legs functioned auto-
matically to perform what he believed to
be his last conscious contact with the
good earth. At any moment he expected
to hear the death knell of shots and to
feel the hot impact of bullets in his back.
But his incredulous ears heard only the
grinding of gears, the roar of the Ford’s
motor, and then he was alone on the
dark, silent road. His ordeal was over.

Jackson gained the lighted house ahead
and knocked on the door. To the owner,
Newton A. McCrory, the detective iden-
tified himself and hurriedly told his tale.

McCrory explained that his home was
located in the town of Hobart, Ascension
Parish, some two miles from the Amite
River and 23 miles from Baton Rouge.
McCrory had neither car nor phone, and
indeed, he said, the nearest phone was in
Gonzales, seven miles away. However,
the householder’s neighbor, Tom Den-
ham, only a few hundred yards down the
road, did have a car, and he was sure
Denham would be glad to drive Jackson
to Gonzales.

Such proved to be the case. A half hour
later, from the Gonzales telephone ex-
change, Jackson talked first with Chief
Scheuering in New Orleans, and then
with Hickley Waguespack, sheriff of
Ascension Parish.

PIPE COLLECTORS

IMPORTED ‘‘HUNTSMAN’”’

Here is an unusual Bohemian
pipe imported direct from
ey” \\\ Czechoslovakia. For a new

smoking thrill, try this rare
and beautiful old-world pipe.
Genuine briar bow! packs a
heap of cool, sweet smoking.
Has hinged lid for draft con-
trol. Length 6%”. Remov-

impacted able bottom for easy clean-
Bowl ing. Just mail coupon. Upon
delivery pay postman only
$2.95, plus
delivery.
eee
ack if pipe
pe oe is returned
rn ree |
within §
ONEY days. Quan-
$2.95 tities limit-
Ld ed — send
coupon

SEND NO MONEY NOW!

fe 24259 8 on eo
MARK FOSTER, Dept. ‘H5!
179 Wooster St., New York (2, N. Y.

I
Please send the Huntsman pipe as advertised.
| On arrival, 1 will pay postman only $2.95, plus |
delivery. If not delighted 1 may return pipe un-
T smoked within 5 days for refund. |
{Name of
| Address 1
CUP sedscccvcpisccvesersscngsenasenssees? SOONUD seuss State...
| NOTE: If remittance is included with coupon, |

we pay delivery charges.
at on Gt eo we am on os oe on oe oe oe

RUPTURED?

Get Relief This Proven Way

Why try to worry along with trusses that gouge
your flesh——press heavily on hips and spine-—-en-
arge opening—fail to hold rupture? You need the
Cluthe. No leg-straps or cutting belts, Automatic
adjustable pad holds at real opening-—-follows every
body movement with instant increased support in
case of strain, Cannot slip whether at work or play.
Light. Waterproof. Can be worn in bath. Send
for amazing FREE book, “Advice To Ruptured,”
and details of liberal truthful 60-day trial offer.
Also endorsements from grateful users in your
neighborhood. Write:

Cluthe Sons, Dept. 641, Bloomfield, New Jersey

STUDY AT HOME for Business
Success and LARGER PER-
SONAL EARNINGS. 40 years
expert instruction—over 114,000
students enrolled. LL.B. Degree
awarded. All text material
furnished. Easy payment plan.
Send for FREE BOOK NOW!

AMERICAN EXTENSION SCHOOL OF LAW
Dept. 10-FM, 646 N. Michigan Ave., Chicago 11, Illinois

ATTENTION!

Swap Neckties! Do you have from one to six
ties you are sick of? Send them to us and we
will replace them with six handsomely cleaned
ties we got same way. Just pay postman $1
plus postal charges.

UNIVERSAL TY EXCHANGE
637 Princeton Ave., Birmingham, Ala.

ee

Men’s Genuine Simulated
Diamond Ring

Simulated Men's Diamond Ring approximately 1%
catat in size, set in heavy prosperity mounting. So
real your friends can hardly tell the difference from @
genuine diamond even on close inspection. It is the
nearest approach to a Diamond known to sclence. Will
atand fire and acid test. A perfect reproduction of ex-
pensive Diamonds. Send No Money—just name and
ring size. On arrival pay Postman $2.95 plus 20% Fed-
eral Tax and C.0.D. postage, Wear it 10 days if not
satisfied return for your Money Back. If you send Cash
we pay postage.

CHICAGO DIAMOND IMPORTERS
Dept. 27, 2301 E. 71st, Chicago 49, Ill.


{ i! a uy
ue ae 7? ;
S1X LLLo
Wer fa 1 ee ‘ Y .
¢ ° ‘

i ots ape “FRIDAY, OCT, 21, 1983, Lak ro
wT UL Ral Ban @ Charles American P,
for. Q Are ICT... lar

Sonnier first-degree murder
case by ‘the time.the trial ad-

journed Thursday. in, 14th Judi-

“el District Court.
+The trial will continue in its
fifth day when court Te-convenes

as a.m. today, Oct..21j1190) seston

_£A total of 12 jurors and two
alternates must be selected be-
fore testimony can begin... ...

\¢

Thus far 24 persons have been -

interviewed: for.’ possible. jury
‘service.: The: prospective. jurors
are being subjected to intense

questioning by District Attorney -

Leonard Knapp Jr. and espe-
cially by defense attorneys Al
Gray and Gene Thibodeaux. |:

~» Seated. jurors. are being
“sequestered — or locked up —
for, the quration of the trial. The

. { Only six jurors: had been se- first juror ‘selected on Tuesday _
lected* to“ hear “the “Emerick has. been ‘sequestered from: the ..

al

moment she was sworn in as a

regular jury member, and the.

irs picked

‘Same procedure has been uti-

lized following the selection of

the other two women and three .

.men now seated on the jury.

local motel when court is not in
session. They are being trans-

especially for use during the

trial. ‘

sew Sonnier is charged in connec-
tion with the Dec. 2, 1982, :shoot-
ing death of Lake Charles City

Police Officer David Hampton.

Hampton was shot twice during

»: Jurors are being lodged at a.

. ported to court in a van rented ,

a scuffle which ensued while he
. and his patrol partner were at-''

~ tempting to issue a routine traf-

fic citation to Sonnier, —

t

Jurors are selezted

for trial of S

The first-degree murder trial of
Emerick John Sonnier, now in its
eighth day, may finally get off the
ground after selection of a 12-member
jury was completed late Monday.

The final three jurors were se-
lected after a special Saturday court
session yielded the selection of only
two jurors.

Opening statements are expected
to be presented today, Oct. 25, by
District Attorney Leonard Knapp Jr.,
who is personally prosecuting the
case, and by one member of the
defense team of Gene Thibodeaux and
Al Gray. rane

Sonnier is charged with first-de-
gree murder in connection with the
Dec. 2, 1982, shooting death of Lake

Charles City Police Officer David:

Peter Hampton, 22. ©

Knapp is seeking a death penalty
for Sonnier, who is charged under
state law which makes the killing of a

; ‘
fake Charles American Press 3

lhlics

police officer in the line of duty a
capital offense.

Knapp is being assisted by Charles
W. Richard Sr., first assistant district
attorney. Judge John A. Patin is
presiding at the trial which began
Oct. 17 in 14th Judicial District Court.

Testimony in the trial is expected

to last for at least one week. Knapp

has subpoenaed about 25 witnesses,
and the defense attorneys are ex-
pected to call at least that number, if
not more.


Knapp: Sonnier verdict

By ANN M. MCMURRY
American Press Staff Writer
The not guilty verdict re-

turned on Emerick John Sonnier
‘was shocking and disappointing,

Leonard Knapp Jr., Calcasieu.

Parish district attorney, told the

Kiwanis Club of Lake Charles .

Thursday.

“We gave 100 percent in our’

effort to try that case,” Knapp
| told the Kiwanians.

Sonnier, 30, was acquitted of
the shooting death of Lake
Charles police officer David
Peter Hampton, 22. The jury
apparently determined that

Sonnier acted in self-defense.

“I was deeply shocked by the
verdict,” Knapp said. Knapp.

Said he tried to understand the
verdict, but he couldn’t, and
Said it is almost impossible to
speculate.

“I was very disappointed in:

the verdict,” he continued. “But
there is no recourse. The state

'Can’t appeal it and it’s over.”

Knapp has come under criti-
cism by some persons since the
verdict was rendered. Many
questioned why he sought a
first-degree murder charge in-
stead of second-degree murder

or manslaughter,

The district attorney said
jurors in the case could have
returned a verdict of ‘Second-
degree murder or manslaughter

However, the jury returned a
verdict within 70 minutes, so “I
don’t think they gave much
thought” to the other alterna-
tives, Knapp said.

Sonnier was charged with
first degree murder after evi-
dence was presented to a grand
jury, Knapp said. “They (grand

Shocking, disa

jurors) make the decision as to
what indictment should be re-
turned. They listened to the evi-
dence and returned an
indictment for first degree mur-
der.

“It fits the Statutes,” he said.

The killing of a police officer in

the line of duty constitutes first
degree murder under state law,
Knapp said.

Knapp said his office and law
enforcement officers have re-
ceived calls of Support since the
verdict, although the community
was apparently disappointed in
the verdict.

On other issues, Knapp said
the number of cases going
through the criminal justice sys-
tem is increasing. When he took
over as district attorney, he
said, 28 weeks out of the year
|were set aside for felony trials.

| But, working with the 14th:

Judicial District Judges, that
number is increasing, and. in
1984, 48 weeks will be set aside
for felony cases, he said.

In 1978, there were 332 felony
convictions, and in 1982, there
were 1,093 felony convictions,
Knapp said, for an increase of
229 percent.

FRIDAY, NOV. 11, 1983, Lake Charles American Press 9

Ppointing

Despite the increase in the
number of cases going through
the system, the actual cost to
the taxpayers has decreased,
Knapp said. In 1978, the Calca-
Sieu Parish Police Jury provided
$558,000 for the Criminal court
System, whereas in 1982, that
figure had dropped to $359,000
for a 35 percent decrease.

Knapp said there has been a
tremendous increase in fines
and forfeitures collected, which
means persons breaking the
laws are Paying for the criminal

court system to a greater ex-
tent.


Silm.

A Lake Charles man accused
of resisting Police officers who
were attempting to arrest him

and his brother in connection |

with the shooting of a city police
officer last December was fined
Thursday when he entered a no
contest plea in 14th Judicial
District Court.

Judge John A. Patin imposed
a fine of $150 and court costs or
10 days in jail on Silman Charles
Sonnier of 308 Bank St.

Sonnier pleaded no contest to
resisting an officer. A charge of
simple battery was dismissed.

Sonnier and his two brothers
were indicted by the Calcasieu
Parish Grand Jury on various
charges stemming from the
shooting. death Dec. 2, 1982, of
Patrolman David Peter Hamp-
ton, 22.

an Sonnier fined.on

Hampton was shot twice dur-
ing a scuffle which ensued while
he and his partner, Officer
Bennie Gaspard, were attempt-
ing to issue Emerick John
Sonnier, the oldest of the three

. brothers, a ticket for having an

expired license plate.

Emerick Sonnier, who was
also shot during the exchange of
gunfire, was indicted on first-
degree murder. He pleaded self
defense and was acquitted Oct.
31 after a 13-day trial.

Manslaughter charges are
still pending against Jude
McDonald Sonnier, also known
as Donald Sonnier. Witnesses
during Emerick Sonnier’s trial
indicated the scuffle began after
the policemen attempted to ar-
rest Donald Sonnier on a charge

. Of resisting an officer.

Silman Sonnier was indicted
on two misdemeanor charges,
resisting arrest and simple bat-
tery. Non-jury trial on those
charges .was. Scheduled Thurs-
day. sera

Judge Patin, who had
presided during Emerick

Sonnier’s trial, was by chance

also presiding when the younger
Sonnier’s case was cailed for
trial Thursday.

Then, Lydia Guillory-Lee, as-
Sistant district attorney,
dismissed the simple battery
charge, and the defendant,
through his attorneys, Al Gray
and Gene Thibodeaux, entered a
guilty plea to the resisting an
officercharge.

Judge Patin at first indicated
he would study offense reports
and other pertinent material in

» BS.

E

connection with the’ charge and

would sentence Silman Sonnier .

on Nov. 14, ‘

However, when complications
arose over the defendant’s re-
maining free on bond until that
time, Gray asked the court if he

and Guillory-Lee could explain :

the circumstances to the judge.

Guillory-Lee told the court

' the resisting charge did not in-

volve the incident during which
Officer Hampton was killed. Sil-
man Sonnier was charged with
resisting the officers who later
appeared at his Bank Street

*. home to arrest him in connec-

tion with that earlier incident.

The witnesses’
Guillory-Lee
indicate that Silman Sonnier

“did not initiate any of the

sisting officer

blows” ‘he ‘inflicted. The
.ance came ‘when officers. were.

statements, |
told the court,

© “FRIDAY, NOV.'11, 1983; Lake Charles American Press T 1

Ivalpiptre ane

attempting to place handcuffs on
the defendant and the defendant
attempted to push the officers
away, the assistant D.A. said: ”:
_ Gray concurred ‘in the prose-
cutor’s version of the incident.»

The ‘simple’ battery charge |
which was dismissed had ac- |
cused Silman Sonnier of striking |
Officer’ Hampton during the |
earlier scuffle which ultimately
led to the patrolman’s death. —

harge ©

a

parking lot of a Mill Street
liquor store.


oe “T"MAY GET NEW EXECUTION DATE ©“
= Court Lifts Sonnier Stay

NEW ORLEANS (AP)—A___ Sonnier also argued that need to be loaded with such
federal appeals court has the state law which allows specifics.
lifted its order blocking the the death penalty does not a : th
execution of Elmo Sonnier of specify what ‘‘aggravating. Among Sonnier’s o ot
New Iberia, convicted of the and mitigatin-g appeals was a challenge o
lover’s lane murder of two circumstances” of the crime the way his car was searched
teen-agers inIberiaParishh make an execution and an argument that he rh
A three-judge panel of the permissible. denied sufficient psychiatric
5th U.S. Circuit Court of | But the appeals court said examination.
Appeals on yesterday set the U.S. Supreme Court has The appeals court rejected
aside an order it issued on ruled that the law does not both.
Aug. 17, just 32 hours before
Sonnier was to die in
Louisiana’s electric chair,
.-1In a 17-page decision, the
_ appeals court rejected all of
‘Sonnier’s arguments,, as.

meritless, yo RR

“Unless: Sonnier’s. lawyers ::

jet another court order from

e U.S. Supreme Court, the Advertiser, Lafayette, La., Friday, Nov. 11, 1983

case will go back to the trial
court’ which will-set-a new. .
execution date. .
Sonnier, 34, was convicted
in 1978 of murdering Loretta. ®
“Ann Bourque, 18, and David
LeBlanc, 16, two New Iberia ;
high school .students who |
were engaged tobe married.
‘Sonnier and his brother '
Eddie confessed to police — ©
but denied it at their trials — ‘
that they came upon. the
couple parked in a.car in a °
secluded wooded area. They .:
said they pretended to be
licemen; handcuffed - the
overs, and drove them over
22 miles of back roads before ‘
stopping at a sugarcane field:
near New Iberia.
They hancuffed LeBlanc to *
a tree, raped the: gee 4
woman and then forced both:
to lie face-down on the .
ground. Elmo Sonnier was
convicted of firing three rifle ::
bullets into each one’s head ©
while his brother held a light.
‘The’. Louisiana’ Supreme ;
Court later reduced Eddie {
Sonnier’s sentence to life :
because he did not pull the -
trigger. The court ordered a;
second sentencing for Elmo
because of a trial error...»
* At that hearing, Eddie said.
it was he who pulled’ the
trigger, not’ Elmo, but: the
_ jury did not believe him and -
ordered a new. death sen- ;-:
| tence. FAD gels dae Re aig
“4 In ° this - aye Wogyrbe
-lawyer argued  about,: the :;
Feclasion of jurors Votan
ie against the death
penalty, but the 5th Circuit «
said the argument had no.

pinnae <a a

¥


>)
: Lousiana Compense ge. eee
Ng 4/7/54 Negro Sam. SH Mary s /arish

Opelousas Courver J/As/§ 4 fi mentions Case.
quotes The Franklin Banner (which /$ Jost). He
was Condemned ter an agoravayed assault on hry
overseer, Mr. Valiere Robichaud.

BY MICHAEL KROLL
NLESS THE governor. in-
tervenes, the state of

U Louisiana will execute

Robert Wayne Sawyer on Friday
— aman with the mental ability

campaign by advocates of the
mentally retarded to’ block the ex-
ecution is garnering impressive
support among residents of the
state. If Sawyer is spared, Louisi-
ana could join a growing list of
states that have exempted those
with IQs below 70 from sufferin
the ultimate penalty. =

What's surprising is that the.

long known for its harsh law-and-
order views. In 1987, Georgia be-
came the first of 36 states that

use against the mentally retard-
ed. The ban followed a public and
- media outcry over the state’s exe-
cution of a mentally retarded
man who signed a confession he’
could not ‘read, later explaining
that he wanted to help “my
friend” — the police detective
who persuaded him to sign. Since
‘the Georgia ban, Kentucky, Ten-
nessee, Idaho, Maryland, and
_ New Mexico have also prohibited
execution of the retarded.

in Louisiana with the case of Rob-:
ert Wayne Sawyer. In 1980,'Saw-'
yer was convicted, along with a
co-defendant, of»:the:, beating
death of the baby-sittér of ‘his
girlfriend’s child. While the co-de-
fendant, of normal intelligence,
was given a life sentence by his
jury, Sawyer’s jury imposed
death.

Thanks to an inexperienced
and ill-prepared attorney, virtu-
ally nothing about Sawyer’s ex-
tensive mental health history
ever surfaced in his trial. Yet that
history included repeated diag-
noses of mental retardation dat-
ing back to the first grade, multi-
ple commitments to state mental

shock treatments at 16), and evi-
dence of frontal lobe brain dam-
* age and an abnormal EEG. When
these facts were finally consid-

cial: body in November

of a small child. But.a vigorous ~

Moy OS oe

campaign is scoring its greatest”
successes in the South — a region °

have the death penalty to ban its:

Now the battle has been joined.

hospital (including repeated .

ered for the first time by an offi- .
1991,'the _
ye ss } ‘ eas tr nT

com kes creep pe thy eee ee pes ee

ate" pardon board: voted to ‘réc"”
ommend, commutation’ to .then-

ie}

Gov. ‘Buddy.

jected the'reconimendatior! :

oemer, “Roemer re
“Last year, the Supreme Court

as

— which*had already held that’, :dation and the fact that'the jury
“that triéd him was unaware of it.

executing the mentally retarded

did not violate the constitution —— -
upheld a lower court ruling that

procedural time limits. barred

Sawyer from seeking: review? in’
the federal courts. Sawyer, in ef-

fect, would have to bear the con-.
sequences — death by lethal in-
jection — of his lawyer's failure
to make his jury: aware of his
mental condition. The Court’s de-
cision left Sawyer’s fate solely in
the hands of newly elected Gov.
Edwin Edwards. .” :

- Although Edwards, ‘insists yhis
decision: will not’ be’ political,
there are signs that the campaign
to’ save Sawyer, spearheaded~,
by. the Association for Retarded’

Citizens of Louisiana — is having «

asked for an audience with Ed,
‘wards,{for example, jhe, declined: ¢
Within days the group mounted a.
huge billboard at; the freeway .
exit near the governor’s mansion.
“Dear Governor Edwards,” it
read. ‘Please don’t: execute per: ',
sons with mental retardation.
Save Robert Wayne Sawyer.”’ A
week later the governor ‘had his
lawyer meet with the group,
which included the. president: of:
the state AFL-CIO, who has been’
at the forefront of the effort to.
ban the execution’ of the mentally
retarded in Louisiana.

In the meantime, there has
been a shift in the media’s por-
trayal of the story.. Until the bill-
board, the’ principal-.theme:. of -

most stories’ focused“on the}fact."

rafter 20 electrocutions. Since the.
S-pillboard,. news. stories have: fo-~

.opinion..On February 11, Market-

‘against the death penalty if the

“No one knows ‘the exact’ num-

an effect? When’ the “ARC: first‘ :death row ;inmates. California's

‘the South has learned some im-

other. part of the country. Per-
‘haps it has something to teach .

“only now at the stage Georgia and

Tea
i er. an
=e tA + »
of ee iTS
ee PAL) # |e
nas a ne df
os
4

=
=

fe: 2a ‘ Mae & Be: oa 3
; ie @{2-

that Sawyer would be Louisiana's
‘first execution by lethal injection

cused on Sawyer’s mental retar-.

. The biggest impact of. the cam-
paign, however, may be on public

ing Research Institute conducted
a statewide poll which revealed
that while two-thirds of the re-
spondents favored the death pen-
alty, more than three out of four
(78 percent) said they would vote

defendant was mentally retarded.
Only 9 percent ‘still favored the °
death penalty in such cases.

Se

ber of people under sentence of
death.who:suffer mental retarda- -
tion, but it is:estimated to range
from 10 percent to 30 percent of

first victim of the gas chamber in -
26 -years :was;mentally impaired
Robért ‘Alton Harris; who'was ex- °
ecuted last April. :

If Sawyer is spared on the basis
of his mental retardation, it will
provide yet another example that

‘portant lessons from its, capital
‘punishment experience, both lon-
ger and more intense than in any
states like. California, which are

Louisiana were 10 years ago.

Michael Kroll, former head’ of the
Death Penalty Information Center, is
an: associate editor for the Pacific -
News Service, - <7 GB
‘, i Ay VP Xy i Eve = he

a” SE ST ee ee eee

ee oe)

L ~ gan Jose Mercury News * NEWS * Tuesday, March 2, 1993

Ru


TUESDAY, NOVEMBER 12, 1991 THE TIMES-PICAYUNE]

Parole board votes
against execution

From staff and wire reports

BATON ROUGE — The state
Pardon and Parole Board voted
3-2 Monday to recommend that
Gov. Roemer commute the death

sentence.of Robert Wayne.

Sawyer to life imprisonment.

Attorneys speaking on Sawy-.

er’s behalf had argued that. he
should not be executed for mur-
der because he is mentally re-
tarded and mentally ill.

Sawyer is scheduled to die
early Friday for beating, raping
and burning Frances Arnwood of
Avondale, who was baby sitting
for his girlfriend.

If the execution is carried out,
Sawyer would be the first Louisi-
ana inmate to be put to death by
lethal injection.

“Because of his crippling

mental disabilities, he is not as
culpable,” defense attorney Neal
Walker told the state Pardon and
Parole Board. “The state of Lou-|
isiana should recognize that peo-| .
ple as crippled as he is deserve|
mercy. We’re not saying ‘Let him
off,’ but ‘Let him spend the rest
of his life caged within the walls
of Angola? ”

Nicholas Trenticosta, director
of the Loyola Death Penalty Re-
source Center, which has been
acting on Sawyer’s behalf, said if |
the jury that convicted Sawyer |
had known of the mitigating
circumstances, it would have sen-
tenced him to life imprisonment.

Sawyer has an IQ of 68 — 32
points below average, said Ruth

Lukasson, a professor of special

See EXECUTION, next page |

(Lousiana)

Death-row inmate Robert Wayne Sawyer listens: as. mem-'
bers of the Pardon and Parole Board:review his case... ~

Beas

Execution |

From B-1

education. at. the. University. of.
New: Mexico. who: spent four:

STAFF PHOTO BY. BRYAN S. BERTEAUX

The woth rela-~
tives and friends
have asked. that ©

ane Decay, taekiats Seyer, Sawyer die for what

the defense, . es
Sawyer Sige at ou

a chides prosecutors call the

grade: level and'can dor ‘simples *}771.0St- VICIOUS. crime’

addition: and: subtraction: — sec-.

ond-grade arithmetic, she-saids-23 + Wet. OFT.
A’ number: of: ireumstancan-“histOry nite

both before Sawyer was born an
after his birth, could have _

tributed to: the: retardation, Laeger TREE ae
kasson said. Reba tence for the murder; laughed

Sawyer’s mother t was coding |
raped and physically abused dur-'~
ing her pregnancy, was taking::>.
medication for various. illnesses™:::

related to pyegnancy and did not;

get the proper care, she said.

tures:of. Sawyer’s hands and face.
may be an indication that he is a ¢-
victim of fetal alcohol syndrome.

Sawyer’s mother tried to
smother him.and his twin sister,
Betty Jane, and loss of oxygen
can cause brain damage, Lukas-
son said. Sawyer’s twin eventu-
ally was taken in by an aunt.

Arwood’s relatives and friends
have asked.that Sawyer die for
what prosecutors call the most
vicious crime in Jefferson Parish
history.

Testimony at the 1980 trial re-
vealed that Sawyer and Charles
Lane, who is serving a life sen-

. and: joked: as. they poured hot

“coffee. and scalding. water on

Arwood, doused her with lighter
fluid: and set her on fire.

Ee At one point, according to

S testi mon ». Saw er knocked
In addition, she said, some fea.’ ean . ¥ y

‘karate kick to the chest. Arwood,

unconscious with a fierce

-- who was 23 at the time, was in a

“coma for two months: in. 1979 be-

fore she died of severe burns. and
brain damage... ~~~ --

Sawyer was: scheduled for exe-
cution in August. The 5th U.S.
Circuit Court of Appeals set aside
the execution to hear his appeals.
then upheld his conviction last
month and dissolved its stay.

Defense attorneys claimed that
Sawyer should not be executed
because of his mental problems.
and that key evidence was with-
held from his 1980 trial.


z

Ph AG I

~~

James Gill

The sparing of RobertiSawy yer’ *

Times ficdy une Nov. /

his seems like an appropriate day to

aggravate the right-wingers with

some bleeding-heart stuff, so let us

rejoice that Robert Sawyer got a last-
minute stay of execution.

Sawyer was to have won the distinction
Friday of becoming the first man put to death
in Louisiana’s new and humane era.

Out goes the barbarous old electric chair,
and in comes a comfortable gurney and a
fatal needle. Just lie there and you'll just feel
a little pinprick. My, the way they molly-

_coddle criminals these days.

But the U.S. Supreme Court has spared
Sawyer even that civilized quietus, at least for
now.

Gov. Buddy Roemer earlier showed he is
still made of sterner stuff, even though enjoy-
ing a lame duck’s freedom from political
pressure, and rejected a Pardon Board clem-
ency recommendation.

Sawyer embodies everything that makes
death-penalty enthusiasts mad. He was con-
victed of a particularly grisly murder 12 years
ago, but has survived on death row all this
time while successive appeals wound through
the courts at a pace reminiscent of molasses
in January.

If only the capital punishment system were
operated on sound business principles, Sa-
wyer and countless others would have been
delivered to the executioner ages ago.

That is no doubt a consummation most
people would wish, and regard as justice. But
Sawyer’s case is the latest to show that, re-
gardless of where anyone stands on the mor-
ality of capital punishment, it is impossible to
believe that justice has anything to do with
the way the system operates.

When a man is sentenced to death in

Robert Sawyer
Granted a stay

made. He will be a pauper, whose court-ap-
pointed attorney failed to mount an adequate
defense either at the guilt or penalty phase.

He will probably be retarded, mentally ill or
both. His childhood will have been marked by
neglect and abuse. _

Mitigating or exculpatory evidence fre-
quently comes to light long after the trial
when it may not be admissible. Indeed, the
Supreme Court granted Sawyer a stay while it
considers whether evidence inexcusably
hgnoese ty Sawyer’s trial lawyer should be
considered at this inconveniently late stage. It
rsd be a matter of life and death but rules is

es.

Sawyer is the epitome of the condemned
man. Indeed, his life closely parallels that of
Dalton Prejean, who died in the elegtric chair

Louisiana, certain assumptions can safely be 2 last year.

g

ye

. As a baby Sawyer, survived two homicidal

3 1 ides by his.deranged mother who then

_ blew her brains out, leaving him in the sharge
of his sadistic father.

_ Breaking your heart yet?
Sawyer never could think very far and- left
school functioning, in his best subjects,.at the

fourth-grade level. He suffers from brain
damage, cannot control aggressions and i isun-

~

:. able to grasp abstract concepts.

His crime, of course, was horrendous, but
his right to effective counsel was denied when
he was assigned a lawyer who did not have
= five years’ experience required by state

Ww.

His attorney proved to be virtually useless,
and the jury came back with the death sen-
tence without being told the facts of his pa-
thetic life and mental problems. Oné ‘juror
now says he would have voted for a life sen-
tence had defense counsel presented the 'sa-
lient facts.

Lawyers handling Sawyer’s appeals also
allege that prosecutors suppressed evidence
favorable to him even after being ordered to
produce it by a judge.

The witnesses who helped convict Sawy er
were not exactly pillars of the community.
One of them, an abusive and alcoholic
mother, testified as prosecutors instructed be-
cause she believed her children would other-
wise be taken away from her, according to a
brief from Sawyer’s attorneys.

Sawyer, if he is spared, will live out the rest
of his miserable existence in the penitentiary.
That doesn’t seem such an extravagant
request, unless you believe society is served by
exterminating its most wretched menibers;

But then, in Louisiana, there is a very good
chance that you do.

James Gill is a staff wriir. \,

ier oe

OME FE

—

Murderer Is Firstin Louisiana
To Be Executed by Injection

ANGOLA, La., March 5 (AP) —A
murderer whose lawyers contended
that he was retarded .was Put to death
at the state prison here today, becom-
ing the first person ever executed by
injection in Louisiana. :

In a final Statement, the 42-year-old
prisoner, Robert Sawyer, said,, ‘‘]
would like to tell young kids who might
read this that drinking and - hanging
with the wrong people will get you
where I am sitting right here.”

Louisiana, which
used the electric chair to perform exe-
Cutions, enacted a law two years agoJ
switching to lethal injection. Mr. Saw-
yer became the first person executed

naman
ee

Western Bird Gets Protection

PORTLAND, Ore.; March 5 (Reu-
ters) — The United States Fish and
-Wildlife Service said today that it had
declared the Pacific coast population
of the western snowy plover, a beach-

nesting shore bird, a. threatened spe- |

cies. The agency said fewer than 1,500
of these birds were estimated to re-
main in their habitat at 28 sites along
the West Coast, where they are threat-
ened by human disturbance of their

had previously

under that change when he died shortly
after midnight.

Mr. Sawyer was condemned to death
for the murder of Frances Arwood, a
23-year-old baby sitter working for his
girlfriend, in a New Orleans suburb in
1979. After a night of drinking, he and
an accomplice, Charles Lane, raped
her, beat her, poured scalding water on
her and then set her afire. She died two
months later.

his jury sentenced him to life in prison.
Mr. Sawyer was executed two days
.after the State Pardon Board heard
evidence from his Jawyers that child-4
hood abuse had left him brain-dam-
aged and that he was now retarded,
with an I.Q. of only 68, -
But prosecutors disputed the. claim
of retardatiqn and noted that in any:
case the United States Supreme Court
had upheld the execution of retarded
killers. The Pardon Board sided with
the prosecutors, declining to recom-

Mr. Sawyer’s last hope for a rep
faded Thursday evening when the Su-
preme Court refused to hear his ap-
peal. He became the 194th person exe-
cuted in the United States since the
Supreme Court in 1976 allowed the

Mr. Lane was tried separately, and |-

mend clemency to the Governor. abs .
ve

nests along beaches.

‘states to resume Capital punishment.


THE NEW YORK TIMES EDITORIALS/LETTERS saTurpay, Apri 27, 199]

The Court Sets a Death Agenda >

When new Supreme Court majorities hasten to
overrule the Court’s own recent precedents, the
justices invite the public to believe, as Felix Frank-
furter once warned, ‘‘that law is an expression of
chance — for instance, of unexpected changes in the
Court’s composition and the contingencies in the
choice of successors.’’ Led by Chief Justice Rehn-
quist, today’s Court is running just such a risk to its
reputation and to justice on-a death penalty issue
that doesn’t deserve such abuse.

Over the dissents of three members, the Court
staged oral arguments this week on whether to
overturn capital punishment decisions rendered by
retired Justices Lewis Powell in 1987 and William
Brennan only two years ago. Those rulings prevent
prosecutors who are seeking the death penalty from
making a special issue of the murder victim’s high
community standing or the bereavement of the
victim’s family.

On the merits, the Court was right in the first
place. Victims’ rights obviously need attention. But
when a jury is asked to choose between death or life
imprisonment for a convicted murderer, that deci-
sion must turn on the defendant’s character, not the
happenstance of whether the victim was a vagrant
or a pillar of the community.

Allowing the prosecution to exalt the victim’s

disparage the victim. Attorney General Dick Thorn-
burgh, in a ceremonial appearance as ‘‘friend of the
Court,”’ offered a cure for that: the defense simply
‘“‘should not be allowed to denigrate the value of the
life’ that was lost. But gagging the defense would be
an unconscionable slanting of justice.

The Court has gone to unseemly lengths to
raise the issue when neither states nor defense
attorneys raised it on their own. Finding that a case
from Ohio didn’t depend on the issue it wanted to
hear, the Court called up a Tennessee murder case
and instructed lawyers for the state and the defend-
ant, Pervis Payne, a convicted murderer, to pre-
pare arguments on an expedited basis.

It’s bad enough that the capital punishment
system already executes far more prisoners who
kill whites than those who kill blacks. Since 1976 the
system has executed 145 killers but not a single
white murderer whose victim was black. By letting
prosecutors urge juries to let their verdict turn on
the worth of the victim, the Court would probably
reinforce the bias in the system.

Chief Justice Rehnquist noted approvingly at
this week’s argument that prosecutors who seek
death verdicts are bound “‘to get into a few rhapso-
dies’’ about victim rights. But even those justices
who favor the death penalty should worry about the

character would also mean that the defense could .

WITNESSING EXECUTIONS

att

Either All Should or None

‘ If California conducts an execution in
the months ahead, print journalists will
be present to witness and report on it. A
respected San Francisco public-televi-
sion station has filed suit demanding to
know why its coverage is being disal-
lowed. Does freedom of the press only
apply to pencil-pushers? Don’t elec-
tronic journalists who employ cameras
have the same rights of access? If not,
why not?

The answer is obvious, and the issue
isn’t press freedom so much as capital
punishment itself and our ambivalent
attitudes toward it. The state is willing
to carry out executions in the name of
its citizens but is unwilling to allow
them to witness the deed.

The logic of such a stance is dubious,
since one of the alleged purposes of
capital punishment is not so much to
punish the criminal as to deter others
from following the same path. But
wouldn't deterrence be enhanced by
holding public executions and televis-
ing every grisly detail?

It seems clear that you can’t have it
both ways. Either capital punishment is
barbaric, degrading to those who per-
form it and coarsening to those who;
witness it, in which case maybe society |
should think twice before engaging in
it, or the horrific reality of capital pun-
ishment deters crime, in which case
every citizen should be permitted and
perhaps compelled to witness this sol-
emn, ultimate lesson that crime does
not pay.

The present practice of permitting
capital punishment while trying to keep
it out of sight and out of mind makes no
sense and borders on hypocrisy. The
San Francisco broadcasters are right.
Either everyone should be permitted to
witness the executions their tax dollars
are paying for, or no one should be.

Executions are either a shameful
holdover from a less-enlightened past
or a stern object lesson in social re-
sponsibility. If the former, they should
be stopped. If the latter, they should be
seen to have the desired effect.

way the Court finds and declares the law.

WINSTON -SALEY

C N.C.)
TJouRAc

ARERIC 22, 1997
Monday

308

manner performed by the State of Louisi-
ana provides sufficient current to the brain
to result in instantaneous disruption. of the
brain’s ability to operate, immediately ren-
dering the condemned unconscious and un-
able to feel pain. Although there may be
some injury to the body, there is no percep-
tion of pain.- For this reason, Louisiana’s
electric chair does not cause wanton or
unnecessary infliction of pain. According-
ly, the Court finds that the design of Loui-
siana’s electric chair does not violate *the
mandates of the Eighth Amendment. See
Ritter v. Smith, 568 F.Supp. 1499, 1526-27
(S.D.Ala.1983), aff'd in part and rev'd in
part on other grounds, 726 F.2d 1505
(11th Cir.), cert. denied, 469 U.S. 869, 105
S.Ct. 218, 83 L.Ed.2d°148 (1984) (a properly
performed electrocution “involves an in-
stantaneous blocking :of any sensory per-
ceptions or instantaneously rendering the
person unconscious so that he was unable
to feel any pain...:”)«

While ‘Claim IV raises ot the issue of
defective design, testimony. was introduced
relating to the operation and maintenance.
of the electric chair, as well as the proce-
dures for carrying. out an execution. On
these matters, the evidence is that Louisi-
ana’s operation, maintenance, and proce-
dures are.appropriate to carrying out con-
stitutional executions ; by electrocution.
The evidence established no constitutional
violation.

V.

In conclusion, all of the claims raised in
this petition, except Claim 4, are. barred
under Rule 9(b). ‘Sawyer is not entitled to

13. The Louisiana Legislature recently amended
and reenacted Louisiana Revised Statute
§ 15:569(A) and (B) to make lethal injection the
manner of execution for every sentence of death
executed after September 15, 1991. 1991 La.Act
159 (July 2, 1991). The amended statute reads
as follows:
§ 569. Place for execution of death sentence;
manner of execution
A. Every sentence of death executed in this
state prior to September 15, 1991, shall be by
electrocution, that is, causing to pass through
the body of the person convicted a current of
electricity of ‘sufficient intensity to cause
death, and the application and continuance of
such current through the body of the person
convicted until such person is dead. Every
sentence of death imposed in this state shall
be executed at the Louisiana State Penitentia-

172 FEDERAL SUPPLEMENT

habeas corpus relief on Claim 4 because he
has failed to establish a constitutional vio-
lation.

Accordingly,

IT IS ORDERED that the petition for
Writ of Habeas Corpus is DENIED.

IT IS FURTHER ORDERED that judg-
ment shall be entered against the petition-
er, Robert Sawyer, and in favor of the
respondent, John Whitley, Warden, Louisi-
ana State Penitentiary, Angola, Louisiana
DISMISSING WITH PREJUDICE the Peti-
tion for Writ of Habeas Corpus. IT IS
FURTHER ORDERED that the stay of
execution entered on December 12, 1990 is
VACATED 13,

© € KEY NUMBER SYSTEM

4nms

Ellis McGEE, Plaintiff,
| wrt We

Warr PARKER and City of McComb
‘ity, Mississippi, Defendants.

Civ. A. No. J90-0361(L)..
- United ‘States District Court,

Pcs S.D.. Mississippi,

Jackson : Division.

Jan. 7, 1991.

Arrestee brought civil rights action
against city and city police officer. On

_ ry at Angola. Every execution shall be made
in a room entirely cut off from view of all
"except those permitted by law to be in said
room. ~
B. Every sentence of death executed on or
after September 15, 1991, shall be by lethal
injection: that is, by the intravenous injection
of a substance or substances in a lethal quan-
tity into.the body of a person convicted until
such person is dead. Every sentence of death
imposed in this state shall be executed at the
Louisiana State. Penitentiary at Angola. Ev-
ery execution shall be made in a room entire-
_. ly cut-off from view of all except those .per-
_ mitted by law to be in said room.
Having found that -Louisiana’s electric. chair
meets constitutional.standards, there is,no rea-
_ son to maintain. the stay of.Sawyer's execution
until September .15, .1991. ;

defendant
summary
Tom S. Le
in Mississ
not equiv:
ity insura
eign imm

_ Motic

1. Munic
City’
nicipal li:
purchase
did not
Miss.Coc

2. Muni
Unc
claim ag
cial cap
munity,
barred
§ 1983.

Clyde
Honea,
-W..'
Phelps.
Jackso
McCon

TO)

_ This
motio!
Wayn
dismi:
them
eral .
tively
plain

Rule

1. T
- vid
mis
cla
ity.

2. N
ch:


 eSkabert Sawyer’s 11-year fight to beat the electric ch

QQ

$ ‘ : « Neingiaie
ar exposes a grim ordeal in the name of US justice

g

| HAVE just lived through two days of a
tragedy that has been going on for {i years.
In a courtroom in New Orleans, Robert
Sawyer, aged 40), a convicted murderer un-
der sentence of death, was appealing
against being executed in an electric chair
which his defence lawyers said was faulty. I
was described in the case notes as “an ex-
pert on the process of death”. Death is my
specialism: as a physiologist, I have carried
out years of research into dying, death and
resuscitation. Sawyer's lawyers had asked
me to present an affidavit on the physiologi-
cal consequences of electrocution.

