Nevada, C-F, 1949-1989, Undated

v

CARR, William, white, hanged Carson City, Nevada,

A reproduction of an early day wood cut, which according to the inscription thereon shows “A view of the
principal street ... and some of the principal objects of interest in Carson City, Nevada, on the Virginia and

Truckee Railroad, betwe

xecution Neo.

By EFFIE MONA MACK

“Boot Hill” to the tenderfoot, who is not well-
snformed on frontier vernacular, is that part of
the graveyard set aside for men, and sometimes
women, who died with their boots on. These
people generally were just not quick enough on
the “draw” or who could not shoot from the hip.
Many a man was killed in these western settle-
ments whose murder was never avenged by
either man or the state. Alone and friendless he
was laid away in his wooden kimona, or, more
often than the rule, was rolled into a shallow
grave with his boots on.

—\ HE FRONTIER was still pretty raw when Mark
Twain arrived on it in 1861. One of his friends

back in Missouri wrote to him while he was out here
in Nevada and asked him if “the climate was healthy”
and, also, inquired of what kinds of diseases most
people died. Mark replied that the climate was very
healthy but that most people died of “conical balls.”
This state of affairs existed in western Utah Terri-

en Reno and Virginia City.”

The Story of Bill Carr—
The First Man Legally
Hanged In Nevada

tory, now Nevada, for nearly ten years after the first
settlers came here to live. Once in a. while, however,
conditions got so bad that citizens, themselves, had
to take affairs into their hands and to rid the country
of the desperadoes. A good example of which was the
hanging or rather strangling to death of William
“Lucky Bill” Thorington on the Clear Creek Ranch
in 1857. Bill was tried by a Citizen’s Court in Genoa.
These self-appointed people acted as judge, jury. and
executioners. No one even to this day knows on just
what charge Bill was tried and found guilty but he
paid the penalty and was buried with his boots on.

The classic example of frontier justice was the
killing of Sam Brown. He lost the running gun fight
with Henry “Hank” Van Sicklen on the old Genoa-
Mottsville road. Sam had terrified everyone to death
at his approach. He had so many notches in his gun
he had lost count of them. When he entered a saloon,
a court room, a road house, or any place in fact his
introduction was to shoot up the joint. Everyone who
knew his behavior pattern saved himself by d:ving
under the first bench or chair in sight. Or, better still,
went out the window. But Sam just tried this method

THE NEVADA MAGAZINE

or. at


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7
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:

TORRONE Oe me NRCS THE KS

awn ervovanny

Le

e too often when he went into Van Sicklen’s Sta-
a and proceeded to freeze everyone to the marrow
ee a slanderous attack on Van Sicklen. The Station
ot s full of people so Sam left without going through
wares his threats. But Hank was just not going to let
* happen again. Getting his gun and mounting his
horse he went in pursuit of Sam. The fight was a

ood one. Van Sicklen came out of it untouched but
a. was well-perforated—he died on the spot. Van
Sicklen demanded a trial. A group of citizens were
summoned. Their verdict—“it served him right.”

These stories are well known; and they are re-
corded in every history book of the State. But rarely
does one find related the story of the first man legally
hanged in Nevada. Bill Carr holds this infamous dis-
tinction. He was a gambler from Sonora, California,
who had joined the Rush to Washoe in 1860. In Cali-
fornia he had run a gaming table in a Mexican Dance
Hall. When he came to Nevada he chose to settle
down at his trade in Carson City, where, it was said,
that he tried some of his prestidigitous tricks on the
unsuspecting public. Fearing that some of his villain-
ous acts would have disastrous consequences he de-
cided that the better part of valor was to leave town .

The King house, near Carson City, as it appeared be-
fore it was dismantled recently; near which Bill Carr
was hanged for the ruthless murder he committed
less than a quarter of a mile away.

‘ (Photo Courtesy Ellis J. Folsom)

LIISA yo A cue eRe es

quickly. So he hopped a Stage that took him four
hundred’ miles east out to Thousand Wells Station,
now Wells, Nevada, on the old Overland Trail.

There he decided to set up his “stand” and make a
living by “standing up” the emigrants as they came
that way. The Station was kept by a man named
Bernardo Cherry. In order to keep himself in small
change, Carr went out on the road until he met an
on-coming emigrant train. He stood up the members
of the train, robbed them of all their coin and took
whatever other possessions they had that he wanted.
He would reappear at the Station and live on his il]-
gotten gains until they were exhausted when he
would start out again. He was a big fellow, desperate
and daring. He had bluffed his way through many a
tight place in California and had come out alive. On
the trail he was willing to tackle a half dozen of the

average emigrants who were then slowly making
their way to California.

Cherry soon got on to Carr’s method of gaining a
livelihood. And it wasn’t long before Cherry incurred
the gambler’s wrath by defending a young innocent
Missourian who was alone on his way to California.
Thwarted in his robbery he became very angry over
the incident and harbored a grudge against Cherry.

Some months later Cherry became ill, too ill to
continue keeping the Station. So he sold out for cash
and came west to settle in Carson City. While in this
place he lived at the Ormsby House. Carr soon fol-
lowed him believing he would keep his cash on his
person. Carr, also, took up his residence at the same
place. Soon he professed friendship for Cherry after
the first difficulty. But his professions were false for
he was pursuing Cherry with an unrelenting hatred.

One evening when his unsuspecting victim was sit-
ting in a chair in front of the Ormsby House, Carr
approached him. He told him that he had a business
proposition to make to him and that he suggested
they take a walk out towards the suburbs of the city
the better to discuss it without interruption or within
the hearing of anyone else.

It was about 10 o’clock at night—a beautiful even-
ing, warm and pleasant. Cherry suspected nothing
wrong and the two men set out on their walk. The
next morning the dead body of Cherry was found, a
bullet-hole in the back of his skull. His pockets were
rifled of all their contents.

Carr was missing and as he had been seen to go out
into the night with Cherry, he was immediately sus-
pected of the crime. He had fled the town. A few
weeks later he was captured in Tuolumne County,
California and brought back to Carson for trial. At
first he denied everything, but the chain of evidence

was so strong upon him he finally confessed the
murder,

In his confession he told how he had led Cherry
out toward the western part of the City. As they
walked he continually talked of his pretended ven-
ture until they came within a quarter of a mile of

(Continued on Page 21)


’

EXZCUTION No. 1
(Continued from Page 7)

or- of the handsomest residences built in the sub-
urés. the home of Dr. B. L. King. There was a bright
licct shining in one of the upper windows of the
h. .se. The time had come for Carr to do his job.

Siezping back a pace or two he exclaimed:

-Do you see that light?” and as Cherry looked up
tc«ard the light, Carr drew his pistol and shot him
in zze back of the head.

+ithough Carr asserted that revenge for the old
oiiense that Cherry had given him at the Wells Sta-
tic:: had incited him to do the deed he confessed that
ween he saw Cherry dead he went through his vic-
tix.’s pockets in search of the money he believed
C:.:ry had received for the sale of his business. In
cetting this money he could make his getaway the
surer and safer. But in this belief he was mistaken
fcr on the dead man’s body he found only a twenty-
dc.tar gold piece and a silver half dollar.

Carr was tried before Judge John Cradlebaugh,
Ur:ted States District Judge for the western part of
Utah Territory. The accused man was defended by
P. H. “Hal” Clayton, one of the best attorneys to
practice law in early Nevada. His plea for his client
was an eloquent one so said Colonel T. W. Bonebrake,
who related the story of the trial and the hanging
some years later. But his eloquence went for naught
on this occasion. For Carr was found guilty of murder
in the first degree and was sentenced to be hanged.
There was not much else that could be done. There
wasn't even a county jail let alone a penitentiary in
these days in Nevada.

Since this one was the first execution ordered by
the law it had to be carried out that way. The Sheriff
of Carson County was ordered to build the scaffold.
To make it more dramatic, it would seem, it was de-
cided to erect it within twenty feet of the scene of the
murder, or not far from the King residence. In a sec-
tion of the country where excitement was scarce for
the inhabitants news of the hanging spread rapidly.
It was said that ten thousand people came to witness
the hanging. Among the spectators were about five
hundred women who had ridden for many a weary
mile with their menfolk.

As Colonel Bonebrake was then connected with the
Sheriff's office he assisted in the hanging. It was his

uty to pinion the arms of the prisoner. And he com-
mented that he had never seen in all his life a cooler
aah than Carr, who was accompanied to the scaffold
°Y 4 priest, the last friend he had on this earth.

ane Carr stood with the noose about his neck he
— slowly toward the King house in which he
ii ; Pontes out the light to Cherry on that fatal
Z §nt, and in a voice that could be heard by every
ne of the ten thousand spectators, he exclaimed:

“Do you see that light? My God, I do, at last!”

The next instant his body went plunging down-
West through the trap. In nine minutes he was pro-

Unced dead and the first legal hanging in Nevada
ad taken place.

FEBRUARY, 1947

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Nevada executes _
_ killer b injection /
CHICEOTRI we ~O9-B4
ae ARSO | CITY,” Nev. rroil.
‘Cole, who said he began killing at.
‘the age of 8 and should die because’
he would kill again, was executed:
by injection Friday for the murder,
of one of the dozen women he
claimed to have strangled to get
even with his mother.. He was
sentenced to die after pleading
guilty to the 1979 strangling of
Marie Cushman of Las Vegas:
About. a dozen people carrying,
sanhes suood outside she prison’s:
fortress-like walls to protest the;
nation’s 50th execution since the
Supreme Court reinstated capital!
punishment in 1976. It was the first’
execution in the 13 Western states.
since 1979. en

_ first person executed in Nevada since

Confessed Killer of 13 Execugd

By a Lethal Injection in Nevada

{a-OF¢2-

CARSON CITY, Nev., Dec. 6.(AP) —
Carroll E. Cole, who confessed 13 kill-
he said were revenge against his
abusive mother, was executed by lethal
injection today after rejecting appeals
because “‘it would be unbearable to
‘stay on here.” aa ee

Mr. Cole, a 47-vear-old drifter, was
‘pronounced dead at 2:10 A.M., six
‘minutes after three deadly chemicals
were pumped into his body. He was the

1979 and the 50th in the United States
since the Supreme Court reinstated the
death penalty in 1976. ~

Mr. Cole was convicted in Texas of
strangling three Dallas women in 1980.
He was extradited to Nevada, where he
was convicted of killing Kathryn Joan
Blum in 1977 and Marie Cushman in
1979, both in Las Vegas. He was sen-
tenced to death for the Cushman mur-
BET a ae ae

He once told a psychiatrist that he
had kilied 35 people, all but one a
woman. In en interview Wednesday be-
fore going to a cell near the death

chamber, he scaled that back to 14 or 15]

murders.