This was Sawyer’s 13th appeal, the mur-
der which sent him to prison having taken
place in 1979. In previous appeals, Sawyer’s
lawyers had argued ( unsuccessfully) that he
had not been properly defended at the orig-
inal trial, that crucial evidence had not been
brought forward, and that he had brain
damage. This time, the appeal was based on
evidence that the electrode to be applied to
his scalp was defective. His lawyers con-
tended that this would cause unnecessary
suffering and cruel and degrading treat-
ment, in contravention of the American
constitution.

The proceedings were formal and icily
polite. The large courtroom was presided
over by Judge Henry Mentz Jnr, who sat on
a dais in front of the United States flag.
Facing him was a lectern where the lawyers
presented arguments and cross-examined
witnesses. The prisoner. smail, pale and
nervous, and dressed in orange dungarees,
Sat at a table near the defence counsel.
When [ went up to him and greeted him
briefly, | noticed that his wrists and ankles
were shackled in large locks, even though
he was guarded by two armed policemen. |
was soon told that no one was allowed to
“visit him”, which meant talk to him, except
his counsel, even in court.

The back third of the court was taken up
with benches for witnesses, journalists and
the public. Among the people present were
Sawyer's sister and brother-in-law, who sat
through the discussion about the elec-
trodes: the sister of a man sent earlier to the
clectric chair, who kept reliving his experi-
ence; and the son of another executed pris-
oner, who saw photographs of the severe
burns on his father’s forehead and leg.

Sawyer was represented by Neil Walker,
Nick Trenticosta and Sara Ottinger of the
loyola Death Penalty Resources Center:
aided hy their researcher, Deborah Volker,
they put in long hours, often missing meals
or working through the night. The centre is
part of the Louisiana Public Defender’s Of-
fice, and is funded by the federal govern-
ment. (Each state has a Public Defender,
whose duty is to try to ensure that accused
people who cannot afford legal tepresenta-
ton have full access to the machinery of the
law.) Occasionally, the tension of the court
and the sleeplessness of the lawyers sur-
faced in a careful, pained expression on
their faces. They did not want to antagonise
the judge. or give grounds for objection, by
making injudicious remarks,

It is said that sending someone to the
electric chair costs an average of $10m
(5.6m), mostly from public funds. Anyone
found guilty of a capital offence is entitled
(0 appeal. Thus, condemned prisoners are
likely to spend 8-12 years on “Death Row”
while the US legal system attempts to exam-
ine every aspect of each case. If a prisoner
succeeds in avoiding the death sentence,
the life sentence that replaces it will proba-
bly mean the natural life of the person, not
8-15 years as in Britain.

\CCORDING to his sister and his defence
counsel. Robert Sawyer's troubles started as
achild. He was often beaten by his father,
and was sent to a school in Tennessee for
children suffering from mental deficiencies,
handicaps and disorders. When he dis-
pleased teachers he was punished with elec-
trie shocks, about which he has since
developed a phobia. He was never educat-
cd. and was said have an 1O of 70,

THE INDEPENDENT ON SENDA tr VARE TT poy

AN AMERICAN
WAY OF DEATH

BY HAROLD HILLMAN

NEW ORLEANS TIMES-PICAYUNE

In a New Orleans court, Robert Sawyer listens to polite aigument about the means of his execution

Later he found a job as a deckhand, and
became something of a drinker. One night
he and a friend, Charles Lane, returning
from a drinking bout, suspected that
Frances Arwood, the 23-year-old woman
who had heen habysitting Sawyer’s girl-
friend's two children, had drugged them to
keep them quiet. There was a quarrel, dur-
ing which the two men attacked Arwood
and knocked her unconscious. They poured
lighter fuel on her and set her on fire, al-
though it is not clear whether this was be-
fore or after she became unconscious.

Sawyer and Lane were found guilty of
her murder in 1980, Sawyer could not afford
counsel, and had to be defended by a lawver
appointed by the state; he was sentenced to
execution in the electric chair, Lane paid for
his own defence and was sentenced, by a
different court. to life imprisonment.

The appeal I attended centred on wheth-
er the particular scalp electrode used with
the electric chair at the Louisiana state pen-
itentiary at Angola was defective.

John Webster, professor of electrical and
computer science at Michigan University,
had tested the electric chair at Angola, and

had built a model of it, made of chamois
leather — to imitate the skin — and wood,
to have the same high resistance as the
skull. He showed there would be a “leading-
edge” effect which would distort the flow of
current and delay its arrival in the brain. He
calculated that it would take at least 7.5
seconds for the brain to be heated up long
enough for death to result.

Dr John Morse, of Auburn University,
had previously inspected the electric chairs
in Alabama and Florida. He too had tested
the one at Angola which was to be used to
execute Robert Sawyer. In his test, a bath of
salt water was used as an electrical model of
the human body: the salt solution is meant
to reflect accurately the composition of hu-
man body fluids. The electrician who assist-
ed with the test said in evidence that he
weighed out the salt in the palm of his hand
and estimated the volume of water in the
bath by eye. Dr Morse showed a videotape
of the testing. He made recommendations
about improving the procedure for testing
and using the electric chair, but was satis-
fied that it was entirely effective. even with-
out his recommendations being carried out.

The electric chair at Angola had also
been checked by Roland Braude, who was
in charge of electrical installations at the
prison. He testified that he had never seen
burning, “arcing” (a spark flashing between
electrodes) or smoke, or smelled burning, at
any of the 19 executions he had witnessed.

In reply, Sawyer's lawyers called a num-
ber of witnesses who had been present when
this electric chair had been used. The Rev-
erend John Brown said he had seen smoke
when the current was turned on during the
execution of a man cailed Robert Williams.
John de Meurs, formerly a journalist, had
seen a condemned person “inflating”, and
smoke rising “like a chimney” when the cur-
rent was turned on. The sister of another
executed prisoner, Wayne Felde, had no-
ticed several burns on his left ear, a hole
punched out of the skin of his scalp and
widespread burns when she laid out his
body. She was a nurse; the judge asked if
she had reported her observations to the
authorities. She said she had, but nothing
had happened. Johnny Robinson and Mi-
chael Lewis reported severe burns on the
bodies of Alvin Moore and William Watson
when they had embalmed them after execu-
tion. Funeral home managers Artie House
and Billy Henry reported extensive burns
on two other bodies.

Meanwhile, Sawyer sat listening to the
discussion about. legal procedures, electrical
theory, edge effects, and the technicalities
of the electric chair. He seemed unable to
understand the proceedings, or what they
meant for him. But his sister and her hus-
band, who is an electrical engineer, under-
stood exactly. :

On the morning of Friday 25 January,
before the the day's proceedings started,
Nick Trenticosta pointed out to the judge
that Sawyer had had no food or water since
midday the day before; nobody, it seemed,
had made any provision for him. He had not
shaved or bathed, and had had to sleep ona
concrete floor. The judge listened to the
Statement, and immediately proceeded with
the hearing.

ROBERT SAWYER has been on Death
Row since 1980. Like 31 others in Louisiana,
if his appeals fail he will go to the electric
chair without the choice of death by intrave-
nous injection. although this option is open
to anyone sentenced since | January.

The Loyola Death Penalty Resources
Center and Sawyer’s sister told me that in
Louisiana all condemned prisoners were
kept in cells between Sx8ft and 6x9ft for 23
hours a day. They can watch television
through windows in their cells, They are al-
lowed out into a “dog-run” for one hour a
day, but this hour may be at any time of the
day or night, without notice. Their wrists
and ankles remain shackled, During this
time, they may try to exercise, they may tele-
phone their relations, they may attend to
their toilet, and they may talk to each other.
Relatives and other visitors may talk to a
condemned prisoner only through a window
covered by wire. They may not give anything
to the prisoner directly, but must leave it
with the prison authorities. Reading materi-
al may be censored. Even close relatives are
not allowed to have any physical contact
with a condemned prisoner until 72 hours
before execution.

On Saturday 26 January, Judge Mentz
listened to the lawyers on both sides for an
hour. He then dismissed the appeal. A date
for the execution is to be fixed. On that
date, unless another appeal intervenes,
2,400 volts with a current of eight amperes
will be passed through Robert Sawyer hy
the US government until the doctors decide
he is dead.

On the day the appeal was dismissed, the
lawyers of the Loyola Death Penalty Re-
sources Center started work on three other
capital cases.

O The author is director of the Unity Labora-
tory of Applied Neurobiology at the Uni ersity
of Surrey.


ROBERT WAYNE SAWYER, Petitioner

V
JOHN WHITLEY, Warden

505 US —, 120 L Ed 2d 269, 112 S Ct —
[No. 91-6382]
Argued February 25, 1992. Decided June 22, 1992.

Decision: Accused held not to have satisfied “actual innocence” exception
so as to allow federal habeas corpus consideration of successive and
abusive claims challenging Louisiana death sentence.

SUMMARY

Unless a federal habeas corpus petitioner shows cause and prejudice, a
federal court generally may not reach the merits of (1) successive claims
which raise grounds identical to grounds heard or decided on the merits in a
previous petition; (2) new claims, not previously raised, which constitute an
abuse of the writ; or (3) procedurally defaulted claims in which the peti-
tioner failed to follow applicable state procedural rules in raising the claims.
There is, however, an exception—sometimes known as the “actual inno-
cence” exception—that even if the cause-and-prejudice standard has not
been met, a federal court may hear the merits of a successive, abusive, or
procedurally defaulted claim if the failure to hear the claim would consti-
tute a miscarriage of justice. An accused allegedly participated in the 1979
killing of a victim who was beaten, scalded with boiling water, and set afire.
The accused was convicted of first-degree murder—that is, an intentional
killing while in the process of committing aggravated arson—and sentenced
to death in a Louisiana jury trial. The conviction and sentence were
eventually upheld on direct review, which, among determinations, upheld as
valid the jury’s findings of two statutory aggravating factors that (1) the
accused had been engaged in the commission of aggravated arson at the
time of the murder; and (2) the murder had been committed in an especially
cruel, atrocious, and heinous manner. The accused was unsuccessful in a
state petition for postconviction relief, a federal habeas corpus petition, and
a second state postconviction petition. The accused the filed a second habeas
corpus petition in the United States District Court for the Eastern District

Molt faw ChKewt yf

naKRed, (793- Loi SIQnd


U.S. SUPREME COURT REPORTS

States, 373 US 1, 17-18, 10 L Ed 2d
148, 83 S Ct 1068 (1963); Engle, 456
US, at 135, 71 L Ed 2d 783, 102 S Ct
1558.

In Murray v Carrier, 477 US 478,
495, 496, 91 L Ed 2d 397, 106 S Ct
2639 (1986), the Court ruled that the
concept of “fundamental miscarriage
of justice” applies to those cases in
which the defendantwas “probably

. actually innocent.” The Court
held that “in an extraordinary case,
where a constitutional violation has
probably resulted in the conviction
of one who is actually innocent, a
federal habeas court may grant the
writ even in the absence of a show-
ing of cause for the procedural de-
fault.” Id., at 496, 91 L Ed 2d 397,
106 S Ct 2639. Having equated the
“ends of justice” with “actual inno-
cence,” the Court is now confronted
with the task of giving meaning to
“actual innocence” in the context of
a capital sentencing proceeding-
hence the phrase “innocence of
death.”

While the conviction of an inno-
cent person may be the archetypal
case of a manifest miscarriage of
justice, it is not the only case. There
_ is no reason why “actual innocence”
must be both an animating and the
limiting principle of the work of
federal courts in furthering the
“ends of justice.” As Judge Friendly
emphasized, there are contexts in
which, irrespective of guilt or inno-
cence, constitutional errors violate
fundamental fairness. Friendly, Is
Innocence Irrelevant? Collateral At-
tack on Criminal Judgments, 38 U
Chi L Rev 142, 151-154 (1970). Fun-
damental fairness is more than accu-
racy at trial; justice is more than
guilt or innocence.

Nowhere is this more true than in
294

120 L Ed 2d

capital sentencing proceedings. Be-
cause the death penalty is qualita-
tively and morally different from
any other penalty, “[ijt is of vital
importance to the defendant and to
the community that any decision to
impose the death sentence be, and
appear to be, the consequence of
scrupulously fair procedures.” Smith
v Murray, 477 US 527, 545-546, 91 L
Ed 2d 434, 106 S Ct 2661 (1986)
(Stevens, J., dissenting). Accordingly,
the ends of justice dictate that
“{w]hen a condemned prisoner raises
a substantial, colorable Eighth
Amendment violation, there is a spe-
cial obligation to consider
whether the prisoner’s claim would
render his sentencing proceeding
fundamentally unfair.” Id., at 546,
91 L Ed 2d 434, 106 S Ct 2661.

Thus the Court’s first and most
basic error today is that it asks the
wrong question. Charged with avert-
ing manifest miscarriages of justice,
the Court instead narrowly recasts
its duty as redressing cases of “ac-
tual innocence.” This error aside,
under a proper interpretation of the
Carrier analysis, the Court’s defini-
tion of “innocence of death” is
plainly wrong because it disregards
well-settled law—both the law of ha-
beas corpus and the law of capital
punishment.

I

The Court today holds that, absent
a showing of cause,a federal court
may not review a capital defendant’s
defaulted, successive, or abusive
claims unless the defendant

“show[s] by clear and convincing
evidence that but for a constitu-
tional error, no reasonable juror
would have found [him] eligible for
the death penalty.” Ante, at ——,
120 L Ed 2d, at 277-278.

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

1333 (1943). In each of these con-
texts, the interests of the nonmoving
party were truly substantial: per-
sonal liberty in Addington, freedom
of expression in New York Times,
residence in Woodby, and citizenship
in Schneiderman. In my opinion, the
State’s interest in finality in a capi-
tal prosecution is not nearly as great
as any of these interests. Indeed, it
is important to remember that “in-
nocence of the death sentence” is
not a standard for staying or vacat-
ing a death sentence, but merely a
standard for determining whether or
not a court should reach the merits
of a defaulted claim. The State’s
interest in “finality” in this context
certainly does not warrant a “clear
and convincing” evidentiary stan-
dard.

Nor is there any justification for
allocating the risk of error to fall so
severely upon the capital defendant
or attaching greater importance to
the initial sentence than to the issue
of whether that sentence is appropri-
ate. The States themselves have de-
clined to attach such weight to capi-
tal sentences: most States provide
plain-error review for defaulted
claims in capital cases. See Smith v
Murray, 477 US, at 548-550, n 20, 91
L Ed 2d 434, 106 S Ct 2661 (collect-
ing authorities). In this regard, the
Court’s requirement that “innocence
of death” must be demonstrated by
“clear and convincing evidence” fails
to respect the uniqueness of death
penalty decisions: Nowhere is the
need for accuracy greater than when
the State exercises its ultimate au-
thority and takes the life of one of
its citizens.

Indeed, the Court’s ruling creates
a perverse double standard. While a
defendant raising defaulted claims
in a non-capital case must show that

constitutional error “probably _re-
sulted” in a miscarriage of justice, a
capital defendant must present
“clear and convincing evidence” that
no reasonable juror would find him
eligible for the death penalty. It is
heartlessly perverse to impose a
more stringent standard of proof to
avoid a miscarriage of justice in a
capital case than in a noncapital
case.

In sum, I see no reason to depart
from settled law, which clearly re-
quires a defendant pressing a de-
faulted, successive, or abusive claim
to show that a failure to hear his
claim will “probably result” in a
fundamental miscarriage of justice.
In my opinion, a corresponding stan-
dard governs a defaulted, successive,
or abusive challenge to a capital
sentence: The defendant must show
that he is probably—that is, more
likely than not—“innocent of the
death sentence.”

II

The Court recognizes that the
proper definition of “innocence of
the death sentence” must involve a
reweighing of the evidence and must
focus on the sentencer’s likely evalu-
ation of that evidence. Thus, the
Court directs federal courts to look
to whether a “reasonable juror
would have found the petitioner eli-
gible for the death penalty.” Ante,
at ——, 120 L Ed 2d, at 277-278
(emphasis added). Nevertheless, the
Court inexplicably limits this inquiry
in two ways. First, the Court holds that
courts should consider only evidence
concerning aggravating factors. As
demonstrated below, this limitation
is wholly without foundation and
neglects the central role of mitigat-
ing evidence in capital sentencing

297


U.S. SUPREME COURT REPORTS

(1991). To show “prejudice,” a defen-
dant must demonstrate “a reason-
able probability that, but for [the
alleged] erro[r], the result of the pro-
ceeding would have been different.”
Strickland, 466 US, at 694, 80 L Ed
2d 674, 104 S Ct 2052; see also
United States v Bagley, 473 US 667,
682, 685, 87 L Ed 2d 481, 105 S Ct
3375 (1985). The “miscarriage of jus-
tice” exception to this general rule
requires a more substantial showing:
The defendant must not simply dem-
onstrate a reasonable probability of
a different result, he must show that
the alleged error more likely than
not created a manifest miscarriage
of justice. This regime makes logical
sense. If a defendant cannot show
cause and can only show a “reason-
able probability” of a different out-
come, a federal court should not
hear his defaulted, successive, or
abusive claim. Only in the “excep-
tional case” in which a defendant
can show that the alleged constitu-
tional error “probably resulted” in
the conviction (or sentencing) of one
innocent of the offense (or the death
sentence) should the court hear the
defendant’s claim.

The Court today repudiates this
established standard of proof and
replaces it with a requirement that
a defendant “show by clear and con-
vincing evidence that . . . no reason-
able juror would have found [him]
eligible for the death penalty.” Ante,
at ——, 120 L Ed 2d, at 277-278 (em-
phasis supplied). I see no reason to re-
ject the established and well-func-
tioning “probably resulted” standard
and impose such a severe burden on
the capital defendant. Although we
have frequently recognized the
State’s strong interest in finality, we
have never suggested that that in-
terest is sufficient to outweigh the

296

120 L Ed 2d

individual’s claim to innocence. To
the contrary, the “actual innocence”
exception itself manifests our recog-
nition that the criminal justice sys-
tem occasionally errs and that, when
it does, finality must yield to justice.

“The function of a standard of
proof ... is to ‘instruct the fact-
finder concerning the degree of confi-
dence our society thinks he should
have in the correctness of factual
conclusions for a particular type of
adjudication.” ... The standard
serves to allocate the risk of error
between the litigants and to indicate
the relative importance attached to
the ultimate decision.” Addington v
Texas, 441 US 418, 423, 60 L Ed 2d
323, 99 S Ct 1804 (1979) (citation
omitted). Neither of these considera-
tions supports the heightened stan-
dard of proof the Court imposes to-
day.

First, there is no basis for requir-
ing a federal court to be virtually
certain that the defendant is actu-
ally ineligible for the death penalty,
before merely entertaining his
claim. We have required a showing
by clear and convincing evidence in
several contexts: For example, the
medical facts underlying:a civil com-
mitment must be established by this
standard, Addington v Texas, supra,
as must “actual malice” in a libel
suit brought by a public official. New
York Times Co. v Sullivan, 376 US
254, 279-280, 11 L Ed 2d 686, 84 S Ct
710, 95 ALR2d 1412 (1964); see also
Anderson v Liberty Lobby, Inc., 477
US 242, 91 L Ed 2d 202, 106 S Ct
2505 (1986). And we have required a
related showing in cases involving
deportation, Woodby v INS, 385 US
276, 285-286, 17 L Ed 2d 362, 87 S Ct
483 (1966), and denaturalization,
Schneiderman v United States, 320
US 118, 125, 87 L Ed 1796, 63 S Ct

ca

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

This definition of “innocence of the
death sentence” deviates from our
established jurisprudence in two
ways. First, the “clear and convinc-
ing evidence” standard departs from
a line of decisions defining the “ac-
tual innocence” exception to the
cause-and-prejudice requirement.
Second, and more fundamentally,
the Court’s focus on eligibility for
the death penalty conflicts with the
very structure of the constitutional
law of capital punishment.

As noted above, in Murray v Car-
rier, the Court held that in those
cases in which “a constitutional vio-
lation has probably resulted in the
conviction of one who is actually
innocent, a federal habeas court may
grant the writ even in the absence of
a showing of cause for the proce-
dural default.” 477 US, at 496, 91 L
Ed 2d 397, 106 S Ct 2639 (emphasis
supplied). The Court has since fre-
quently confirmed this standard.
See, e.g., Coleman v Thompson, 501
US ——, ——, 115 L Ed 2d 640, 111
S Ct 2546 (1991); Dugger v Adams,
489 US 401, 412, n 6, 103 L Ed 2d
435, 109 S Ct 1211 (1989); Teague v
Lane, 489 US 288, 313, 103 L Ed 2d
334, 109 S:Ct 1060 (1989). In subse-
quent decisions, both those involving
“innocence of the offense” and those
involving “innocence of the death
sentence,” the Court has employed
the same standard of proof. For ex-
ample, in Smith v Murray, 477 US
527, 91 L Ed 2d 434, 106 S Ct 2661
(1986), the Court repeated the Car-
rier standard and applied it in a
capital sentencing proceeding. The
Court ruled that Smith’s claim did
not present “the risk of a manifest
miscarriage of justice” as it was “‘de-
void of any substantial claim that
the alleged error undermined the
accuracy ofthe guilt or sentencing

determination.” Id., at 538-539, 91 L
Ed 2d 434, 106 S Ct 2661. Similarly,
in Dugger v Adams, a case involving
“innocence of the death sentence,”
the Court stated the controlling
standard as whether an “individual
defendant probably is ‘actually inno-
cent’ of the sentence he or she re-
ceived.” 489 US, at 412, n 6, 103 L
Ed 2d 435, 109 S Ct 1211 (emphasis
supplied). In sum, in construing both
“innocence of the offense” and “in-
nocence of the death sentence,” we
have consistently required a defen-
dant to show that the alleged consti-
tutional error has more likely than
not created a fundamental miscar-
riage of justice.

As we noted in another context,
“{t]his outcome-determinative stan-
dard has several strengths. It defines
the relevant inquiry in a way famil-
iar to courts, though the inquiry, as
is inevitable, is anything but precise.
The standard also reflects the pro-
found importance of finality in crim-
inal proceedings. Moreover, it com-
ports with the widely used standard
for assessing motions for new trial
based on newly discovered evi-
dence.” Strickland v Washington,
466 US 668, 693-694, 80 L Ed 2d 674,
104 S Ct 2052 (1984).

Equally significant, this “probably
resulted” standard is well calibrated
to the manifest miscarriage of jus-
tice exception. Not only does the
standard respect the competing de-
mands of finality and fundamental
fairness, it also fits squarely within
our habeas jurisprudence. In gen-
eral, a federal court may entertain a
defaulted, successive, or abusive
claim if a prisoner demonstrates
cause and prejudice. See generally
McCleskey v Zant, 499 US ——,
—, 113 L Ed 2d 517, 111 S Ct 1454

295

SOLOMON, JOhn, black, elec. New Orleans, LA on April 10, 1953

it. “But,” he added, “they didn’t do selves as a car stopped in front of the “But I thought maybe I could bribe
a sufficiently thorough job, because, house and George Umphries alighted _ her, and I offered her part of the money
unless I miss my guess, those dark and came into the house. He gave out if she would keep quiet about it. She
spots at the rim are blood, and maybe with a cheerful “Hello,” and started to- said nothing would make her do any-
human blood.” ward his room. But Martin told him thing dishonest like that. I told her that
Mrs. Umphries gasped. “Blood!” she he wanted to talk to him. He came to. if she ever said anything about my
repeated, a note of horror in her voice. ‘the door of the living room, apparently _ taking it, I’d kill her. She got terribly
“Why—how could—you—you must be noticed its upset condition for the first frightened and ran out the back door. in the ho;
mistaken.” time and burst out, “Why, what hap- Before | knew what I was doing I'd murdered
“Possibly,” Martin replied grimly, pened?” grabbed the rifle and shot her twice.” with seve
his mind awhirl with the possibilities “You ought to know; George,” Mar- “And she died at that spot which Kelsay en
which had so suddenly opened up. “But tin answered: “You did it.” you tried to clean?” few rest:
I want to look a little further.” “Did what? What are you talking —~“Yes. I picked her up and carried waitress, «
He proceeded along the path toward about?” _—— her behind the tool house until it got The mom
the garage, accompanied by the now- He stopped short, the blood-draining dark, and then I carried her over to tim’s red <
completely-upset woman. He saw no from his face and his body becoming that place where you found her. When ded vigorc
further cleaned or stained spots, but rigid as though he wére in a cataleptic 1 came back I tried to clean up the “Yes, a
in the garage, leaning against the wall, seizure as his eyes fell on the gun and blood. I’m just—terribly—sorry.” that came
was a small shovel. The deputy picked the money-6n the table, to which Mar- “Yes,” said Martin wearily, a tinge recalled.
it up and examined its metal end. What tin sijlefitly pointed. of bitterness in his voice. “And of he isn’t in
he saw there impelled him to whirlon I’m arresting you, George, for the course that makes everything all right.” Without
Mrs. Umphries: _- murder of Ann Boedecker.” He took the sobbing youth to head- terested, 1
_“You remember telling me that,-on quarters, where the latter signed a com- details. Th
the day ‘Raggedy Ann’ disappéared, plete confession, going into detail con- the strang
you left the house to go to” El Paso, A CORRECTION cerning his attempt to cover up the on the ey
and that you assume she léft five or ten In AUTHENTIC DETECTIVE for murder by apparently leaving for El other pat:
minutes later?” i November, 1952, the name of the Paso on the day he Rg 5 oclgerl heckling b
i} “Why—uh—yes, of course.” ATH mother was going to that city. Then, af- “He’s bi
“Well, I don’t think she did!” viction UR ian, Pieper Wee. error ter she departed, he emerged from the went on, °
| : neously substituted for that of the :
4 Mrs. Umphries stared at the officer. slayer, John. Solomon, in the last tool shed where he had hidden and go out wi
i “I don’t understand you,” she protested. La a th ; Charl , L. B upset the house to show it had been few beers
{ “George told you he saw her go shortly Sepe: ty ae ransacked by a burglar. After that, he got nasty.
after I left, and that they waved good- | story of the New Orleans murder | 4, go to El Paso and arranged to be over and
" bye to each other.” of William Street by Solomon on seen by various people he knew, in the nose if
i “I know he did,” Martin admitted, January 6, 1951. We wish to cor- order to provide himself, as he thought, They ha
i “and now I want to examine his room.” rect this error by. stating here- with an alibi. and then
i “Why, of course, if you want to,” | with that it was John Solomon On September 16, 1941, he was offi- annoyer b)
the widow assented frigidly. “But you're who went on trial and was sen- cially charged with murder in the_first ed him ou
certainly not saying that you suspect—” tenced to the electric chair for the cegree, and his. trial was setfor Oc- small and
“Mrs. Umphries, I’m not saying any- crime, and not William Street, tober 7. oe type, it mi
thing at present. But I want to look | who was the unfortunate victim. _Five daysbefore the time set for the latter.
over George’s room. : his court-appearance he complained of ‘Who v
Without another word, Mrs. Umph- : : , a_bad toothache. Following the usual you?” the
ries led the way to the chamber occu- The obvious panic that gripped the-—jail procedure in such cases, he was The pre
pied by her grandson. It had not been youth told the deputy it was time-for taken for treatment to the office of a —I don't
disturbed by the robber. The officer him to strike. “Better make a-statement nearby dentist. He started to take his him,” she
began going through it systematically, about it, George,” he advised sympa- eat in the chair, then suddenly swerv- there reall
opening the various bureau drawers  thetically. “The evidence is overwhelm- eq, raced to the window and fled down But the
and closet taking out what they contain- ing. There's the-matter of the money, 4 fire escape and was gone. dent migh
ed and examining each item carefully. the bullet hole in the screen, that spot Officers and posses searched a wide rowdy, res:
The last receptacle was a trunk on the-walk which you cleaned up after area, but failed to locate the fugitive. front of th
standing in the corner. Ignoring the Ann died there—but Where there are Five days later a Texas ranger noticed for, could
grandmother’s protest, Martin broke it Still some bloodstains—the red clay on 4 man creeping through the tall under- into the
open and began to pull out its contents. ‘that shovel which is exactly similar to _ brush. He called on him to halt, but Gulch, sh«
From the extreme bottom he pulled up the red clay where you tried to bury instead, the man raced toward the Rio body.
a .22 calibre rifle and more than $2,000 _ her body. And,” he bluffed, “the bullets Grande. The ranger fired several shots When §
in ten and twenty dollar bills. taken from Ann’s body show from the after him, convinced that he was either the rowdy
“My God!” came in choked accents rifling that they were fired from the .22 one of a band of smugglers, or a Mexi- luctantly s:
from Mrs. Umphries. “My own grand- you hid in your trunk.” __ €an trying to get into the United States. a miner she
son! He robbed me!” The scene which followed was pain- ‘But it was neither. It was George 30s. She ac
“Yes,” Martin acquiesced, feeling ful for all three of those present. “I’m Umphries. The following day his body, ber One “‘s
sorry for the crushed woman. “But the one who killed her,” the young with three bullets in it, was fished out “Any id
you'd better brace yourself for a worse grandson finally burst out, as though of the river. Water in his lungs show- asked the
blow.” glad to. be relieved of his guilty secret. ed that he had been alive when he The wait
“You—you think that he—” “Just after Grandma left that day, I plunged into the water in his endeavor ing house :
The stricken woman couldn’t go on. went in the house to steal. the money. to escape. His violent end was probably munity. Ke
But Martin finished the sentence for 1 don’t know where Ann was when I far more agonizing than that of the in- operation,
her, although he did it as gently as went in; I thought she had gone. But nocent girl whose life he had so brutally Jady inforr
possible. just when I had opened the safe and taken. still in his
“Yes, I’m afraid so. I’m afraid he’s was taking the money out, I heard a “He has
the one who murdered Ann Boedecker.” noise in back of me, and turned around, The names Thornton Delong, Willie or so,” she
The next hour was one of patient and there she was staring at me. I guess Jeffords, Pedro Ferrientes and Grange he made a
waiting on the part of the deputy, and I went sort of crazy. I was sure she’d Zolert, representing entirely innocent The = st
of unbearable anguish on the part of tell Grandma, as she was very loyal parties, are all fictitious. Spaulding
the grandmother. Both braced them- to her. stranger as
62


nee ey,

oon

SOLOMON, John, bl, elec. New Orleans, LA April 10, 1953.

i A ~ °

Ny

» At eight o’clock on the chill evening of Friday, : a

_. January 5, 1951, the powerful), 150-foot sea-going iatt

“tug Robert W. Wilmot chuffed slowly upstream, tiec

bucking the swift current of the Mississippi I

River. From the shore, occasional pin-pricks of -_

light flashed in the blackness. nas

In the pilot house Captain Henry Clark stood Ha

, at the wheel. He was about 50, weather-tanned, He

| 160 pounds, his light hair and eyebrows con- 130

trasting -with the brownness of his leather-like ene
skin. .

4 With casualness that comes from having done te

I i it a thousand times Hank Clark watched patient- fain

H ly for the range lights of the tug’s berth at the ;

foot of Walnut Street, New Orleans. Lining up ; 4

those lights, Hank‘rolled his wheel down hard cy

to starboard, rang for dead slow on the engine is

room telegraph. The Wilmot swung sharply out

We ran around in circles trying to find the corpse. Then a diver

orcas Hide-an

By LT. WILLIAM C. BAZAJOU
Asst. Chief, Homicide Bureau
New Orleans Police Department

«

SSeS

A

Willie Street was an old-timer on the

“river. And when he turned up among

the missing, he kicked off the most

Rs rt ESE RES Sag ET.

mixed-up case that ever hit our town,

AMAZING DETECTIVE,
March, 1958.

| ee re

SMITH, Solomon, black, hanged at “ranklin, MXXMA#X Louisiana, on
September 10, 1852,

"Louisiana: Solomon Smith, a notorious runaway belonging to Judge
Barker of Franklin, 5t. Mary Parish, was convicted on the 20th instant
for firing at and wounding with intent to kill Mr. William Hungerford.
The slave is the leader of » dangerous set of runaway rascals who

have for months infested St. Mary's Parish and were ultimately
XX¥RKESXKRKAK tracked and captured with hounds. The Danner says

he is quite an old man but possessed of a determined and malicious
spirit. He is sentenced to be executed on the 10th BAMA September

in the interests of protecting the public."

TIMES-PICAYUNE, New Orleans, Louisiana, August 28, 1852 (1ih.)ee.


Payee ety

| NV6 YEA) <
SMITH, Frank, hanged at New Yrleans, La., on July 7, 185),

"From the NEW ORLEANS PICAYUNE, duly 8, 185).
"The Last sentence of the law was today executed upon FRANK SMITH, convicted of the mrder

of his wifes The execution took place a few minutes past ten, within the walls of the

Parish prison, MNMEAXXKXXSM under the supervision of Sheriff Mariguy and his Deputies,
Messrse Farke and Powerse The scaffold was placed in such a position that the execution
could only be witnessed by those who were admitted within the walls, At ten o'clock,

Smith was led out, dressed inwhite, seeming very weak and feeble, He waskattended by Rev.
Father McMahon, a Catholic Priest, who was with him for several hours previous to his death,
The unfortunate convict looked around upon the witnesses present, with a wavering, uncertain
glance, and ejactlated several times in a trembling voice, 'Lord, have mercy upon me,' and
'God be with me now!

"Mr, Farke, the Deputy Sheriff, read his sentence and warrant of execution, the signal was
given, the rope cut, and FRANK SMITH fell into eternity. He struggled for several minutes,
and from the position of the rope, it was evident that his neckwas not broken and that

he was dying by strangulation, After hanging about ten minutes, the body was lowered, but
the pysician pronounced that life was not extinct, and it was allowed to remain several
minutes longer, At length the heart ceased to beat, and the mortal remains of FRANK SMITH ©
were placed in a coffin which had been prepared, and carried from mortal sight forever,

"The murder for which this man asffered was a most brutal one, His wife, a woman about
50-years-old, (SMITH himself was about five years younger) was found MM#AB##A lying in the
yard in front of the house, shockingly mangled, both arms and both legs being broken and |
the skull crushed in, SMITH Was found lying in a bed in the house, half stupified with
liquor, and onbeing arrested acknowledged the deed, saying he 'thad assaulted her with a
dangerous weapon,' The weapon of death in this case was an axes

"A day or two since, a gentleman visited SMITH in prison, and the latter said he had no
recollection whatever of the events of that fatal afternoon, yet he supeosed he must have |
killed her, as there was no one else to do it, He asservated, in his own language, ‘on the ©
word of a dying man,' that he was drunk at the time, and had no recollection of having |
killed her, The wife is said to have been a kind, affectionate woman; and when SMITH was
sick with the fever last Summer, she was unremitting in her attentions to him, SMITH did
not look like a man who would commit such a brutal murder, and had he not been drunk, he
probably would not have do so, 'Oh, thou invisible spirit of wine, if thou has no name to
be known by, let us call thee devil,'

"Although it was given out that the execution would be strictly private, none but the wit-
nesses demanded by thelaw being pblowed to be present, yet a large number of persons assem=
bled in thestreet opposite theprison, and as we weturned we met crowds going in that direc-
tion," TIMES, New York, 7-18-185) (6/1).

.
L
3
|

q


PAGE 15

DEATH WATCH (Cont. )

the group, Rep. Charles D. Jones fileda
bill before the Legislature that would
replace the death sentence witha life
sentence without parole, probation or sus-
pension of sentence. Saying that it's bet-
ter to incur the cost of housing murder-
ers for the rest of their lives over exe-
cuting them, Jones said: “That's the cost
of a civilized society. It's better to be
civilized and pay, than to not pay and to
be barbaric."
The bill is not given much chance of

being passed.

A week after the Sonnier execution,
nine inmates on death row staged a hunger
strike in protest of a new prison regula-
tion which forces them to keep all their
belongings in two footlockers, harassment
by guards, exercise yard restrictions and
the use of restraints during their visits.
Warden Ross Maggio, in response to the
hunger strike, said that he would not
meet with the condemned prisoners. “At
Angola, at any one time you've gota
dozen people on hunger strikes," he was
quoted by the MORNING ADVOCATE as saying.
"They go on and off hunger strikes. My
position is you obey the rules of the pri-
son. We serve you food. If you don't want

_to eat, that's fine. I'm not worried a-
bout it. I've never worred about any
hunger strike."

Jimmy Wingo, one of the condemned men
protesting conditions, attributed the dis-
satisfaction to the three recent execu-
tions. "They're killing people all around
us, and they want us to put up with this,
he said. "There's a lot of pressure on a
man facing that situation."

In a letter to Corrections Secretary
C. Paul Phelps, the protesting inmates
said: “The men on death row wish to bring
some very serious problems to your atten-
tion. Despite the exemplary conduct. re-
cords, and our docile attitudes, we've
been forced to live under the exact same
rules and restrictions as prisoners under
disciplinary action.

"To begin with, we live under a .trem-
endous pressure because of our sentences.
We are then forced to live in an atmos-

phere specifically designed to punish for
no logical reason. And so, if that wasn't
enough, we've been subjected to numerous
unreasonable losses of items and necessi-
ties under the guise of security."

Nearly two weeks after the hunger
strike began it was ended when Phelps
said that he would visit death row and
listen to the complaints of the condemned
prisoners. Several days later Phelps met
with the inmates and discussed their com-
plaints.

FLORIDA

On the same day that Sonnier was exe-
cuted, child-killer Arthur F. Goode III
was put to death in Florida's electric
chair. It marked the first time since the
death penalty was restored that two peo-
ple were executed on the same day.

Goode was convicted of the homosexual
slaying of a 9-year-old boy in 1976. He
once vowed that if freed "I would kill as
many children as I could get my hands on."
Even on the day before his execution
Goode said that he still wanted to molest
little boys.

Goode was a borderline-retard who be-
gan making sexual advances toward young
boys when he was in his early teens. It
became common knowledge in his hometown,
Hyattsville, Maryland.that he was an un-
controllable homosexual pedophiliac. Fin-
ally, in 1975 he was arrested following
five sexual assaults on a nine-year-old
boy. His family got him out of jail on
bond and he attacked an ll-year-old boy.

The Goode family attorney was able to
negotiate a plea bargain that called for
Goode to be given a five-year probated
sentence on the condition that he undergo
treatment.at.a mental facility. Some fif-
teen weeks later Goode walked away from

the hospital and went to his parents' new

home in Florida.