-. Revenge Against His Mother
' Mr. Cole also said in the interview
that he had sought revenge against his
mother, who abused him when he was a
child and forced him not to tell his fa-

ther about her affairs with other men. |

AS four Guards fastened the t.ghr
straps binding him to the execution,
table, Mr. Cole looked over his shoul-'
der at Mike and Judy Newman of Las:
Vegas, who had befriended him: Mr.
Newman, whose wife is writing a book
about Mr. Cole, quoted him as saying,
“] appreciate it.” .

The condemned man, who appeared
pale but.calm, made no other final
statemient. :

_ Mr. Cole received two injections of
Valium, the last one 10 minutes before
being escorted into the death chamber.
He wore blue denims, a short-sleeve
blue prison shirt and tennis shoes with!
no laces.

Final Hours in Prison ve

; ‘ : i

He spent part of his final hours play-
ing cards with the prison chaplain, the
Rev. David Casaleggic. He also wrote
letters, watched television and read
books and mail. He had a final meal of

} bag pe *
bv TIMES i
fried shrimp, french fries, salad and.
clam chowder. _ |

Mr. Cole, 2 Roman Catholic, made a.
final confession and took communion. !
|

Late Thursday the Nevada Supreme |
Court rejected an appeal by three other |
death row inrnates who contended that
Mr. Cole was incompetent or insane. |

His attorney, Edward Marshail, told |
the court Mr. Cole had told him, “It!
would be unbearable to stay orrhere.”

Nevada’s last execution was in 1979,
when Jesse Bishop, a convicted mur-
derer, died in the gas chamber. Mr.)
Cole was the first person to be executed
by injection in Nevada. -

Vigil Outside State Prison

About a dozen people held an inter-
faith vigil outside the Nevada State,
Prison as the execution neared.. — |
“Very simply, we believe mo one
should pass from life without someone.
to stage a vigil,’ said Rabbi Myra Soi-
fer, one of the vigil leaders. ‘‘We know,
we cannot stop the execution. We know.
we cannot stop the death penalty right,
now.”” |

Mr. Cole sought psychiatric help be-
cause of his urge to kill, but said he.

merous

' | “slid through the cracks in the medical

and psychiatric system.” ie

He said he agreed to let doctors ex-.
amine his brain after his execution to,
see whether there was a physical rea-
son for his murderous rages, which fol-
lowed heavy drinking bouts in bars

‘where he met many of his victims. ||


COLE - Nevada- “xecuted by lethsl injection 12-6-1985,

EXECUTION ALERT

® TEXAS TUESDAY NOVEMBER e6 4¢:07 CDT LETHAL INJECTION

JAY KELLY PINKERTON, a@ 23 year old white man, is scheduled to be executed in Texas on
Novwmvwe 26. He was sentenced to death in 1981 for the 1979 rape/murder of a 37 year old
white woman. He was not arrested for this crime until a year later and is believed to have
committed a second similar one during that period.

Pinkerton was 17 at the time of the crime.

Within the United States, 31 states permit minors. to be sentenced to death and 15 states

now have persons awaiting execution for crimes committed while under the age of 18. Of

the 35 people who were juveniles at the time of the crime for which they are on Death Row,

4 were 15 at the time of the crime, 8 were 16, and 23 were 17. Eight are on Death Row in Texas.

“Texas has been the first state to begin executing persons who were minors (Jesse de la Rosa
and Charles Rumbaugh), but unless there is strong protest, it will not be the last.

“SUGGESTED ACTIONS:

Write a letter to your local paper protesting the execution of persons who were minors at
the time of their crime. If your state allows minors to be sentenced to death, write to
your local legislators to express your concern. Contact groups in your aree who work
with juveniles and ask them to express thetr concern on this issue.

Write or phone the governor and Pardon and Parole Board in Texas, asking for a commutation,
@ Pinkerton because of his age at the time of the crime:

Gov. Mark White Board of Pardon and Parole
State Capitol Box 13401 / 711 Stephen Austin Bldg.
Austin, TX 78711 Austin, TX 78711
512-475-4444 512-459-2700
NEVADA FRIDAY DECEMBER 6 GAS CHAMBER ** SUICIDE EXECUTION**

“< i
CARROLL EDWARD COLE, a white man in his late 30's or early 40's, has waived his appeals
» and is scheduled to be executed in the gas chamber of Nevada on December 6.

Cole has confessed to murdering 12 women and, many years ago, a childhood playmate.
He was sentenced in 1984 for a 1979 murder, pled guilty, and received the death sentence.
He has been determined from the beginning not to fight his sentence.

He has said that he does not want to spend the rest of his life in confinement and that if
he is free, he would kill again.

REMINDER: In cases where a defendand is considering giving up his appeais, tt is important

to be very careful, especially about pre-publicity which could lock a wavering: inmate firmly
to a decision from which there would be no backing down. While that is not the case here--

}:- seems to have been clear from the beginning--please continue to respect’ this policy.

Cole's execution will be the second in Nevada. Jesse'Bishop was’ executed there on Oct. 22,

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si said. “It’s very”
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Execution date

From page 1C :
Kathryn Joan Blum. Those convictions
followed Cole’s arrest and convictions in
Texas for the strangling of three Dallas
women in 1980.

Cole confessed to 13 murders across the
country, including the five which resulted
in convictions. The latest confession was
made in prison, following his sentencing a
year ago for the Cushman murder. In
prison, he confessed to drowning a 9-year-
old boy during Cole’s boyhood years in
Richmond, Calif. Cole is a native of Sioux
City, Iowa.

Marshall said Cole also told one psy-
chiatrist that he killed 35 people, although
the lawyer said that because of Cole’s
hea drinking habits he questions
whether even Cole knows for certain how
many people he has slain over the years.

Marshall also said Cole had been
arrested or jailed 45 times and had served

five years in prison on a Missouri convic-

tion for assault, but was never charged
with murder until his arrests for the 1980
Texas killings.

He added that Cole had sought help in
mental hospitals because of his homicidal
a but now feels he is ‘‘beyond

elp.”

Airport bomber

From page 1C
have been hampered to a great deal by
his paranoia of officials,” Flanagan said.
While he said Stockham distrusted any-
one connected with the government, he
added Stockham appeared to understand
the charges against him.

“He’s asked very intelligent ques-
tions.”
. The defense attorney said he thought
Stockham left the bomb at the airport “‘as
a statement against the United States

government” rather than as an attempt
to hurt anyone. ;

“Today, he seems to be slipping
again.”

After Assistant U.S. Attorney Brian Sul-
livan said he believed Stockham was fit to
stand trial, Flanagan urged Reed to be
sure the trial proceeds as scheduled.

“We are walking a very thin line in this
case,” Flanagan said. “I am concerned
we not let him slip back while we still
have him with us.”

Reed continued the hearing to Thurs-
day, when he will decide whether to go
ahead with the Nov. 19 trial.

en

Nevada killer’s death penalt

CARSON CITY (UPI) — The Nevada
Supreme Court Tuesday opened the door
for the speedy execution of convicted
killer Carroll E. Cole, who says he
deserves and wants to die for the killing of
at least 12 women.

The court found the penalty given Cole
was ‘“‘neither excessive or disproportion-
ate’’ to other crimes.

Cole, described as a ‘‘squat Clark
Gable” lookalike, has repeatedly said that
if released he would kill again. “There is
nothing good about me,”’ says Cole, con-
victed of killing Marie Cushman in Las
Vegas.

He and the woman went to a motel
where they had sex and then he strangled

cher with his hands and a piece of cord.

‘‘He has no remorse for this murder or
any of the many others he has commit-
ted,”’ said the court. “Cole has freely
admitted that he would kill again if given

— Seuptnrak

-—S=AD VCVIVOULTS

upheld

_ the opportunity.’’ And Cuie said he would
try to escape if his term was commuted to

life in prison.

‘Cole sought to. ve tue appeal and the

conn found him mentally competent to do

Cole was convicted of strangling three
women in. Texas — Sally Thompson,
Dorothy King and Wanda F. Roberts —
and he received life terms. He also
pleaded guilty to strangling another
woman, Kathlyn Blum, in Las Vegas. And
he tried to strangle Virginia Rowden in
Missouri.

Cole would pick up we:rnen at bars, have
sex with them and ther ‘ill them. In one
case, he allegedly ate ‘he flesh of one of
his victims in Oklahe:.2::.

The court considered the case last week
and issued its opinion quickly. It will now
be up to the district court in Las Vegas to
set an execution date.


!

|
|

ee ST oO

Nevada

Today’s tip

(916) 587-3587.

Get ready for ski season. The Truckee Ski
Swap will be held from 1 to 5 p.m. at
Truckee High School. Admission is $1.50
for adults, 50 cents for children. Details:

NOVEMBER 9, 1985
RENO GAZETTE-JOURNAL

Saturday | Section C

2C OBITUARIES
2-11C CLASSIFIED

Woman pleads guilty
in husband’s death

A 45-year-old Reno woman who
stabbed her husband to death with a
hunting knife while he slept pleaded
guilty Thursday to voluntary
manslaughter.

But her attorney, Deputy Public
Defender Dean Heidrich, said Joyce
Diane Martin was not admitting guilt
by entering the Sage but merely
admitting that the prosecution could
prove the charge against her.

Washoe District Judge Robin Wright
set Jan. 13 for sentencing, when Mrs.
Martin could receive from two to 20
years in prison, or probation.

Deputy District Attorney Richard
Gammick said the plea bargain
reached for the guilty plea was that
both the defense and prosecution
would recommend probation if a
pre-sentencing report showed no prior
convictions or history of violence.

ee Ee Se

Court to set death date for Vegas killer

By Brendan Riley/aP

CARSON CITY — A Death Row convict
who claims he killed 35 people, mostly
women he met in bars, was flown to Las
Vegas Friday for a court appearance next
week in which he’ll get a new execution

date.

Carroll Cole, 47, sentenced to die for the
1979 strangulation of a Las Vegas woman,
wants no appeals. As a result, it’s likely
the Dec. 6 execution expected to be set
Wednesday by District Judge Myron Lea-
vitt will be carried out on schedule.

Leavitt said the hearing date is tenta-
tive and depends on whether paperwork
arrives on time from the Nevada
Supreme Court, which upheld Cole’s con-

viction Oct. 22. Any delay would be for no
more than a day or two.

Leavitt said Cole’s personal appearance
isn’t mandatory, but he wants Cole there
because the Death Row inmate is now
representing himself. Edward Marshall,
the lawyer who handled Cole’s unwanted
state Supreme Court appeal, also will be
invited to attend. The Supreme Court
review postponed an earlier execution
date. -

The request for a new death date will be
made by Deputy Clark County District
Attorney Dan Seaton. Under Nevada law,
the sentence must be carried out 15 to 30
— after the resentencing hearing.