In March, 1976, Goode met 9-year-old
Jason VerDow who was waiting for a bus.
Goode .convinced the boy to follow him to
a wooded area. Goode later testified: "I
told him he was going to die and des-

TE ere ya
. asasencamn en aaladPng ek

ae,
1h
he je
ate ate
Moye! Pea
Bi
; Be
=
es!
“4 4
a i
¥
: ;
3
c¥
z
mG
e
i 2
ie:
ee


De is “on Scaftold: and Be gs Officials to}
a Hurry Their Dire Wo rk. . : : : Ce ee

iano

« Exedution in United States, But Anticipated Con-
ee a and Spa ro Died With oF Colina hea. baen,
ninstantancous. | and “Spero, from |

> “

ww coe ey Soins easy aey ‘ Ae x : ‘ 4 te } ; wes

Reg is a att Dye hag Hee . i ; : fe :
: wae ‘the wailows yes [iogether, concluded to be on the aafe
Gam apar® died of Ane Oe ving ex side: and, while not piecing mueh k to m6” '
terday afterno@n se ecrkings af whe faith in the reports, carefully guard. Deapite the inesulta and
yoned any of the wader woereta | 2.8 rainge saibility i he | abuses heaped upon m
Greag Mafia Society, S00 18 oe og | threatens having the Do | cause, Father Ciolino, feellt
the d¢ad man was ‘known —o have nd houestops i duty to work to save 801

 peageseed «0 with him to bie grave, t people. t with- tinued his visits to @

‘AVL pow perhaps never le made | Thursday night % air of Thureday night wa
jead wULDO Pee eS wink of siesp, other a‘ Bs 4
pwebite: one | oo dose, which lasted for | ore, seh a Seat Fa Pkt
Thy execution of APA wee it naif an hour. He wae rey Spare spoke excitedly, she’
wauaf and distinct, in ts EO tan | condemned deavoring to calm her hus!
waulthe first banging ef an itattan | ; No, 2 Oe There Sas a sad group.
an By Gipleane ama Tre Pera! partir | thy Foley, d sie wily in Gheriff Longs office, “wed
. - BE Aas brave in the) her, shorty te ton sal) Ae : the mase in the chanel & bi
United Blalea, am facts fone \ Brerif? Long had been
'

dered. it in Ve atiar pRnOter atory. as was contained sl ma more ne Bing ne
te ihe cae” n yesterday's Pleayune. na

piper eseaneni iS " Pen No. 1 wae on an angle with tle twih sofas, who eat on
atientions.

athe anes he cuter are big-#yed and curious, gaxin).
fo ‘po? will Spare man- pie the windows Of directed puliet Soe surroundings: her.
By sheer force Of WH) ay to the al speed, but this possibility was | Jo®. & lad of 6 yeats; her,
«, Pyped to screw hit CHUTA RS | MD Oe ces ee ee ene at : Marta, and her niece, a- oun
Ceaeee OT ee ge Mra. Bparo was poorly @
garments of some cheap ma
wore a sun bonnet, while.
dren, although neat and,
their patched and tattered 4
reflected the poverty of the
At 8 o'clock the sorrow
her innocent offaprings and.
niece were conducted un
Chapel and given seats ne
tar, and a } tle later the 4
[mat himself. with Sheriff 1«
pide and Captain Meridit
ather, entered the Chapel
ti

b ather Cioiinoe, in ¢t
of his holy office, and Fat:
who wore a stoll over hig.
At the organ Wea ¢t
Rorgia, the gentle ange
prison, whose Foo work
tered over the dark paths.
edness and misery, wher
constantly bringing Back |
nated }ife souls well-nigt!
kneeling near her were
ood Ristere of Mercy, and
#ul Glatere of the Missions
the Bacred Heart...
Father Clolino, in a”
asheok with emotion, said
analeled by Father Paroll
were solemn and impress
when the frean, in ea
ewelled forth, am@ the a
of the Sisters jolf@d in «
a touching fervor) "Near
to Thee.” and "Oh Lord,
po Bather


ef the whole black business:

-  joal

the most

 @taatly.

aap ; tort )

1 es

" staking, potet

vite r

‘and: held it there un-
ahi the moment & cum when
Rie nerves broke Awa - Oe ately.
 @ed eB SrA, miserable wretel,
with saliva funning oul
‘dere of hig) mouth and ‘a took &x-
sing the most abject fear on his
fi 2om he Was supported on he scaffold
 gentil the trap fell.

and with the fall of the tap came
the most horrible and grewsome part

fing felon, us he ahet
control of himself. entirely,
Pants
came Snumed and sokdued
the loose: folds bl ay
cap :
The hanging Nitactt, ‘Wael. i Gigi
ite practical st andpolnt, Was ane of
a successful ever” itnessed
fa Mew Orleans, and Sparo died. ine
“The. executioner, Prank
: Johnaton, of Bay St. Louis,
 etood the “spark he was. to ado,

“gfacged — ‘the fall according to tha

 KRaight pr the. man, and placed). thre &

pwinte in ihe Wnot: of the noose,
tee result wos \ ompound Pra.
ef the neck bum dow
the epitnal cord !
@meritt Matt Lean)

few inside the. sy ats;
 etound The: Balin we ¥
end Quiet gone,
nanitewting: — no”
leterousneas,

aya

only ow

camprtent ie rents otienra |
het ahd. patablinked 820% ivaiiniete
gyaterm of guards aro: Hind Woe Naat
ft was newt tei Ln gomedte | 00 Pain

¥ cna ‘Trhuyeday a pawdaer
; i t

nob vel beet Je:

the ube Murder, This” Beiog the Fleet.
a Execution, in the United States,

hie See Weer soley

of the cor:

hig cell,

KF eather Cioling, &

the dy- [talker, paced
through space.
conee or twine anked to
a@ his terror Ina scream which.

Lats be) excuBes

Tdeath.
would

j itallaa

A under
ata

are
grat pois ot

1 Cry wed
a ‘ooking.

Wed da UAL

ue nik watch back into his

hecdkiien

he lates his pitiore

Maat,

an

Matia

nak the cate peason for Hparo’s rée-
‘moval There was peeve und more
linportant, Sherif Long and Captain
Meredith, after #. brief consultation,
agreed that It was barely ousible
that some polson had been brotught
io Spare, and he had concealed it in
and this chancs and the
sharpshooter story led to & speedy

after his violent seene with
a soene in which pire.
participated an an excited
up and Aown
row corridor for @ 1Ong

pchanictn of cells.

Bparo,
Spare

tines and

re-enter. the firat cell. giving various
‘i for ie haa ein nyeasers aated,
but. Deput enry -
ok had his. orders. ‘and
not unlock the gate.
osparo. some Tih alter
lay agowh o> fia col, Dut got up in
a few minutes und requested to be
allowed out fn the corridor again,
The ateel door Wie opened and the
came forth, and passed the
until. 20 minutes before
k, in walking up and down and
teputies Carroll,
Lund, of the
of the soul

itn
oO dive
cunveraling with
Join Woyie and John
Heath Ward. The astute
wt tae:
of conversation,
eral times Chat he nad faith in
aud boped Unat he. would.
Heaven.
Ww hakh

chrbat
go to
‘ime iy 10? naked Bparo,
up. the burred Rate,
“one ot the tall
ai the dimtant hort#on,
jining to pale in: the engl,
Twenty minutes to b Oo clock,
plied” He DUCY Land, conte:

througa
do wey

Ye-

it was awenly.

4, auld Ban. b
Lean way! naked Mr. ee
oeelie
Welt,’ baaeateerts Mpa to, amiling,
a ADAL time a with he
aba eee ahh Oe
‘urning tu Carrell

and) wanted the deputy to

One et then ad a Burt: of keeps

Maybe

don ©
tnarked.
uate tine Onan”? the Italian
afated, To wanta my wife ta keepa
pia picture, #0 when my chiben @row
ieee, he Can show dem, an way,
hot was your papa :

eOuUr wife il
mind me,

want them,
Carrot te.

a “kind

—Nittea

delivered with

the nar:
be allowed to:

Carroll, of the.

pald, or

“mianight was all over.

che ha
death was aenerally: the topic
ynd Sparo raid sev~

his reaktaat over,
arid
tawer wine:
which

faa
"1 to makin

ose c

Hpato eald. eae
taken the day.

rr varmed him
Riera it rs
ay ae
“Great tears am rac
low cheoks, and
through a fimy
o@, ne eahrare
five or aix ona
went to her father’s atime, §
caressed hear fondty: the eb %
peal’ ad over and over, “oO mi
L.
wife. }
Feound her nec
bosom, but leaning
gat on tt okey
to her ilps and ly Pe
The kiss was shaken wavage
such eile
Sparo, hurriedly walking aw
the aheeri ft and t as
Pimeel as though he one
imeelt In. a further display |

was not only 8a
the pathos was

ong been strangers.
#paro returned to the col
floor and made his dee ar
Father Clolino He said tha
half crased with worry &
awfulness of his position t
before, and had not realized.
how he had acted,

Father Ciolino stayed him
had taken no offense, and h
pl ane d by the whd
tha art by hf
sabe “tears he kind

onner,
brought
gisting of some raw Povate
cheese, coffee and bisculta, t

d asked for. The prt
resseé a desire for some f£
ere, and Mrs. Oo Conner
the kitchen and cooked a
dish of the bivalves,’

Bparo,, however, ate ver

he sat J
against, the wall and tal
Captain  Meridith,.

Deputy Speliman ar:
bim. Once or.twice Ka ROH
by insinuated that whlte h
ering others were living 1)
and 649€

lace. r

when they shoul
hat was the nea
a gonfesalon.:
Sherlft ng, always ce
ever workin fn the inters
tice, devised a clever ®
Heady a the Mi:

who,

penrance.
enka an

t eee

The agent eisoa by he (
of the condemned gallery
affecting @ aie pa es mor
aion, #uch Ba nig he #
faces of many of t
while pretending ae ateare |
tened to Sparo alking. ke
Father Ciolino,

Bparo- mentioned —

’ Lore hel


oot. —
| ‘Maybe
bate ‘Bar wreoll
ue ‘auf, sha. . italian
gtated,. ‘wante my wite to ‘Koepe
yna picture, ‘en When i chil’en, grow 4 ¢
bees whe can enti gem, an eax
‘that was your papa. RO ERS Eo
Spare. then reterrea to the kind
“treatment ne had raceived gines bew
ing in the. prigon, and said that
sheriit Long, Captain Meridith and
As ‘the deputies had been good and

the of ith him, after which be €n-]
when the Pauereal =f : eek, again, jay down ont & 5
exereiae | the b nd called out to the depu- | were made, 8
heavy one of | Hed te wuke him at 6 o'clock if he Organ ang oe at
of ths ih 4 | should Ko tu sigep, and nave hia bath | of the beautif pon n
ring a le At a few minutes befor’
itien Spa bout restiesaly, and | 6pe od to Sherif
sitele, Ay ¢ cane oO his eyem. of his oh ‘wae too
Before o'clock tha man was Up.
at the and bidding the de uties g@vod morn-
Yew the bt ai an t t- ling, prepared for hie bath. He egain
% wend 4 stationed | asked leave to &o into pen No, J, : mon
mn : a saying that he wanted to aut hia new | er and the 11
t ab, underwear, but the deputies refused | fifteen men requi
ma KEL Tt hin, and went for - ihe garments octors, Were
} éner | da \ ae thempelves. ee a ee to the.
Cemto  Atter bathing Sparo dressed him-
-gelt In the clothes 16 was to weer 6a
the gallows, & nest hlack coat and
pet yrouserel Were veat, whe
ha yirt, dow,” nad- 1 Coll
Eparo would not ' shirt, dow, turné own collar, black

nciecin ea

| Beer “facials, pUtcing the, and soft black slippers. He went}

to m giase at the end of the hall an
earefuily combing bis. hair, view | “Goods bY ou
ee ANoe reflection with evident satioflac fae” promiscuously
‘Pie death watch was changed then,
and the condemned man cordial
ghook bands with Carroll, Dople and]
Lund, bade the last two good-bye, {
und sald to Carroll that he want a ang liman.-
to ace hit later in the day. 4 fj a iva <
Feather Devine, one of the faithful] the” u
elergymen atigohed to St. Joseph's
diocese, reached the prison at 6:80]
o'clock; coming in Eeeponte to 8 "oy
requegt. Father Devine went to thes
condemned ‘oor, and was wartaly
2 ment oan _| Ele Seitept tm ageing. the wraitor.
: es Nd ee a ane G6 mn seeing the vielter, |
eiin’a Food is endorecd by the phy- vathers Devine is He AS eat aide
iclane, Hundreds of  dottera are | quent priest, and taking Sparo into
tixing Mellin's Food in their own farm- nin cell, talked to him for some tim ;

atone sisi ‘a eas, [holding up before him the deauti 3

or theis own children. i Mel+ | charactors of tha saints and impreas-
od ig good for the doctor @ bavy [ing upon his mind that humility ase
Ato be good for your beby. | lowligess were aoe ot | the Yoniat |

if you would like to try | ihe ioe AlapIA
ad we will send you & , oy 8
oa of charge.


HOD

@

AS AN ADOLESCENT HE RECEIVED ELECTRIC SHOCK TREATMENTS THREE
TIMES A DAY FOR A MONTH. THROUGH SPEAKING WITH ROBERT ANO
REVIEWING HOSPITAL RECORDS ONE EXPERT WITNESS FELT THAT
THESE TREATMENTS MAY HAVE BEEN GIVEN WITHQUT ANESTHESIA OR
OXYGEN WHICH WOULD ADD TO ALREADY EVIDENT BRAIN INJURY.

WOULD THESE FEW FACTS HAVE SWAYED THE. JURY IF THEY HAD BEEN
HEARD AT ROBERT’S TRIAL? ONE BRAVE JUROR SAYS YES. ONE OF
THE JURORS HAS COME FORWARD, UNSOLICITED, AND SAID THAT HAD
HE KNOWN OF THE MENTAL RETARDATION AND BRAIN DISORDERS HE
WOULD HAVE VOTED FOR A LIFE SENTENCE RATHER THAN THE DEATH
SENTENCE. ONE CAN ONLY GUESS THE OTHERS WOULD AGREE.

eee ee eee ee eee ee ee ee ee ee ere ee eee De Ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee ee

WHAT CAN WE DO NOW?

1) WRITE, CALL, FAX, TELEGRAM OR VISIT GOVERNOR EDWARDS AND
LET HIM KNOW THAT YOU BELIEVE THAT ROBERT SAWYER’S SENTENCE

SHOULD BE COMMUTED TO LIFE. GOVERNOR EDWIN EDWARDS
STATE CAPITAL

BATON ROUGE, LA 706804
(804) 342-7015
FAX (504) 342-7099

2) WRITE A LETTER TO THE EDITOR EXPRESSING YOUR FEELINGS
ABOUT THE LOUISIANA PRACTICE OF EXECUTING PERSONS WITH
MENTAL RETARDATION AND MENTAL IMPAIRMENTS, ESPECIALLY ABOUT
THE EXECUTION OF ROBERT SAWYER.

P 3) PLEASE CONSIDER WRITING TO ROBERT SAWYER TO LET HIM KNOW

OF YOUR SUPPORT, PRAYERS AND EFFORTS. WHEN WRITING MAKE

SURE TO COPY THIS ADDRESS EXACTLY AS IS SO THAT HE WILL

RECEIVE HIS NOTE FROM YOU: MR. ROBERT WAYNE SAWYER
DOC# 99013

DEATH ROW
LOUISIANA STATE PENITENTIARY

ANGOLA, LOUISIANA 70712

&) IF YOU CAN SEND $1 FOR THE COST OF MAILING AND PRINTING
INFORMATION AROUND THIS EXECUTION EMERGENCY IT WOULD BE
GREATLY APPRECIATED.

REMEMBER, THERE IS LITTLE HOPE LEFT FOR ROBERT ’S: CASE IN THE
COURT SYSTEM. THE EMPHASIS IS REALLY ON THE GOVERNOR.

THANK YOU, THANK YOU, THANK_YOU IN ADVANCE, FOR YOUR EFFORTS

TO KEEP LOUISIANA EXECUTION-LESS. IF WE CAN PROVIDE ANY
ADDITIONAL INFORMATION PLEASE CALL US IMMEDIATELY.

katy y (dey ey

_ MICHAEL SINTEF KATY ecg
PILGRIMAGE FOR LIFE

916 ST. ANDREW STREET
NEW ORLEANS, LA 70130
(504) 522-5519
(504) 523-7366

ACTION OPTIONS * ACTION OPTIONS * ACTION OPTIONS * ACTION OPTIONS *
OPTIONS * ACTION OPTIONS * ACTION OPTIONS * ACTION OPTIONS * ACTION

HERE ARE SOME THINGS YOU CAN DO TO HELP STOP THE EXECUTION OF ROBERT
WAYNE SAWYER:

1) Write, call, fax, telegram or visit Governor Edwards and let him
know that you believe that Robert Sawyer's sentence should be commuted
to life. Governor Edwin Edwards

State Capital

Baton Rouge, LA 70804

(504) 342-7015 FAX (504) 342-7099

2) Louisiana residents should contact their state legislators and
members of congress to alert them to the facts surrounding Robert's case
and urge them to commmicate their concerns directly to the Governor.

3) Pilgrimage for Life has joined with the Association for Retarded
Citizen to rent the billboard shown below. The billboard is located on
I-10, right on the exit to the Governor's mansion. If you would like to
be a part of this effort and future efforts of sending LARGE messages to
our elected officials and the general public you can ‘commission’ same
of the space. See the back page for more details.

4) Please consider writing to Robert Sawyer to let him know of your
support, prayers and efforts. When writing, make sure to copy this

address exactly as it is, so that he will receive his note from you:
Mr. Robert Wayne Sawyer

boc # 99013

Death Row

Louisiana State Penitentiary
Angola, Louisana 70712

IN THE EVENT that the execution proceeds, vigils will be held throughout

the state. Please join us. We need your presence.

*xkk New Orleans - March 4th, 6pm to 12:30am, In front of the Fifth
Circuit Court of Appeals, 600 Camp Street (In the event of
a stay we will still gather at 6pm to celebrate).

*kk Baton Rouge - March 4th, 8pm in front of the Governor's mansion

*kk Shreveport - March 4th, 7pm Downtown Parish Courthouse

*kk At Angola - March 4th, At the gates to the Prison, 10pm to Midnight.

THANK YOU IN ADVANCE FOR YOUR EFFORTS TO KEEP LOUISIANA EXECUTION-LESS!
IF WE CAN PROVIDE ANY ADDITIONAL INFORMATION PLEASE CALL (504)522-5519.

PILGRIMAGE FOR LIFE and ihe ASSOCIATION FOR RETARDED CITIZENS OF
LOUISIANA have joined forces to put up this message on the Interstate 10
exit ramp leading to the Governor's mansion. If you would like to be a
part of this effort, and future billboards, consider ‘renting a foot'(or
more!). The billboard is 14'x 40' giving us 560 square feet of
communication with the governor AND THE PEOPLE WHO ELECTED HIM.

We are offering each square foot of this and future billboards at the
price of $4.00. So here's what you do:

Yes, I would like to be a part of the LARGE MESSAGE !!! Here is:
$100 for 25 square feet $40 for 10 square feet

$20 for 5 square feet S for square feet

Name

Address
THANKS FOR COMMUNICATING IN A VERY LARGE WAY WITH THE GOVERNOR.

aera Sn ee NON-PROFIT ORG. |}

916 St. Andrew Street

New Orleans, LA 70130 U.S. POSTAGE
PAID

FORWARDING AND ADDRESS CORRECTION REQUESTED hi nee

NEW ORLEANS, LA |.

WATT ESPY
P.O. DRAWER 277
HEADLAND AL 36345

INFORMATION CONCERNING ROBERT WAYNE SAWYER ** INFORMATION
CONCERNING ROBERT WAYNE SAWYER ** INFORMATION CONCERNING
ROBERT WAYNE SAWYER ** INFORMATION CONCERNING ROBERT WAYNE
SAWYER ** INFORMATION CONCERNING ROBERT WAYNE SAWYER *x

27 JANUARY 1993

43 YEAR OLD ROBERT WAYNE SAWYER HAS A SCHEDULED EXECUTION
DATE OF MARCH 5.1993 (SHORTLY AFTER MIONIGHT ON THE 4TH).
ROBERT SAWYER WAS SENTENCED TO DEATH IN 1980 FOR THE 1979
MURDER OF FRANCES ARWOOD IN GRETNA, LOUISIANA. SAWYER’S CO-
OEFENDENT, CHARLES LANE, IS SERVING A LIFE SENTENCE. THERE
ARE MANY FACTS ABOUT THIS CASE THAT THE JURY NEVER HEARD:

1) ROBERT SAWYER IS MENTALLY RETARDED. WITH AN IQ OF 68 AND
A WRITING AND MATHEMATICAL SKILL LEVEL AT A 2NOD OR 3RD GRADE
LEVEL, MR. SAWYER HAS DIFFICULTY, TO THIS DAY, UNDERSTANDING
THE LEGAL RAMIFICATIONS OF HIS CASE.

2) ROBERT ALSO SUFFERS FROM ORGANIC PERSONALITY SYNDROME -
FORMERLY CALLED ORGANIC BRAIN DISORDER. THIS IMPAIRMENT
RENDERS HIM UNABLE TO USE APPROPRIATE SOCIAL JUDGEMENT AND
CONTROL IMPULSIVE BEHAVIORS. ROBERT REACTS TO THE STIMULUS
SURROUNDING HIM AT ANY GIVEN TIME. IF THE STIMULUS IS
VIOLENT, HE IS LIABLE TO RESPOND 10 THE SAME. THIS FACT IS
ALSO EVIDENT. IN HIS PRISON BEHAVIOR. THE CONTROLLED
ENVIRONMENT HAS HELPED HIM TO REMAIN CONTROLLED AND
COLLECTED. ’

3) THE PATTERN OF VIOLENCE IN ROBERT SAWYER’S LIFE STARTED
EVEN BEFORE HE WAS BORN. WHILE PREGNANT WITH ROBERT AND HIS
TWIN SISTER, ROBERT’S SICKLY MOTHER WAS BEATEN AND RAPED BY
HER HUSBAND. HIS MOTHER WAS DISTRAUGHT WHEN SHE FOUND OUT
SHE HAD GIVEN BIRTH TO TWINS AND TRIED TO KILL THE INFANT
ROBERT ON TWO OCCASIONS - ONCE BY SUFFOCATION AND ONCE WITH
A FIREPLACE POKER. WHEN ROBERT AND HIS SISTER WERE ONLY
THREE MONTHS OLO HIS MOTHER COMMITTED SUICIDE BY SHOOTING
HERSELF IN THE CHEST WITH A SHOTGUN. ROBERT’S SISTER WAS
TAKEN FROM THE HOME AND RAISED WITH AN AUNT. ROBERT WAS LEFT
TO LIVE WITH HIS FATHER’S HAPSH AND FREQUENT PHYSICAL ABUSE,
HE WAS HORSE WHIPPED, BEATEN WITH FARM IMPLEMENTS AND BEATEN
UNCONSCIOUS. AT AGE FIVE, ROBERT WAS UNCONSCIOUS FOR 45
MINUTES AFTER "FALLING OFF A BIKE". ANOTHER TIME HE WAS
KNOCKED OUT FOR SEVERAL HOURS AFTER A “FIGHT WITH ANOTHER

CHILD". AND MORE.

4) IN ONE OF THE MANY VIOLENT ENCOUNTERS WHICH ROBERT
ENOURED AS A CHILD AND ADOLESCENT THERE WAS FURTHER INJURY
TO HIS BRAIN - FRONTAL LOBAL INJURY, EASILY IDENTIFIABLE IN
AN MAGNETIC RESONANCE IMAGING (MRI). ADDITIONALLY DURING
ONE OF ROBERT’S FOUR INPATIENT PSYCHIATRIC HOSPITALIZATIONS

Cowtiwued)

i
Fe
E iy
i

2
B
Fe

‘
E
j
s

302 772 FEDERAL SUPPLEMENT

On October 5, 1990, the trial court summar-
ily denied Sawyer’s application as repetitive
and without merit... The Louisiana Su-
preme Court denied Sawyer’s supervisory
writ:without opinion on October: Ith, .1990.
On October 8, 1990, Sawyer filed his second
petition for federal habeas corpus relief in
this Court.6 In.this second petition, the
present petition before the Court, Sawyer
raises six grounds for relief, described in
his petition as follows:

1) Mr. Sawyer: was denied due -process
anda meaningful and individualized sen-
tencing determination because of trial
counsel’s unreasonable failure to investi-
‘gate and present compelling and readily
available mitigating’ evidence ‘and ‘to ob-
tain defense mental health experts in vio-
lation of the* Sixth, Eighth, and Four-
teenth Amendments to the United States

Constitution. *: pate ris Enea

9) Mr. Sawyer was incompetent to pro-
ceed to trial, and while the issue of com-
petency was raised, it was not adequate-
ly resolved because the sanity commis-
sion members rendered an incompetent
_ evaluation in violation of his rights under
the Sixth, Eighth and Fourteenth Amend-
ments to the United States Constitution.

3) Mr. Sawyer will remain conscious
during his execution by electrocution and
will be unnecessarily tortured; his execu-
tion will not comport with this society’s
evolving standards of decency and will
violate the Eighth and Fourteenth
' Amendments to the United States Consti-

tution.

4) Louisiana's electric chair is riddled
with design defects which. cause exces-
sive burning, mutilation, and pose a fu-

6. At that time, Sawyer’s execution was sched-
uled for October 10, 1990. On October 9, 1990,
the Governor of Louisiana, Governor Roemer,
granted a reprieve and stay of execution for
thirty days so that the Pardon Board could fully
review the case. On November 13, 1990, Judge
Joseph Tiemann, District Judge of the Twenty-
Fourth Judicial District Court issued a warrant
for Sawyer’s execution to be carried out on
December 14, 1990. On December 12, 1990, this
Court stayed the execution to conduct an evi-

_- Amendments to the United States Consti-

ture risk of even greater torture in viola-
tion. of the Righth and . Fourteenth

tution and article. 1,. section 20 of the
.Louisiana Constitution.”

5) The Eighth Amendment to the Unit-

“ed States Constitution forbids the State  %

- fyom ‘carrying out the imposition of the |
death penalty to Mr. Sawyer [sic] by ao

electrocution. vey} ;

ee

6) The State hid exculpatory ‘evidence, 4 |

_ failed to reveal that its star witness had.
_ been promised immunity in exchange for. ..

“false testimony at trial in violation.of Mr., @

 Sawyer’s rights under the Sixth, Eighth, |
and Fourteenth Amendments to the Unit-.

‘ed States Constitution.

Ill.

whether his claims are barred pursuant to-
Rule 9(b) of the Rules Governing Section ©

2954 Cases. Rule 9(b) provides: a ;

(b) Successive petitions. A second or.
successive petition may be dismissed if
the judge finds that it fails to allege new
or different grounds for relief and the
prior determination was on the merits or,
if new and different grounds are alleged,
the judge finds that the failure of the
petitioner to assert those grounds in @. -
prior petition constituted an abuse of the.

writ. ‘
28 U.S.C. § 2254 Rule 9(b) (West 1991)...

A. Successive Claims :
[1,2] A claim in a second federal habe-~

as corpus action may be barred as a succeS- 3

dentiary hearing on Sawyer’s claim that Lou
‘ana’s electric chair is defectively designed. ~”

7. Federal habeas corpus relief can be grant
only for violations of the Constitution or laws of
- the United States. See Wills’ v. Egeler, 532 F.2d
1058 (6th Cir.1976).. For that reason, the’ alo
leged violation of Louisiana's constitution is notys
discussed herein. a

ae
es
Bt ig

As this is Sawyer’s second federal habe: me
as petition, the Court must first consider E _ :

_ her. testimony, and— knowingly offered, =


leat: dhe Sie tev Bh A al

300 7172 FEDERAL Menene

I.

Robert Sawyer is a state prisoner incar-
cerated at the Louisiana State Penitentiary
for the murder of Frances Arwood...: Al-
though the gruesome details of the murder
of have been recounted several times ', the
Court does so again for a proper under-
standing of the ruling herein.

A series of bizarre and frightful
events, which led to the death of Fran
Arwood, occurred at the residence where
defendant [Robert Sawyer] was living
with Cynthia Shano and Ms. Shano’s two
young sons. Ms. Arwood was divorced
from Ms. Shano’s stepbrother, but re-
mained friendly .with her and often
helped her by taking care of the children.
Defendant had lived with Ms. Shano in
Texas for several months and had pro-
fessed an intention to marry her. .

On September. 28, 1979, :Ms. Arwood
was staying with Ms, Shano and helping
with the children while Ms. Shano’s
mother was in the hospital. Defendant
and Ms. Shano went out for the evening.
Defendant returned at about 7:00 o’clock
the next morning with Charles Lane,
whom defendant had apparently met in a
barroom and had invited to the residence
for more drinking and talking.

Defendant and Lane continued their
drinking while listening to records. At
some time during the morning, Ms. Sha-
no left to check on her hospitalized moth-
er. When she returned, she noticed that
Ms. Arwood was bleeding from her
mouth. Defendant told Ms. Shano that
he had struck Ms. Arwood after an argu-
ment in which he accused Ms. Arwood of
giving some pills to one of the children.

The reasons behind the events that
followed are difficult to discern accurate-
ly from the record and more difficult to
comprehend. However, defendant does
not vigorously contest the fact that Ms.
Arwood in his presence was beaten,

scalded with boiling water and burned
with lighter fluid, or that the ferocity of
the attack and the severity of the injuries

1. See Sawyer v. Smith, — U.S. —, 110 S.Ct.
2822, 2825, 111 L.Ed.2d 193 (1990); Sawyer v.
Butler, 848 F.2d 582, 585 (Sth Cir.1988); Sawyer

Ms. Shano’s.. absence, defendant and —
Lane, for:some unexplained. reason,  de-

‘dragged Ms. Arwood by the hair to the } a
~ ly kicked her into the bathtub, where sh
‘was subjected to dunking, scalding with
~ hot water, and additional beatings with

- to resist the sadistic actions of her tor

strike either the tub or an adjacent win-:

caused her to die several weeks later §&
without ever regaining consciousness. a
, After the original altercation during

Piscine at pies

cided that Ms. Arwood needed a bath.
When she resisted, defendant struck her §&
in the face with his fist, and both men .@
pummeled her with repeated blows. Ms.

~ Shano objected, but defendant locked the Z

front door and retained the key, threat- =
ening to harm Ms. Shano ‘if she inter-. 4

* fered or ever revealed the incident.

Acting in concert, defendant and Lane

bathroom, stripped her naked, and literal- “

their fists. A final effort by Ms. Arwoo

mentors resulted in defendant’s -kickin¢
her in ‘the chest, causing her head ’to®

dowsill with such force as to render h
unconscious. ‘Although she did not’ 're-
gain consciousness, defendant and Lan
continued to-use her body as the obje
of their brutality. 7 pe
Defendant and Lane dragged her ‘cont
the bathroom into the living room, wh re
they dropped her, face down, onto.
floor. Defendant then beat her wit
belt as she lay on the floor while Lar
kicked her. They then placed her.on he
back on a sofa bed in the living. TOC
‘As Ms. Shano went to the bathroom, she =
overheard defendant say to Lane that he Ks
(defendant) would show Lane “just how oy
cruel he (defendant) could be”. When
she reentered the living room, she wa
struck by the pungent smell of burnin
flesh. She then discovered that defen-.
dant had poured lighter fluid on Ms.:
wood’s body (particularly on her, “tor Y
and genital area) and had set the lig!
fluid afire. = Feeley
Then, displaying callous disregard Oe 4
the helpless (and mortally injured).yictigy,
defendant and Lane continued to,Joung

v. State, 442 So.2d 1136, 1136-37: ates
State v. Sawyer, 422 So.2d 95, 97-98 8 (La
bat Te

about tl
and disc
wood’s |
the beat
tim.
Shortl:
and. nep
nephew
gave Ms.
and she
her | rel:
(“‘they’ve
to kill me
nephew :
side and
Ms. Arwi
_ They alsc
his -feet *
couch.
In the
police an
authoritie
defendani
to a hos
died.

State v. Sa
notes omitt

Sawyer v

murder and
ber 19, 1980
tion remedie
all stages, I

2. Sawyer an

also was co
he received
parole, prol
See State v
(affirming I

3. The Unite

for consider
aggravating
paired the «

4. On appeal

lenges to h
whether he
counsel; 2)
because the
state law re
capital case
at least five :
misconduct
their role in

to avoid
of the. wrt

ailure sto “file ®
1 was due’ to.
, interference 7
claim. imprac
‘ity of factual
-onstitutional; be

nd ee .

os foe:

and Phrases**

er iS unabl
aim from: prior,

“SAWYER: v.

WHITLEY 299

Cite as 772 F.Supp. 297 (E.D.La. 1991) |

to trial and prisoner offered no evidence of
innocence to satisfy fundamental miscar-
riage of justice exception to cause require-
ment and, therefore, competency claim was
barred as abuse of the writ...Rules Govern-
ing § 2254 Cases, Rule bn 28 U. s. C.A.
foll. § 2254. 7?

11. Habeas Corpus, €=898(3)

Prisoner’s claim that: Louisiana’s elec-
tric chair had been. defectively designed
was based. on evidence that was not in
existence at time of prisoner’s first habeas
corpus petition and prisoner would suffer
actual prejudice if electric chair did not
meet constitutional standards and, . there-
fore, claim raised for. first time in second
habeas corpus petition was not abuse of
the writ; Louisiana did not maintain main-
tenance or repair records on electric chair,
reports about executions, or documentation
of postexecution. condition of persons .elec-
trocuted by. state, and prisoner’s evidence
consisted. of eyewitness. ‘affidavits. sub-
mitted by. people who witnessed executions
after prisoner’s first: petition. .Rules Gov-
erning § 2254 Cases, Rule 9(b), 28 U.S.C.A.
foll. § 2254;. U.S.C.A. Const.Amend. 8.

12. Habeas Corpus <898(3)

Prisoner offered no explanation for his
failure to raise, in first habeas corpus peti-
tion, his claim that state hid exculpatory
evidence, despite pretrial request for such
evidence, and, therefore, claim raised for
first time on second petition was abuse of
the writ; legal and factual support for
claim had been reasonably available at time
of initial petition. Rules Governing § 2254
Cases, Rule 9(b), 28 U.S.C.A. foll. § 2254:
U.S.C.A. Const.Amend. 8.

13. Habeas Corpus ¢=898(2)

Prisoner failed to show that his first
habeas counsel had been constitutionally
ineffective for failing to investigate and
obtain evidence to support prisoner’s claim
that state failed to reveal requested excul-
batory evidence and, therefore, claim raised
for first time in second habeas corpus peti-
tion was barred for abuse of:-the writ.
Rules Governing § 2254 Cases, Rule 9(b),

8 U.S.C.A. foll. § 2254; U.S.C.A. Const.
Amend 4

14. Habeas Corpus ¢=898(2)

‘Even if prisoner’s first habeas counsel
had ‘been’ ineffective for’ failing’ to raise
claim‘ that: ‘state ‘had withheld’ requested
exculpatory: evidence, ‘‘prisoner could not
show that ‘héwas prejudiced ‘and, ‘thus,
claim raised for time in second habeas cor-
pus petition was barred for abuse of the
writ.: Rules Governing § 2254 Cases, Rule
9(b), 28 USCA. foll. +§ 2254; U.S.C.A.
Comet Amend. GH eR Ree RY

15. Crimizial Law: 1213. (8).

“Louisiaria’s“ electric: chair does not
cause wanton or unnecessary infliction of
pain and, therefore, design of electric chair
does not violate Eighth Amendment, even
though ‘design’ could have been improved;
electrocution in manner performed by Loui-
siana provided’ sufficient electrical current -
to the brain to result in instantaneous dis-
ruption of brain’s ability to operate, imme-
diately rendering condémned prisoner ‘un-
conscious’ and “unable ‘to “feel ‘pain.
U.S.C.A. Const.Amend. 8. ~ ,

Nicholas ‘J. Trenticosta, New Orleans,
La., for petitioner.

Dorothy A. Pendergast, Asst. Dist. Atty.,
Research & Appeals, Gretna, La., Annette
Viator, Chief Legal Counsel, Dept. of Cor-
rections, Baton Rouge, La., for respondent.

MEMORANDUM OPINION

MENTZ, District Judge.

This death penalty case is before the
Court for review of Robert Sawyer’s sec-
ond petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254: In the inter-
est that the validity of his conviction be
finally resolved, the Court permitted Saw-
yer to amend this second petition’ three
times. The State filed responses to’ the
petition’'and each amendment. ‘After care-
ful review of the briefs and evidence sub-
mitted by the. parties,.the record, and the
applicable law, the Court denies. Sawyer's

asad tee nan: Bee eerie” Ban Bi ia sea)


to aie several weeks. later
- regaining consciousness..:;
original altercation during
s absence, defendant and@
yme unexplained reason, de-
Ms. Arwood needed a bath.
ssisted, defendant struck her,
with his fist, and both men
er with repeated blows. Ms,
ted, but defendant locked the ;
und retained the key, threat
rm Ms. Shano ‘if she pe
er revealed the incident. °
concert, defendant and Lane
.. Arwood by the hair to the
tripped her naked, and liter
r into the bathtub, where sh
ed to dunking, scalding wit h
and additional beatings: wi
A final effort by Ms. Arw
e sadistic actions of her ‘tor 8
sulted in defendant’s kicking *
chest, causing: her hea
r the tub or an adjacent
n such force as to rende
ae ugh she did no
ous: defendant and’ Lan
o-use her body as the ‘objec

ed her, face. down, “onto.
‘endant then beat her with,

"7

_ They then placed her. on hi
sofa bed in the living roor
ano went to the bathroom, |
defendant say to Lane that t
) would show Lane “just: he
defendant) could be’. “When
ed the living room, she"
the pungent smell ofburning:
e then discovered that. defe
youred lighter fluid on Ms.
dy (particularly on her ;t0
11 area) and had set the e ligt

ss (and mortally injured).¥i ea
-and Lane conten) to. aa ng

So. 2d 95, W796 tea 4

og
Vy «

wyer,

SAWYER v. WHITLEY —

301

Cite as 772 F.Supp. 297 (E.D.La. 1991)

about the residence listening to records
and discussing the disposition of Ms. Ar-
wood’s body. Lane fell asleep next to
the beaten ‘and swollen body of the vic-
tim. GS od

Shortly after noon, Ms. Shano’s sister
and nephew. came .to .visit.’ When the
nephew -knocked | insistently, defendant
gave Ms. Shano the key to open the door,
and she ran screaming to the safety of
her relatives. Her excited ravings
(“they’ve killed Fran and they’re trying
to kill me”) were incomprehensible to her
nephew and sister until they looked in-
side and saw the gruesome scene and
Ms. Arwood’s beaten and blistered body.
They also saw the defendant sitting with
his. feet propped up on the edge. of the
couch.

In the thsantine, Ms. Shano valled for
police and emergency units. When the
authorities arrived, they took Lane and
defendant to jail, and rushed Ms. Arwood
to a hospital, ‘where ‘She’ subsequently
died.

State v. " Sowger,, 422 So.2d at 91-97 (foot-
notes omitted).

AL

Sawyer was ‘convicted of first degree
murder and sentenced to death on Septem-
ber 19, 1980.2, He has pursued post-convic-
tion remedies for more than a decade. At
all stages, he was represented by counsel.

2. Sawyer and Lane were tried separately. Lane
also was convicted of first degree murder, but
he received a life sentence without benefit of
parole, probation, or suspension of sentence.
See State v. Lane, 414 So.2d 1223 ((La.1982)
(affirming Lane’s conviction).

3. The United States Supreme Court remanded
for consideration of whether the invalidity of an
aggravating circumstance in sentencing im-
paired the death sentence.

4. On appeal, Sawyer raised: only three chal-
lenges to his confinement and sentence: 1)
whether he was denied effective assistance of

counsel; 2) whether he was denied due process:

because the trial court failed to comply with a
State law requiring that counsel assigned in a
Capital case must have been admitted to the bar
at least five years; and 3) whether prosecutorial
misconduct erroneously misled the jury “as to
their role in: the death penalty determination.

The Louisiana Supreme Court affirmed
his conviction and sentence on direct ap-
peal. State v. Sawyer, 422 So.2d 95 (La.
1982).° The United States Supreme Court
vacated and remanded the case to the Loui-
siana Supreme Court for consideration of
an issue unrelated to the present petition.’
Sawyer v.-Louisiana, 463 U.S. 1223, 103
S.Ct. 3567, 77 L.Ed.2d. 1407 (1983). On
remand, the court again affirmed the con-
viction and sentence... State v. Sawyer, 442
So.2d 1136 (La.1983). Thereafter, Sawyer
filed a state application for habeas corpus
relief.. After an evidentiary hearing, the
state trial court denied relief. Next, Saw-
yer sought a writ of habeas of corpus in
the Louisiana. Supreme. Court, which .sum-
marily denied his application. Sawyer. v.
Maggio, 479. So.2d 360.(La. 1985).

- Sawyer filed-his first :petition for: federal
bakeas corpus relief in this court on. Janu-
ary 20, 1986. Sawyer’s petition raised 18
claims for. relief, all of which the Court
addressed on the merits and denied. On
appeal, the Fifth Circuit affirmed the deni-
al. Sawyer. v. Butler, 848, F.2d 582 (5th
Cir.1988).4 On rehearing en banc, the
Fifth Circuit affirmed the panel’s opinion.
Sawyer v. Butler, 881 F.2d 1278 (6th ‘Cir.
1989). On June 21, 1990, the United States
Supreme Court affirmed the judgment of
the Fifth Circuit. Sawyer v. Smith, —
US. , 110 S.Ct. 2822, 111 L.Ed.2d 193
(1990).5

Sawyer filed his second’state petition for
a corpus relief on October 3, 1990.

In addition, Saviver challenged the district
court's application of a prejudice requirement
‘on the claim of prosecutorial misconduct.