Je would be the first person to die by

lethal injection in Nevada if the sentence
is carried out next month. Nevada had
used the gas chamber but the method of
execution was changed following the
state’s last execution in 1979.

Jesse Bishop, convicted of a Las Vegas
casino slaying, was the last person to be
executed in Nevada, on Oct. 22, 1979.
Bishop, like Cole, resisted all efforts to
prevent his death.

Marshall has said Cole, described as a
short, squat Clark Gable look-alike, is
ready to die because he believes he will
kill again if released.

The American Civil Liberties Union has
been monitoring the Cole case. But an
ACLU spokesman has said the organiza-

tion was unsuccessful in its efforts to
block the Bishop execution and has pot
decided whether it would attempt to intez-
vene on Cole’s behalf.

Cole told police he strangled women out
of vengeance for his mother, who he said
picked up men at bars and then had sex
with them.

In Nevada, Cole was convicted of stran-
gling Marie Cushman. Working for the
Salvation Army in Las Vegas at the time,
Cole said he picked up the woman ina
hotel bar, took her to a room where they
had sex, and then killed her.

He was also convicted of the 1977 slay-
ing of another Las Vegas women,

See EXECUTION, page 2C

OL te ee of
Gaming board
eaaks closure


Thurs kay

' By Laura Myers

and Jane Ashley Dec 5, Is

USA TODAY

RENO, Nev. — Carroll Ed-
ward Cole says he’s “nervous”
about his scheduled execution
Friday, but deserves to die.

“T’'ll kill again if I get out of
prison,” he has said. “I’m a
danger to society.”

Cole, 47, will be the first per-
son executed in the West since
1979. Described as intelligent,
Cole was convicted of killing
five women — he’s confessed
to 13 murders.

Since the Supreme Court re-
instated the death penalty in
1976, 49 have been executed.

The USA saw a jump in exe-
cutions from five in 1983 to 21
in 1984. This year, 17 have
been executed.

“People want to see some
executions, but they don’t want
hundreds of them,” said Rich-
ard Brody of the NAACP Legal
Defense and Education Fund.

Pending legal issues have
slowed the rate of executions.
Among them: Should jurors be
disqualified if they oppose the
death penalty?

Around the country:

Execution rate
slows down in ’85

Wednesday

USA TODAY

Min Texas on Tuesday, an
execution stay was lifted for

Leon Rutherford King, convict- .

ed in a 1978 killing, while a stay
was imposed for killer Elliott
Rod Johnson just 10 hours be-
fore he was to die. |

MIn South Carolina, James
Terry Roach’s appeal to the
U.S. Supreme Court was turned
down for the second time Mon-
day. A new appeal will be

based on an international hu-

man rights law that execution
is illegal if the crime was com-
mitted by a person under the
age of 18.

«

By Scott Henry, AP
EXECUTION SET: Carroll Edward Cole has agreed to let doctors
examine his brain to see if abnormalities caused his life of crime.

rt.

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The Encyclopedia of
Serial Killers

Volume 1

MICHAEL NEWTON

AVON BOOKS @S} NEWYORK =,
[770

FV


WEN 84S 44 VERS

| Cole conver rts to Catholicism in final hours

Ja-e % By CY si
United Press RYAN | FF fe
CARSON CITY — Carroll Cole, who
romanced at least 10 women before he
strangled them, joined the Roman

Catholic Church and ate a last meal of

jumbo shrimp Thursday on the eve of his
execution by lethal injection.

Cole spent his final hours talking with
his guards, watching television, playing
Monopoly and chatting with both Catholic
and Protestant chaplains.

Prison Warden Harol Whitley said
Cole, who did not list a religion before,
converted to Catholicism with the Rev.
Father Dave Casaleggio performing the
baptism.

Cole’s final meal was jumbo shrimp,
french fries, a tossed salad, French dress-
ing and clam chowder. . —

“He has a good attitude. and: ‘is not
displaying any anger,” Whitley. said,

Cole, 47, a drifter, said he-was ready to
die but a little afraid of the possible pain,

One hour before his scheduled 2 a.m.
Friday execution, Cole was to be injected

with Nembutal, a sedative . preventing F

any last-minute resistance. He'was then

to be strapped to a table where three —

different lethal drugs would be injected
into his arms.

State Prison Director George Sumner
said Cole should be dead almost im-
mediately compared to the gas chamber,
which Nevada has used in the past. Those

put to death in the gas chamber lived

several minutes before dying. -

_ Several guards were assigned to a
suicide watch over Cole in his 7-foot by 7-
foot “last night cell.”

Cole, in his final interview Wednesday,
laughed a lot. But he trembled and admit-

‘ted being frightened and worried.

“If I said I wasn’t concerned, I’d be
lying, because everybody wants to go the
easiest, most comfortable way,” he said
in an interview with Las Vegas station
KLAS-TV.

“It has entered my mind that
something might go wrong. There might
be some kind of suffering. But that has
not altered my, decision,” he said. Cole
has refused offers to appeal ‘his case.

He agreed to allow his brain to be
removed by neurosurgeons after his exe-
cution so it can be used for research. Dr.
Jan Bruener, a psychological ‘associate
from Las Vegas, said she wanted to see if
there are cuts or disease in Cole’s brain
that might explain his criminal behavior.

Dr. John Peacock, a pathologist, is
scheduled to do the surgery to remove the

brain at 3 a.m., one hour after the execu-
tion, at the Carson City morgue. Dr.
Lonnie Hammargren, a neurosurgeon,
will assist and Bruener will be present as
an observer.

Cole was sentenced to death for the
1979 strangling of Marie Cushman of Las
Vegas. After meeting her in a bar, they
went to a motel where they had sex. He
then killed her. He has admitted killing 13
other people, most of them women.

In some cases, he said, he kept their
bodies for days, having sex with them. In
Oklahoma City, he said, he cut up one
body into pieces and dumped them in
trash cans throughout the city. He was
convicted of killing three women in
Dallas and received a life prison term.

“I think my crimes deserve the death
penalty .. why prolong a despicable
person’s life who acted as judge, jury and
executioner to the people he murdered
without regard to the victim? I know I'll

_ kill again if I get out of prison. No woman

is safe with me .. I’m a danger to
society,” he said.

His death will be the first execution in
the 13 western states since 1979 when
Nevada sent Jesse Bishop to the gas
chamber. Since then, Nevada has

changed to the use of lethal injection.


; Saturday, December 7, 1985. ae The Arizona Republic

SRST BK SO eB

fee Be

—é

gs
bal:
#e
Py
Ps
®
s
ae

ee ) : . gece | AP
“Romonstratrd hold vigil outside the Nevada State en people staged the interfaith vigil in a parking
¢Rsison to protest capital punishment. About a doz- ~ lot Friday before the death of Carroll Edward Cole.:

Killer of 5 women is executed:
idoctors remove brain for study ©

ly * associated Press He had agreed to let doctors He are no final: Sitemeit: but
CARSON CITY, Nev. — Carroll — examine his brain to see whether ‘he told witnesses Mike atid Judy
: Edward Cole, who was convicted of there was a physical reason for-his Newman of Las Vegas, who had.
‘killing five women and claimed to murderous rages that followed -befriended him during’ court ap-
s have slain more than a dozen as ~ drinking bouts in bars, ‘where he pearances there, mk appreciate | ig
j revenge for s an a peogilanprag met many of his victims. ~~. ~~ Judy Newman -is- writing a book.

njecti ’ J
eal y in} : Convicted of killing two. women . about him.

| © his request, his-brain was removed.

fan foc ‘ee for research on ‘in Nevada and three in Texas, Cole - “Outside, about a dozen people
| ¢ criminal behavior. had confessed formally to 13 kill- ‘opposed to capital punishment
| £ Cole was pronounced dead six ings. He once told a psychiatrist he’ staged an interfaith vigil in the’
| a minutes after three deadly chemi- had killed 34 women and one man. _parkinglot. -

! i cals were pumped into his body one In an interview Wednesday, he

~ Cole was convicted in Texas of
* ata time early Friday morning. The scaled that back to 14 or as strangling three Dallas women in

* first execution by injection in ‘murders. 1980. He was extradited to Nevada

“Nevada came after the state Su- The condemned man was de- where he was convicted of m
- urder-
preme Oo tinea othe for stay scribed as calm and in good sprits ing Kathryn Joan Blum in 1977 and
sought 7 ree se ded at Cole before his execution. He met with Marie Cushman in 1979, both in
inmates who contended that Cole Fricon chaplains, wrote letters, Las Vegas. He was sentenced to

me

Was incon Td Ce aT: tas waichen ei fp ag a : hen death for the 1979 murder.
upset that the other: convicts sought ~ wala d a Hicved . pi ries, - - ee ee day with an

the stay. And Cole’s lawyer told the ~ : cis investigator from San Diego who
court that Cole told him he wanted © . He:was heavily chained and pale questioned him about a woman he
_ to die because “it would be unbear- but calm as he was led by four claims to have killed. She was not
| | able to stay on here.” ~ «, Guards into the death chamber: 4, identified by prison officials.

ie, Sti TO.


No other, executions expected in near future
— 24° -£9 ee

By Susan Skorupa/Gazette-Journal:

Two convicted murderers died by. lethal
injection in Nevada this week, but no
other state executions appear likely in the
near future, say two Nevada attorneys.

Sean Patrick Flanagan was executed °

early Friday for the murder of two Las
Vegas men he. said made homosexual
advances at him. On Monday, William
Paul Thompson was put to death for a
1984 Reno murder.

Both Flanagan and Thompson chose to
die without exhausting the appeals pro-
cesses in their cases,

Patrick Flanagan, assistant federal
public defender, said no other executions
are pending in Nevada and he knows of no
other inmates on death row who have
indicated they  want* to waive further
appeals of their cases.

“There’s really no one who is next in
line,’”’ said Flanagan, who is not related to
Sean Flanagan. ‘“‘There are no executions
pees) oe that I’m aware of and
no volunteers as far as I know.”

Dan Seaton, chief deputy district attor-

High court: No free appeal lawyers

WASHINGTON -~— The Supreme Court
ruled today that states are not required
by the Constitution to provide free law-
yers for death row inmates who lost an
initial round of rape

By a 5-4 vote, the court ruled in favor of
Virginia officials who said requiring
states to pay for attorneys in second-
round appeals could lead to interminable
delays in carrying out executions.
Nevada and 19 other states joined in with
Virginia’s appeal. Deputy Attorney Gen-

eral David Sarnowski, who handles deat!
penalty issues for Nevada, said the dec’
sion would confirm a discretion Nevad.
judges already felt they had. Since he ha:
not yet seen the decision, though, Sar
nowski said he could not be specific abou
its impact.