5. The Supreme Court considered only the ques-
tion of whether a prisoner whose murder con-
‘viction became final before the decision in Cald-
well v. Mississippi, 472 U:S. 320, 105 S.Ct. 2633,
86 L.Ed.2d 231 (1985), which prohibits the im-
position of death sentence where the prosecu-
tor’s closing arguments diminished the jury’s
sense of responsibility for imposing a capital
sentence, is entitled to use that decision to chal-
‘lenge -his capital sentence in a federal habeas
corpus action. The Court ruled that he cannot
not, because Caldwell announced a new rule
and did not come within the exception for rules
-necessary for fundamental fairness of the crimi-
nal proceeding.


U.S. SUPREME COURT REPORTS

er’s guilt or innocence of the crime."
Neither does it relate to either of
the aggravating factors found by the
jury which made petitioner eligible
for the death penalty. Even if this
evidence had been before the jury, it
cannot be said that a reasonable
juror would not have found both of
the aggravating factors which make
petitioner eligible for the death pen-
alty.!7 Therefore, as to this evidence,
petitioner has not shown that there
would be a fundamental miscarriage
of justice for the Court to fail to
reexamine the merits of this succes-
sive claim.

We are convinced that the evi-
dence allegedly kept from the jury
due to an alleged Brady violation
also fails to show that the petitioner
is actually innocent of the death
penalty to which he has been sen-
tenced. Much of the evidence goes to
the credibility of Shano, suggesting
e.g., that contrary to her testimony
at trial she knew Charles Lane prior
to the day of the murder; that she
was drinking the day before the
murder; and that she testified under
a grant of immunity from the prose-
cutor. 2 App 589-608. This sort of
latter-day evidence brought forward
to impeach a prosecution witness
will seldom, if ever, make a clear
and convincing showing that no rea-
sonable juror would have believed
the heart of Shano’s account of peti-
tioner’s actions.

[29] The final bit of evidence peti-

120 L Ed 2d

tioner alleges was unconstitutionally
kept from the jury due to a Brady
violation was a statement made by
Shano’s then 4-year-old son, Wayne,
to a police officer the day after the
murder. Petitioner has submitted an
affidavit from one Diane Thibodeaux
stating that she was present when
Wayne told a police detective who
asked who had lit Arwood on fire
that “Daddy [Sawyer] tried to help
the lady” and that the “other man”
had pushed Sawyer back into a
chair. 2 App 587. The affidavit also
states that Wayne showed the officer
where to find a cigarette lighter and
a can of lighter fluid in the trash.
Ibid. Because this evidence goes to
the jury’s finding of aggravated ar-
son, it goes both to petitioner’s guilt
or innocence of the crime of first-
degree murder, and the aggravating
circumstance of a murder committed
in the course of an aggravated ar-
son. However, we conclude that this
affidavit, in view of all the other
evidence in the record, does not
show that no rational juror would
find that petitioner committed both
of the aggravating circumstances
found by the jury. The murder was
especially cruel, atrocious, and hei-
nous based on the undisputed evi-
dence of torture before the jury
quite apart from the arson (e.g.,
beating, scalding with boiling water).
As for the finding of aggravated ar-
son, we agree with the Court of Ap-
peals that, even crediting the infor-
mation in the hearsay affidavit," it

16. [2e] Petitioner does not allege that his
mental condition was such that he could not

form criminal intent under Louisiana law. Tr
of Oral Arg 10.

17. [2f] In the same category are the
affidavits from petitioner’s family members
attesting to the deprivation and abuse
suffered by petitioner as a child. 2 App 571-
584.

286

18. [2h] Wayne Shano apparently has no
clear memory of the crime today. 2 App 602-
603. This fact, together with his tender years
at the time of the occurrence, suggests that
Wayne himself would not corroborate the
affidavit of Diane Thibodeaux, thus suggesting
an independent basis for refusing to find that
the affidavit showed anything by clear and
convincing evidence.

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

cannot be said that no reasonable
juror would have found, in light of
all the evidence, that petitioner was
guilty of the aggravated arson for
his participation under the Louisi-
ana law of principals.”

We therefore hold that petitioner

has failed to show by clear and con-
vincing evidence that but for consti-
tutional error at his sentencing
hearing, no reasonable juror would
have found him eligible for the
death penalty under Louisiana law.
The judgment of the Court of Ap-
peals is therefore affirmed.

SEPARATE OPINIONS

Justice Blackmun, concurring in
the judgment.

I cannot agree with the majority
that a federal court is absolutely
barred from reviewing a capital de-
fendant’s abusive, successive, or pro-
cedurally defaulted claim unless the
defendant can show “by clear and
convincing evidence that but for a
constitutional error, no reasonable
juror would have found the peti-
tioner eligible for the death penalty
under the applicable state law.”
Ante, at ——, 120 L Ed 2d, at 277-278.
For the reasons stated by Justice
Stevens in his separate opinion, post,
which I join, I believe that the Court
today adopts an unduly cramped
view of “actual innocence.” I write
separately not to discuss the specifics
of the Court’s standard, but instead
to reemphasize my opposition to an
implicit premise underlying the
Court’s decision: that the only “fun-
damental miscarriage of justice” in a
capital proceeding that warrants re-
dress is one where the petitioner can
make out a claim of “actual inno-
cence.” I also write separately to
express my ever-growing skepticism

that, with each new decision from
this Court constricting the ability of
the federal courts to remedy consti-
tutional errors, the death penalty
really can be imposed fairly and in
accordance with the requirements of
the Eighth Amendment.

I

The Court repeatedly has recog-
nized that principles of fundamental
fairness underlie the writ of habeas
corpus. See Engle v Isaac, 456 US
107, 126, 71 L Ed 2d 783, 102 S Ct
1558 (1982); Sanders v_ United
States, 373 US 1, 17-18, 10 L Ed 2d
148, 83 S Ct 1068 (1963). Even as the
Court has erected unprecedented
and unwarranted barriers to the fed-
eral judiciary’s review of the merits
of claims that state prisoners failed
properly to present to the state
courts, or failed to raise in their first
federal habeas petitions, or previ-
ously presented to the federal courts
for resolution, it consistently has
acknowledged that exceptions to
these rules of unreviewability must
exist to prevent violations of funda-
mental fairness. See Engle, 456 US,

19. [21] La Rev Stat Ann § 14:24 (West
1986) defines principals as: “All persons con-
cerned in the commission of a crime. . . and
whether they directly commit the act consti-
tuting the offense, aid and abet in its commis-
sion, or directly or indirectly counsel or pro-
cure another to commit the crime, are princi-
pals.”

Even considering the affidavit of Wayne
Shano, it cannot be said that no reasonable
juror would have found that petitioner com-
mitted the aggravated arson, given Cynthia
Shano’s testimony as to petitioner’s state-
ments to Lane on the day of the murder, and
petitioner’s fingerprints on the can of lighter
fluid.

287


U.S. SUPREME COURT REPORTS

at 135, 71 L Ed 2d 783, 102 S Ct
1558 (principles of finality and com-
ity “must yield to the imperative of
correcting a fundamentally unjust
incarceration’). Thus, the Court has
held, federal courts may review pro-
cedurally defaulted, abusive, or suc-
cessive claims absent a showing of
cause and prejudice if the failure to
do so would thwart the “ends of
justice,” see Kuhlmann v_ Wilson,
477 US 436, 455, 91 L Ed 2d 364, 106
S Ct 2616 (1986) (plurality opinion),
or work a “fundamental miscarriage
of justice.” See Murray v Carrier,
477 US 478, 495-496, 91 L Ed 2d 397,
106 S Ct 2639 (1986); Smith v Mur-
ray, 477 US 527, 537-538, 91 L Ed 2d
434, 106 S Ct 2661 (1986); Dugger v
Adams, 489 US 401, 412, n 6, 103 L
Ed 2d 435, 109 S Ct 1211 (1989);
McCleskey v Zant, 499 US ——,
——, 113 L Ed 2d 517, 111 S Ct 1454
(1991).

By the traditional understanding
of habeas corpus, a “fundamental
miscarriage of justice” occurs when-
ever a conviction or sentence is se-
cured in violation of a federal consti-
tutional right. See 28 USC § 2254(a)
[28 USCS § 2254(a)] (federal courts
“shall entertain” habeas petitions
from state prisoners who allege that
they are “in custody in violation of
the Constitution or laws or treaties
of the United States’); Smith, 477
US, at 543-544, 91 L Ed 2d 434, 106
S Ct 2661 (Stevens, J., dissenting).
Justice Holmes explained that the
concern of a federal court in review-
ing the validity of a conviction and
death sentence on a writ of habeas
corpus is “solely the question
whether [the petitioner’s] constitu-
tional rights have been preserved.”
Moore v Dempsey, 261 US 86, 88, 67
L Ed 543, 43 S Ct 265 (1923).

In a trio of 1986 decisions, how-
288

120 L Ed 2d

ever, the Court ignored these tradi-
tional teachings and, out of a pur-
ported concern for state sovereignty,
for the preservation of state re-
sources, and for the finality of state
court judgments, shifted the focus of
federal habeas review of procedur-
ally defaulted, successive, or abusive
claims away from the preservation

‘of constitutional rights to a fact-

based inquiry into the petitioner’s
innocence or guilt. See Wilson, 477
US, at 454, 91 L Ed 2d 364, 106 S Ct
2616 (plurality opinion) (“the ‘ends
of justice’ require federal courts to
entertain [successive] petitions only
where the prisoner supplements his
constitutional claim with a colorable
showing of factual innocence”); Car-
rier, 477 US, at 496, 91 L Ed 2d 397,
106 S Ct 2639 (“in an extraordinary
case, where a constitutional viola-
tion has probably resulted in the
conviction of one who is actually
innocent, a federal habeas court may
grant the writ even in the absence of
a showing of cause for the proce-
dural default’); Smith, 477 US, at
537, 91 L Ed 2d 434, 106 S Ct 2661
(applying Carrier standard to consti-
tutional error at sentencing phase of
capital trial). See also McCleskey,
499 US, at ——, 113 L Ed 2d 517,
111 S Ct 1454 (applying Carrier
standard in “abuse of the writ” con-
text).

The Court itself has acknowledged
that “the concept of ‘actual,’ as dis-
tinct from ‘legal,’ innocence does not
translate easily into the context of
an alleged error at the sentencing
phase of a trial on a capital offense.”
Smith, 477 US, at 537, 91 L Ed 2d
434, 106 S Ct 2661. Undaunted by its
own illogic, however, the Court
adopted just such an approach in
Smith. There, the Court was con-
fronted with a claim that the intro-

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

duction at sentencing of inculpatory
statements made by Smith to a court-
appointed psychiatrist violated the
Fifth Amendment because Smith
had not been informed that his
statements might be used against
him or that he had the right to
remain silent and to have counsel
present. Although the Court as-
sumed the validity of Smith’s Fifth
Amendment claim! and recognized
the potential impact of the state-
ment on the jury, which found the
aggravating circumstance of “future
dangerousness” satisfied, see id., at
538, 91 L Ed 2d 434, 106 S Ct 2661,
it nonetheless concluded, remark-
ably and summarily, that admission
of the statement did not “pervert
the jury’s deliberations concerning
the ultimate question whether in
fact petitioner constituted a continu-
ing threat to society” (emphasis in
original). Ibid. Because Michael
Smith could not demonstrate cause
for his procedural default, and be-
cause, in the Court’s view, he had
not made a substantial showing that
the alleged constitutional violation
“undermined the accuracy of the
guilt or sentencing determination,”
id., at 5389, 91 L Ed 2d 434, 106 S Ct
2661, his Fifth Amendment claim
went unaddressed and he was exe-
cuted on July 31, 1986.

In Dugger v Adams, the Court
continued to equate the notion of a
“fundamental miscarriage of justice”
in a capital trial with the petition-
er’s ability to show that he or she
“probably is ‘actually innocent’ of
the sentence he or she received,”’ 489
US, at 412, n 6, 103 L Ed 2d 435, 109
S Ct 1211, but appeared to narrow

the inquiry even further. Adams’
claim, that the trial judge repeatedly
had misinformed the jurors, in viola-
tion of the Eighth Amendment and
Caldwell v Mississippi, 472 US 320,
86 L Ed 2d 231, 105 S Ct 2633 (1985),
that their sentencing vote was
strictly advisory in nature (when in
fact Florida law permitted the judge
to overturn the jury’s sentencing
decision only upon a clear and con-
vincing showing that its choice was
erroneous), surely satisfied the stan-
dard articulated in Smith: whether
petitioner can make out a “substan-
tial claim that the alleged error un-
dermined the accuracy of the guilt
or sentencing determination.” 477
US, at 539, 91 L Ed 2d 434, 106 S Ct
2661. In a cryptic discussion rele-
gated to a footnote at the end of its
opinion, the Court in Adams rejected
this obvious application of the Smith
standard, apparently for no other
reason than its belief that Adams’
ability to demonstrate a “fundamen-
tal miscarriage of justice” in this
case somehow would convert an “ex-
traordinary” exception into an “ordi-
nary” one. See 489 US, at 412, n 6,
103 L Ed 2d 4385, 109 S Ct 1211. In
rejecting the Smith standard, the
Court did not even bother to substi-
tute another in its place. See ibid.
(“We do not undertake here to de-
fine what it means to be ‘actually
innocent’ of a death sentence”). The
Court refused to address Aubrey Ad-
ams’ claim of constitutional error,
and he was executed on May 4, 1989.

Just last Term, in McCleskey v
Zant, the Court again described the
“fundamental miscarriage of justice”
exception as a “ ‘safeguard against

1, Justice Stevens explained in his dissent-
ing opinion in Smith, 477 US, at 551-553, 91 L
Ed 2d 434, 106 S Ct 2661, that the introduc-
tion of the inculpatory statement clearly vio-

lated Smith’s rights as established in Estelle v
Smith, 451 US 454, 68 L Ed 2d 359, 101 S Ct
1866 (1981).

289


ty The States-ltem

2s oe

| Amusements
Television, «)
Family >

Wo igves - ayoilt £
‘

>

hice

2

a
t

ans

7
ij
y

tee eure ey

"e

10$d

+

te

ge

Friday, March 23, 1979

» ’

;

* The term, “‘classic crime,” may
‘mean different things to different
people,

It may be the “perfect murder”

if

7

SPONDS

i :

b 5

iz é R /
By MARJORIE ROEHL

The Simpson murder case read, in
many respects, like fiction. It had hair-
breadth danger and derring-do. Al-
though the guilt was open-and-shut,
there were elements of mystery — no-
body ever figured out the motive for
murder or why several of the princi-
pals behaved as they did.

bo deere was a hero — but who was it?

Detective Joseph Tardoj who rolled jhotel room were his luggage, $450, his :

The. killing:

or one of historical significance. It

ayMay involve famous people or be *

. surrounded by bizarre circum-

"stances. It may be that rare case.
where good comes from un-
‘speakable evil. Or it may, for
reasons hard to analyze, capture
the public interest.

_ This is the third of a five-part
‘series on murders which, in their
time, were considered among
Lovisiana’s ‘‘classic crimes.’’
Subsequent stories will appear -
each Friday.

wonder whether they’d committed a
robbery or murder or both. I wondered
who the guy was they’d killed.”

The gunmen were Dale Simpson, 26,
red-haired and beefy, and Harold E.
“Eddie” Miller, 23, big and virtually si-
lent.

For Simpson, the day had begun well
before dawn, when he reported to po-
lice that missing from his New Orleans

Section B, Page 1 HN

ua SuQTUS ated

od
L
+

p uo S*ey SsueeTuQ MeN pagnooaryoeTe £34

saenue

61 £94

Cc
a

le

53 * fi i 6 ares ii, : >
impson, handcuffed center, and Harold E. ‘Eddie’ Mil
if

Sot AEE ¥

Cop killer Dale $

‘

t aol my id et : . & :

ler are searched after their arrest at a country store...


SIMPSON, Dale Smith, wh, elec. New Orleans, LA January 26, 1951

“Sig

Safely chained, the blond Simpson is stripped
of weapons by Trooper Albert Mechana while
Marshal Leslie Bourque does same to Miller.

‘ It started out as a simple arrest.
; What sent the two kill-crazy men off on a .

hideous chase with Death?

Where he will strike, and when; what plea for mercy will reach him, what
minor act aroused his fury, are never known. His way is the uncharted
course of the mad bull. And when such killers travel in pairs there is panic
that clutches at the throats of wayfarers and holds tight until the killers have
been chained and peace again restored.
; It was such panic as this that gripped the lower arm of Louisiana early in
é September, 1948. And, as is often the case, the terror reign got underway in
quiet enough fashion with no more than a simple complaint, placed at the
New Orleans police department by a blond youth of powerful build and
pleasing manner.

“My name is Dale Simpson,” he told the desk sergeant. “I’ve been robbed
of $450 and my pistol by my pal, H. E. Miller.”

It was not unusual for travelers to carry firearms providing they had a permit,
and Simpson claimed to have one although he had misplaced. it. His concern,
he said, was not so much with the weapon as with the money. And the sergeant
admitted that $450 was a large sum to lose. Moreover, if the youth was in
illegal possession of the gun it was unlikely he would report its theft to the
police department.

“Any idea where your... uh... ‘friend’ is now?” the sergeant asked,

“Sure. He’s a Mississippi boy. I think he’s taken the bus to Gulfport.”

Gulfport, a lively little city on the Mississippi Sound, is only 80 miles from
New Orleans. It was an easy matter to telephone a description of Miller to the
police chief, John A. Payne, and ask that the suspected thief be apprehended.

A check of bus schedules gave the New Orleans’ (Continued on page 7)

Tiiner is no reckoning with the frenzied behavior of a kill-crazy gunman.

2

Death seemed inevitable for Detectives Joseph Tardo A country store owner, Rudolph Factor (above with troop-
, (above, hat) ‘and John Jackson ae by son on his er) was astounded when the gunmen gave themselves up to

safe return) but both escaped the killers’ gunfire. him and admitted the murder of Nicholas Jacob (right).

: : | et

CHOICE BLEINUEY tree | . |

FRONT PAGE DETECTIVE, January, 1949


By MARJORIE ROEHL
‘« The Simpson murder case read, in
many respects, like fiction. It had hair-
breadth danger and derring-do. Al-
though the guilt was open-and-shut,
there were elements of mystery — no-
_ body ever figured out the motive for
murder or why several of the princi-
: pels behaved as they did.
»:There was a hero — but who was it?

escape through peppering bullets?
Or Assistant Chief of Detectives John
J. Jackson Sr., who — remaining calm |

for seven hours to the tune of a revolv-:, ranger, and Miller, an Army corporal:

* on furlough, had met a few days before.
“on a bus en route south. Now, Simpson © .
‘” said, Miller had decamped with his be- *

- longings to the Mississippi Gulf Coast.

. er’s safety catch snapping on and off —

Iked his way out of the shadow of

death? - ANE

* Or Thomas W. Siayton, who deliver-
ed two murderers to the back door of
“police headquarters, stubbornly hold-
ing his car door shut on thet man firing.
Ts face? 9%. ©

: FOR STAYTON, 37, his face burned
by the sun, his grin friendly and unas-
suming, it looked as though Labor Day,
Sept. 6, 1948, would be uneventful. It
was a watery day with an uncertain
sky and little encouragement for
picknickers. He had planned only a
quiet drive in the country with an old
friend, Daniel J. Wilson.

-* They were loitering along that after-
noon, looking at construction near Mi-
choud (Stayton was a crane operator)
when two men loomed up on the high-
way, shouting, ‘“We’re detectives,” and
brandishing a gun and a badge. “We
got to get to headquarters right away.”
~» Stayton said he’d take them and rev-
yed his motor to 70, speeding toward
police headquarters.

¢ Then he looked in the rearview mir-
ror, “and it came over me all of a sud-
den,” he said later, “that we were ina

pretty bad jam.” one of the ‘“detec-.

tives” was pointing his gun at Wilson.
°“Turn off,”’ the “detective” said
suddenly. “We don’t want to get mixed
up with the police now. We've killed a
Were: ~ he raped a white woman.”

“STAYTON KNEW THEN, he said,
that they were lying. “And I cha to
a . Lice

[pe

ir r

ne i Detective Joseph Tardo; who rolled. photel room were his luggage,
ernie

A
ae "ee.

wonder whether they’d committed a

robbery or murder or both. I wondered

who the guy was they’d killed.”

The gunmen were Dale Simpson, 26,
red-haired and beefy, and Harold E.
“Eddie” Miller, 23, big and virtually si-
lent.

For Simpson, the day had begun well
before dawn, when he reported to po-
lice that missing from his New Orleans
$450, his

Miller.

Simpson, who said he was on vaca- .

tion from his job as a California forest

Mississippi police arrested Eddie
Miller when the 4:30 a.m. bus pulled

into Gulfport. He had Simpson’s gun, '

_ but only $16.

Detectives Tardo and Nicholas Jacob

drove Simpson to the coast in a police,

car at 6:30 a.m. to pick up the suspect
— a service that Miller’s crime hardly
seemed severe enough to warrant.

\

AT HIS REQUEST, Simpson was al-

lowed to interview Miller alone. :

“Maybe I can persuade him to tell me
‘ where he hid my money,” Simpson
said. Then the detectives gave Simpson
back his gun, after emptying it, headed
for New Orleans with the two men in
the back seat.

Simpson kept asking the detectives to
let him “take Miller out and beat hell

out of him,” but Jacob assured him

Miller would be taken care of, legally.
They drove along quietly, until a sud-

den noise made Tardo jump. “We gota.

blow-out,” he said.

Simpson’s companionable voice from

the back seat had changed to ice. “You
ain’t got no blow-out,” he said. And
then Jacob muttered, “Wait, I’m... “
and slumped against his partner with
blood spurting from his neck. Tardo
half-turned to see the gun 10 inches
from his head.

“Let me get this man to a hospital.

He's hurt bad,” Tardo pleaded.
“He doesn’t need a hospital. Do as.

<< Anqus Lind

murderers to police headquarter,

1

you’ re told,” Simpson said. He then
told Tardo to drive up an abandoned’
road off the old Gentilly. Highway near:
Michoud. “You're next,” he fold Tardo.
pleasantly. :

SIMPSON DRAGGED Jacob’s body’
to a patch of weeds but then ordered:
Tardo to drive on — he had noticed a:
house too near them to complete his

‘

* next grisly bit of business. $

Under the gun, Tardo drove back to”
the highway, swerved the car sharply
at a railroad crossing, flung himself’
against the door handle and dove from.
the still-moving car. He was running on -
all fours as he hit the ground with shots.
whistling past his ears. At full tilt, he
jumped on the running board of a pass-
ing car.

Simpson and Miller abandoned the ©
police vehicle which would become®

i t
i he

—-and confronted Thomas stayeee the
Good Samaritan. ~
Stayton knew nothing of what had

’ happened, but he knew the gun pointed
‘ at him from the back séat spelled dan-
ger. In the midst of his wondering, he’:

4 “quarters on Broad Street, hurtled the:

Said later, “Mostly I decided I wasn’t,
going to get out of town.”

He thought of wrecking the car, of {

braking with a jolt to throw the two
gunmen off balance. Twice he had to °
stop for red lights and once for a
freight train. Why, didn’t he cut and
run?

‘‘We had no shelter,” ‘Stayton said
later. “And besides, those guys would

have got away. . ‘heen to furh gen

in.”

x

is, coved ina hail a, bullets,

“hot” as soon as Tardo reached a phone

HE EDGED INTO ae ccings
toward Tulane and Broad to take, he

Detective John Jackson:
talked his way to safety.

told the men, the road to Baton Rouge. :
The thought that he might be killed did
not occur to him. He ‘didn’t believe
they'd have that much luck.”
’ At Tulane and Broad, the light turned»
? green and Stayton thought, “This is it!”
“He gunned his car toward police head

;, Car over a curb and stopped.,_,

With one gesture, he slammed on the
hand brake, grabbed the. ignition keys
and was. out of the car. Wilson also.
- jumped for safety.

Stayton was “pretty mad. My tire
“ had probably been damaged. My holi-
day was spoiled. And I'd had all this
nervous strain.”

;

Stayton, the quiet man, did not run -
for cover. He leaned against the car. :
door, holding it pare” Simpeon who. i
. was fighting to get out. gee si :

only the window between them! ‘Simp-+ ‘
son raised the gun and aimed point.
blank into Stayton’s face. The gun did’:

, not go off. He fired again, but Stayton,

still hanging on to the door, had ducked:
below the window: Then Stayton let: g0-
ae deaiged babing the cat ey

HUGGING THE GROUND | as D saps

‘son fited again, he shouted to Capt.~

John J.’ Jackson Sr., ‘who was coming:
out of headquarters, “These men, are’
killers.” It was too late. © * :

They forced the captain into a pole
car and ordered, “Get us out of town:
the fastest way or we'll kill. you. We’ ve; a
already killed one guy.” ae

Simpson kept snapping the safety,
-catch on his gun in an almost reflex”

-movement. Jackson, driving toward.

Airline ene and p tying to avouts

SS wee

Friday, March 23, 1979 . The States-item

killing of a cop...

Continued from PageB-l during their private talk in the Gulf-
: port jail. 30s" ee Paes

police blockades, began talking for his . 2 alt
life. “You're fighting a losing battle pF OFFICERS HAD JOKED about
_.. . The police will just arrest you and « ; ,
: : : what we'll do to Eddie when we get.
will protect you until you get a trial ” :
You might prolong your ives by as back to headquarters,” Simpson said,
aes eee By y and it made him mad. “I wanted my

j

‘ much as two years ..- much better gun back, and 1 wanted Eddie back,”

f than being slaughtered at a road id Si Besides, h 4 Mill

4 Hack.” said Simpson. Besides, he an iller
: - had planned some robberies in New Or-

Finally, Miller spoke. “Nothing jeans. Then he paused, “T still don’t
gonna happen to you,” he said. “We are know how I came to fire that shot,” he
men of our word.” Jackson agreed said. 3: be es
quickly but he wasn't convinced. Dark- The two came to trial quickly and
ness came and Simpson said, “This iS separately. Simpson was found guilty
where you get out.” This is it, Jackson and finally sentenced to be executed on
told himself. _ 0 Jan, 26, 1951. Miller was sentenced to

Then Simpson made Jackson shake life imprisonment in the state peniten-
hands with both he and Miller and said, tiary at Angola, §2. oh ei BBhS
_“*We respect old age, old man.” He Detective Tardo was suspended from

Qos to mail the captain’s gun the police force for 30 days for, having
back to him. © pho tye ack eee> taken Simpson to Gulfport in the first

pet SR RE 9 on - -* place; for not handcuffing Miller, for
“THERE’S A HOUSE nearby and you allowing the prisoner to ride in the
won't have too long a a walk,” Simpson back seat without a police officer and
said. Jackson moved away from the for not keeping the gun as evidence of
car and into the darkness to safety. stolen property until : the ‘matter was

Next morning, in what seemed an ‘settled. neWERR BRIG TS PRO Dene ee
- -- anticlimax, Simpson and Miller ealked. oe ee felt that Tardo, a good
, into a country store and said they’d like. officer, had already suffered enough
: to turn themselves in. sete! ar eee and that the two detectives could hard-
The man’and the woman in the store “ly have expected a complainant to Joln
watched as Simpson laid four guns on : ? i rcon, eallet oe at th Ao Gat
s._the cuunter Then they Le ea lcode e ox the et eal ad
"" tryside to find’a policeman. When offi- sy. was also ove ors He wanted (2
crear neo wre sting Gate Me 1600 Army onan
ste on the tee. side did 1,290 yarn die by execution be
think Miller should be tried for murder. insurance was forfeited. heels eek
Why did 4 pee ae officer who was His mother, a devout Mormon who
trying to obligehim? = °° 4 *, lived in Salt Lake City, said Dale was

- He had decided back in Gulfport that the only one of her children to give her
he did not want Miller arrested after any trouble. “He was always in trou-

all, Simpson said. Miller had walked. ble,” she said, ‘‘in prison, in reform
out on him after a fight and taken school.” But he went politely to death

‘Simpson’s gun after they had fought, in the electric chair, speaking softly
Simpson said. But they. had made it up| and giving no trouble. wee ee ge ee

na

4%

ee Pe eee

. Bg

¥

e Sine ag ‘
eee x ee ‘

"By RAMON COFFMAN) fo) 40 ing sub-zero’ weather. Without ‘snow
- . Both help and injury can come to | during an extremely cold winter, the
«- people from heavy snowfalls. When a_ soil might be frozen to a depth of three

=. person is caught in a blizzard, he may feet or more. S205 ee eae e.
feel that snow is just about the worst Q. What harm would come from soil
thing in the world. © ~~ “, 13..%8 428% peing frozen to a depth of several feet? .-

The winter now drawing to a close A. If a hot summer came, the soil
ata he warmed again, but farmers


~

re

G C.

wa 8 : ° PLACE — CiTY OR COUNTY DOE & MEAYNS

NNIER, Elmo Patrick , Louisiana State Prison (Theria Par.) |2lec. h=t-29%h.
ooBs antec ned "Naee OCCUPATION Laborer and RESIOENCE ; GEN

“ ies Security Tard Theria Parish See omer
RECORD
See reverse
CRIME DATE OTHER
Murder A
November 5, 1977. :

victim Toretta BRournue and AGE 18 / RACE METHOO

~~ ¥ $ 7 Chee Y/ e

vid LeBlanc 14| thites}] Chot -- 2??—<Caliber rifle.
MOTIVE . ° ®
cape of the girl and robbery ,

SYNOPSIS

"Under Louisiana’law, only the actual killer wets death; someone who taids ama abets' does
not Tims 25 and Pes fris bots bon) nena 59+h—ouicinaltos niereead +5 die—bus—ddie Canninwtioa
oe =F Sea a = ETS wm TT . yee ey Sil Stee tte te Oe TT TEN FE at re > os Ber ses ~—
entence as changed to life imprisonment because-he-only held the flashlicht for hiis ‘brother. Pro-
y

tu) pretended to be lay enforcement Bitlis abducted the counle Prom loyerst
1 more than 20 miles to a remote sugar cane field, where both raped the girl while
fed to a tree, Both teenavers were then shot three times in the ment of the

head. Af the tria
H¥LX sentence was

o

L mone brother claimed the other nulled the trisver.- After Eddie © onmnier's
ae t :

reduced to life, he testified at Elmo Sonnier's trial he was the astua

'
1 killer,

but a jury did not: eetieys Nimeee’ Birninsnam POST HEAL, Psrminghamy Alabama —s—L9BL Kx CAT)

.

SHON ATS SOUTHE at (ond) L3a52 ‘Tracts: On tie evening of Seuits avid t TesTare, aed 16, ara
Loretta Ann Rournue, age 18, attended 2 high school football cane Later tha t eveming, the counle
nomad in _a + fof i 3 de | oe Bi cle 4 Pe ae |
Re nV Sir eT WUT aita Vu Ye astitt Day to lo ew ANTS oxi io 9 rteily II cs tock, P.O 40 y Werermadity G2ku

his brother, Tddie Janes Sonnier, who sere rabbit hunting tovether came across the counle!ls care
3 ’ ’

Using a badee gne of the brathers had obtainsd while working as 3 security suardy ami armed with

“BB sealib er rifles, tne two posed as police officers and approached and entered Shee CaT< The vice
SA HERNRE SETH EK SRAM victims were informed that they vere trespassing and that they ~ould have to

be brouent to the landowner to determine if the landowner desired to press cnargese At

1 o
the driver s license of both victims were confiscat aes The tuo victims were then handcuffed and

this time,

oleced in the oack seat of their (the victins!) care eavine their own car behind, the
and his brother drove the couple 21 miles to a renote oilfield located in Iberia Parish,

defendant
an area

xnown to the defendant. Cnce at the oittieid, potn Victins were PEMOvEr from the ezire

Arvid tebiana
was taken into the woods and handcuffed to a tree, Loretta Bouraue was ‘aken a shart #IKX distance

aWay-4 and naned paves the dafande Zim, Sannip Shy tin aq deta hs

nier in AKA WHAM AAXLAK KEMEY CA exchanze for the couple's safe release. Upon somali on

interes am} 34h Tadia Sone
LT rd A A ~ ae att tty “<Ft 1S Vii Those @ wre CAen ait Cw Ce at t¥eo srryeiuvMr wm LUI ease ee

of the

ranes, the two younesters were unhancden? fed and brought back toward ~he road wheres the car was
parked. At that point, Elmo Sonnier told his brother they could not let the couple ro because if

tive voungsters talked, it would men he (Elmo) would have to vo back to Ancola (prison).

Navid

LeBlanc and Porette Bouraue were then forced to lie side by side, ‘ace down, and were each shot 3
times at close range in the back of the head, Eddie Sonnier testified that he held a flashlisht

—wnile the defendant shot the younzsters with a 2?=caliber HX rifle. He further reLated

began to cry when the defendant fired a first shot at her which ntawedi The defemdant +

that Souraue
hen fired a

second sot aiich succeeded irr striking Bourrue tn the back of the head, the third shot tikewise

struck LeBlanc in the back of the head, Fach victim was then shot 2 additional times.

exsent otjmanity mA +o +¢hqt oir an a yay tice antl 4 heave avltped atom onpoara _—=deeth_+o-—

At the trial

7

the victims, The defendant and his brother then drove the victims! vehicle back % the

to 4 =
exper Ad TES oe 2948S pe aiy IMELCSCECS UIT Oo can 7 one ro es WIINs SASS IRL Jttve 7 estitted is +t tagtas FaRresrws Toca vit UY

site wheres the counle was first accosted_in order +9 nick uD their own car, Pindine: Hretr car with
ere tA 3 4S 3455 + + r ;

oricinal

a flat time, they used a jack from the Le8lanc vehicle to make thechange, The jack was limiter
seized by police from the trunk of the defendant's cars The brothers then destroyed tthe victims!

driver's liceses and the followine day buried the rifles in another remote area. ZEmvestication al-
so revealed that thirty or forty dollars which was in the possession of the victims mrmiior to

biaywats ind £ a My a aad | Dn aaa, nd 9077 _ 2 fa aa}
ay ~7ite

s14 Le a Lact.
she acest SELON CORNET HSCS AaCe euntsed pare po eb AT 999 89 (9S ROMER Le Bo] ATL eS Teron peceme™

April 12<1);-1978; Sentenced 2541978,

TOvEr

APPEALS

379 SOUTHERN (2nd) 1336; LO? SOUTHERN (2nd) 650; Eddie SONNHER 380 SOUTHFRN (2nd) 2

Tek ses

LAST WORDS

EXECUTION

Fathers of the victims witnessed. After entering death chamber, Sonnier asked their for-

giveness and one fatier nodded assent,

SOURCE

FRANK NEWTON OFFICE SUPPLY-OOTHAN


Sh ate

_ Supreme Court clea

Associated Press

The U.S. Supreme Court last night refused to stop the ©
midnight execution of a Louisiana inmate, rejecting new

evidence suggesting that the wrong man was scheduled
to die, and then later cleared the way for today’s elec-

_ trocution of a convicted child-killer in Florida.

The high court voted 6-2 against a plea for a stay by
lawyers for Elmo Patrick

The attorneys appealed to Justice Byron R. White;
who appealed the matter to the full court, after the 5th
U.S. Circuit Court of Appeals turned down a request for
a stay based on affidavits saying a former’ prisoner

“heard Sonnier’s brother confess to the killings. °

_f. The brother, Eddie Sonnier, also has written to Gov.

_ . Edwin Edwards, confessing to the killings and pleading %

; -to be executed in Elmo’s place. :

Edwards, who is the only person who could avert the

.execution, has said in the past he would not interfere-

with executions unless conclusive evidence against the
-condemned person’s guilt was presented.
-_ State District Judge Thomas Bienvenue, the state

Supreme Court and U.S. District Judge John Shaw all
yesterday refused to stop the execution, before the for-:

mer prisoner stepped forward to back Eddie’s claim.
Eddie Sonnier is serving a life sentence in the killings.

Sonnier, convicted of killing
two teenagers on a lonely lovers’ lane. ig :

-. William Quigley, Elmo Sonnier’s lawyer, said he got a

z :  O#
‘ , a 3
. zx x 3 4 i
¥ . i %
=: + he a Pak
¥ Zz : 4, : .
_SMBN WSOONWISNL SH 7861 ‘y lady ‘Aepsoupent 71 £ ee
ESESP® Ss herymecn Sse PAAOSk Se VED Sp2<sP eR eB yae if i
Soe. Ga- SEF ESF Pek Se oR FECERRTLGEL Eesscazzese, yp a0 | se
So5 eda se Boaues “PA eSeFG SPSS 855 e
52) 5 ha Sog=0 0 =. eS Psa s oo8 > Oo es fh
Ra SSR SESE eS eee oe SKB T eae eo EaGs GES, f5e8 42k > py
vwitaNs < BIS pee Sosa r ts 8 eas Sxan"anlesgo
Ran? 2, on.€ CO_6 wee eee ° @ we oy n oe
Seoi5  oeebes Fs SRASR eo DERE eS str or eeeee ep2Q Qc
jo Ve oO pst)
BSur ter) SRE S CE SPP SROcrREORS ee Bevdaetosges =
‘Reese lO Ssck oe Fo fF Some Wb ood es. »tee ie c¢ Qa
> oO 3 Bode Cea _0 < OD seocehrme 5) we OS WF . — were. .
eof 49 ae a SS pero rtIrssea ao peP Poe, st + O b
FREay €]/ 59a = ssh sas on eos “essa se Sos*SErlarvOM 4) :
aoRhu mn A 5S 92a a7” mre § s = a z
8Eule O55 ae OME nA OTe s ~2a5la_F wm Q.. S :
Fp os 8, e882 oss OSA <= » os ne SU oH ”
SoeosS”- BseSelSeta Xo m2 Ss SS5 Sco sseS7ss n
SBasloSsessxaer BFA @QceSkessFs GESORe LISS =
a i ‘
te fos »
‘ :
S +73 ra ree
; y ¢ ee
= :
atmo en a ee ont, Pak ie Ben ea le NN es

ak;
ee
5 See

rs wa

#2

t

ig
cA ae
AY 3

Bas

. Arthur Goode «>> ° Elmo Sonnier

call “out of the blue”’early yesterday from the man,
Ww id he once was a cellmate of Eddie’s and heard
tetenan Sees to killing Loretta Bourque, 18, and
her fiance, David LeBlanc, 16, on Nov. 5, 1977. oe

Under Louisiana law, only the actual killer gets death;
someone who “aids and abets” does not. Elmo, 35, and
Eddie, 27, were both originally sentenced to die, but:
Eddie Sonnier’s sentence was changed to life in prison

"Stand trial again...

y for Louisiana, Flori

because he only held the flashlight for his brother.
_ Prosecutors said the two pretended to be law enforce-
Ment officers, abducted the couple from the lovers’ lane

- and drove them more than 20 miles to a remote sugar
~~ cane field, where both raped the girl while the boy was
handcuffedtoatree. sae

Both teenagers were then shot three times in the
back of the head. . one?
’ At their trials, each brother claimed the other pulled
the trigger. After Eddie Sonnier’s sentence was reduced

». to life, he testified at Elmo Sonnier’s trial he was
the actual killer, but a jury did not believe him. &

In his letter to the governor, Eddie Sonnier offered to

‘“Now i've tried to tell the courts that my brother .
_ dident do the killings, but they just dont want to here it,”
he wrote. “GOVERNOR EDWARDS, if you,ll wont to .

kill some. one bad, well for heaven sakes let it be the
right one, and that right one is me and not my brother.”
‘Less than an hour after refusing to stop Sonnier’s

execution, the U.S. Supreme Court declined to halt

today’s scheduled 7 a.m. electrocution in Florida of
Arthur Goode III; 30, condemned for the March 5, 1976,
homosexual abduction-murder of a 9-year-old boy.

. Pleas to stop the execution also were turned down

x Paes

the insane. A

Birmingham Post-Herald, Thursday, April 5,.1984 A7

da executions:

yesterday by a panel of the 11th U.S. Circuit Court of

Appeals in Atlanta and U.S. District Judge William Ter-

Tell Hodges, who rejected Goode’s claim of insanity and

called his mercy plea an abuse of the legal system.
Goode told reporters at Florida State Prison he was

mentally competent and ready for the electric chair.

“I do want my execution carried out,” the killer said.

“I know that I will never be a free person again. I will
never be able to have sex with a little boy again.”