However, Sarnowski said in all case
where a judge feels a death row inmate i
Nevada has legitimate appeal grounds

See HIGH, page 2'

ney for Clark County and the prosecutor
of Sean Flanagan, agreed.

He said one death row inmate, Thomas
Baal, had earlier indicated he wanted to
waive his right to appeal his death sen-
tence, but now apparently has changed
his mind.

Baal was convicted for the 1988 murde:
of a Las Vegas bus driver.

Seaton said Flanagan’s decision not t:
seek an appeal came as no surprise.

Flanagan, who had pleaded guilty to th:

See EXECUTION, page 2(

7? eno

Execution 3.2.

From page 1C 6-24--F9

Las Vegas murders, became religious in

“prison and last year told ge he didn’t
want to die because he ha

That appea
ago, in a letter to state Supreme Court

found God.
1 was refused and 11 months

fdas he said-Bible study had taught

im that death was his eege) punish-
ment. He declined to further appeal the
death sentence.

Despite Flanagan’s wishes, the
American Civil Liberties Union filed a
petition with Gov. Bob Miller Thursday
afternoon seeking to halt the execution.
Miller rejected the appeal. ;

’ Flanagan spent most of Thursday
visiting with his father, mother and sis-
ter, prison officials said. The family

‘ask that his body be sent to his home
.§tate of Michigan for burial.
.. Prison spokesman John Pearcy said the

decisions arding the disposition of
Flanagan's bedy were agreed upon by the
family and prison officials and would
remain confidential.
” After 6 p.m. Thursday, no visitors were

allowed except the warden, the prison
director and prison chaplain Al Fry, who
stayed with Flanagan until he went to the
death chamber.

In the chamber, a wooden table had
been equipped with restraints resembling
seat belts. When Flanagan was led in at
1:45 a.m., he turned to the witness gallery
and mouthed the words ‘‘I love you,’’ to
Dan Seaton, the prosecuting attorney in
Flanagan’s case and a witness to the exe-
cution. 2

Eight official witnesses and 13 news
reporters watched through plate glass
windows as Flanagan was strapped to the
tablé. Officials closed blinds over the
windows while preparations were made.
At 2:01 a.m.,‘the blinds were opened and
Flanagan mouthed the words, ‘‘You’re
just a person,”’ to Seaton.

Just before the three chemicals were
injected into his body, Flanagan again
turned to Seaton and silently said, “‘I love
you, Dan.”

The chemicals were administered by
volunteers. The first drug attacked his
nervous system putting him immediately
into a coma. The second stopped his heart
and the third stopped his lungs.

|

|

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A Associated Press pete ‘a
BARSON CITY)::Nev.! —~ A’ con-
fegsed double niurderér“who said he
thqught he was”doing ‘a’ service to
sofiety when he “killed homosexual
mgn was executed by injection Friday.
aS <FIVE™ "guards Strapped ”’ Sean
Patrick Flanagan;'28, to a gurney in

the death chamber at the Nevada -
State Prison, he smiled and told
‘cutor Dan Seaton, “I love you.” -

“He has said it before,’ Seaton

Miller said:fat*the would not
ntervene andy” that “Flanagan had
ppeals avgahleif-feswanted to, stop

gan is executed, protesters of capital
ate Prison in Carson City.

double murderer —
executed in Nevada

Sean Patrick |

Flanagan /,

Apologized to his
~ Victims’ families,
. i “Thope .
stand my exocin

the execution. ;

Flanagan ‘said Wednesday that he
would not pursue appeals because he
had to pay his debt to society.

He apologized to his victims’
families and said, “I hope they'll
understand my execution is... just.”

In a statement, he revealed that he
hated his homosexuality. He said it
was. difficult for him to. determine
what made him kill men he thought
were ‘homosexual, but “the thought
that I would be doing some’ good for
our society i ert mind.” ee

Flanagan con to two murders
after he was airested in Grange, Calif,
for jaywalking. He said he ‘strangled
and «dismembered 45-year-old. chef
James Lewandowski, who had be-
friended him after he lost ‘all. his
money drinking and gamblipg, ;

The Associated Press
punishment riarc’

“AB. & The Arizona Republic |__ Saturday, June 24, 1989 _ \

|

tionis...just.”*


‘ ofl aie Si oa ie i tee .

Man Who Murdered Homosexuals
Given Lethal Injection in Nevada

6861 2 ANAL ‘AVGUA.LVS FYNOULYWN SIWLL MYOA MAN FHL

CARSON CITY, Nev., June 23 (AP)
— Sean Patrick Flanagan; who said he
thought he was doing society a service
by killing homosexuals, was executed
by injection early Friday.

‘Mr. Flanagan, 28 years old, was exe-
cuted for two 1987 murders in Las
Vegas after Gov. Bob Miller rejected a
last-minute petition from the Amer-
ican Civil Liberties Union for a stay.

Mr. Flanagan confessed to the mur-
ders of two men after he was arrested
in Orange, Calif., for jaywalking. He
said he strangled and dismembered a
45-year-old chef, James Lewandowski,
who had befriended him after he lost
all his money drinking and gambling.
Four days later, he said, he strangled a
pianist, Albert Duggins, 59, after Mr.
Duggins offered him a ride. hae:

Seaton added. ‘I’m sure he'd kill
again.”
The prisoner spent his last hours

reading the Bible. He was declared >

dead eight minutes after the lethal in-
jection was made at 2:01 A.M.