Ag Goode told a

nor: “TI rejoice every time I hear a little boy getting

newspaper in March he would kill

‘again if freed. In 1977 he wrote to a Florida gover- °

murdered.” Goode also has been convicted ‘in the death |

of a Virginia boy and had undergone psychiatric care in

Maryland for molesting children in the Washington,

D.C., area. °

“

Defense attorneys claimed Goode is “4nsane,” and B
psychotic” and argued state law forbids execution of *
panel appointed by Gov. Bob Graham -

found Goode competent, and the state Supreme Court

upheld the findings, 7-0, Monday.
At his trial, Goode testified

he performed sex acts

with the boy and strangled him by wrapping a belt.

around his neck and pulling tight for 10 minutes.

"The defendant and his brother

Theria Pan}
milty by reason of

ee

and

sy

jar at
JU ons

hearing was
understand
ntent

pursuant shereto,"

Ly ion to try

%: "Flmo Patrick Sonnier is
time Jed school throurch +}

“eonsler ‘“dult

core of dallenormal

the of fe

a

of 18 crade
j ~7e intel
cated

~ae

per: id Far
rayne (ORS
Y (70)

QIAN] ~~ YON,

jobs ar
efendant
hog

Ba Security
r empl
ook

ang re

worked

in
farm in
until
ent and his
job with B&B

sified his

monev

977,

c Dx oym
fora ~he defendan
when he besan working for Joe)

He was

‘a i
c! L

da
7

appeal, where death sentence was reversed,
emanded hig resentencing to life imnrisonnent,

January 4, 1957,

parents separated and

the son of }
he spent
father died when Eddie
school

rina Jos eoh

“and 2 Ladys

was 19 years Oldeese uring +

field -hand

A ae

she

work as a in the cane fields,"

em)

Fondant,
commission
de

was
+erm in ed

2 |

wainst

male, age 28 years
which time he cuit

‘est conducted on

al

Mance le

fr
Sal
6

score in
neurolorical imnaire
it defendant had

esidences,

the

Texas
September

pind

lover

suspect hea he
Security Police

e Foulpment rental where he was employed MX at
erarded by Jo-Dee as a reliable employee,’

Sonnier
everal years living first with one varent and then
] 2 sixth or

seventh grade


ut he couldn’t. An

hrew the scalding kerosene
nd face, and then smothered

nket.”
you do with the body?” I

)MON’S eyes narrowed to
. smile played at the.corners

railroad trip,” he told us
pao a great deal of forth-
carried the body to the Tili-
tracks,‘and dumped it in a
You'll never find that body,
’s touring the United States!
the body you can’t convict
degree murder,” he added

y’s going to have to ride a
get 9h chief, Captain Wil-
e, speaking, and his eyes were
!
“i” I began. We had, of
ked the railroad when Solo-
sion came out. There had,
a train of coal gondolas on
cks behind the Wilmot’s berth
Willie Street disappeared. The
one to Mobile, Alabama, the

: -< Helliqasorly

Eee n nap mes Sot he

e. She's getting divorced.”

‘when thé’ body was recovered, Solomon
confessed that he’d beaten and stabbed
_the chief to death with the steel bolt and

ice pick was in his chest.

following day. Now Mobile police had
checked every car, but they’d found no
body. Taxed with. this information John
Solomon shrugged: :

“Oh, I didn’t put the body in the car; I
just placed it on the platform at the end
of a car. It could have fallen off...”

~ He was right. 28 ;

The body could have fallen off. Sure!
But where? We needed that body, ‘and
now my chief was suggesting that I go over
the Illinois Central right of way ‘on a
handcar, and try: to find it. So aa

“Chief,” I began, “this guy’s confes-
sion is as phony*as a $14 bill! He says
that, first he scalded Willie Street with
smoking hot kerosene, and then smothered
him with a blanket. Well,«that wouldn’t
have caused any blood—yet there are
tears of blood on the stanchion in the
chief’s cabin. There was a fight in there—
a bloody, bitter fight—and there. would
have been no fight if. what Solomon says
is true.

“Next,. Solomon says he put Street’s
body in a coal gondola. J: doubt that;
Chief! He’d have to carry the body over
the decks of the W. A. Bisso and the
Mary Bisso, and then a good city block to
the railroad. He may have been man.
enough to do it, but I don’t think he
could without the watchman. hearing or
seeing something. No, I don’t think riding
the handcar’s going to help. Solomon prob- |
ably beat Street’s brains out and dumped
him overside.”

After reconsidering the whole situation,
Chief Dowie was inclined to agree. With’
the full cooperation of the Bisso people
we reassembled the three tugs—the W. A:
Bisso, the Mary Bisso, and the Robert W.
Wilmot—the way they’d been. moored on}
the murder night, with the Wilmot out-’
board, or furthermost from the dock. Then
deep sea diver Fritz John, a 43-year-old.
veteran, went, down from the Wilmot’s
side. Almost immediately he signaled that
he’d found something, and moments later
a light line brought to the surface the
bruised, battered, tied and gaggéd body
of Willie Street. The body had been
pushéd into.a -heavy canvas. sea-bag, but
had worked partially out of it. Nearly
200 pounds of scrap iron had been used
to weight the bag. yes

ACED with-this evidence, John Solo-

mon. not only confessed to the murder
of Willie Stréet, but to the killing of a
storekeeper some years before as well.

Although the case was closed:with Solo-
mon’s execution, we of homicide remem-
ber it as’ New Orleans’ most mixet-up
murder. First we thought Street had been
beaten to death after having been scalded
with steaming hot kerosene, and his body
sent on a grand tour via railroad.’ Then,

an ice pick.

But the coroner had the last word: He
found water in. the chief’s lungs so, in
reality, Willie Street was drowned—a man

‘LET THESE ..
NAME BRANDS
WORK FOR YOU!

WHOLESALE TOOL CATALOG

© HAND TOOLS © HARDWARE
* POWER TOOLS = * APPLIANCES

100% MONEY BACK GUARANTEE.

EARN BIG Sor Gace PROFITS

NA BUSINESS OF YOUR OWN FULL OR PART TIME

MAKE $20 A DAY

SELL TOOLS TO YOUR FRIENDS, NEIGH.

ume
: START YOUR OWN BUSINESS
7 “THE OPPORTUNITY NOW AWAITS YoU To
: : 08M AND OPERATE YOUR CNN GUSINESS
OF A PART TIME OR PULL TIME BASIS.

MACHINISTS, ETC, MEET IME DOMINOS OF THE

GROWING 00.17. YOURSELF MARKET, BUILD YouR
OM BUSINESS SELLING RATIONALLY ADVERTISED
TOOLS FROM A4 ILLUSTRATED, CODED CATALOG

BEARING SPACE FOR YOUR MAME ARID ONLY YouR
NAME OM NT: YOU GET ALL THE ORDERS AnD RE-
ORDERS. YOU SELL MERCHANDISE THAT 1S PRE.
SOLD FOR YOU THROUGH NATIONAL ADVERT! SING

GY THE COUNTRY'S LEADING TOOL MANUFACTURERS, YOU NEED
NOT CARRY ANY STOCK . USE OUR CAPITAL! ALL ORDERS RE.
CEIVED ARE SHIPPED THE Sime DAY FROM OUR WAREXOUSE STOCK
OF OVER 15,000 1TEMS. SEND $1.00 DEPOSIT FOR YOUR Gi MrT,
NEW WHOLESALE TOOL CATALOG. YOUR $1.00 1S CREDITED To
YOUR FIRST PURCHASE OR REFUNDED IF You ARE NOT 100%
SATISFIED.20N'T WAIT. ACT TODAY!

es

U. S. General Supply Corp. 198
(401 Market St.. Newark Node

1)

'

4

Of me Encrosine $1.00, Rush me Youn mee mOLESALE Too.
G CATALOG ToOAY. Hf 1 ae MOT COMPLETELY SaTisriED, 1 cam
§ RETURN WE CATMOS FOR REFUND, OM IF 1 OECIOE To ORDER,
§ fT $1.00 erie of cepucty Le Pom My FiRsT omoEn,
‘
i]
{
i]
‘
i]

Now! At Last! Just Released Without Prescription By U. S. Government! |

AMAZING! NO-DIET NEW!

REDUCING

WONDER DRUG!

PROVEN BY THOUSANDS OF SUCCESSFUL USERS!

_No Diets! No Exercises!

TPT teem

Now at last a reducing product
allowed td say right on the label
for APPETITE CONTROL!

K-12 works. without any_conscious help
from you! You don’t diet, you don't
follow a regimer or plan. You don’t
-count calories. Just e three
a a a Pop egg Ral Sh ea
sleep, work, play e any of your
thin friends. The amazing

in this new wonder d' do the work
for you. Without even being aware of it,
this commen substance cuts down on
your appetite, cuts down on your de-
sire for food, and_ safely, geome
pom 28 you start to lose ugly poun
and inches of overweight! 4 -

—

FREE TRIAL BOX!

BUY 15 Day supply only —- °
Get FREE 15 day supply ~
TOTAL VALUE °

“You pay only
OR

BUY 30 days supply only .
‘if Get FREE 30 day supply

TOTAL VALUE $10.00

who died three deaths!

RS SERN a, 4

You pay only . $5.00

Reduce Until You Ar

No Giving Up The Kind of Food Yeu Like to Eat!
e The Size That Most Becomes You!

When you take K-12 you find yourself eating less

fm without great effort . . . without willpower. K-12
| does all the work! Your appetite is curtailed and
= off come u

_ Safely, quickly easily!

pounds and inches of overweight

Almost like magic!
ALL ORDERS SHIPPED IMMEDIATELY!
SENT IN PLAIN WRAPPER!

Reducers! Here‘s Proof
The best test of a, REDUCED

reducing product is
this — how many 10 Ibs. in 11 days
18 Ibe. In 20 days

nds did users
. Here is amaz-
25 tbs. in 30 days

ing answer . .
you too can lose , . . weight safely and easily!

HERE'S HOW IT WORKS!
K-12 is the most effective appetite appeaser you
have ever tried! You still relish your food but like
magic you automatically eat less—You need no
great will-power—and amazingly down comes ugly
overweight!
Almost like MAGIC K-12 helps overcome your
gnawing hunger pangs—food actually stays in your
stomach longer—which helps eliminate an im -
ant cawe of empty stomach-blues. that contribute
to your evereating!
’ MONEY BACK GUARANTEED!
Try a package of K-12. If you don’t find it the
easiest. mest pleasant, most effective, way to re-
duce, to lose pounds and inches have ever
tried your money will be refunded in full—you
lose weight to your entire satisfaction or your
money back!

ACTICAL RESEARCH CO Det it =

PRACTICAL RESEARCH CO Dept. 188
403 Market Street, Newark, New Jersey : |
| Ship K-12 at once. I must lose more weight more quickly than any-
thing I ever used or my money will be refunded in full!
| T enclose $3.00—send 15 day supply plus FREE 15 day supply—
a $6.00 value for only $3.00.
go I enclose $5.00—rush 30 oy Binecon regular value $5.00 plus
FREE 30 day supply—a $16.00 value for only $5.00.

CITY ZONE STATE aay)
2 Ge ee ee ee

i
73

¢

a

reat over the Gavk patho OF Wretch<'7
erie Gow sy raisery, Reh eta they ay,

=! ited € ou eitement.
woneiautiy bringing beck to rejuve- [- u' | excitement
4 HOLeG ee souls wéll-nigh lost, and. bahia | ficult to arrt
xR ling near her were three other af for Gerracht |
Fe “@istera of Meroy, and two falth- the. ‘regs ©
1 Gistere of the Miesionary Order of | and Bparo thew

the elf Heart. oo» fhemp, in) de
“wather Clolino, In a volce that | outs. eos ‘| veyed to
Laheek with emotion, said the mass, A groaning, Fee ee ibe .d
 Lewetated by Father Paroll, aud there coming from Tt Luctano Was locked, up in the
_. | were solemn and impreagive moments | frothing Oe , anak tral Station, and a charge of gho
when the organ, in gad melody, that to avyold a scene even ft pod wounding preferre
ewalled forth, and the aweet voices” rible than wae then belting phact od an it was assumed
of the Sisters joined in. singing with | be must work hurriedly. He draw the | tuindy not e@latn his
& touching fervor: "Nearer, My God, black cap from hin pocket,ope tnd it. | gor Vettura, the circumstances of b
te Thee.” and “Ob Lord, I Am Not and as the head -.was . onusting | death did net- evelap
Worthy.’ Father Clolino adminis. | oul the sleht of tha xlorlonm BOl" | fact, Calanmia was and.
tered holy communion to Sparo, and Haht from Snarcd'a eves. the tel ea: with: the murder of
pronounced the benedictidn, and the | Siticken wee aquipmed vand foe ied} never been tried, as ‘fully.
moment for the lnat farewell came. sey for. support. aginst Captetn | tapiished on subsequent trials that

Spare, his dark, eswarthy = face Meredith. Dee

Pinched and drawn, bis black eyes ook out! stand off the traps’ 4 Calamin did not at any .time
showing with {| strange light, and ealled Jolnaton, as he kng

Te with! night haye @ shotgun, hence could ng

his whole (frame! quivering with the cleaver raised, tosever the thi roye | have killed Vettura. -

: laa But to return to
Intensity of his fPelings, walked slow - holding the hinged platform in Dlace. | arutions were made
ly up and own /in front of tha bench ane hte Brinkmas. aefbbed ue pt. lvador - Luctano,
where nis ved 168 sat. and stopping eee spoken, BPTANA . © oe ea ue to be
twins repeat i bibg aster ns ae “'ehe cleaver de seended like a, flash, tric ie
ittie isu ee JAUBEOe ee | thes bright: auniight for ae moment: yOMNE Gt
little fellow, madiy. rapturously. . The :
nil : Linke eroeenr y e DOe Ble Ty glistening wour ith blade. the cand £*
child, unused to such a display of #f- | oo gevered and the tritp doogw fell °
fection, began to cry, and the dyink Me ee awtul er emnufted. and: ageainat htm. :
man returned him to bis mother, and Atete te : fs fron Aner the black: in.the rear of thea
Hfted the other babe to his arms | oy he boAy My Mh enugh  weven and ther
and Kissed it again and aguln, pan SF gonon: and ine ory voutipued
Great tears ran down Sparu's hol- | ¢ Se ion ob a: mone ‘ana oe
; : or the fraction of aA moment, and *
nes cheers: and: his ®) ee ebayer sore smothered in @ surcling groan} Alon o
Soe. he. - ehip west Si aeea a ule le ns the rope staved the bodvis flight, | none of t
Seated are Sivceocand Sane Micra and brought ft un with a ehort jerk. | house of mourning for
went to her father’s arms, and ws hs rhose cloes to the wcaffold djatinetly:| held to account by the fr
: poe , ea ‘+ heard a sharn elicek us the. dgomed opposition party. .<uuciano arrived
caressed her fondly the One ce | mas. teeth snapped tometner aid) the bier of his brother,
eater and over, "O mio pur re, | hia neok cracked, and the «rewaome | time sat with his head
1. adres para tdok leave Of DIS | Tne permed (nt Te Diaced Maer cece Oo ard lati
wife. He did not. SEO his arm§ | gnaro's left ear. Dit after the jolt | estore at the corner of Dryades arg
around her neck and press her to Bhi8 line rope slipped around under the | Julla 8 eets, ed th face. Strid
bosom, but leaning over as she atlll | yootim'a chin, and the body. never hits ve oe er ee cerns. He. ah 7
gat on the bench, he pressed one Ktk8 | showing muscular congraction or fe: 4 kissed the fa nee :
to her lips and quickly drew away. | Juxatic Hived tro de tq. side down and kissed the face of the a
The kiss was almost savage, it was Witt ree overad peak steal and ceased, Then he sfepped hack and &
delivered with such earnestness, and fie ers the head depressed. Poe ove te eta biden BO wt pant
Sparo. hurriedly walking away with | Death was Instantaneous and th his sane! He ead Protea. poe
the Shreriffyand the Cantalm ap. jwhen the body wat idter cut, 60wn | the misefy of the brother et tq ¥
eee uS thi ugh he fearert, to trust and piaeed On tire table Ddenvath the ¢ af : ( tT Q
imself in a further display of affec- | geuffold Or (Hara, the Coronet, and.| sor ful over. the death of the vou
tion. 64) ; ae Hace torowe the Apsiktant Coroners | bien Tony Luctang observed the a
The scene ary not only aad, It was ltcund that the neck had beer, Mace bP ES ang Incl of Fermart: nad /ste®
pathetic, and he pathos was so deep | tured clear and the spinal cord bro- He ts AES the yard, beckoned ‘
and finely drawn that it touched the | keen. pens by meryat WAAL ES Lali Lape isieey -
hearts of (the most. callous und bo Before Spare wae pronounced dead. cigar shop was in the rear, ae befome
brought tears ta eyes to which téare | Pather Perel! stood on a bok. ards stated, and Tony Luciano walkie
had long been Strangers — anointed the man‘a-throat, his palms back into the vard and entered ™
Sparo returned to the eondemned\ and his feet with holy ofl, miving | eatew ry separating the back vag@
foor and made his deep a sologtes to Nitm extreme unction. oThe. tran felt | and the rear of the store premis
Father Clolino He sald thet he felt jar seven minutes past 42. and all Proceeding to the door of the clag
half crazed with worry and the | pulee bad ceased a few minutes laten, | factory, he reached in, ‘and wh
awfuineas of his position the night | after hanging twenty-one minuteg his hand was withdrawn it grasped
before, and had not realized what he | the body waa placed on the tabl@ an double-barreled shotgun leaded w
said, or how he had acted, untiloit [the autopsy held. After ¢hin. the balt and slugs Peprart. either 1
woe al] over --beorpsae, with Uvid face. atarting eves | suspectingly or outfof bravado. ff
Father Cioling stayed \him, said he land a great wash in the center af thea lowed Antonio. and hefore he co
had taken no offense, aric he wae 60 _ throat where the rope had. tor®, Lbetutter aocrv or praise a hand tn
deeply tourned by the Vole thing fiech. was placed in a neat rosewood | defanse. Antonio Luelano ehot }
that he anew apart by mM edie to poe ee of nate Miede ne down. . He fired es :
wipe teste (rom Vile ceyery . Mra. Pisa! “at Rest. and lifted into tha | | wy” a
trfonner, the kindly Prison Matron, | waiting hearse. ; BOTH BARRELS INTO FERRAI
QUIVERING BOvY, |

brought up Bparos breakfast, con- In a oRrriawe outside the prison
aisting of some raw oyxters, cream Mrs. Sparro and her weeping chibdpan
chasse, GOMee and dbierults. the things waited,’ and when the henree drove [and (hen Araspls ite pun Dy
re nad asked for The origoner ex- pout the Basin @treet aate her car: wuineiv, He Gfuougit il Bows. Wala t
e topic | presaed a Aesire for some fried oye.” ringe avd the carriage in which pdr pporce and VOD HATE
ad weve | tere. and Mra O'Conner bastaned to the faithful orlest fell in behind ft | mais head,
we ter heat thie wkitehen and enaked. a, tempting and Sollowed th the Ca rrojiten Came: paw turee af pullve oiticers tad b
Pa rg} dieh of the HEV MTOR Sor ek se ae tery where Jb wae Roane e Freauest déejmilled 10 attend Che Mintetas,
Pparh, however, Ate very Little. and that he he burted, nose Tacha ‘ a4 OAR re hewal of UN@ ieud Waw Leared
‘Hparo. | his breakfast over, he sat in @ Chal ee ea Py ina WOO WAR BANMOD | Teel cwHs DI AMIELCA. OS ee ek
ceva th} Bae at: the owallooand talked with eae ra as 2 Al ae wun liad net yet cleared a
go wet Capisin: Meridith, “Deputy Carrol, ae ei in ein fren arnt when Keveral officer&, rushed in
wiaicth | Deputy Byellman and others about vat Mri Tener ean firiiehod arrested fony Luctano, fhe wili
Pye han fines or twire he peared ANnREY wipe ik: HEN necessary hy the or Ferrarh caused all the men pies
jand inainsated that-while le wae gul- Hherklt and went out wii purchased to tye and ovolanvesrs fone ney
lGaring ornare were fiving In amiuenes A Aad Ge waht MS ae Le rhe market and the, Portes bore
tee A a Sg ae pas mala pe li wis the napnarel Hody ib the .neitrse ay oe
and ®aee, When hey whould be MEY fa anded one ot the most Cynyous rd t a im. en
place TNA! wis Phe rea reat he Compe erin ebb HOR in the bhletoary aft the ROe TE th : . u
to making 4 eandseebor. oe (i Cae ; bes is : oe Now fha scene CNAaANRes, . Tany
si city af New Orieansa >
Sheriff Teng, alwoyr rareful, and “ ee etano dado Priminiers it the Va
ayer worning br the {nreros! of jus THE WATAL rEUD ee Porson charged With the omarde
ticm, devised a ciaver aehoane fOr Parivar Pertary, Joseph. Calan.

leatning some af the Mata BeUrCln | which Ine. Coat © onew Lived: med. | Wise at BEIACTEG I) the @ame iprt
Lie introduced # apecind agent af the ve os ; < : pe ebarwed yi the murder of Sais
United Btaten Immiaration sarvices | dal to Sparo’e Execntloms, | &oudt each bave (rienda

reed Pope tan
ey ean Amartrivran Th OAD Will the exanutlon oe Moo Sper be aide. and (hese {friends were fris

Hv d te ite ar death: Tony “Lacja

‘

Oh tive. Gs
ctilenifig@ (Lid w pulp


te kind
ince be-
a that
ith and
ood and

he en-
own On
te depu-
tke af he
his bath

armenta

ed him-
wear on
coat and
st, whke
ar, black
He went
hail and
. viewed
satiafac-

ged then,
cordially
oylie and

mood-bye, |

‘tthe

neat, ¢10-
aparo inte
ome time,
beautiful |
irn press-
miility an
athe chie
the Ba-

jee that

Ser thon
rr
ioat, be

Do, fig Break (awl Ov EF
mG} eg@alast the ways
fin. | Captein beridith epury Carrol
HIgh vystahe A @pelivian and othere about
hee pale Once

nag inal
his

@ wer
nd

or twice he seemed angr
| uate that while he was @ul-
ering others were living In affluence
abd @age, when they should be in hia
Pagoy ing wes See nenlee he came
: PONTO eBION,  ¢ ;
eheritt ‘, ;

ever working In the Interest o
tice, Gevieed a clevar acheme
learning some of the Mafia secrets.
@ introduced a special agent of the
ite’ States Imm gia
who, \although an A
pearance, js of Itallanextraction, and
gpeaka and understands the language
thoroughly. — Manes hs
“The agent stood by the outer bars
of the condemned gallery, cleverly
affecting @ curtously morbit expres-
gion, such as raight be seen on the
faces of many of those inthe Nil, and
while pretending to stare araund lis-
tened to Sparo talking in Italfan to
Father Ciolina, oe
 Sparo mentioned “nothing, other
than matters pertaining to religion,
and the chanéeg of his soul in the
world to come,
future of his farmity.
At il o'clock Sparo and hia a#pirit-
ual advieers aguin\visited the Chapel,
and while the staNones of
were made, Sister Boxala. played tho
organ and sang “Stabat ater,” one
of the beautiful Gregorian chants.
At a few minutes before 12 o'clock
Sparo remarked to. Sheri Long that
one of his shoes wae too tight, and

fuse

érican in

per, the Sheriff cut a long slit in
with his pocketknife. a

Tt waa then time to begin for the
end, ang the legal witnesses, (th
fifteen men required by lnw, all ©

t,

ducted to the condemned floor. Spare,
with Father Clolino and Father Pa-
rolt on either side of hit, stood nere

| vously while Chief Deputy Sheriff Pat

King read the death warrant.

"Lr got notin’ ter pay,’ quickly res.
marked the Sicilian, at the conclusion
of the reading, {g reply to Mr. King's
queation. an Bparo, nervously cry-
ing ‘Gooda’ by, .
haads romiseuously
around him.

Sheriff Johnson
‘ston to the gallows, and behind him.
came the priests and sisters. with
fioaro, closely guarded hy De

rainey and Spellman Down the
four Almhts of stairs to vard No. 7

Pdi ye procession
an

[ ‘correr,

eee 4
(aeRO ater regres

little, and |
@ eat in & chair |
talked with :

ong, always careful, and |

fon Service,.

ap-. en Will the execution of Sam Sips

feud?

‘tragedy, mu
nd spoke also of the Beeyy y

the cross,

when the man had removed the pipe

them doctors, were sworn in and eons.

jt waa’

ev-ebody, — ahook,.
with those

“headed tha proces:
duties.

took its way,
at the entrance to the neard.

rovidewt ©:
onner weet
Necensary

un

¥

iy deminer

TRE FATAL FEUD |

‘Which Has Cost @ Dogen Lived,

Led to Spare’s Kixecution

‘the grand finate of this mogt

lias the vengeance of th
Huw theirs}
bload . been

tiles been glutted?
for human

ri, be
deadly

par-
hirst

rappbaeed?

Have all the friends or relatives of

the parties Inyolved In this,
dreadful vendetta
tlon? These are
time may
the people of New Orleasis, wh
been horrified ut the recitals

never read abau
hear. ts coil

mast

obtained wathefacs
questlons swhioh.
answer, but which! reply -

have
each
u or

Bam Sparo fe the last of thope {m-

plicated in the murdera w
place from May 7,
first battle took place, on
between Rampart and
Btreots. Strange to say:
public sympathy all went out

hich

Poy

topk

1902, -whén .the

dras,

Baratoga
that’ while
tor the

Luclunos, yet they fired the frat shot,

and drew the first bleed In the feud. |

Antonto Luciano, with his brother,
Balvador Luctano, operhted a @récery

‘store on Poydras, between Saratoga

and Rampurt Streets, and at the same
tlme established or ware interested in

‘a macaroni factory somewhers
Donaldsonville, La.
asserted,

near

In some manner,
they Incurred the

enmity er rivalry of a man named

Genova, who, it was gala, was p
inent in politica In

rom-

Palermo, Sielly;

in fact, he came here with the-pres-

City. Council yi
important personage to the Biel
here, The Luctanos were al

time of Having been a member of the
of that elty, qubve an:

Ilana

o natives

of Palermo, and knew Gendvaiin the

Id ‘rountry, but upon
.merien thev. coneluded -that

reaching |

they

were free citicens, and the eqhals of

any
oo. cHman in the old countr
40 o'MlockK of the morning: ®
1p02,. gnare and a whisky 4

Di Cnriatina drove up to

Cian
tore with

weapon is w fayorite ‘one Ww
iclligne, Ohad ie 4tRO et. RA 8)
erbues ye & the policed. Both:
‘and IM-Cheistiaa were. a
“LOK.

the weapon's. hercge,
hg ent of high

pete. Geneva u

man, even: though he Wat @

: About
ay 7,
mm ey
the {

rity
| male

| poe

bills, and sént
oor BiciMans. TI

how many of

ener several
| arrested any
ot Kerrarl caus

erness,

rien

wlice v )

attend ny a

the, .eua. wae

pradicted,.

a had net ¥

omicer

Luciano. pe

ediail the men
from 4

ve
rhend,,

bak ge TOFCY,
detailed t

tmet, Was
1]

and

N

kame |
at #4
friqnt
rienda wert”
‘Tony, dtl

chi e
rie j

had & gO mount >
i pele ee ee rede
principally 4
ey did not thi
ali necessary. to pay aher debt
any rate the majprity of the
‘of that opinion, and thus mate
went from
One or t®

dA in the ri

creditors bein

wi
Wide, the.
severa) |
the corpses were burned &
never positively identified,
these ‘murde
committed will perhapa ni
known. It was, however, ni
the friends of the Taictanhos '
fered, for a near relative of €
was asxsanginated Eb a Wh!
and several other friends ot:
or of Genova or DI. COnrist!
filled, Tt would not at ail b
agkeration to say that five:
were committed in the par
of which were connected, a}
indirectly, with the Luciano
Orleans.
Mrs, Lucta
arrest, moved fro
the corner of Gr
where ehe could bet
‘tn fact. Luciano, trom
dow, could see acroes the st
home. Mra, Luciano cond
business, and one day, whi}
uptown, at the corner of Rut
elpomene Streets, {no as
collision took place swith
was thrown ou

broke. her
she
lofly far
teacher
Osh, BAe Ne Peenpinaent!
rt or oivil ¢ neer..
ut ‘before Ant
urder of


gier area,
tad bullet

bility

we

‘refiecta much credit upon

In

‘Rorgla,

Pahoe ke with

geuteg to reiurm to the jall and cele-

Pather Devine's work in bringing
the stubborn epirit to see its error
the seal
ged devotion of the pries.: Patber
Cieline, accompanied by Father Pa-
roll, reached the prison Jual ae Path.
er vine was leaving. Father. Cio-
lima, who speaks bur litthe iniglisn,
with the assistance of Father Parolt,
who hag @ very knowledge of
the language, ex jained the affair
of Thureday nighf. ea

Father Cielino/ said that he first
atarted to vialt )
or 80 ago, and his motive was solely
to offer the unfortunate man the
eweet consolation of religion. Bath-

er Ciolino had been tn the city but,

two days when he visited Sparo,
and Sparo, from the very first,
eeem to take a dislike to the
ries’. The prisoner, looking through
e barg lof his cell straight into the
riest's ce, said in fatiany “You
on't look good to me.” \.
Despite| the insults and velled
abuses heaped upon him without
cause, Father Clolino, feeling it hie
duty to work to sAVO souls,
tinued his vistts to &paro. The af-
fair of Thursday night
lees brougbt on by Sparoa 0
wrought nerves, and when. Mrs.
Bparo spoke excitedly, she was €n-
deavoring to calm her husband.

There was a sad group gathered

Bhertff Long's office.
the mass in the
terday morning “ne
made up of Mrs. Bpako,
tle twit sons, who Watton
big-eyed and curlous, wazing at
gtrange AUrroUnd Og e,
Joe, a lad of 6 years, i
Marta, and her niece, a young woman.
Mre. Sparo wasn poorly dressed, in
garments of some cheap material, and
wore a wun bonnet. while her ete
dren, although neat and clean, “bn
their
refiected the poverty of the family
At & o'clock the sorrowing wife,
herinnocent ofaprings and the young
niece were ronducted up oto”

waiting for
chapel to begin, yex-
group

her: lap
their

sr daughter,

man himeelf. with Sherif Long ou one
aide and Captain Meridith on the
other, entered the Chapel, preceded
by Father Ciolino, in the veatments
af his holy. omice, and Father Paroll,

who wore a atoll over his blick coat t
Slater
OT TE

At the organ. wau seated
the gentia anal
prison, whoee good worka Are Beat
tered over the 4

eAneem and misery.
Aggy Tes
nated jife no uMe weilonigh
kneeling near b

aod Riatara of Mercy. and two falths

fui @istare of the Missionary Order OF

the Raoread
Wathe?

jreart
Cigiing..
eraotion, mall ft hin
axaiated by Father Flarpli, and there
were anole act tmpressics moinents

han fhe fen fs aarl ree oy,

yoloe { hat

paro eight months

ron-:

was doubt-)

was
her pretty iit.

er Httle sony:

patched and tattered attire. alsa.

to , the.
Chapel and given seata nearethe Ble
tar and @ little iater the condemned:

Aark paths of wretch.
weet CNY a
eonatantiy bringing back ‘
foat) end:
ar were thren ober,

THA BS:

“7

yard. wpe the rations stood, tH
sinters and Mra. O° ner, the: 0d
tron, bincbed © EST in’ on (their
knees, begun to say the prayers for
@ happy death. : . ha

fhen Sparo passed the ept¢: and
found Himself at the foot of be vir
lows, he sprang up the stenel wur-
riedly, and in a mann?r Pie hued
crasy fear, but.@herift Long ang “|
tain Meredith were just behind Rah
ready to. seize him sbould he al mpt
o throw himeelf from the higb: poal-
old to the hard-paved yard, nearly
ten feet below. Standing at the Outer
rail of the gallows were Depbuller
John Spellman, Banny Corcoran and
John Doyle. offering a daterrfined
front against any. attempt Bt aphs
airs Mee have made to spring ove®

n the scaffold there Was @ sigken-
ing and trying scene. Sparo wa Low-
ing his courage, and losing It rapidly.
His face was a ghastly hue, and wore
an expression of agony stamped yporr
it, and has les trembled 60 that. Cap-
tain Meredith and Deputy Brinkman
reached to support him.

him Sparo leaped several feet .into
the air ard came down on the trav
with all his weight, doubtiess hoping
to preak the rope- and = prec pitace
timeelf to the yard below. He ganed
again, but bis fall was broken bY the
fim erip of Captain Meredith and
Deputy Brinkman, who seized the
Itallan by either wreint. Tae
Spuro writhed and twisted) desper-
sitely, endeavoring to wrench, him-
eclf free, and in a high. shaking
yotee almoat screamed out a
1 die lika

“Letts go ma bands).
a man ay
sheriff Long called reassuringly¥y to
Sparro, “Sam, be aniet, the mriest'a@
fhere.’ but, the Italtan was too far
gone to heed any advice, und swayed
frem side to side, supported DY the
Captain and Brinkman. me
Father: Ciolina, who Was deapnly
stirred. bentan to chant the
for the aAving, and Sparo, & frovh
showing at his mouth, erted. “Hurry
iw Oho horky ope ana aimest in the
ayine breath he called down to the
crowd, “ooda bye,
evervindy

ic -Mherit? Long mave a #igual to tha

Peputy who ware atanding In vard.
Woe land the Dengty yeckoned tu
‘pame one in’ the prison A moment
Jalen on blickerobed Rigure steapthlly
climbed the steps of the aon fold and
steal behind Sparta, ke an angel of
death. © ea
BRpardg seemed 60 fee} the presence
Tpather than) hear its approagh, ana
irnifac be Weithiod im new Cerne nf
dhe alwht that met hie wayne.
Neen Johnna? yelled the prisoner.
Starry ou Pang in’ Gettwe trou
Hie ka Jebnaean adicokty baugd bia
viens tintiidde and feet rene hed fut

aera ood hile
ict ® sd

os grow nti. now nines aonng: wis
poming fh bepween he Yialban s
freehiirie Tipe. nod Johausteaw (ee

thor fh aye pas weaving een

ea ce: a a whey Mt thie Pro biper

Before hands could be placed? upon’

pravers.

buys! Goods bre.

‘one of the party,

phar
pyaar ee rene: oe ged tha paygae,
“aa Roar thee a hack Wis head Ae the:
hep © fin dence nding

More ERT e
hdat al

It was

hy tred po
Pols and,
uciano,
neither
Driscoll, ae

geant that he would

without a desperate.

were made to locate A

for several days,
ciano walked into the Central stg
accompanied by hia dttorness Che
jer Lusenberg, and gurrendered
self, and thus

MINDED THE FIRST ‘ACTF

The case dragged slong: in
without going to trial, and Ang
Luciano and his brother were
leased on bonds. About ¥ o'cloe
the evening of June ii, 1902, a ne
atter the orst shooting, Antonid
ciano, Vincent Vettura- and L
clano, a cousin. of Antonig Lud
who operated & iltthe cigar 44
in the rear of Tony's grvcg ry
were seatod playing & KAMEe of
In the store on FPoydrus treet.
vader Luciano, the younger or
was seated at @ deskein the
portion of the store, -writing a
home to Italy, wher suddenly
urimed men entered. The Lac
were ull unarmed, and at once th
truders attacked Salvador with
ang pistol. Salvador. fell with
stab wounds, and Luigi Luqiano
had sprung up at the noige oO
speuffe, met one of the aseasains
stabbed nim in the shoulder @
turned and run to the rear -an
stairs, where Antonia Luciano
hia double-barreled shotguns.
tura remained seated at the tab
molested by the. party, and
coupled with the fact that the
been trapped, caused the tw4
clanos upstairs te conclude 4
wus a.spy in the pay of the atta
purty, When they came down
armed with their shotgune
Vettura, Killing him instant
then fired at the three men wi
entered: the place. Joseph Ca
ue woutded:
pe the contents ef-one bart
hagd; the second, Vincent Ge

and the

was wounded in the lower peu
third es

ihe abdomen,
Cealamia was arresied later wi
pistol im his hatd, and Gerrat
nleo apprehended as he Wan ¢
tring to escape. The two Lat
ware alpo brought t& the Vent
tion, and as. there wae CON aid
excitement and comueton, if Ww
fleult fo arrive: at the tao |
tase Gerracht was eon veyed
ynenty Hieapital, where he es
ow days later without makit
Kinfement, and Calamiaty as ab
veyed tO the hospital, where
pee synth he recovered A
vetano was locked. up in: un
tral Btation, and a charge of a}
Kod wounding preferre ngai

aw $( wae wesumed that he i


a cy ES HET ae OR ity ih Galas (See vba: SAPS Pa Sale a a ae ee TG RITE EY a Tp “ Sone poeret-
owly re Boothe ki \e of a acs ane xtra nana Tee ere SL TL Le a ae TIE eee Ih the eUUn SD Tae
4 ae noake and understands the language so. 47 Ve ve ance of the par- | Dugines ae ire Ty Wee
ft keep ns Buse feud? Has the vengeance of this » up by the lrag dies enacted.

thoroughly.

; : . Kar on been giutted? Has theiraghirse | | : a t
The agent stood by the auter bars ‘ies u babes f hee jad & goodly amount of Ou

bes roe of the condemned gallery, cleverly for, human blood . been did boi bills, und sént triends to coll
fe- | afecting a curtouely morbid expres: Have all the friends o¢ relatives @f) creditors bein principally |
Haliar alon. such as might be aeen on the] the parties Ingolved ino this: most} ox Sicilians. They did not thi
AN! races of many Of those Inthe Jalil, and | dreadful vendetta obtained gattefuc- | all necessary. tu pay ther ded
len wearers while pretending to stare around W8= | gion?) These are questions awhioh | any rate the maiogity ot she
fan’ aay, | athor Cialino talking In Itallan (0) time may answer, but which feply | of that Opinio and (hus mat!
; Sparo. mentioned nothing, other the people of New Orleans, wWh@ Have) Vong. with ony. One or t'
taba kind HIthan matters pertaining to religion, been horrified at the recitals GF @ac) gere then occurred in the ri
‘ae Dee noni chanéens y De Hou) a. ne tragedy,. may never read abgute ar) ishes, and pabeien er eet .
wor o come, and spoke also Of the | pear. | : 1 > | te the feud whic “ 8

futurg of his family. ; Sam 8 ia the Jast of thobe fm- |/gthis city, it wae aifficult ¢
and ; ‘ce y {rit am Sparo i# the at of those | x ‘
EE choc re ee the Chapa plicated in the murdets which topk intonuialion 1eee s de the
own onl and wkile the stations of the cross. place from May 7. 1902, whan the were wecret and -in neavera) |
me depu- | were made, Sister Borgia played the first battle took plaoe, on Poydras, lithe corpses were burned a
k if he] organ and sang “Stabat Mater, one | between Rampart and  Saratowa | never posittvely idemtined, |
qhis bath | of the rfaleggat be arson s. sy hday Streets. Strange to say’ that, while} how many of these ‘murdé
seks avd Winte remarked 40 Snerite ong that public sympathy all went out fOr the committed will piptbieny r
his eyes. | one of his ahoes was too tight: and Lucianos, yet they fired the frat shot, | known. S oe the Pr lclanee:
was up| when the man had removed the ie HS and drew the first blood In the feud. pee foe neat relative of |
Popa morn. | per, the Sheriff out a Jong slit in It Antonio Luciano, with his brother, | 17, ‘anaanginated ngar Wh
one L alts ee ie begin for the Salvador Luciano, opernted a ar@oery | and several other fiends of
n Nv. id, : store on Poydras, between Saratoga]! or of Genova or DI Christ
poet ain! Sd, ONG Ne ited een o and Rampart Streets, and at the same | killed. Tt would not at all.
garments | them doctors, were sworn in and con- tine established or were interested tn peweration to ren die a
an ducted to the condemned floor. Bparo, | & mucaroni factory somewhere near Wore COO ee Nonagateds
PAsed him. | with Father Ciolino and Father Pa- Donaldsonville, La. In’ some raanner, of wile with th L jan
ae Hi on either side of him stood ner- ; : le indirectly, with the Lucianc
[a wear on | FO TE Oiloek S MEE it waa asserted, they incurred the
Piss vously while Chief Deputy Sherfff Pat - x Sas Orleans.
gcoat and) ping read the death warrant. enmity or rivalry of a man named Mrs. Luciano, after her —
Re cabipl “) got notin’ ter say," quickly re- Genova, who, {t was sald, was prom- | arrest, moved from Poydras
re ae marked the Sicilian, at the conclusion | Inent in politics in Palermo, Sicily; )] the corner of Gravier and,
of the Feeding) g reply to Mr. King’s | in fact, he came here with the pres- where she could be near ue

2)
b

t

hall and and 8 ervously ory { f having t member of the | in fact, Luciano from lis.

viewed question, bard, 5 arvous y cry- | tee of having een a me ar of the. Ae eenla aa hen thé at
ing “Gooda by, ¢v hady, shook | City Council of that city. quree an aoe Mrs: Vuciano cond

satisfac- : :
hands romiseuously with those | important personage to the Sielllans
around him. here, The Lucianos were aipo natives | business, and one day, me
ged then, heriff Johnson headed the proces- | of Palermo, and knew Gen va In the | uptown, at ean ob *
cordially | gidn to the gallows. and behind him | old country, but upon reaching elpomene : es a, ih i
oyle and} came the Pree eee oe with | America they concluded -that they | coll sion took bp Bee A ae
good-bye, | Bparo, closely «uarded by Deputies | were free citizens, and the equals of | Car and abe was )

wanted] Brainey and Spellman. Down the] any man. even: thougb he was
four fiiahts of stairs to vard No. 7 ‘ounctiman in the old wD ste Mout ondition at ne ey ane
taithful| the. death procession took its way, | J0 o'clock on the morning: Gf @my 4.( DLFED OF UNS, noth
Joseph’s| and at the enttance to the negro | 1902, Genova and a whisky drummer broke her leg, 3 |
; at 6.39 oe ome | named Di Christina drove up ta the
Oo Hparo & a store of the Luctanos on Poytras
nt to the Sireet, and became Involyed ig tome

warinly hind of difficulty or: troudle) about

wed gen- business. rivalry. The twa: i¢

pine

isitor. gtore, and wete about td enter ir

neat, elo- puary to drive off when Salvador]

paro Inte uctano appeared mt .the, oer ied the

me tima, store with @ eawed-of -Gouble-par-

beautiful reled shotgun loaded with slugs. he
impress- weapon in & fa yextts ne Wh al ity. |
mility an icfiiang, and ie Gren AA BF tet nee
the chie the policé Both. a ry On ‘ : ;

jerbues b
na

the Se~ @ iatina were woe

CONFEE

ee ‘i fa the w yr
bis mis and use 44| B mop Weg yn 4 Po
of Wather poe erolver, wi bh

i ’
ther thas
priest, be
pywed com.
iwoult be
e Colne
onaptitr

pe i.

?
th at


TRY ay. LA TOr t, :
Thursday, #4. Moderate northeast
‘ winds.
. 4 LAKE CHARLES. LA. WEDNESDAY. JUNE 3, 1953 : NUMBER 21,128 |

OR

Examining the field near Hecker from whic
dare, in the top picture, Deputy Sheriff Tinnie Gillard.

‘slain man, Sheriff Henry A. Reid and other members of a posse formed at the shoot-
scene last night. At bottom left the bullet-ridden stolen car from which the Negro

‘er came out firing is inspected by the shooting victim's

ish police juror and streets and parks commissioner-elect of Lake Charles. Shown at
‘om right are possemen at the spot where the 63-year-old stockraiser and deputy

riff fell mortally wounded. A search for the slayer by

ag pushed this afternoon. (Staff Photos by Sam Guillory). |

le Sis ts
asl >
h the killer of A

Posse
By River—

gy

cattleman and estate foreman,

Report fo Nation

Over TV Tonight

WASHINGTON (AP) — Presi-'
dent Eisenhower makes his first
television report to the people to-
night. apparently to bear down on
the idea that in such perilous
times spending must come down.
but not too much and taxes re-
main up.

Four Cabinet members will be
‘on the program, too, taking their!
cues from the President and from
big printed cards outside camera
range.

The broadcast {s scheduled for
8:30 p.m., Eastern Standard Time.

Reports were there might be!
some word on a new “goldfish |
bowl policy" of publicity for tax,
enforcement cases, perhaps __ to!
emphasize that the administration
is trying to clean up what Eisen-
hower has called ‘the mess in|
Washington" ‘

But there-were no sdvance- signs
the ay nalor eeasomer|

anmeuncemen’

duce any major
The White House seys'the program
fe intended largely to tell the
people what the administration has
done. and why, in its first four
months.
| It is expected to touch, also, in
| more informal over-the-coffee-cups
i fashion, some of the high spots of
| Eisenhower's radio address to the
: {nation Mav 18. In that broadcast,
r ai ‘he defended his military budget
Ibert Bel (Ab) Goos | and called for temporarv mainten-
Walter J. Goos, brother of « 8nce of present tax levels.
‘All four TV networks will carry
the program. Along with the Presi-
dent. it will star Atty. Gen. Brow-
nell, Secretary of Agriculture Ben-
json. Secretary of the Treasury
‘Humphrey and Secretary of
Health. Education and Welfare
i Hobby.
A test run yesterday ran seven

Beaiil

brother who is a Calcasieu

plane and ground was still

|

N Leaders Keep

Letter Secret ‘Co: Overturns ston ne

USMPAN. (AP}—The Communists handea the Allies a!
relating to the Korean armistice talks al a.Lwo-minute.
1g of liaison officers today. The U. N Command said:
itents would remain seerct

1 official spokesman said. however, a tull-seale nego-
} session will be held on
ale at 11 a.m. tomorrow

a nine-day recess. Car Runs Over

Reds were expected to an- » oureone

ae

‘state police reported today.

‘minutes over time. That meagt
| condensing or cutting out nearly
a fourth of the half-hour program.
Another rehearsal! was set this

Heat Buckles |
Highway, One ee plane ge through.

‘dent seated at a big desk in a!
conference room a few steps from|
his White House office. The Cabi-
net members will occupy a brown
leather divan nearby. ae
Eisenhower probably will start
off with a general statement of
some sort. then bring up specific
| Subjects and ask the Cabinet mem-
An automobile driven by Chartes: Ders to fill in details.
Irwin Rankin, 29, of Jennings. ov-'
gs. 0 - '

anda

1OWA, La. (Spli—At least one
acc.dent resplted yesterday when
LCS Highway 90 near lowa
buckled in the afternoon heat,
cracked and rose about three feet,

erturned VamAnd in nw nn

GOOS SLA
Y AIR AND GROUND

Combs Calcasieu
mp-tor-Killer—

By FRITZ] KRAUSE and WILLIAM G. BUCK

A manhunt by air and ground was being pushed in Southwest Louisiana this after-
noon for a Negro car theft suspect who shot and killed Albert Bel (Ab) Goos, 63-year-old

tion of the fleeing man but It was!

scene said.

2 Train Crewmen

LAYER

last night.
He was a member of one of Calcasieu parish's pioneer

| ns <1: dV erifies “No -had been re arrested early this
President Makes':"-2=0°"""" a

Goos was fatally shot by an unidentified Negro man at
about 6:30 last night in a pasture near his home at the
Hecker community, 17 miles northeast of Lake Charles
while investigating what he apparently believed to be the

activities of cattle Eyecare, :
CD to Foot Bill

Sheriff Henry A. Reid said.
Goos served as a deputy
sheriff in the Hecker area and
is the brother of Walter J.
Goos, newly elected city com-
missioner of streets and parks
and a member and past presi-

dent of Calcasieu, parish po- -
cent gt ‘n-Flooded Area

A 1949 sedan abandoned by the
WASHINGTON WA — The Civil

slayer at the scene has been identi-
fied as one stolen in Corpus Christl,! Defense Administration teday re
leased $200,000 for purchase of feed

Texas, state police said.
Law enforcement officers with) for livestock in flood-plagued areas
of Louisiana. :

bloodhounds began combing the
Calcasieu river swamps and wood-
ed sections near Hecker and the ™ aa ile aaa <a!
surrounding area last night. The Yesterday Agriculture
hounds followed the scent from partment.

the murder seene through. the}. Louisiana. members of Congress

[woods toa Toad, where “the scent | were advised by the two agencies

became cold, a witness at the of final approval of the program.
scene said. | They were told that purchases ef

Read biceks have been set up feed wil! begin at once for ship-
at strategic points throughout this | ment intn the flooded areas. Feed.

--Bodaythe Civil Air Patrol start- |
ed an air search on request of
state police, Capt. O. D. McFillen,| Peed is to be used chiefly in 18
Lake Charles equadron commané-| parishes — Livingston, Jefferson
er said. Davis, Iberia, Grant, Frankhn, Cat-
Dr. Hacry 8. Snatic, parish ahoula, Cameron, Caldwell, Cal-
corener, said that Gees was shet | casieu, Red River, Natchitoches,
with a .32 calibre automatic pis- ‘st. Martin, St. Landry, Richiand
tel. The bullet struck his collar | and Madison.
beme, severed a large artery and Rep. T. A. Thompson (D-La) said
perterated the lung. according te | he was told that since hay is
the cerever. iscarce, feed to be bought will be
The wounded man emptied his! chiefly corn, oats and cottonseed
30-30 Winchester rifle in the direc-| meal. ;
Rep. Brooks (D-La) said he was

believed most of the bullets struck! notified the feed will be handled

the autemobile and did not hit the through the parish production and

colored man, authorities at the marketing administration commit-

nearly 250,000 acres of normally-
be came upon the colored man lush pasture land would be unfit
sleeping on the automobile seat/ for grazing for some time due te
and told his father because he deposits of mud and silt.

aS = Flares Rout
18 Families

Young Goos described the man
NEW ORLEANS (AP)

as tall, heavy and with bushy hair. |

He said his father got his 30-30.
rifle thinking the man might be a’
cattle thief, and ten shells and!

went to investigate. During the | :

— A

time his ether was-shot, YOURS tercely-burning fire in a-Negre

Goos and his mother were looking | tenement district yesterday made
for Jeff Corbello of Iowa, owner! 1 families homeless and damaged
(See Negro Car, | two houses.
The blaze began when a poultry
truck's gasoline tank exploded as
‘tt was parked in front of one

‘the huildings Tha man. -

on Page 17)

Wilts = “4 .

For Feed Buying

i vef helps him bye to each of the official witnesses with a
22 steps he went to smile and a handshake on his way to the chair,
clearly visible in the background. Then he was

where he said good-

TO DEATH SMILING

Postal Wage
Hike Measure

2

. @
7,870 Entries WASHINGTON (AP)}—

Miss Solution. President Eisenhower today

1 Of Crossword... pn pares of. the 500,000}.

n> onomemmrreeeett ert ty ter thre bth parsed on

workefs” an” average

Lat ee ee ae

a pos
For the tenth week in a row |g

iade no offer to the union as yet
p whether it will go along with
ye same contract deal that the
AW negotiated !ast Monday with
ne Ford. 2b 0bas Let

there were no winners m the
Merchants Crosstown Cross-
word Pruzzie, judges an-

i today. | He called it the “great forward
Of 7,870 entries, 1,081 went | step for our postal employes in

inte the final judging. One of [more than a century.” i
the finalists barely missed eut |

‘about 164 million dollars a

l year. —with a smile on his face.

sion. —

eee ae

Peppectontetpenpuariias.easesy tir 2 seem oe By FRITZ KRAUSE. rt
: Robert Lee Sauls met death in the state's
t—an_ increase OL) penrete—et testraxt sh-yait-

His last words were of gratitude to “the
| and all of the folks for many
| even a Visiter who had brought him ice szeam om eoen-

Goos Slayer
Wards Due ‘Sioned by tke Executed in

sah ae eas

- oe CN IE ME a SE SC

Lerd

mere ett Sere tt Te EN TT

This called for a modified
" he guaranteed wage, plus
a ation, holiday and other
o ns estimated by the UAW
Tope worth Tore Tra 20 Cees
} hour per worker. UAW Presi-

ent Walter Reuther said GM's
25.000 LAW workers were ready

strike Sunday night unless GM,
atched these demands,

y ’ THE Present |
‘in 10 months. He vetoed the other

i two.

A new puzzie worth %275—11
$25 weekly awards — will be
FTE - pr ease s Leke years ago this month.

twice tried and convicted for the musder of Deputy
‘ Sheriff Albert Bel (Ab) Goos in Hecker community two

“Tort — Fhe meemere whieh-he -apprevettt—
a winping entry on & postcard |'today, however. meets the main
provided by a participating requirement which he and Post-
merchant. The money is divid- |

even! ties.
vevtlandios welticnced down. It contains broad authority

x © *® |

cM s Wie din = j . ne Teg reshuffle postal jobs with a view | 2 anal onan

xM sai the shutdowns were

aused by eather wildcat strikes.[ Indian; Soviet <tr -pemening snaquiies and wa | SOU Ss Services!
|

apparent protest against slow-
ess of the national bargaining se-
otiations, with the walkouts shut-
g off parts peuring into various
‘M plants across the country, _

Ths lack of. parts. GM said,
ompelled the company to close
own GM Chevrolet assembly and
ody plants in Detroit, Fiunt. Bay
itv, and Saginaw, Mich. and ia

_suttste- and Tonawanda, ®- Y:, to-brnsst
‘anapol's and Muncie, Ind.. Tole-lother as champions of peace last|Crease comes about through the

©, Oho. and Baltimore, Md.

GM said al! the walkouts vi-
lated its expiring contract with
ve UAW and added, with appar-

5) hope ot a contract settlement|Kremitn§ dinner
eing acnivved before the Sunday|Prime Minister
that all top leaders were present

nicht strike

orkers would

deadtine,
be recalled Mon-

ay

ere nothedoto

arts material

stop

into the fac-
TES

The ent sent —pegetrtrors
“PCPeSH TANT NITY Fuel” before!

midmgit. nisi thie alternoos, 12, People's Republic together.

es belevea that GM then would]
bake contract offer bid

ratch mprove upon. the Ford|

ettiement to give the CAW ume:

. "advance of the Sun |

wnt Virne gine 1

auc LAW ciarmed it rad solved

the (Nt wiideat walkout sltua-{

cs except one--at the Southgate
near Los Angeles

PVOTA "hoy sand

involving
workers. and |
nN emMissanes there
"ace to heir joos

that work top |
‘Se cet Pereicrron!
o> and

mF ith om

night ant chorused hopes the restireciassification features of = the? si wi ae

of the world would follow in their 1 { '
{ ; ; Measure These will take effect six bre }

ganin Jed off by voicing hope that
Other comipames supplying parts/the joint efforts of India. Russia
»o GM plants ciosed today also |and Red China could “ease the) The President approved the com-
shipping t-nsion””

by Mr Nehr the ing. i sailed for New York todey aboard
oie V jn r Pain y ri fe a lee ps be
Snasae eo oe

to! —_—_____- ——---—

moting efficiency

Set Saturday

Funeral services for Robert
Lee Sauls will be held at 2 p.m.

The bill gives all postal em-

Premiers Toast =." "x7
Cause of Peace

dollar nest egg as soon as ad chasel,
department can arrange the pay-)
MOSCOW: #-—The_ premiers of

ments. | The Rev. C. 8. Keyes, pastor
Tre sddinonal 2. per cont.of i2-

church wii! officiate with turtef
| in the Combre Memorial Park

3” and Tria Toasted each

imonths from today:
The exchange took place at at Sauls, Jivyear-old Corpus
honoring India’s} The reclassification wil) meas) Christi, Texas Negro, was elec-
Nehr:. Russia's: much bigger increases than 8 per; trocuted shortly after midnight
jcent for some supervisory em -| today at the parish jet for the
thene have been slighted in salary, Hecker two years ago.

raises since World War Il

Soviet Premter Nikotet A. Bul-

SAILS FOR UN MEET

over Formosa. ‘promise legislation just before, CHERBOURG, France Soviet
“Everyone knows the leadership entering a morning Cabinet meet-' Foreign Minister V. M. Molotov

Thouses—rcompirted—acticn:
with|(be measure last Tuesday, the| strike wave. He is en route to the
Saviet. on Page 5): House by 47-1. United Nations in San Francisco.

See India

Schooner Passenger Service

Starts Between Hawaii, Tahiti |

ot —the—¥t_—Pligrim—Beptist+ Switch the fret of twe times.
of —tre Mt

“wneermg Of tie

NEWPORT BEACH. Calif > stance and a diese! engine for days to the Galapagos, Marquesas. Ta-;
The dream of a modern sailing, When winds are of iittle assistance. ¢:t) and Hawati He makes his,

skipper oberemes rea ity today; Costs of the trips depend on how home in Honelulu wrth his wife
Te Veza Inaug- far the passengers go @nd-wineh-and three cintdren
cabins they occupy It wil] be pos-:
nie to sail one way and fly back

when the | 34-font

utates s: kwaaoner rassercey service

Darr found the Te Vega tn Ta

Or as one deputy summed it up: a

“He sure showed ‘em how to go”—words overheard.
bmaster General Summerfield laid! but apparently meant for no one in

as the
black-shrouded body was
‘into a =

Saturday at the Combre Funeral |_Ssuls was pronounced dead at

14:14 a.m. exactly four minutes
after the executioner threw the

:

|
tf

Hl
!

R

L
iy

pal
le
y

f
i

Fa
4

es

DUKE is
“LONDON W—The Duke of Edim-
burgh, husband of Queen Elisabeth
Il, was 34 years old today.


hina Monte | Oh ‘months ss tspees of gi Sw §'S VVVEREW SP |
n ‘- Qeperete eitbedie ‘three mon
| the dition ofc ce 'AP) — One of wife's gegen maintenance | ral wit te held) You ge
-espondent #1951 order attacked — pn yng . 90,399 10 a.m. Thursday trom the Lake: Your Wie —
The burning mw extending unduly the suthority monthy temporary “akon: Wayn! Arthur Catholic church. with burial Silver
new Repub- AM aD Sovernment agencies to! Monthy ier lempotary alimeny, i the Lakeview cemetery under { Your Childrea Fime Art
takes oves is , withhold information from publi-/ Wayne has offerea U8 a monta. , Tirection of Hixson’s funeral home Your nak China
+e oer: , Cation says the Kisenhower admin-;  Kosecenal teid tee court ne meeds Of Weish. Se Clothing
promised to istration may modify it. | the tunds to hire detectives. re: The body was to remain at the f Your Guests
“he American + J. Russell Wiggins. managing ,ays he expects to preve Wayne family residence in Lake Arthur es:
ung for him, , editor of the Washington Post and! gusty of unspecitied “musconguct: until time for services.
Congress, to Chairman of the Freedom of In-i in Honolulu, Mexico City and Aca-: Surviving are her busband,
‘formation Committee of the Amer: puico.” | Jerome Bertrand; three sons, Wil- WHERE?
uch? That's | {ean Society of Newspaper Editors, ; ““Ine people invelved are known | lard. Whalden and Hareld: two
d taxpayers | said Atty. Gen. Brownell is study-| py descripuon but net by name," daughters, Mrs. Austin Clements ;
| ing the order “and I believe Some-|he said. ““Thereiore, extensive in- | and Mrs. Virgie Bertrand, five Ae Home At Cleandrs
at if Con- | thing is to come af it.” Vesugauoas mist be made and Srendchlidren; one sister, Mra On Trains At Laundries
this year, i The order. issued by former later on Geposiuons must be taken Lucien Broussard: and twe broth-
4 by billions | President Truman, allowed cvilianity uncover the facts.” ers, Columbus and lenius Guidry, | On Planes
‘her hand, tf agencies te use the classifications | Judge Wiluam B. McKay tndi- all of Lake Arthur.
-ha promised ‘up to “top secret.” which the mil cated he'll make a decision in the gusmemeuemesmmememsm:
‘tpaned until Mary emploved to safeguard ne- current hearing tomorrow.
ue future. jHonal security. The ae aed
t then Criticized it on the groun at!
poses! can /could jeopardize the “right to Negro Car--
rather than know” about government affairs. i ~—- .
slasting . bis : | (Continued from Page One)
podlgghe ays (Council Faces-- a the scene be touad
ana the coy | _—_- |his father lying on the ground,
4 the defense | (Conttaued from Page One) [bleeding badly from a wound pear
cigher levies Ye telephone 0s neck.
: for & speci- | demeeiany ned Ns eit een: He quoted his father as saying.
ge.

(ae city counci! | “I've been shot. Be careful, he;

<ms can pro- : .7"at | Blanchard propesed that the | may shoot you.” |
> installment | telephose company be te | The colored man was not in;
and letting Rep. Denie! Reed ; Come te any city council « (view and the elder Goos told his
od boosts ex-

to trem out the preblems. and son to slash the car tires so that

would then) ship and str Deere | cabeerin new survey of telephone ithe man could not get away if he

—~y few Apetcaggecc Democrats. Many { Stbscribers. Alderman H. C. Van | returned. Young Goos said he took
| ; Said that ether problems } saayprrg j the ignition keys instead.
® would d./if the eorperation excess profits | telephone ecmpany and etty | He said his father remained con-

about 2% tax is te expire June 30, then the | _ be worked oat then. (scious until they reached Broad

i

| Salaries of certain city em- in Lake Charies when he!
-Gea for an; increase in personal income levies | . street e i
evy Om cor | should also terminate without fur ae Tene a 4 ~ Brsoming became unconscious and died be-.
meeting ay nig. ction wa
hey exceed | ther delay. ?

fore reaching the hospital.
j also taken to obtain two ene-ton

“ee of the) Reed has set Feb. 28 as the dead. | By ring, eet

* years in line for House passage and there ! Sweltering Citizens attending the ” : ,
rough 1908. ie 8 good chance this goa! will be |

“@ Des. 31,/ From then om, however, Predioc- / smiles.
tncrease in; tions of what will happen are r | After considerable discussion the:
etty

would ter the realm of the problematical ft council agreed to have the
: taxpayers appears doubtful that the Senate Sulphur Voiunteer Fire department
v }will act with such haste.

|handie the hiring of all firemen |

54, various | Senator Styles Bridges (R), New | for the new fire station on Hunting-

er levies, | Hampahire, chairman of the Senate | ton mreet. The station is to be! The colored man then Started | @

the statute | appropriations committee, wants | opened in about two weeks. running towards the southeast as

a taxes are|to see the budget balanced before | @-acre tract of land north-| Goos emptied his rifle at the man. M
I

A
purchases |taxes are cut Senator Kugene j Cast of the present city limits was! Goos said the man stumbled oace
stomoblles, | Millicin (R), Colorado, chairman taken into the cttv by the council; but he did not know whether or
’ of the finance committee, to which | after recommendation by Alder-' not he was hit.
4 ine Lower | House-enacted tax iegisiation 1&8 Van--A- wr. '
4 remain tn/ would be committed, favors a | already been purchased by the, tured by numerous bullet holes in
similar course.

that the holes in the rear window
“came from another source previ-}—
5 of Catherine, Pamela, East and ously.
lidabi
aie uae fm dag = te eee — Weet Kent drive. The People are’ State police said State Trooper
$78.6 billion that Presid a te fimance the Paving, Engineer Roy Tatum had flagged the ve-
Arese levies ated the government will Senith was contracted to make the hicle to a stop earlier yesterday.

T
rear window. Police speculated T
Pa

survey Police reported that when Tatum
endl yen = during the year. tea |,, One hundred feet of %-inch plas- got out of his car to check the STOP
po pond Pw are are now estima’ itie pipe will be Purchased by the other car the vehicle pulled out SPLASHING
S Fale! —_ Eisenhower city for experimentation, after quickly. The trooper could not ALL OVER
save tax. |e aim reduce annual | presentations of qwetations by a! catch it because of s heavy trailer} || OH SLUGGO --- THE WALLS
ine aed —— spending to about $80 | representative of Ceneo Plastics being pulled by the trooper's car, '| BETTER WASH USE THIS
ive &e on. j company. , Police reported. N UP BEFORE
8 e % {f this is done, then the budget | j Sergeant Tatum it was re-/ LUNCH
could be balanced despite the ices rted. said there’ a
‘v= tnaction | of the $8% blllion tn revenue that UN Leaders-- red men in iis ene ae tet en A
‘te the op-/ would result if the Democratiow | a One appeared tall end heavy and
“ier ea, oid oe — are per | = (Continued from Page One) | the other, short and Stocky. N
-|m@ ts) nto effect. | oe
| lege] oc a | apparently easing t betwase The body was at the Hixson fu-
Pp’ 1s accomplishment, stil! ; neral home where services will! C
oduced on! further economies in government {the U. N. and Scuth Korea. which be held at 10 Th reday,
new Con-!could be expected to follow be- | has bitterly denounced the Allied Buri a Goos ds {
easure. cause defense spending will soon |Offer as a “sellout.” ' bia a pooped aad
bd reach its peak and start down. South Korea. after boycotting the Albert Gas ar rege and Mrs.
Pe eniel| ward. As government expendi. preteen "ea er ae Sot 2 | nde of ‘Capt. Danie! Goos
al | Gelegate w ursday's' A °
ware a a = oe stil] further tax cuts poe in Panmunjom. | one of Calcasieu’s earliest settlers.
w measure That ts the Picture as the Eisen- South Korean ident Syngman tle and was mio a relia rie Bc Bun Gu CAN FLATTEN
{Rhee, after disclosing he received
’ th -
LP cn | Rowe. for tact wate: printings fa Chg" tied er nee teeter | pc rie
se. Thus, | asticas) “conten tat | Eisenhower, told newsmen Tues- neers Go (@) ;
_ . ‘ y ) @ speedy iday he will co-operate with the .. Survivors include his wife of é
eased | budget cuts, followed by equally j;- = Hecker: his son; two daughters, re) e
ine y tn- ~ tax reductions, hard-headed | Mrs. Wakefield Erbelding of John- N
ec. 31. udget Director Joseph M. Dodge | ‘ son's Bayou and Mrs. J. C. Watson lar
a 54, Per | cautions: of Towa. La.: two other brothers. 9
al income | “Don't expect any 60-day mir Leno and Pat Goos of Moss Bluff ML
& similar acies." =~ | community: four sisters, Mrs. Al- yee
' To which might be added: “Keep | | bert Koonce. Mrs. Elder Koonce, Uy” ~
. oars bra Paying your taxes and hope for i a Freddie Goos, all of Moss L %
S leader-'the best.” _ Bluff, Mrs. Willie Coared of West A im_anee”
a _ a | Lake, and three grandchildren. L ~ #
d also attended the function was| Ike =
1n asked about the Wangers’ current BLIMP PILOTS COURSE N
! Status KENT
\y “They have never been separ- | : ty ag AP) — Kent pay sd s bind YOU RE RIGHT-| ay
: ‘i } | University is Siving a course on
~ Walter @ted."” was the reply. “There nas how to fly ball It’s for any-! THIS CONSTANT}
ep been no forma! announcement of ' bone. 5 y

FYGHTING (S|

SLY pf |

nt ®@ break or of plans for divorce
ot WhyY should they comment on a
n- Possible reconciliation?”

, One interested in becoming 2 blimp!

!
age tetera iL
actress CRUELTY CHARGED

party t0 LOB ANGELES 'AP.—The wife fe]
‘tlecas' of Bela Lugosi, star of horror

Meant a films has sued for divorce, charg-| N
“dy “No ‘Ng cruelty. The former actress,

ar Arch and Tuenai a have

Shewert =

- | ' — = 3 ity, loudly. Low tonight, @: high
me Tt an Saturday, 85. Gentle to moderate
: veriabie winds, mostly sertherty. -

LAKE CHARLES, LA. FRIDAY. JUNE 10, 1985 —#4. PAGES... MBER 21.996

si me ener

ee ee

Eli LeBouef helps him _bye to each of the official witnesses with a executed for the murder of Deputy Sheriff Ab
22 steps he went to smile and a handshake on his way to the chair, Geos two years ago, and his bedy was token

1) where he said good- clearly visible in the background. Then he was saechireg ion el abe) tothe ) funeral heme. es:

° TO DEATH SMILING |

Postal Wage Goos’ Slayer:

Wards Due tievoswe Fe ccuted in

r |
oI 7,870 Entries WASHINGTON (AP).
2 55 i Miss Solution President Eisenhower today

: ee, SeaMaIED ttt -sennee 9 ite jew the -br}- rere - ‘ seer SS Mag a Se niSdemouccacerrat bat
ale Of Crossword _[ing salaries of t he. $00,000, _________ By FRITZI KRAUSE __
Se : ae  Tpostal workéts an” aVera Clee ee ee

For the tenth week in a row A per cent. increase a Robert Lee Sauls met death in the state's portable

there were no winners in the t” ae : a) Clectric-chair at-Catcasien it here warty today ee
H Merchants Crosstown Cross. | @Pout 164 million dé@llars al ‘parish yait warty today”

word Pruzzle, judges an- oo

nade no offer to the union as vet nounced today, He called 1

Sa non crema f a

—with a smile on his face,

ie ve etn) ag all of Oe Ie oe ee
D whether it will go along with| of 7,870 entries. 1.09) went | step for our postal employes in: = - a . or many kindnesses ee
ve same contract deal that the} into the final judging. One of ‘more than a century.” / even a visitor who had brought him ce GFeam on ecce-
AW negottated last Monday with] the finalists barely missed out |: ; &ion. ee
Re Ford aloes Ce. —..- ee fe : [Ther -was—rire-thriret perstat pay +
a ad >
dhs: called tor — modilied | A nee wemie Gere s77s—11 PF | twice tried and convicted for the under puty
rm of the guaranteed wage, Plus ; $25 weekly awards — will be | 1 10 months. He vetoed the other, . ~

Sheriff Albe 1¢ Goos i ech
ne ee at eet Published im Saturday's Lake | two. ! oe ee Fie a ee 3s oats
wncessions estimated by the ale Cherhes apieeah prea | "years ago. hi month, — Es |
(Oe Sen more har ar-remes tt Thers Te ATS 8-SZS “Bante Tar fo Fhe menmne—wbehhe-epprewe | Or as one deputy summed it up: :
Lo hour per worker CLAW fee a@ winning entry on @ postcard | today, however, meets the main) :
a 2 Reuther said pha provided by a participating |-requirement which he and Pout | “He sure showed 'em hc ae ee
19008 / f : 7
tarts . ae po Sele of 3 egtbate gs hmaster General Summerfield tard) but apparently meant for no one in words Saciagede
alched these demands ; { "| down. It contains broad authority: xr, black-shrouded body
s, 4 se 4 3 ; -
to reshuffle posta! jobs with a view | A put was
yo osaid the shutdowns were 8 e = than half 3
ped by earlier wildcai strikes. ndian = ovief hee Fommosingdmquiies and Dro. = lel AN FYIC@S! less than. tan b ;
apparent protest against siow- y jmoting efficiency a

“ss of the national bargaining ne-|

: Set Saturda tered the death chamber }
tations, with the walkou e ' The bill gives all postal em- y and hede exch witaeus i
aie See ee loyes a & per cent increase res | : f with
spat vere re arin PTOMTETS OaSi ° This wit, Funeral services for Robert | farewe a handshake
eYdo's across. the country, | March 1. s ty

troactive to Lee Sauls wii! he heid at 2 pom. and smile.
jmean distribuGon of a 4-mulion-
& Al od Darts. G Mt said, : ares

laailar mest ecg a* soon a8 the sod alates the combre Pu s Sauls was Pronounced send at
™MPECed tre company ta clone eace mai fee eee as
MpCt Ma Cheeses assembly and, department can arrange the pay- i exactly tour minutes

=
GN panies ac : The Rev C. S Keves, pastor | after the executioner threw the
A Petrow Flint. Bay) coments
\ ARG Saran Mich d ee f 2S oe Fee par Pilg switch the first pee es
as ai:na ch. and inj 1O8C ‘oe are emiers on . ae ae - Ai. has q
MER Sa “tan aie ee yoy : M SONS eee oan gout wi) Fre addtional! er cea ay : ce eee C athe g ees tae - -

Th

ile y ip

ae

sed

‘SAWYER’

as or’ guidance.
a recognized that ‘in’ an important and con-
Ee trolling respect, a death sentence is differ-
~ ent from any other kind of sentence. The
- Supreme Court has held that.,in order to
- comply with the Eighth. Amendment, a
_ death sentence must. be imposed under a
_ structure. that specifically narrows the cir-
= cumstances under which it. may. be im-
Ta posed. £. g., Gregg v. Georgia, 428 U.S.
153, 96 S.Ct.:2909, 49 L.Ed.2d 859 (1976);
3 a Proffitt v.: Florida, 428:U.S. 242, 96-S.Ct.

© 2960, 49 L:Ed.2d'913 (1976); Jurek v- Tex-
— as,’ 428 US. 262, 96°S.Ct. 2950,49 L.Ed.2d
929 (1976); Woodson v. North Carolina,

428 U.S. 280, 96S. .Ct. 2978, 49 L.Ed.2d 944
p (1976).

oe

é Many Sites: ‘pcluding Sadeboic: have
F complied with ‘the: Court’s construction of
~ the. Eighth Amendment’ by adopting: stat-
F uies that set: forth. certain aggravating cir-
cumstances, at-least one.of which must be
found before the jury is authorized’ to im-
pose the’ death penalty. As the Court rec-
ognized. in. ‘Bullington. v, .Missouri,.. 451
US: 430, 101:S.Ct: 1852; 68 -L.Ed.2d: 270
(1981), with respect to the Missouri death
z penalty statute, “[bly enacting a sentenc-
' ing procedure that resembles a trial on the
: ssue of guilt or innocence, Missouri explic-
tly requires the jury to determine whether
e prosecution has ‘proved its case.’” Td.
t'446, 101 S.Ct. at 1862-(emphasis. in the
riginal).’ “Because of the’ similarity be-
tween a trial on guilt.or innocence and a
pital sentencing. ‘proceeding, the Court
eld that the’ protection: afforded by the
jouble Jeopardy Clause to one: acquitted
ya jury is also. available at his retrial to
fie who has earlier been, in effect, acquit-
_ted of a death penalty: Jd: We think that
[the Court’s willingness in Smith to consid-
Ser Smith’s claim that he was actually inno-
ECent of his death sentence is premised on
ithe distinction that the Court drew i in Bull-
‘ington between a death sentence and other
1 Ecntences, and patie distinction informa; our

ge Ns, 5

Cite as 945 F.2d 812 (Sth Cir. 1991)
Judge virtually free of substantive: control:

But the Supreme Court has’

v. WHITLEY © 819.

view as to the content of the standard. we
set forth today.

Justice Powell’s cogent dissent in Bull:’
ington ‘did not necessarily disagree with
the majority’s explanation of capital ‘sen-
tencing. Instead, Justice Powell chose to
emphasize the inherent difference between
reviewing the validity of the sentencing

phase and that of the guilt-innocence phase
of a criminal trial:

: Underlying the question of guilt or inno-
cence is an objective truth: the defen:
dant, in fact; did or did ‘not commit: the:
“acts constituting the crime charged.
‘From the time an accused is first sus-
pected to the time the decision on guilt or
innocence is made, our criminal justice
system is designed to enable triers of
' fact'to discover that truth according - to
law.’ But triers of fact can’ err, and an
innocent person can_ be pronounced
» guilty. . In contrast, the law provides
- only limited standards’ for assessing the
validity of a sentencing decision. The
_Sentencer’s function is. not. to discover a
fact, but to mete out just deserts as he
- sees thém.. Absent. a. mandatory sen-
«tence, there is no objective measure by
“which the ‘sentencer’ s. decision can be
- deemed correct or erroneous fit is duly
made within the aurnority nyerred by
the legislature. ——

Ia. at 450,°101:S. Ct. af 1864 (1981) (Powell,
J., joined by: Burger, C.J., and White and
Rehnquist, dd., dissenting) (emphasis add-
ed). Both the: majority and the dissent in
Bullington guide our analysis. _ The: sim-
ilarities between a. guilt-innocence determi-
nation and a capital sentencing * decision
allow us to translate actual i Innocence into
the -sentencing: ‘phase; the: differences in-
form the’ manner in ‘ which* we: review’ a

claim of actual i innocence of a capital sen-
tence.

[6] A claim, of actual i innocence must do
more than “call into question the reliability
of an adjudication of legal guilt,” Carrier,
477 U.S. at 495, 106 S.Ct. at 2649, or here,
the ata baty of the’ Jury's unposition of


816

837 F.2d 1294, 1295. (5th Cir.1988), cert. -
denied, 492 U.S. 925, 109 S.Ct. 3260, 106

L.Ed.2d, 605. (1989). ......

[2,3] If the petitioner raises a new
claim in a second or successive habeas peti-
tion, we may review that claim on the mer-
its only if the petitioner’s failure to raise
the claim in the prior petition was not due
to inexcusable neglect. See Moore v. But-
ler, 819 F.2d 517, 519 (5th Cir.), cert. de-
nied, 482 U.S. 920, 107 S.Ct. 3201, 96
L.Ed.2d 688 (1987) (quoting Jones v. Es-
telle, 722.F.2d.159, 163 (5th Cir.1983) (en
banc), cert. denied, 466 U.S. 97 6, 104 S.Ct.
2356, 80 L.Ed.2d 829 (1984)). The state
bears the burden of pleading abuse of the
writ. See id. Once the state has met its
burden of pleading, the petitioner must dis-
prove that he has abused the writ.by show-
ing cause for failure to bring the claim in
the first federal habeas petition, and actual
prejudice that results from. the errors that
gave rise to. the claim. © McCleskey, 111
S.Ct. at 1470. —

_ [4]. In order to demonstrate cause, the
petitioner must. show that the failure to
raise the claim in his first petition was due
to some: objective external factor such as
interference by officials. Jd. (quoting Mur-
ray v. Carrier, 477 U.S. 478, 488, 106 S.Ct.
2639, 2645, 91 L.Ed.2d 397 - (1986)).. The
court must. examine «“‘whether : petitioner
possessed, or by. reasonable means could
have obtained, a sufficient basis to allege a
claim in the first petition and pursue the
matter through the habeas. process.” Id.
— US. at —, 111 S.Ct. at 1472. “Omis-
sion of the claim will not be excused merely
because evidence discovered later might
also have supported‘ or strengthened the
claim.” Id. Prejudice requires a showing
of actual prejudice amounting to a denial of

6. Sanders v. United States, 373 U.S. 1, 83 S.Ct.
1068, 10 L.Ed.2d 148 (1963) drew the “ends. of
justice” limitation from the version of 28 U.S.C.
§ 2244 in effect at that time. Kuhlmann, 477
U.S. at 448, 106 S.Ct. at 2624. The current
version of the statute explicitly incorporates the
phrase into subsection (a), which deals with

federal prisoners, but not into subsection (b),

945 FEDERAL REPORTER, 2d SERIES

fundamental faimess. Carrier, 477,.U.S.
at. 494, 106.S.Ct.. at 2648.

~ [5] A court need not consider whether

there is actual prejudice to the petitioner

when he fails to show cause. McCleskey,

—__ US. at ——, 111 S.Ct. at 1474 (citing

Carrier, 477 U.S. at 494, 106 S.Ct. at 2648).

“If the petitioner cannot show cause, the
failure to raise the claim in an earlier peti-
tion may nonetheless be excused if he or
she can show that -a~fundamental. miscar-
riage of justice would result from a failure
to entertain the claim.” /d..— USS. at
—, 111 S.Ct. at 1470. A “fundamental
miscarriage” implies that the “constitution-
al violation has probably resulted in the
conviction of one who is actually innocent.”
Carrier, 477 U.S. at 496, 106 S.Ct. at 2649.
McCleskey harmonized the Kuhlmann
“eolorable showing of factual innocence”
requirement with the “actual innocence”
that a petitioner must show to avoid the
cause and prejudice requirement for abu-
sive claims.. Thus, a showing of actual
innocence triggers our authority to consid-
er the merits of abusive claims that fail the
cause and prejudice requirement as well as
successive claims.

B. The Actual Innocence Exception

The Supreme Court first considered actu-
al innocence as a limitation on hearing suc-
cessive federal habeas petitions in Kuhl-
mann, which sought to clarify this “ends
of justice” requirement implicit in 28 U.S.C.
§ 2244(b),° which restricts a federal court’s
authority to review the merits of a succes-
sive claim. In balancing a prisoner’s inter-
est in testing the constitutionality of his
confinement against the state’s interest in
the administration of its criminal statutes,
and particularly in the finality of its judicial
decisions, a four-Justice plurality deter-
mined that the ends of justice required
“federal courts. to entertain such petitions

which deals with state prisoners. See 28 U.S.C.
§ 2244(a){b) (1988). Nonetheless, Kuhlmann
holds that § 2244(b) continues to require an
“ends of justice” inquiry because of the limited
discretion it still affords to federal courts
presented with successive state claims. See 477
U.S. at 451, 106 S.Ct. at 2625.

a
ce 3
%

only where thé
- claim with a ¢€
- innocence.” — “
».. drew from Jud:
=~ on. federal habs
- Virginia, 443
_ L.Ed.2d 560 (1
- dard for assess
~ cence:

~ <°[TJhe prisone
> jty that, in |
~~ °ineluding th:
~ egally admit
any unreliab
“ably claimec
- excluded or
only after t
“have enterts

“to his guilt.

Kuhlmann, 4’
at 2627 n. 17 (

7, at. 160).
-3On- the. same
ed, the Supren
habeas cases
petitioner . ort
cause: for.his:.
dice resulting:
al error before
the-merits.of
time in a secor
tyoheld that a
would excuse
and prejudice
‘Carrier, ‘ ATT
2639, 2649, 91
Murray, 477
6

¢

2661,. 2667-68
Court. reason
‘case, where :
probably resu
who is actuall
ra procedu

"Smith spec

¢

ane F
_tion of this e>

. Henry J. F


cial

red
ans

ann

ited
irts
477

“LS SAWYER

cence:

‘ity that, in light of ‘all of the evidence,
including that alleged to have been il-
legally admitted (but with due regard to
any unreliability of it) ‘and evidence ten-

* ably claimed to: have been wrongfully

excluded or to have become available
only after trial, the trier of fact’ would
to his guilt.

at 2627 n. 17 (quoting Friendly, supra note
Be 7,at 160). 0 .

| On. the. same day Kuhimons, was, decid,

‘ | ed, the Supreme Court. also considered. two

» habeas. cases presenting abusive claims...~A.
= petitioner . ordinarily... must : demonstrate
» cause for his, abuse of the writ and preju-,.
» dice resulting.from the. alleged constitution-
; al error before a federal, court can address.
| the merits. of a‘ claim. brought ‘forthe first:
time in a second habeas petition. A majori.,
~ ty. held that a showing of actual innocence:

® ©@Would excuse a: petitioner ‘from the ‘cause:
: » and prejudice requirement. See Murray.v; ,
Pa Carrier, .477 U.S. 478, 495-96, 106_ S.Ct.
© 2639, 2649, 91 L.Ed.2d 397 (1986); Smith, v. .
| Murray, 477 US. 527, 537-88, 106 S.Ct.
| 2661, 2667-68, 91 L.Ed.2d 434. (1986). . The’
= Court reasoned that. “in. an extraordinary.
| case, where a constitutional violation has
@ probably resulted in the conviction of one
= whois actually innocent,” failure to consid-

_er’a procedurally. defaulted ‘Habeas’ claim

; would result in a “fundamental miscarriage '
=. of justice.” Carrier, 477 U.S. at 495-96,"

106 S.Ct. at 2649. |

3 Smith specifically considered the applica-
tion of this exception in the capital sentenc-

© 7. Henry J. Friendly, Is Innocence Irrelevant?

Collateral Attack on Criminal Judgments, 38

Vv. WHITLEY \' 4 #2»
Cite as 945 F.2d 812 (5th Cir. 1991)
only’ where ‘thé: prisoner supplements’ his?
claim with a ‘colorable showing of factual
innocence.” . The’. Kuhlmann. plurality
drew from Judge Friendly’s seminal article
on federal habeas review? and Jackson v,.:
Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61
L.Ed.2d 560 (1979), in articulating :a: stan-
dard for assessing factual, or actual, -inno-

[T]he prisoner must show a fair probabil-

. ‘have entertained a reasonable doubt as:

| Kuhlmann, 471 US. at 455 n. 17, 106 S.Ct.

ing- context... The. Smith Court acknowl-'
edged that “the concept of ‘actual,’ as dis-
tinct from ‘legal’: innocence does not trans-
late easily into:the context of an alleged
error at the sentencing ‘phase of:a‘tria] ona
capital offense.” 477 U.S: at 537, 106 S.Ct.
at 2668. Nonetheless,’ the Court decided
that Smith’s claim: did- not fall within the
actual innocence exception, because, as'the
alleged error neither introduced false facts
nor precluded the development of. true
ones, it did not present even “the risk of a

manifest miscarriage. of justice.” Jd. at
538, 106'S.Ct. at 2668.

In arriving at this conclusion, the Court
focused specifically on whether the alleg-
edly erroneous admission of the psychia-.
trist’s testimony undermined the accuracy
of the jury’s factual finding that Smith was
a continuing threat to society, 4 statutory
aggravating circumstance.”’The Court as-
sumed“ that the challenged‘ evidence had.
been improperly admitted, and that but for
its admission, the jury probably: would have
imposed: a’ life sentencé instead ‘of death: ®
Id.; ‘seé also’ Johnson v>: Singletary, 938
F.2d°1166, 1182 (11th ‘Cir.1991) ‘(en bane)
(observing that Smith Court. assumed that
Smith was “legally innocent”). In analyz-
ing Smith's claim; the Court asked “wheth-:
er in fact petitioner constituted a continu:
ing threat 'to society:”” Smith, 477 U.S. at?
588, 106 S.Ct: at 2668. ~The’ way that’ the |
Court’ framed this question ‘indicates ‘that’
an inquiry into'accuracy was relevant spe-
cifically because the ‘challen ged ‘finding of
fact, if incorrect,’ could have'led the jury to
err in finding Smith’ guilty’of ‘an aggravat-
ing circumstance under Virginia law.”
_The Court’s ultimate refusal. to consider.
Smith’s, claim on the merits also indicates
the. necessary.content of a showing of actu-.
al innocence of the death penalty. Virginia.
requires the jury. to find at least one aggra-
vating circumstance before it can’ recom-
mend a death sentence. See Briley v.
Bass, 584 F Supp. 807, 840'(E:D.Va.), aff,
742 F.2d 155 (4th Cir.), cert. denied, 469

U-Chi.L.Rey. 142: (1970)...


818 945 FEDERAL REPORTER, 2d. SERIES

U.S.;.898, 105. S.Ct. 270, : 83 L.Ed. od 206 tencing decision.” - Id. at 423, 109 S.Ct. at : judge virtuall
(1984)... If Smith had challenged both of the. 1223-24 (Stevens, J., dissenting). ei . e or’ guidance.

aggravating circumstances that the jury: This past term, the Court again recog- @ recognized’ th
found to recommend his: death sentence,, nized the actual innocence exception in trolling respe
the jury could have imposed a sentence of McCleskey, in the context of abusive ent from any
which Smith was actually innocent; because claims. McCleskey reiterated that a funda- Supreme Cou
the absence of both of the statutory aggra- mental miscarriage of justice is shown only | comply with
vating circumstances would have prevented in those’ “extraordinary instances. when a death sentence
the jury from imposing the death penalty constitutional violation probably has caused. | iiunetare, thad
as a matter of state law. -In dismissing the conviction of one innocent of. the cumstances: t
Smith’s claim, the Court seems to have- crime.” — US. at —, 111 S.Ct. at 1470 posed. Eg

implied that a claim that challenged. only (citing Carrier). After observing that the 153. 96 S.Ct
one aggravating circumstance was “an-. fundamental miscarriage of justice excep- Proffi tt is FI
related to [actual] innocence,” and thus tion “gives meaningful content to the oth- 2960. 49 L Ed
failed to present the risk of a fundamental erwise -unexplained ‘ends of justice’ in- nee 428 y S 9
miscarriage of justice. See 477 US. at 539, quiry” mandated by Sanders,* the Court 909 nag
106 S.Ct. at 2669; accord Johnson, 938 embraced the. Kuhlmann plurality’s ‘‘fac- - ay (1976);
F.2d at 1182 (en banc). ones tual innocence” inquiry as the primary ase) S...280,

source of this content. See id..— U.S. at
In cases following Sab tl, the Supreme , 111 S.Ct. at 1471. Many state

Court has continued to adhere to. the view
that actual. innocence requires more. than. ‘although this circuit has. addressed complied with
showing a. constitutional error, even one claims involving the actual innocence ex- the Eighth A
that results. in. the admission of false. or ception in the sentencing context before, : utes. that set.
misleading facts, and even if the verdict. or We have not yet endeavored to’ define it cumstances, 2
sentence would have been different absent precisely.” In Cuevas v. Collins, 932 F.2d found before:
the error.. In Dugger.v. Adams, 489. US. 1078 (5th Cir.1991), we held: that: the peti- » pose ‘the ‘deat
401, 109 S. Ct. 1211, 103 L.Ed.2d 435 (1989),. tioner did not come within the exception, ‘ognized in I
the Court implied that a petitioner does not , and merely observed that his claim did not “US: 430," 101
show actual innocence by: raising a claim. present “sufficient risk. of -an erroneous (1981), with 1
that. affects: the fundamental fairness or. sentence as to implicate actual innocence.” = penalty statu
the accuracy of a proceeding _ even if it. Id. at 1083. We addressed the issue in two ing procedure
presents a likelihood that the error actually "other cases, but found again that the weak Ei issue of guilt
factual support for those claims: ‘did not

influenced the: sentence’ imposed. The
Court observed that while “the. trial judge compel a considered apetyes, of be excep-

in this case found an equal number of
aggravating and mitigating circum-
stances,” this fact was insufficient to show.
that an error, in sentencing instructions
caused a fundamental miscarriage of jus-

tly’ requires
| : the prosecuti
tion.!° - s ati 446, 101 ie
At ‘this juncture,. we believe ‘that, it is ‘6riginal):*:
helpful to set forth a standard for assess- i “tween a ia
ing whether successive and, abusive claims eo sapital sente
qualify for this rare exception. We extract : eld that: the
ice. Id. at 412 n. 6, 109 S.Ct. at 1217-18 n, __ the standard from Supreme Court case law, Double Jeo
6. In the same discussion, the majority examine the rationale supporting it, and bs by. a ju om
criticized as overbroad Justice Stevens’ dis-. @PPly it to this case. aa = one. me has
senting view that a fundamental miscar- One. can fairly view ‘with. nieeticemn the q ted of a deat
riage of justice occurs whenever “there is a proposition that a convicted defendant can . e.Court’s ¥
substantial claim that a constitutional viola- be actually innocent of a sentence which is . = er Smith’s cl:
tion undermined the accuracy of the sen- normally left to the discretion of _the — ent of his ¢
8. 373 U.S. 1, 15-17, 83 S.Ct. 1068, 1077-78, 10 10. See Jones v. Whitley, 938 F.2d 536 (sth Cir. the distinctio:
L.Ed.2d 148 (1963). 1991); Bird v. Collins, 934 F.2d ey (Sth Cir. es ington betwe«

1991
) ; . Benvenees,; ar

9. We have considered the application of the
Istitoe

exception in the guilt-innocence phase. See,
e.g., United States v. Shaid, 937 F. 2d 228, 232-36

(Sth Cir.1991) (en banc).

U.S. SUPREME COURT REPORTS

moval of this statutory language
from 28 USC § 2244(b) [28 USCS
§ 2244(b)] in 1966, the miscarriage of
justice exception would allow succes-
sive claims to be heard if the peti-
tioner “‘establish[es] that under the
probative evidence he has a colora-
ble claim of factual innocence.”
Kuhlmann, 477 US, at 454, 91 L Ed
2d 364, 106 S Ct 2616.5 In the second
of these cases we held that the ac-
tual innocence exception also applies
to procedurally defaulted claims.
Murray v Carrier, supra.®

In Smith v Murray, 477 US 527,
91 L Ed 2d 434, 106 S Ct 2661 (1986),
we found no miscarriage of justice in
the failure to examine the merits of
procedurally defaulted claims in the
capital sentencing context. We em-
phasized that the miscarriage of jus-
tice exception is concerned with ac-
tual as compared to legal innocence,
and acknowledged that actual inno-
cence “does not translate easily into
the context of an alleged error at
the sentencing phase of a trial on a
capital offense.” Id., at 537, 91 L Ed
2d 434, 106 S Ct 2661. We decided
that the habeas petitioner in that
case had failed to show actual inno-
cence of the death penalty because
the “alleged constitutional error nei-
ther precluded the development of
true facts nor resulted in the admis-
sion of false ones.” Id., at 538, 91 L
Ed 2d 434, 106 S Ct 2661.

120 L Ed 2d

In subsequent cases, we have em-
phasized the narrow scope of the
fundamental miscarriage of justice
exception. In Dugger v Adams, 489
US 401, 103 L Ed 2d 435, 109 S Ct
1211 (1989), we rejected the petition-
er’s claim that his procedural de-
fault should be excused because he
had shown that he was actually in-
nocent. Without endeavoring to
define what it meant to be actually
innocent of the death penalty, we
stated that “[djemonstrating that an
error is by its nature the kind of
error that might have affected the
accuracy of a death sentence is far
from demonstrating that an individ-
ual defendant probably is ‘actually
innocent’ of the sentence he or she
received.” Id., at 412, n 6, 103 L Ed
2d 435, 109 S Ct 1211. Just last
Term in McCleskey v Zant, supra, at
——, 113 L Ed 2d 517, 111 S Ct
1454, we held that the “narrow ex-
ception” for miscarriage of justice

was of no avail to the petitioner

because the constitutional violation,
if it occurred, “resulted in the ad-
mission at trial of truthful inculpa-
tory evidence which did not affect
the reliability of the guilt determina-
tion.”

The present case requires us to
further amplify the meaning of “‘ac-
tual innocence” in the setting of
capital punishment. A prototypical
example of “actual innocence” in a
colloquial sense is the case where

5. Our standard for determining actual in-
nocence was articulated in Kuhlmann as:
“(T]he prisoner must ‘show a fair probability
that, in light of all the evidence, including
that alleged to have been illegally admitted
(but with due regard to any unreliability of it)
and evidence tenably claimed to have been
wrongly excluded or to have become available
only after the trial, the trier of the facts
would have entertained a reasonable doubt of
his guilt.’” 477 US, at 455, n 17, 91 L Ed 2d
364, 106 S Ct 2616, quoting Friendly, Is Inno-

280

cence Irrelevant? Collateral Attack on Crimi-
nal Judgments, 38 U Chi L Rev 142, 160
(1970).

6. We stated that the merits of a defaulted
claim could be reached “in an extraordinary
case, where a constitutional violation has
probably resulted in the conviction of one who
is actually innocent... .” Murray v Carrier,
477 US 478, 496, 91 L Ed 2d 397, 106 S Ct
2639 (1986).

one

U.S. SUPREME COURT REPORTS

gible for the death penalty under
the applicable state law.

In 1979—13 years ago—petitioner
and his accomplice, Charles Lane,
brutally murdered Frances Arwood
who was a guest in the home peti-
tioner shared with his girlfriend,
Cynthia Shano, and Shano’s two
young children. As we recounted in
our earlier review of this case, Saw-
yer v Smith, 497 US ——,, 111 L Ed
2d 193, 110 S Ct 2822 (1990), peti-
tioner and Lane returned to petition-
er’s home after a night of drinking,
and argued with Arwood, accusing
her of drugging one of the children.
Petitioner and Lane then attacked
Arwood, beat her with their fists,
kicked her repeatedly, submerged
her in the bathtub, and poured
scalding water on her before drag-
ging her back into the living room,
pouring lighter fluid on her body
and igniting it. Arwood lost con-
sciousness sometime during the at-
tack and remained in a coma until
she died of her injuries approxi-
mately two months later. Shano and
her children were in the home dur-
ing the attack, and Shano testified
that petitioner prevented them from
leaving.!

At trial, the jury failed to credit
petitioner’s “toxic psychosis” de-
fense, and convicted petitioner of
first-degree murder. At the sentenc-
ing phase, petitioner testified that he
was intoxicated at the time of the

120 L Ed 2d

murder and remembered only bits
and pieces of the events. Petitioner’s
sister, Glenda White, testified about
petitioner’s deprived childhood, his
affection and care for her children,
and that as a teenager petitioner
had been confined to a mental hospi-
tal for “no reason” where he had
undergone shock therapy. 2 App
505-516. The jury found three statu-
tory aggravating factors, no statu-
tory mitigating factors and sen-
tenced petitioner to death.?

Sawyer’s conviction and sentence
were affirmed on appeal by the Loui-
siana Supreme Court. State v Saw-
yer, 422 So 2d 95 (1982). We granted
certiorari, and vacated and_ re-
manded with instructions to recon-
sider in light of Zant v Stephens, 462
US 862, 77 L Ed 2d 235, 103 S Ct
2733 (1983). Sawyer v Louisiana, 463
US 1223, 77 L Ed 2d 1407, 103 S Ct
3567 (1983). On remand, the Louisi-
ana Supreme Court reaffirmed the
sentence. Sawyer v State, 442 So 2d
1136 (1983), cert denied, 466 US 931,
80 L Ed 2d 191, 104 S Ct 1719 (1984).
Petitioner’s first petition for state
postconviction relief was denied.
Louisiana ex rel. Sawyer v Maggio,
479 So 2d 360, reconsideration de-
nied, 480 So 2d 313 (La 1985).* In
1986, Sawyer filed his first federal
habeas petition, raising 18 claims,
all of which were denied on the
merits. See Sawyer v Butler, 848
F2d 582 (CA5 1988), aff'd on rehear-

1. The facts are more fully recounted in the
opinion of the Louisiana Supreme Court
affirming petitioner’s conviction and sentence.
State v Sawyer, 422 So 2d 95, 97-98 (1982).

2. The jury found the following statutory
aggravating factors: “(1) that [Sawyer] was
engaged in the commission of aggravated ar-
son, (2) that the offense was committed in an
especially cruel, atrocious and heinous man-
ner, and (3) that [Sawyer] had previously been

278

convicted of an unrelated murder.” Id., at
100. The Louisiana Supreme Court held that
the last aggravating circumstance was not
supported by the evidence. Id., at 101.

8. The Louisiana Supreme Court twice re-
manded to the trial court for hearings on
petitioner’s ineffective assistance of counsel
claim. Louisiana ex rel. Sawyer v Maggio, 450
So 2d 355 (1984); Louisiana ex rel. Sawyer v
Maggio, 468 So 2d 554 (1985).

4

SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

ing en banc, 881 F2d 1273 (CA5
1989). We again granted certiorari
and affirmed the Court of Appeals’
denial of relief. Sawyer v Smith,
supra.‘ Petitioner next filed a second
motion for state postconviction re-
lief. The state trial court summarily
denied this petition as repetitive and
without merit, and the Louisiana
Supreme Court denied discretionary
review. See 945 F2d, at 815.

The present petition before this
Court arises out of Sawyer’s second
petition for federal habeas relief.
After granting a stay and holding an
evidentiary hearing, the District
Court denied one of Sawyer’s claims
on the merits, and held that the
others were barred as either abusive
or successive. 772 F Supp 297 (ED
La 1991). The Court of Appeals
granted a certificate of probable
cause on the issue of whether peti-
tioner had shown that he is actually
“innocent of the death penalty” such
that a court should reach the merits
of the claims contained in this suc-
cessive petition. 945 F2d, at 814. The
Court of Appeals held that the peti-
tioner had failed to show that he
“was actually innocent of the death
penalty because the evidence he ar-
gued had been unconstitutionally
kept from the jury failed to show
that Sawyer was ineligible for the
death penalty under Louisiana law.
For the third time we granted Saw-
yer’s petition for certiorari, 502 US
—, 116 L Ed 2d 453, 112 S Ct 434
(1991), and we now affirm.

[3a] Unless a habeas petitioner
shows cause and prejudice, see
Wainwright v Sykes, 433 US 72, 53
L Ed 2d 594, 97 S Ct 2497 (1977), a

court may not reach the merits of:
(a) successive claims which raise
grounds identical to grounds heard
and decided on the merits in a previ-
ous petition, Kuhlmann v Wilson,
477 US 436, 91 L Ed 2d 364, 106 S
Ct 2616 (1986); (b) new claims, not
previously raised which constitute
an abuse of the writ, McCleskey v
Zant, 499 US ——, 113 L Ed 2d 517,
111 S Ct 1454 (1991); or (c) procedur-
ally defaulted claims in which the
petitioner failed to follow applicable
state procedural rules in raising the
claims. Murray v Carrier, 477 US
478, 91 L Ed 2d 397, 106 S Ct 2639
(1986). These cases are premised on
our concerns for the finality of state
judgments of conviction, and the
“significant costs of federal habeas
review.” McCleskey, supra, at ——,
113 L Ed 2d 517, 111 S Ct 1454; see,
e.g., Engle v Isaac, 456 US 107, 126-
128, 71 L Ed 2d 783, 102 S Ct 1558
(1982).

We have previously held that even
if a state prisoner cannot meet the
cause and prejudice standard a fed-
eral court may hear the merits of
the successive claims if the failure to
hear the claims would constitute a
“miscarriage of justice.” In a trio of
1986 decisions, we elaborated on the
miscarriage of justice, or “actual in-
nocence,” exception. As we _ ex-
plained in Kuhlmann v Wilson, su-
pra, the exception developed from
the language of the federal habeas
statute which, prior to 1966, allowed
successive claims to be denied with-
out a hearing if the judge were
“satisfied that the ends of justice
will not be served by such inquiry.”
Id., at 448, 91 L Ed 2d 364, 106 S Ct
2616. We held that despite the re-

4. In this earlier review, we.held that Cald-
well v Mississippi, 472 US 320, 86 L Ed 2d
231, 105 S Ct 2633 (1985), could not be applied

retroactively to petitioner's case under
Teague v Lane, 489 US 288, 103 L Ed 2d 334,
109 S Ct 1060 (1989).

279


SAWYER v WHITLEY
(1992) 120 L Ed 2d 269

the State has convicted the wrong
person of the crime. Such claims are
of course regularly made on motions
for new trial after conviction in both
state and federal courts, and quite
regularly denied because the evi-
dence adduced in support of them
fails to meet the rigorous standards
for granting such motions. But in
rare instances it may turn out later,
for example, that another person
has credibly confessed to the crime,
and it is evident that the law has
made a mistake. In the context of a
noncapital case, the concept of “‘ac-
tual innocence” is easy to grasp.

[3b, 4a] It is more difficult to de-
velop an analogous framework when
dealing with a defendant who has
been sentenced to death. The phrase
“innocent of death” is not a natural
usage of those words, but we must
strive to construct an analog to the
simpler situation represented by the
case of a noncapital defendant. In
defining this analog, we bear in
mind that the exception for “actual
innocence” is a very narrow excep-
tion, and that to make it workable it
must be subject to determination by
relatively objective standards. In the
every day context of capital penalty
proceedings, a federal district judge

typically will be presented with a
successive or abusive habeas petition
a few days before, or even on the
day of, a scheduled execution, and
will have only a limited time to
determine whether a petitioner has
shown that his case falls within the
“actual innocence” exception if such
a claim is made.’

Since our decision in Furman v
Georgia, 408 US 238, 33 L Ed 2d
346, 92 S Ct 2726 (1972), our Eighth
Amendment jurisprudence has re-
quired those States imposing capital
punishment to adopt procedural
safeguards protecting against arbi-
trary and capricious impositions of
the death sentence. See, e.g., Gregg v
Georgia, 428 US 153, 49 L Ed 2d
859, 96 S Ct 2909 (1976); Proffitt v
Florida, 428 US 242, 49 L Ed 2d 913,
96 S Ct 2960 (1976); Jurek v Texas,
428 US 262, 49 L Ed 2d 929, 96 S Ct
2950 (1976). In response, the States
have adopted various narrowing fac-
tors which limit the class of
offenders upon which the sentencer
is authorized to impose the death
penalty. For example, the Louisiana
statute under which petitioner was
convicted defines first-degree mur-
der, a capital offense, as something
more than intentional killing.’ In

7. [4b] While we recognize this as a fact on
the basis of our own experience with applica-
tions for stays of execution in capital cases,
we regard it as a regrettable fact. We of
course do not in the least condone, but in-
stead condemn, any efforts on the part of
habeas petitioners to delay their filings until
the last minute with a view to obtaining a
stay because the district court will lack time
to give them the necessary consideration be-
fore the scheduled execution. A court may
resolve against such a petitioner doubts and
uncertainties as to the sufficiency of his sub-
mission. See Gomez v United States District
Court, 503 US ——, 118 L Ed 2d 293, 112 S Ct
1652 (1992) (per curiam).

8. La Rev Stat Ann § 14:30 (West 1986 and

Supp 1992) defines first degree murder:

“First degree murder is the killing of a hu-

man being:
(1) When the offender has specific intent
to kill or to inflict great bodily harm and
is engaged in the perpetration or at-
tempted perpetration of aggravated kid-
napping, second degree kidnapping, ag-
gravated escape, aggravated arson, aggra-
vated rape, forcible rape, aggravated bur-
glary, armed robbery, first degree robbery
or simple robbery;
*(2) When the offender has a specific
intent to kill or to inflict great bodily
harm upon a fireman or peace officer
engaged in the performance of his lawful
duties;

281

- disappointment to you.”’

~ **I?m certain you won’t,”’ ar"
replied. ‘‘When are we going to get
married? Could we be married at
once?’’

He hadn’t thought of carting,

married so soon. He had foreseen a
week or so of preparation, of getting

better acquainted, and of planning.

their new home. But since Mrs. Burch
seemed in a hurry to become his wife,
.why should he object? She certainly
deserved every consideration, he
thought, for she was young enough
and pretty enough to have done much
better. ©. x! ;

‘‘Are you sure you want to meer
me, now that you’ve seen me?’’ he

asked. He didn’t want her to rush into _

the thing blindly.

**I have made up my mind,”’ she
replied. ‘‘The quicker we get it over
with the better. I am anxious to be-
come Mrs. Benet.”’

On the way uptown they stopped
and got the license. An hour later they
were married by the Reverend E.A.
Clay, pastor of the Dryades German
Methodist*Church.

A wedding party at Antoine’s, where
Benet had once worked as a waiter,
’ topped off the evening. It was attended
by some well-known New Orleans
citizens, including Walter C. Flower,
‘who was later to become mayor;
District Attorney Lionel Adams, Mr.
and Mrs. Edgar Farrar and several
others. |
. After the informal celebration,

Benet suggested to his bride that they
leave on the next boat to Cuba, on an

extended honeymoon trip, but she

vetoed it. ‘‘It would cost too much,”’
she objected, half aghast. ‘‘Besides, I
didn’t marry you to travel; I want to
settle down and become your wife.’’

Later he proudly told her of his own
deception. — that he really had more
money that he had let on, and that he
could well afford a dozen hoheymoon
trips.

‘*Really?’’ she ts) “Why, you old
fibber, you! But I guess that makes us
even. I fooled you about my age and
you fooled me about your money.”’

But in spite of all his coaxing she
wouldn’t consent to a honeymoon trip.
Later she thought, she might like one.
Right now she was more interested in
arranging their new home. _:

All of which pleased Benet. That
was the kind of wife he had wanted,

_one who would think of his s happiness
as well as her own.

After Mrs. Benet had seen the home
he had purchased she was delighted,

16 |

but she didn’ t want to fix it up as he
had planned. She liked it because it
was old; to renovate it would spoil its

lines, and if anything displeased her,
she said, it was an old house that had

been spoiled by modern carpenters.
‘No, sir, honey, we won’t touch it.
It’s the very kind of a house : have
always wanted.’’

So to please her he moved i in, and a
Royal Street furniture house filled it

with antique furnishings. Mrs. Benet

was not too pleased with the idea of
buying antique furniture, which was
high-priced; she had suggested some-
thing less expensive, but her husband
thought the old furniture would pat, in
keeping with the house.

Benet was extremely happy, ‘a his

bride seemed to be everything that he
could want in a wife. For a mail-order

bride he had certainly done very well,
he concluded. Even his friends were

- astonished. One of the first questions

they asked, usually, was ‘‘Where and

_ how did you happen to meet her?”’

He avoided telling them he had got
acquainted with her through the
Lonely Hearts Club. His stock reply

was that he had met her during one of

his frequent trips up the river to St.
Louis and Clara would always smile
and corroborate her husband’s
statement with a nod of her head.

. Benet’s mail was still coming to the
little house where he had lived so long.
In the excitement of becoming a
bridegroom he had forgotten to have
his address changed.

One morning when he dropped by
his former residence he found a letter
there, addressed to Mrs. Bunch, in his

. Care, and took it to her at once.

“fA letter for you, dear, i ’ he said,
handing it over.

‘fA letter?’’ The trace of ¢ a "reer
appeared on her forehead. She took it
and stepped over to the window to
open and read it. She read it through
twice before she announced that it was
from her sister, Mrs. Augustine Finch,
of St. Louis. ‘‘Here, you might like to
read it,’’ she said, handing it back to
him.

Benet took it, noticing that the name
and address of Mrs. Finch were on the
back of the envelope.

Mrs. Finch had heard nothing ete
her sister and was curious to know if
she had been married yet. The letter

ended with a final paragraph that was

short and to the point:

“If Mr. Benet had a lot of money,
I’d say go ahead and marry him. But
if he hasn’t, why should you throw
your life away on him? Anyway, let

me know how you come out?”?
Benet smiled as he looked up at his

-wife. ‘‘Well,’’ he said, ‘‘you can tell
her now, can’t you? I’m glad you

didn’t know I had a lot of money.”’
“Pll write her tonight, ”? Mrs. Benet
promised.
The newlyweds had a few friends i in

' every night, and life had changed ig

indeed for the aging fruit merchant.
Instead of spending his time at the
club, or just walking the streets for
lack of anything better to do, he now
had a home of his own and a wife,
and he enjoyed the change. He was
sorry he hadn’t taken the step years
before. The old routine of his life,
which he had liked for so many years,

now seemed drab and miserable com- |

pared to his present state.

It wasn’t until toward the end of
their second week of marriage that his
bride talked of money. She thought it
would be nice if she had some money
of her own to spend occasionally, since
her husband had plenty of it.

“Why, certainly,” Benet said. “All
you have to do is to ask me for
whatever you want mee you can have
it. 99 :

‘*But that’s so inconvenient, ese Mrs.
Benet protested. ‘‘I can’t always find
you when I want money. Why don’t
you let me draw checks on your bank

account when I need anything. Every .

other wife whose husband is as rich as
you are does that. Am I any diffe-
rent?’’

He was only too willing to please
her, so that afternoon they went to the
bank and Benet arranged to have his
wife’s signature added to his personal
checking account, which would permit
her to draw any amount she might
want.

Before leaving the bank, he had
another bright thought; he went to the
savings window and arranged for his
wife to draw on his savings account
when and if it became necessary. ‘‘Just
in case,”’ he said to the cashier, John
Semmes. “If anything should happen
to me, my wife will have ready access
to my money.’’ There were some
securities on deposit there, too, but he
didn’t do anything about them. There
would be time enough for that later.

- Mrs. Benet was exceedingly happy
as they strolled home later. They had
just employed a charming woman to
cook for them and at dinner that night
the cook spoke of the canary. She had

found that the bird hadn’ t been fed.

for several days.

“Oh, of all things!’? Mrs. Benet
gasped. ‘*To think I would neglect little

x

i


7 Sy = > ; =
a -

Dickie. Poor little fellow.”’

Benet wondered a little. His wife had
written him during their courting days
about her affection for the bird, and

had insisted on bringing it to New

Orleans with her. He thought it a little

strange that she had forgotten to feed —

it. But with the excitement of the
moving into a new home, and discov-
ering that she had a rich husband, he
could see where she might have
forgotten all about the canary.

Another thing he noticed was that
she hadn’t taken her things out of the
trunks. Instead of wearing her old
clothes, she had bought brand-new
ones, which of course was a \ bride’ S
privilege.

Over a week had passed since Mis.
Benet had written to her sister, so
Benet was somewhat surprised to find
a letter from Mrs. Finch addressed to
him personally. He still hadn’t changed
his mailing address and the letter was
waiting for him when he called that
morning at his former residence. He
wondered ‘why Mrs. Finch had written
directly to him. Surely his wife’s letter

- had reached St. Louis in time to have

been answered by now.

He tore the envelope open and for
a moment stared at the brief r note it
contained. It read:

Dear Mr. Benet: Iam writing to you
for an explanation for a letter I
received today supposedly from my
sister. Although the letter was signed
with my sister’s first name, it was not
written by Clara. It was in another
woman’s handwriting. Besides, it
didn’t sound like my sister.

_ Will you please tell by return mail
who did write that letter? If I don’t
hear from you at once I shall have to

take the matter up with the police.

Benet felt the world sliding out from

under him. He didn’t know what to.

make of Mrs. Finch’s abrupt state-
ments but something warned him that
all was not going well.

He hurried home as fast as he could -

get there. Mrs. Benet had gone out that
morning saying she would be back in
an hour, but she hadn’t returned yet,
he was told. |

_ As he stood in the room swaying
slightly on his feet like a man half
tipsy, he noticed that one of his wife’s
trunks had been opened. There was a
blaze in the fireplace, and a distinct
odor in the room of burning cloth.

He went over to the fireplace and

~ poked at the embers. Part of a burned

photograph fell to the hearth and he
quickly seized it before it was comple-
tely destroyed. It was a mate to the

photograph his wife had sent him
— the one she said was of her aunt
— but on the back, in the lower right-

hand corner, which was still intact, -

there had been written an inscription:
“To Mother from Clara.”’

‘ He stared at the four words as if he.

were in a trance. He couldn’t believe

’ what they conveyed to .him. The

photograph apparently had been gi-

_ven by Clara to his mother, and _
therefore the picture was of Clara and

Clara Burch was engaged to
Benet but he was met at the
boat by a pretty blonde.

not of some aunt, as she had claimed.

But that wasn’t Clara — not his
Clara. Not the woman he had married.
It was no doubt the picture of the
women he had expected to marry — .
What was he thinking, anyway? No,
it couldn’t be that Clara had tricked
him — not like that.

Suddenly he was pulling things out
of the trunk — dresses, underclothing
and odds and ends of feminine wearing
apparel. He held some of the dresses
up and looked at them. They were
much too big for Clara. And too long.
Why, Clara —

He thought of the arrangerieats he

had made at the bank, and how eager
Clara had been to have her name on
the checking account.

Suddenly he dashed out of the door
and ran toward the bank.

He was all out of breath when he

reached the bank and had to rest a

while before he could talk.

“‘Why, what is it, Mr. Benet?’”’ the
cashier was saying ‘‘You dre all
winded.’’

.““My — my wife,’’ Benet said at.
last. ‘“Has she been here?”

“Yes, about an an hour ago. She

- withdrew quite a sum of money.” .

Benet felt his legs giving way and
clutched at the counter. The cashier

~ and a clerk who ran out from behind

the cage carried him into the presi-
dent’s office and placed him on a sofa.

‘‘Now, just be quiet, Mr. Benet,”
the cashier said. ‘‘I’ll ascertain the
amount for you in just a moment.’

He hurried away toward the bookkee-
pers.

When the cashies came back his face
was grave. ‘‘Your wife withdrew
everything but fifty dollars from your
checking account,’ he announced
tonelessly. ‘‘She also withdrew $25,000
from your savings. It amounts in all
to $43,000. Medea t you know about
it?’’

Benet was too aa to reply. In fact,
he was so ill that a doctor had to be
summoned.

After he had been revived, the police
were called in and a report was made.

‘*1’m sorry, but there isn’t much we
can do for you,’’ one of the officers
said. ‘‘Your wife had a perfect right
to withdraw the money. You od a
it yourself.”’

Benet stared at the officers. ‘‘It isn’t
that so much,’’ he said, and then he
told exactly what had happened, how
he had started writing to Mrs. Burch
through the Lonely Hearts Club and
how she had surprised him by turning
out to be a much younger Mrs. Finch,

~ and of its ominous implications.

The officers shook their heads. ‘‘It
looks as though somebody has been
playing a trick,’’ one of them re-
marked. ‘‘But until there is a definite
charge, there is nothing we can do. If
you wish to place a charge of some
kind against your wife then we'll look
for her.’ ;

Benet was too dazed to know exactly
what: he wanted to do. He said he
would think things over. <>

He went back to the house, which
suddenly seemed very smpty and

(continued on page 51)
ae 3

cage and all. It is the only thing in this
world that I hold dear, and [| can’t

seem to make up my mind to abandon’
oY Pia hope you will approve of my

keeping it.’

He laughed at that. Of course > he
would approve. Although he had never
owned one, he had always like
canaries. They were such cheerful little

creatures.

The long, winding trip down the
river required the better part of four
days, so after Benet had looked up
schedules and decided that his wife-to-
be was then en route, on the City of
New Orleans, he found that he still had
two whole days to wait for her.

He. was practically walking on air
when the City of New Orleans nosed
her way into the pier and tied up. With
Mrs. Burch’s photo in his hand he
stood at the gangplank scanning every
feminine face that appeared.

He was watching for a woman
carrying a birdcage, and finally one
came along. But she was much too
young to be Mrs. Burch. She didn’t
look to be over twenty-four or -five at
most, and she was a blonde to boot.

_ He turned his eyes back to the boat.

But no more women passengers came —

ashore. All those who got off were
men. He was about to go over and talk
to the. purser when someone tapped

him on the arm. He turned to stare

into the face of the young lady carrying
the birdcage. ‘‘I’m Mrs. Burch,”’ she
said, and. smiled. ‘‘Are you Mr.
Benet?”

-Benet’s astonishment was eoieching
to behold — like that of a boy discov-
ering that he has received for his birth-
day a pony instead of the whistle he
had been ‘promised.

The steamer City of New Or-
leans where Detective George
Downs pine up killer's s trail.

“But — but—’’ Words failed him.

The yound lady laughed. ‘‘I know
— you expected to see a much older
woman, didn’t you? But I fooled you.
I’m not as old as I let on. I’m only
twenty-six”’

‘**But this photograph you sent — ”’ .

Again she laughed: ‘‘Oh, that. |
knew it would fool you. That’s a
picture of my Aunt Mary. But you see

I’ve brought my canary, just asI said °

I would. My things are in those trunks
over there.’

Benet didn’t feel that he had been
cheated, for Mrs. Burch was much
younger than she had represented
herself to be, and prettier, yet he did
feel slightly resentful of the fact that
she had fooled him. .

However, as they got into the cab
for the ride uptown, his hurt feelings
were Salved over by what she said. ‘‘l

didn’t want you to think you were —

getting a bargain. | figured that if I
said I was older than I really am, you
would not be expecting quite so much.
Now tell me, is the revelation pleas-

~ ing?”’

He looked at her and smiled.
‘*Very,’’ he said. ‘‘I feel that I am
fortunate to get such a beautiful and
young wife. | hope | will not prove a

‘(continued on next page)

‘1 hope:l won’t prove a
disappointment to you,’
the old man told his
young and beautiful
fiance. ‘?m certain you
won't,’ she replied — and
he soon found out why.


CO ee eT ee

i
i
‘q
4
‘i

Mystery Of The Starving Canary

“(continued from page 17)

lifeless. Having a young wife about
had made him feel younger, but now
he felt very old and worn out.

The loss of the money wouldn’t hurt
him much, as he still had securities

- — more than enough to see him

through life, even if he lived alittle
recklessly. The thing that hurt him
most was that he had been so cruelly
tricked.

He decided that the first thing todo
was to go to St. Louis and see Mrs.
Finch. Until he had talked with her he
would not know in just what direction
to move.

It so happened that the City of
Baton Rouge was leaving that very
afternoon for St.Louis and way points,
and when the little river steamer pulled
out, Benet was aboard. The very fact
that his wife had drawn all the money
she could out of his bank accounts,
without any explanation, convinced
him that he had been tricked. He
hadn’t even waited for her to show up,
having taken for granted that she had
skipped out. He had arranged,
however, with a private detective
agency to trail her, and to take her into
custody in the event they caught up
with her. He himself had assumed the
responsibility of having her held,
saying he would pay any damages she
might be able to obtain through the
courts.

In St. Louis Mrs. Finch received him
suspiciously, and it wasn’t until he had
told her the full and complete story
that fear for her sister’s safety crept
into the woman’s voice. ‘‘Clara has
been done away with,”’’ she said. ‘‘I
just feel it in my bones. I am certain
that the woman you married killed her,
or had something to do with it. She
took Clara’s place so she could trick
you. Clara was forty and looked it.
The woman you married wasn’t my
sister.”*:

‘But I don’ t see how that could have
happened,’’ Benet said. ‘‘Your sister
had no idea that I was wealthy, did
she?’’:

**No, she took for granted what you
had said in your letters. She thought
you were just a retired businessman,
with perhaps a little income sufficient
to take care of you.”’

‘*Then how would Clara — I mean
how would the woman I married have
known? How could she have known |
had any money? Certainly she didn’t
do away with your sister just so that

she could marry me, unless she A
good reason to. She was young enough
to have married any man she want-
ed. >

Mrs. Finch shook her head. “ don’t
know how she could have known, but
she must have planned it well. I’m
afraid Clara is at the bottom of the
‘river somewhere. I am sure if she were
alive I would have heard from her by
now.’

Benet had brought along a suitcase
full of clothing taken from one of the
trunks, and Mrs. Finch immediately
identified the garments as having
belonged to her sister.

Benet promised to do everything he 5

could to solve the mystery, and went
immediately to the most efficient
detective agency in St. Louis, where
he told his story completely. He had
obtained another photograph of Mrs.
Clara Burch which he turned over to
the agency.

. Detective George Downs was as-
signed to the case and the following
day they boarded the City of New
Orleans for its down-river trip. This was
the boat Mrs. Burch was supposed to
have taken and from which the woman
who had become Mrs. Benet had
landed, carrying Mrs. Burch’s canary.

 *We’ll pretend that we don’t know
each other,’’ Downs said. ‘‘If you meet
me, on deck, don’t let on that you ever
saw me before. If I want to talk with
you I'll come to your stateroom.”’

The detective also advised Benet to
remain in his stateroom as much as
possible. To Down’s analytical mind
the whole thing suggested a conspiracy
between two or more persons, and he
believed that those persons had known
of Benet’s wealth, or else they would
never have resorted to that sort of
trick, and possibly murder to boot.
Whether the time had been planned
ahead of time, or had been hatched

.on the spur of the moment, possibly

on the boat, he did not know. That
was one thing he hoped to find out
during the trip down to New Orleans.

He had ascertained the number of
passengers leaving St. Louis on the trip
that had carried Mrs. Burch southward
to what she had hoped would be a
grand adventure. But it was virtually
impossible, the detective discovered,
to check this number against the
number disembarking at New Orleans,
for the little steamer made several stops
of the way, both discharging and

taking on passengers. No accurate
check was kept by the pursuer, al-
though it would be possible, through
- tabulating the tickets, to tell how many
had been on board when the boat
reached its destination. This was not
important, however, for it would prove
nothing. Mrs. Burch had landed at
New Orleans or elsewhere, since the
passengers were not listed by name.

Downs represented himself to the
crew to be an insurance man checking
up on Mrs. Burch. He talked with
everyone on board, from the captain
down to the deck hands, but none of
them knew Mrs. Burch personally.
Several recognized her photo as that
of a recent passenger, but they couldn’t
be sure about the date she had been
aboard. ‘

She had left St. Louis on St.
Patrick’s Day, so the detective was able
to refresh the minds of some of the
crewmen. A cabin boy recalled now
that the woman in the photo had spent
much of her time the first day convers-
ing with a younger woman, a blonde,
who had been travelling with two men.

The two men had gambled, losing
quite a bit of money, he recalled. One
of them had threatened the profes-
sional gambler who had been a
passenger on that trip, man named Joe
McClosky, who was a frequent traveler
on the City of New Orleans. River-boat
gamblers rode every boat in those.days,
and in fact no steamer captain felt
secure unless he had a gambler aboard,
for it was supposed to be unlucky to
leave St. Louis or New Orleans without
one.

From the cabin boy and the purser,
Downs obtained considerable infor-
mation about two men who had played
cards with McClosky. One was about
twenty-five, and wore a pepper-and-
salt suit with black derby and orange-
colored tie. The other, about forty,
had worn a dark suit and brown derby,
and had a mustache. The younger man
had been smooth-shaven.

The pair had boarded the boat at
St. Louis and had disembarked at New
Orleans, still grumbling about their
losses. The purser was unable to say
whether or not they had been accom-

‘panying a young woman, but the

cabin boy.seemed quite siete they
had.

The purser recognized the phote
of Mrs. Burch, but he could not re-
member if she had been aboard when
the City of New Orleans departed from
St. Louis on St. Patrick’s Day, or on
some other day. There had been a full

(continued on next page) —

51

Lge, 2S IRAE APES REESE

AE a SR NN TS teased aa BI SE BSE AT Se eae

The execution was the third in Louisiana

. vette ae -

Florida child

Louisiana slayer of 2

Biv

killer, |

pda eee ott pe
7 we 4s

4 VaR

die in electric chairs

" Associated Press

A Florida child-killer apologized to his par-
ents and a Louisiana double murderer begged
forgiveness from the father of one victim as
they went to their own deaths in the electric
chair yesterday, the first execution of two men
in one day since the death penalty was
restored. :

“I bet a lot of those people on death row
right now are beginning to sweat,” said Walt
Verdow, father of one of the Florida convict’s
victims.

Arthur F. Goode III, who once vowed that if
freed “I would kill as many children as I could
get my hands on,” was pronounced dead at
6:08 a.m CST at the prison in Starke, Fla. Just
before he died, he apologized to his parents and
said he was sorry to have killed two boys.

Elmo Patrick Sonnier, still insisting that his
brother was the killer of a teenage couple, was
pronounced dead at 12:15 a.m. CST at the state
prison at Angola, La. The fathers of the victims
looked on, their arms folded, as four jolts of
2,000 and 500 volts passed through his body.

Sonnier, 35, was convicted of abducting
sweethearts Loretta Bourque, 18, and David
LeBlanc, 16, from an isolated lovers’ Jane in
New Iberia and methodically shooting them in
the head three times each after raping the
young woman. . :

His brother, Eddie, also was convicted of the
killings and was sentenced to life in prison.

Each insisted at first that the other pulled
the trigger — under Louisiana law, only the
actual killer can be sentenced to death. But
after a court commuted Eddie’s death sentence
to life, ruling that he only held a flashlight for
Elmo, Eddie insisted that he had been the killer
and begged Gov. Edwin Edwards not to allow
the execution of the wrong man.

Eddie’s claim, backed by a former cellmate
who said he had heard Eddie confess to the
killings, were at the center of appeals seeking
to block Elmo’s execution. But the appeals
were turned down by the courts, and Edwards
called Elmo to tell him he would not intervene.

Elmo Sonnier was led to the execution cham-
ber by Sister Helen Prejean, a Roman Catholic
nun who shared his last hours. eee

As he was strapped into the polished oak
chair, he told her he loved her, turned and
looked directly at LeBlanc’s father, Lloyd.

2 ask to have your forgiveness,” Sonnier
said. ;

LeBlanc nodded and said, “Yes.”

Miss Bourque’s father turned to LeBlanc and
said softly, “He didn’t ask me.”

“He was ready (to die),” Sister Helen said
after the execution. “He told me today how it
all happened. He had inadequate counsel. Eddie
did it.”

The body was taken to the prison morgue.
Warden Ross Maggio said he understood that
Sister Helen would claim the body.

since December and the 17th in the United
States since the U.S. Supreme Court reinstated
the death penalty in 1976.

Goode, the man executed in Florida, was
condemned to death for the 1976 homosexual
slaying of a 9-year-old Cape Coral boy, Jason
Verdow, and had been sentenced to life in
prison for killing an 11-year-old Virginia boy.

On the eve of his execution, Goode said he
still wanted to molest little boys. But after
being strapped into the death chair, he said,
“I’m very upset. I don’t know what to say,
really.”

With a choking voice, he told the execution
witnesses he “had remorse for the two boys
that I murdered. It’s difficult for me to show
it.”

The former mental patient was the fourth
convicted killer to die in Florida since 1979 and
the second this year. Sparse crowds demon-
strated both for and against the death penalty
outside the prison and in Tallahassee.

“I bet a lot of those people on death row
right now are beginning to sweat,” Verdow,
father of the 9-year-old victim, said in Orlando.
“Some of them won’t act quite as smart now.
He (Goode) probably didn’t either at the last
minute.”

“I believe that a message was sent every
time that there is an execution that Florida is
serious about protecting life and that if one
takes that life, that they should be prepared to ~
sacrifice their own,” said Gov. Bob Graham,
who has signed 74 death orders since taking
office in January 1979. See

He also said he had no doubt that Goode was
sane, despite last-ditch insanity appeals to
state and federal courts.

Goode’s father, Bud, 69, of Pine Island, said

he was “disillusioned and digusted.” nog

“Here you have a system where a guy like
John Hinckley goes to the hospital for trying to
kill the president and our son gets to die when
he is just as crazy,” the father said.

Goode said Wednesday he wanted his execu-
tion carried out. ;

“I know that I will never be a free person

with any young boys,” he said.

His death sentence once had been vacated by
an appeals court, but the U.S. Supreme Court
reinstated it Nov. 28, 1983, freeing the gover-
nor to sign a second warrant. The nation’s
highest court rejected Goode’s final appeals
Wednesday night. yee

Goode said he saw Jason at a bus stop in
1976, coaxed the boy into going with him, then
performed sex acts with the child and stran-

again. I know I will never be able to have sex

gled him. - j

“Psychiatrists said Goode, whose IQ was in
the low 60s, had received: professional help
Since age 5 and was committed to a mental
hospital for molesting children in the Wash-
ington, D.C.,.area. }

an ne COUT, |

1 Se paar egret en teint eit ehh and ast pee eo


SONNE, Elmo P., white, elec. La, SPrison (Iberia) 4-5-1984

ui Sonnier * nese

Elmo Patrick Sonnier, 34, of ‘St. ,
Martinville, faces death in the electric .
chair Friday, Aug. 19, for the abduction ©
and. slaying of :two New Iberia
teenagers. He had an‘appéal pending ..
before the Louisiana Supreme Court as °,
of late-last: week, with other legal ©
appeals possible after that. eer et §

~ Sonnier has twice been. convicted of.
the slayings. His first conviction was |
overturned by the state Supreme Court, ©
which’ said - the original jury was..
influenced by the fear, that ‘Sonnier
might be eligible for a work-releaseé °

program if he was sentenced to life. 72°" '

' Sonnier was again convicted of first=.

4

degree murder and sentenced to death. ~ |
Both the state and cnandsenence| "

¥
vy

upheld the conviction and sentence.|
~~“ But more appeals are pending., jj #®-


:
‘5

,

os Soe a x,

: --20—Ehe Birmingham Neus:

Florida child- killer,

Louisiana murderer 4
a to death today

ees .

: ‘The Associated Press

= Mere of two teen-agers on a Louisiana
< -over's lane were electrocuted this
‘ morning, marking the first time since

""-«"peinstatement of the death penalty that ~
- two executions were carried out on the _

- Same day.
“In Florida, 30-year-old Arthur F.
EsGoode III was put to death shortly
afte 7 a.m. at Florida State Prison
“near Starke. Goode, who was con-
: demned for the 1976 slaying of 9-year-

- Old Florida boy, bragged about his -
- crimes and said Wednesday that he was 2 :
’.~ | “Mr. LeBlane, I have no hatred in

By. heart... I have to ask your forgive-

> Still eager to molest little boys.

: Ss oy - Six hours before, at the Louisiana
Ie ‘ State Prison in Angola, Elmo Patrick ©

- Sonnier, 35, died in the state’s electric
chair as the fathers of both of his teen-

: -* In Florida, Goode expressed last-
- Ininute remorse and said, “I apologize

.to-my parents,” before receiving a 90-

; Second jolt of 2,000 volts.
- The executions were the 17th and
4 "18th since the Supreme Court rein-
Stated the death penalty in 1976. They

- brought to seven the number that have -

en place ts yar.

ener insisted to the end that his -

Pid
is

£
'
e

hi Sd

-" age victims watched with folded arms. —

a4
|
.
}
4

Thurs., © Noril 5, 1984

- younger brother had committed the

“Nov. 5, 1977, murders of the sweet:
‘ A child killer in Florida and the mur-

hearts abducted from a lonely lover’s
lane. But Louisiana Gov. Edwin

-- Edwards and five courts, including the
US. Supreme Court, all rejected. last-:

minute clemency bids.
Sonnier was convicted of pumping
three bullets each into Loretta Bour-
_ que, 18, and her fiance, David LeBlanc, -
16.

This morning, moments before: az.
_ black hood was slipped over his head,.

Sonnier looked toward the witness.

Sonnier
light f for Elmo. Eddie later testified at

his brother’s trial that he had pulled the’

_ trigger, but the jury did not believe
him.

Under Louisiana law, only the actual
Murderer — not the person who aids

and abets the crime — can be exe,

room and directly. into the eyes, of: cuted.

Lloyd LeBlanc.

"he said.
 LeBlane nodded once and said,

“Yes, ” Beside him, the other father,
Godfrey Bourque, said softly, “He

didn’t ask me.”

Then four alternating jolts of 2,000 _

volts and 500 volts of electricity passed

~ through Sonnier’s body, and he was pro-

nounced dead at 12:15 a.m. |
Sonnier’s brother, Eddie, 27, was
convicted of murder and sentenced to

_ death in the Slayings, but the sentence ,
“was reduced to life in prison when the ~

courts ruled he had only held a flash- ©

~~ In Florida, Goode appeared grim as

he sat in the electric chair. “I’m very
_ upset,” he said, and choked up. Despite
his boasts about the killing, he said, “I
-had remorse for the two boys that. I
murdered. It’s difficult for me to show
it.” Goode had been pars to life
for a second killing.

When the current came on, his body
jolted, his fists clenched, and then his
body relaxed. He wore a strap across
his mouth and a cap with a screen over
his face.

Florida has had one other execution
» this year and three since 1979.

Goode

executing inmates who are insane. The
US. Supreme Court rejected that argu-

“ment Wednesday.

During a prison interview Wednes-

day, Goode, whose IQ was in the low |
60s, said he would kill again if freed.

He was convicted of killing 9-year-

old Jason Verdow of Cape Coral, Fla.

At his trial, he testified that he
abducted the boy from a schoolbus

~ Stop, performed sex acts with him and

then strangled him with a belt.

Goode, formerly of Hyattsville, Md.,
also was convicted in Virginia of killing
an 11-year-old boy after escaping from
a mental hospital where he had been
committed for molesting children.

Goode said he killed the two boys to

protest society’s revulsion toward

child-molesters, and repeated that he . ©
was “proud of the fact that I murdered -

those two boys because society is preju-

-, diced against me.” At the same time,
Goode’s attorneys argued his execu- .
tion would violate state laws agains

however, he said he expected to go to
heaven.


=r = <stheir own, would die at, the ..
uo) “fliek- of an. electric switch
+i.) shortly after midnight, un
"a Barly today. Sonnier be-
iy came ihe third inmate-exe-
“cuted in the prison’s’ bright

ae ‘December. Child-killer Ar-

; commer, ‘there was some .

~ doubt in everybody's minds, ©,

“including my own, that there.

- would ever be an execution >.

atts" (here),” Angola Prison War-
mi : dea Ross ieee said.

<\* [February “brought home for |
ab is: for. real,” ):

-. considering the: circum-"
. stances he’s in.” :

- = Sonnier was sentenced to

pe ae - die for the 1977 murders of a
giant tal aot teen-age couple. His broth-
Be hasten ean pidge penal
ert ae tence for the murders. ay

ceo te Onee @ Cartvhg Southern
Sat pisnintin on the Mississippi

Rae FE ‘prison’s 18,000 acres. a
Be on IS Most of the 1,650, prison

’ Pea: employes commute either
i “+s. “geross-the river on a ferry-

sis or “= up to 60 miles _

7 ‘

Soinler: @ killer and one of — :

~ presidents are “glad the De-

thers of the two. victims, the

was “in pretiy good spirits,

Jess a judge spared his life. rT i

“green death chamber since . e

sa ‘heir homes. They scatter

~ the prison’s $33 million pay-
Toll across Louisiana.

*The nearest sizable town
is St. Francisville, 22 miles to
‘the south.

Most of the ‘town’s: 1,471

partment of Corrections is al-
- lowing family

Among the witnesses: fa-
- gheriff’s deputy. who broke
-the case and the St, Martin
» Parish sheriff.

y wanted to see the
pe esult. of the criminal
justice system,” said Louisi-
cana Secretary o Corrections
Paul Phelps. .

“There’s no “crisis atmo-
sphere,” Means said. “I have
found few people who are
_ ant-capital punishment.”

“A Baton Rouge minister
- who witnessed the Williams
execution is opposed. “The
main reason I’m opposed to
the death penalty is the un-
fairness in’ its administra-
tion,” said the Rev. James
Brown, Williams’ spiritual
adviser.

“Tf you have money, you
can eet 2 a

’

members to.
:  witnest Sonnier's execution,
_ lawyer Jesse Means said.

mod lawyer. It’s |

DEATH CHAIR: Louisiana's electric chair, called ‘Gruesome cee

Gertie’ by death row inmates »

only those the state had to
furnish a lawyer that are on
death row.” —

While the Angola prison
was off-limits to everyone.
except inmates, workers and
execution witnesses Wednes-
_ day,.death row inmates in
‘Texas talked of fears of shar-
ing Sonnier’s fate.

-monplace, but it’s still going —
for us,” said Billy Hughes,
‘state trooper.

UPI

“It might be something
that will become very com-

to be very emotional in here
convicted of killing a soe mane:
“You never know eine

your number is going to be —
aauieel Nes mee


i: | gaant that

Benny .Corcorak anc

. determined.

pt pare.

OVER

bid there Was a sidken-
scene. Sparo wae Jos=

_ and losing it rapidly.
ghastly hue, ao ere
aot axony stampe yporr
fas trembied so that, Cap-
end Deputy Brinkman
port him. cas
3 could be nlace
ped several feet «into
ame down on the trav
eight. doubtless hoping
rope~ and precy itace
Byard below. He }@nped
fai] waa broken bY the
Captain Meredith and
kman, who seized the
yer wrist. es
ed ahd twisted: desper-
ring to wrench, him-
in a hiwh. ehakine
reamed Gute
Mma hands’ 1 ait Hka

Fypon’

called reassuringly to
be auiet, the telest 4
@ Italian was too far
anv advice. and swayed
side. supported by the
rinkman. | ne ee)
Aline, who Was. @aenly.
, to chant the prayers
_ and Sparo. @° frotn
nh. erted. “Hourvy

i tmost in the

own to the

Goode bye.

ae rave a riapal to tha
was standing
Deputy beckoned [to

the prison A moment
rebed meure stealthy

e the acnffold and

like an angel of

rad to feeb The pranenee
near its approach, ATO,
Prithead id haw terror Re
Rit wee.
1 ee ae HY Mwones..
Crerta trou:
waddle

me and fry
rons mpened the Nowe
pba yd ang Phe

refpmeati

roomoaniar ep" nih fens

hepweet bt. ‘8

a
: 4 gh me eR SPE re ey
bvae then hell ary
we nurrledly. cbf Arey the
Pom his pork er, oneted it.

howl wee a Ulhink
bt of the miprious, Bais
Apargea eves othe ter rir
n aquirmea and fopriled
upport amalns! Captatt

ebthout golng

plab wounds,

“turned and run to the rear -and

{n. ward.

was, wounded iu the lower
the abdomen,

nad We oa

otlom. and

few

veyed
8 quained: uEthl ohe
Yralfan a 7 Peaciano
ot rykotya EB BY fe ae

ae eo
‘ea it
; tainly

aa) he lengite wel

ti Stand off the trap. |

sbotgun |

Me

peither of the three: werk WOUNded.
ator,

Pergeant Driscoll, entering the
sought for Antonio Luciano,
wae nowhere to be found. _»
woman, however, intormed |
he would not.
without a. re , fant.
were made » Antoun
tor several days, when day
ciano walked hito Btallon,
accompanied by his attorney, Chand-
Jer Lusenberg, and surrendered him-
pelf, and thue — Maat unshlr a 8% ce

'? 7” ENDED HE FIRST ‘ACT. ©

rhe case drawged along: in court
io trdel, and Antonjo

nis broWher were. re-

ae ee o'clock on,
; i

Luciano and
jeased on bonds.

aiter t
ciane, Vi

erated &
r of Tony's gprvesly

playing » game of curds
on Paydras street. Sal-
the younger prother,
desk ein the front
writing a letter
suddenly three

in the stoKe
vador Luding),
was seared at &
portion of the store,
home to Italy, when
armed men entered. The luciands
were all unarmed, and at once the in-
trudera attacked Saivador with knife
and: pistol. Salvador. fell with nine
and Luigi Luclany, who
had sprung up at the noise of the
scume, met one of the assassine, who
stabbed him in the ahoulder and he

. de
stairs, where Antonte Luciano Kep
his double-barreled shotguns. | @!
tora remained seated at the table un-
molested by the party, an this
coupled with the fuct that they had
been trapped, caused. the two Lu-

-elanos upstatra te conclude, that he

was a spy in the pay of the attacking
purty. When they came downpstaifs
armed with. their shotguns tney
Vettura, Killing) fim otnatantly.
then fired at the fireea map who had
ensered the place. Joseph Caulamia,
one of the party, Was wounded in the
peeiee ihe contents of-one Darvel into
rand, the second, Vinoent Ge raehi,
yar th

' and the third eae
Cajamia waa arrested hater with
pistet da his hand, and Gerrachl wes

180 apprehended aa be was endeny*:

ering tu escape, The twe wavlanos
ware also brought to the Central ott.

arrive (at the  fkete it Lie
pase Gerracht was conveyed to the
{ Rarity Hiospiteal, where he expbeed is
days jater without making @ty
pintement,
where be ore:
recovered
no wae locked Ape di the Cen:
traiBration, and «charge of anooting
i cetarven ugainat libra,

that he had Cer
hie brother, and na
the chro nenistancas af his
Heath did net develop until later. dn
fact, Calamla was and attlh is charged
the murder of Vertura, and has
tried as fl war fwily @9

xubsequent trials that

athe not. abo aty: titre that
get have. ahotmun, newer mould nat

" ad Wate ge ; fae

to the hospital,

woe Heeamed
not ginatn
for Vartinea,

and

ete.
which
and |

'ettent.

etd. drawing: hia revolver,
6
‘ shat
‘, ag there Wat: considerabie
pxecsternent and confueton, it was dit-
efiro atte a)
th gay a word as
and Calamiags as WBBO Carli |

“Antanho.

o
the reaul

wy ae
tot ; ‘Henms,)
BE gistet, -
howsve

lative of Bartolo Ferrari,
“g barber at that time in

, Charles Street, made
saguinate “Tony ‘hu

his purpose
as arreated befor
m the

atreeta A ‘
by parties weveral times t
guard, but would answer t ‘
not afraid. Tt was in April, 1903, a
few months after Luciano's acqgt
that-a younz, man formed his.
quaintance, an : Teas ae
INGRATIATED HIMBELF ‘BO MUCH
fa.) INTO TONY'S FAVOR
trusted friend. He

nearly every

y morning, about
Saratoga Btreet
d Canal Street. dt ap-.
Luciano had ar-

a Canal Street photog-
raphber to tuke Dis children’s pictures.
they were on their way down
theré to see about the pictures, Tony
inviting his youns friend with him
to pase judgment on them. his
young man was Sam Sparo, who had
been employed at times in the Sugar
Refinery on the Levee. They went
rtstairs into the photograph wallery,
was on the third floor of the
lace in Canal, near Rampart Street.
Bre two lower fioors were vacant,
and after having viewed the pictures,
fonyv and Sparo started downstairs.
When they reached the landing at
the head of the firat flight of stairs
Luclano was in the lead, with Sparo
just making the turn from the second
Sparo drew his revolver and
fired at Luciano, the bullet striking
iin in. the back, near the spinal
column, inflicting @ wound which no

down

peared

ranged with

doubt pas uiveed the unfortunate man,

to the core,
sought to

- Sparo tired a second
third

Tony, bowever, Was game
return the

and a fourth, and
Luciano ia the
tumbled to the

and t
ute oof these atruck
left nipple. Luoclane
pottou of the, atairs in
und sao afirerwurda@ expired, unable
to who bad shot
hitn. :

Kparo then excaped through a room
in the second theor, opened a window
opening ont Into an alleyway. leaped
acioke the chagin: into the back wit:
dew oof os house facinea Rampart
Sireet and then walked coolly down
the front stairs ta the hall doar and
waiked ont on the gidewnlk.
tring, however, the alarm had been
gicen, for Th was noon of a Bunday
when toa ashoottng oceupred, and A
crewed ot poopla: were ony the apot.
Rpare yas arvreated at the corner at
Hampart and Cannl @treetea, na he war
combom back ta the front of the phe
tographer @,. where: tive wage was
wiijb standing At frat he dented hav.
{71 ant knowledge oft

by
lie P

ueual,

ore,

the hallway

Menan~

Laicdane, and

ey, ‘dn t 3
ters played by, thé
the clhas, was nog

pecurrence,
well @ung, well act
tire play was @ tree
whick, had - béen
event(‘was almost

and was a fit fra
ting, the comedy

talnnwent mmang
march (Roman) . i

| which wae follow?

by the class, enti
Miss P. Townsend
nddreas of welcg
Hpearman read
Japan,’ by Stodde
“Karama,” and &
read bits of pg
Hearn. By req
sang a Japanese
followed the mu
acen@ of the play
the first being
The young lady a
ed ¢t scene a
know. Mig he of heg
full jtrstioe Th
a Japanese counre
exceifent plece o
teur, and display
The oomedy di
by Mies Finfay,
propriate, and sh
authoress had ¢
{us. (The: music
be omM«inal; fn
dominated, but
songs, all comp
Jadies, were com
hits and were
logue.
he characters
as follows: Chet
anese maiden. |
Olga, @ Russian |
ran; Kao-Gan, |
tiorsom, Misr
brother to Olga,’
fan and Foo-To:
Misses M. 1
The chorus conal
Yinkel, FE Gitrau
N. Jarvis and.
misnee se Huce 4
A apanesée #
Loo,” by the af
march, by Mies!
the ‘rogTamme
wis fee FE. Re
Mise Ro Gachet,
ceremonies ands
Mise YL. Finlay?
ance “was cane)
atintea appiaw
young authores
the curtaln, whl
with a beautify
oriv arner
cong@ratuiated |
young ladier wl
terially in pree
Tha Recentios
poaed of Minee
Brennan. A. Da

Pie

a net * evel Wy ae al

fact, Calaia was 6
with: the murder 0
nover been tried

ETE aE
Geath adi

} tablished
g a did no
whotgun,

ut to rete
ne were made
slvador Lucha

numerous
o: upsateire.

Luctano

yofegrapher

stricken end bewulle

the losswrt bat

brother #0 beirg with Luctan

younger o that day, 4 t 6

o attend e murder, and

ided to allow him t

(rs with Ludlano.

the drap the funeral, ‘a@ (here wae ne downaeta
of the Pickwick Chub

YWeharge pending agaln

the rear of the: ‘anal Street,

vader was ald out in.
Poydras Street,
few people in &

looking across

and there
mp across

ttondance.

ing, and,

were but paw Bparo ju

ary. conk

ee A} senred to have taken posses- | People living In the R
moment, and qar appe ¥ Lg x m as he passed into

house saw h
hall from the rear
They saw him wa

of Luciano. and
even to visit the
of being

the friends

4 in. a exuremiin
none of them dare

haved the body and epoke to h

ik down the atairs,

t up with a shor house of mourning for fear

the scaffold dis held to accaunt friends of the and then others saw hi

ont. and arrested chain of

click as the emed | oppoaitia tano arrived at
~ oF eircumstantial evidence was abs

enapred tomethey ait | the bier of his brother, and far eome
h his head bowed down lately complete, not a missing Il

wed, and the arewaome) time wat wil
ne : n this evidence as on the

. Buddenly

deepest @rief.

daving shriek.
who kept a

inte the

had been placed guilty as

Bartalo Ferra 4th of Fabruary, 19

charged.

corner of
he pince. Strid. |
corpse, he bent

after athe iolt
ped around under
the body, i. never
M-ular contraction or fa-

etore at
Julfa Streeta anterad t
the alde of the
4 kissed the fa

Bparg was Tho
re. Ronalonagy 0)

down an wis Indicted on Bept.

caso was allotted to Section

myed from Then he afepped hack and a Bee Oat ballon

Chretien,

ca elaval layed about the }

ig Wa a aw vacation early tha

deprenseg.. |
igstantameou

malice waa written
He aecmed to
aefv of the brother
jorful over: he deat
Tony TLuctano «
tions and looka of
‘ring out Into the va
ealled Ferrart! forth.
clear shop wae tn th

dat over trink unth

ng@ tq be
a voung
served the ac-
pnd -atep-
rd, beckoned of
Lalgi Bucleno's
e rear, ae before
Luciana walked
yard and

4 Hin face.

the lutter part of J
Feb. 4 11904, he war
d. and then comme
orn legal fi
Prior to the tria
a challenged, and four or
onsumed tn the trial
the challenge Was re-
ed for to file a

Qeorge Gray an
Bahador Ali Mol
Wilbert. *
Albert Del
Thomas B..
bat. ue yi : ;
Welter Jobnaoh:s
FAwio J.
Mendes. -

A. A, Denia, 82 ¥
Dr. James P. Pact
Henrg Belmont, 4
Kuesell,

(Widow) ©
&38 St,. Mary.

Apna Menenden, &
John Sutherland.
Ff. Lam

(Charlies
ital.

Hn the table dens
Y Hara. the Coronet. an
the Assist
tre neck

need one of
hts bafore

the: most stubb
the array

the court.
ot jurors wa
five days

Crooner.

been Prac:

rnd the spinal cor@ bro-
4

iro was pronounce.
Time was ask

for a new trial and ®
but upon argument. the
overruled, and on Muay 9
wna sentenced
whe then

mana throat.
with holy j
The. temp fall

motion WAS
, 1904, Bparo
The case
tuken before the Supreme
on Monday, I

eAteway
and the re
Proceesding

the store premises.
oe the door of the clmar
and when
tthdrawn {t arasped a
rreled shotgun loaded with

minutes past

Baed a few m
twenty-one mo
tabi@ an

tnutes beter.
Dea. 19,

court was
Montoe being the

A reheating was
but this wae refused on
and then the Governor
warrant and fixed
aw the day. for the

This, however, was: sub
sind to be Gaed Friday
was granted until Apr
and vesterday the sentence Was oar-
rled. owt ;
Gtovannt Luciano and hiss
orphaned
Antontu and Mra
hing more
o thelr home tn Stelly.
iti) Sparo had been
was thought that
until after. the ox-
Luclano: al

ard was w
Judgment
affirmed,
organ of the
applied) for,
Jane 30, 90h.
slened the
Friday. Anril 21,
execution.
quently fe
a respite

s placed on the adtuble ba

starting @Vves
enter af the

ot bravado, fol-

suspectingly or out
efore he eawld

fivid face.
lowed Antonio,

wash in: the «

a the rope had, tort

in a reat coe

of which

>and lifted inte the
biog

wweilano shot.

bord the | dewn. , He fred

Cy Tho
B01 H oR Charity H
deme McMul

Eble, 43 3
Colealo,
Dora

ARKELS INTO
QUIVERING BODY,
ine pun By the

Sg wae Wek Daa
the Usyile

FERRARIS

the pRison

“2. :
tage outside
ing ehilicoen

rer wrend
en RSABP LU

He vou
Va tig tatit?
, ebMarrti@g UE 10 ue pulp
of pulleoe oifpeecs baked Dae
allied «to ALtenU

inter. to-

in Srreet
children

@ carriage in whieh rode
who he of the unfortunate

to the Carrollton Camn- | aarge Cot
was Poarne
elo@e too the COTORA

Lyons, whoa WAS n

Conrent of
Johneon,
ompital,

el] Agpara.

nnn te etree

x i STRE!

Another Meet
for
‘The: @emande
have mot vet
Raliways Com
i has wélted on
it wae, said ¥¢
ecutiv@a Board
meett:
final pre
nora les to a
e iprese
rary New
mi atrik
ith I.
uek, hae ore
{{ io atate

here, returned
They had walted ur
convieted,
would stay
CGiovarnt

was teured, in
wee pradieteu, gu Wie wir Mes
omicera@, rusned
Lue jano,
Ferrarl cauged all the men proesest
yolunteetm: from
the, poilee

in which. Apart
provider
tyConner wee
neceaeary :
nt ard purchased

arrested
Antonio had, and, besides, he

A of heing killed.
shared hia feura. and they
as apprehension,

formers

was in conetant drea
Hide soater
Ilved n life of ceanele
Sting thot GQtovannt would fall a
taan assassin knife or Dulbet
lindar these can-
to leave Now:
Orlenn«e where they had left the re-
brothers,
welling out thele grogery, which fell
Antonio's death,
Neither of them

were Un.
roeera, and
agten their

sonnet

ane of the must ferious
tha niatory of i
y fori eanea

a eee t ‘
K FATAL FRKID

Now Cha scene ChANKAS. Tony lau-
prigoner

with the

nto almost any time

Calamiia
In the fame (prison,
ther of Halvador
eo friends wuts

prised
pchar@eea wi hone mur

Giuctane, Wan

: foie
Coat a Dosen Lived, aed
oe Spare's Execution< —
execution Of Sam apaern he
Anate of this most feadly
the yeargeance of the par:
theif sgbhiral
appeneerd’
rejatiyas of
thia, pnoat
ned en(hefar

speak Fnalleh,
fitted for the bhueinesa of
this nlao erumed Chem to
ifeonarture |

tin aald that Antonio Luctano had

Lapa nn pe
the sbuntry was broker

husliess
tragéliew enact

te es rhe
nad w muedly

oufatanding
friend to eotfeat, tha

principally
They did not thitok It
‘omaary 20 pay pber Ae Bex,
tye majority of tham werk

giutted?
bhioad been
Mahe friends ef
ingolved
endetta Obtut

desperate
the execution here
may finieh fhe vendetta from Amertcn,
fhe code of blood may be ae Tiving

epedqitors

and while.

ihe eitu
to Prebident F

any rete

and
ap

Lévaud
D

len.

Fu
eres.

hele

oO

Rab:

tio: “of. Sam. Sr
of,.thia. moet
rr “ep "Pepe of
wetted? Haw theirg
“plead . been iappk
friends er relati)
ingolved in this)
Metta obtained: eal:
a are ‘questions |
newer, but: which!
¢ New. Orleans, whi Peay
at yk the ble weal

hirat
Ba?

. of
‘most
ac-

the’ os hae whl topkk |

: i. the last. ot es
the
Apart

range to say: that
hy all went ont br the
et they fired the ftst’shat,
he first blood in :the, feud.
ciano, with his brother,
ciano, operhted. a grocery
oydras, between Saratoga
rt Streets, and at the same

factory somewhere -near
iite, La. Intsome njafiner,
erted, they incurred the
rivalry of a man named
o, it was said, was' prom-
olitics in Palermo, ‘Bicily;
came here with the pres-
ing been a member of the

ih of that city. 4 wt ~
Peerene to’ the 8 eiliahs
ves

janos were algo nat
Db, and knew Gen val in the
“but  wpom hing
concluded thal troy!

oo the ipl ogee a
va anda whisky 4d
Christina drove UD
she ‘Lmuctanos of
a involyed
Aifficuity or: troudle:

ey at wr a airy ia eS

he two. lait? th

rivalry. 7
| “about td ent

anal

Bartolo, Ferrar};.

’ in 1
ae in.
up the

} had &

killed.
ished or were interested tn ‘ageration to say
were co itted

arrest,

pa

: hs)
| was in

"4 +f Tie slater

~~ t ate
be Now: the acene Shaneea T
clano is a prisoner in the
Prison, charged witn the. murder of
Joseph, Calamia is
hut os ‘prisunert In the & e ‘prison,
an the murder at ivadort
each’ have cries 8 vUul-
hese athe were uno

country Was
dies enacted ii a
goo a ponte

pills, * and:

a tors:

b Sicitiang., 1

nt
One oF two mur

tahoa:
“to dake feud

de, the murd ers

core instances |.

and were
ded so just
murders were
aps never be
Pier. not alone
fanos who suf-
va of Calamia's
néar Whitecastle,
and severa
or of \Genova or
It would act at a
that five murders
in ee PP tedbe ars ie
of which re connecte rec
indirectly, with the Lucianos in Kew
Orleans...
Mrs. Luciano, .after her husband's
moved from Poydras Street to
the corner of Gravier and Saratoga,
where she could be near her husband,
in fact, Luciano, from lils cell win-
dow, could see across the street to his
home. Mrs. Luciano conducted the
business, and one day, while drivin
uptown, at. the corner of Rampart an
elpomene. Streets, op a wagon, a
collision took place -w ith ary é a6 rio
car and she was thrown ou frac-
tured flee ies; ‘she-was ina ate iheta
ondition at the time, and before the
irth of: tie, La he ant and again

ae long after-
“Tony a Ry

icluno

eivil er, Giavannl c

; ei vil. € Th “
juat betor reais NO. went to
trial tor tthe’ gear er of

tater, :
OV

ar},
Dae Alafia
with mur-

On
mane spnited wi “ease
qt. of. pot, al ir
fped by.
y without cf

I
“¢
th

~ Peypetting
vie to an ase

at speak ome ah

natng |

A. 9d. O'Hara,

of Calamia

‘atrophin,-

an :

a are of ean
that

a n’ tinder
a almost any. 4 ding
dittons, they — im ded
Orieane,: where they Saal
maing .of two . loved b
selling out thelr; Fo
oat m after An oN
e

tity

mse he beds

‘de
Line

a wereun-
tted for the. business: of ae

is alec caused pie to
porte

ft is said thi
aE Oth ey

ho is wala’ he rn my an
man, and while the execution her

for home.

may finish the vendetta from America,

the code’ of blood may be al

ivi
eae across the sea, ne

ape teeitlgerettnenceninaton
fe «

‘POWDER ANALYERD. Ane

Dr. Mets Makes a ‘Report to Coroner
O’Hara, =

pr. A. L. Metz, City Chemist, com:

pleted the unalysis of the mysterious
cawdae sent to the Parish Prison in a
letter ‘addressed ta Sam Sparo, thé
Mafia bravo, hanged yesterday. Dr,
Metz'’s report was forwurded ‘to. Dr,
the Coroner, and the

portion relating to .the analyals is
us follows:
“The powder,

proved to. be composed of microscopls
crystal, organic in composition. It {fe
a baste alkaloid, slightly bitter,
slightly soluble in cold‘ water, soluble
in hot water. Ths sdlubility is in
proportion _ Sr om ee to 120 parts
of water nsoluble ins be
erie in hie cha Sadld Ans rele
“The powder was examined for
following alkoloids, but with or the
tive results: Btrychnine, bructin,
aogeee coacing, codine, the
various, yet direat, alkalotda. of
opium’ heroin. eronin, dionin, contin,
labellim, nicotine, att ecieshal Nl ve-
Reiphh gelsomin, colchiein, picrotextn
hinin, muscarin and h helleborin.
> egative results. were also obs
pine from the following lucosid
lin, five results n- and amy sg.
fin egative. reaults from the eyan;

rn esiélowidal * exper
showed tha pe Imenite :

on
the powder 1e* By

frogs
cardiag Aheart)), isdn, arid.a par
mbtor cente ‘of. th

Za of the.
spinel cord. On. account of ‘the ex:

heustion. of the tt
Rents t for chemical ope uantity rot

ves SOLENT ae
com ed, but 1
act on on ‘frogs proved it an. active

osettle for uw
ik i alkaloids

I ‘angi ‘continue,

coin #

to pe-
the
ao any:

eeeuter
err

and
their

upon, examination,

‘teed

physiological

| Gleason
anees

Thélbecond h
given! at. Lee
Gijeason, the
took place las
tende by a la
who manifested
Profegsor's ast

The: ‘show te
withthe exhi
Gleasén at. the
weeks affo. }
not détract vee
the ehow., aa
had never seen
tithe them th
formality of
{nator, the u
auiv ee in sing

Prof. |

nething about
Q eason doés
tions. are ins‘
are dtivers of
trickm are shom
n handlg
born. ubjects.

MAcHEC

6
\rrafgne
pays al Co

charge of
weapan on mal
Gependence 84
Gitlanally She
cordem our

Pos, |
acé jails