It was the second execution in five
days in Nevada, and also Nevada's
fourth and the nation’s 114th since the
Supreme Court ruling of 1976 that al-
lowed states to resume the use of capi-
tal punishment.

Governor Miller said he would not in-
tervene and added that Mr. Flanagan
had appeals available if he wanted to
stop theexecution. —

Mr. Flanagan said in an interview
Wednesday that he would not appeal
because he had to pay-his debt to soci-
ety. But he maintained, ‘‘Aiter giving

Hatred for Himself

In a seven-page statement, he dis-
closed that he hated his own homosex-
uality. He said it was difficult for him

he thought were homosexual, but ‘‘the
thought that I would be doing some
good for our society crossed my mind.”

As five guards strapped him to a
stretcher in the death chamber at the
Nevada State Prison, he smiled and
told the prpsecutor, Dan Seaton, “‘I love
you.” |

‘“‘He has said it before,” said Mr. Sea-
ton, Deputy District Attorney of Clark
County. ‘‘He means it in terms of Chris-
tian love and forgiveness.

“I think he believes he is a Christian,

but from God’s perception, no,” Mr.

my life to Jesus, I coulin’t hurt any-
body. again.” .
He apologized to the families of his

, Victims. He said, ‘‘I hope they'll under-
H ' i ad
to determine what made him kill men} Pe ee a DEORE Sid Stee

| Ex-Governor Is Qut of Prison

! CHICAGO, June 23 (AP) — Dan
| Walker, the former Governor of Illi-
nois, was released from Federal prison
in Minnesota Thursday after serving 17
months of a seven-year sentence for
fraud, his lawyer, Thomas Foran, said.
Federal District Judge Ann Williams
ordered Mr. Walker’s release Wednes-
‘day. The judge acted in response to a
motion for a reduction of Mr. Walker's
sentence because, the motion said, he is
“frail and chronically ill.’’

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Killer of 2
executed
in Nevada

Slayer \ was 2nd
inmate that state put
to death in week

ASSOCIATED PRESS

' CARSON CITY — A distal *
murderer was put to death Friday
by lethal injection for the slayings
of two men he thought were homo-
sexuals, '

' Sean Patrick Flanagan, 28, had
refused to seek appeals of his death
penalty for the 1987 killings in Las Y
Vegas. One of his victims was dis- ©
membered. =

S

After he was strapped to a gur-
ney at the Nevada State Prison,

|
|

}
|
|
|

Flanagan lifted his head and told A |

the man who prosecuted him, “y OX

love you.” He was declared dead at ly

2:09 a.m.

“He has said it before,” said
Deputy Clark County District At- S
torney Dan Seaton, who witnessed “*,
the execution. “He means it in wu
terms of Christian love and forgive- ©
ness.” s

“A last-minute bid by the Ameri- (fF
can Civil Liberties Union of Neva-
da to halt the execution was reject- ©

ed late Thursday by Gov. Robert S
Miller,

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Nevada Executes Killer

|

— He Didn't Object

Chronicle Wire Services
Carson City, Nev.

Having described his death
sentence as “proper and just,”
confessed double-murderer
Scan P. Flanagan was exccuted
by Iethal injection yesterday af-
ter refusing to pursue Jegal ap-
peals,

Flanagan, a: male prostitute
convicted of killing two men in 1987
in J.as Vegas. was strapped to a table
in the death chamber at Nevada
State Prison and administered an
unidentified lethal drug at 2:01 a.m.
Hie was pronounced dead eight min-
utes later.

After being strapped down, the
28-vear-old killer and professed
born-again Christian lifted his head,
smiled at the small group of witness-
es and told prosecutor Dan Seaton,
“You are a just man.”

He laid his head back for a few
seconds and then turned again to
Seaton and said, “I love you.” Mo-
ments later, he closed his eyes and
never opened them again.

The Clark County deputy dis-
trict attorney, who has put 12 men
on Death Row, later said he was
pleased the execution had taken
place. “My first thought as he was

dying is that society is safe from:

him,” he said.

Flanagan. was convicted 6
strangling James Lewandowski in
motel room; he said the victim ha
made homosexual advance. He cu

up Lewandowski's body, put itin =
garbage bag and threw it in a nea: |
by dumpster. Four days later, hy

strangled Albert Duggins ina car. |

Flanagan, a former Marin: ,

said be began prostituting himse

after he went broke gambling. |

He told the Associated Presé {
an interview Wednesday that b

would not pursue appeals that cou |

prevent his execution.

“I'm just as wicked and nasty. |

Ted Bundy (the serial killer exect

ed in February in Florida). I belie: |
if 1 had not been arrested, wou |
have ended up being another T: |
Bundy -against naseatcaimeretl 1}

said.
On shaidas: ‘Hecaaa execute |

multiple-murderer William Thor .

son.


STATE v. FOUQUETTE Nev. 419
Cite as 221 P.2d 404

After the jury were recalled, the confes-
sions were admitted in evidence, and, with-
out objection on the part of appellant’s
counsel but with his express consent, en-
tered in the record, the testimony taken in
the absence of the jury, to determine the
admissibility of the confessions, was read
to the jury; and the court submitted the is-
sue of voluntariness to the jury by in-
struction 26a, which read: “You are in-
structed that, before you can consider any
alleged confession of the Defendant as evi-
dence against him you must believe that
such alleged confession was freely and vol-
untarily made, and was not the result of
inducement, coercion, intimidation, threats,
violence, promises or duress exercised by
any officer of the law, or any other person,
upon the defendant. Unless you believe
that such alleged confession was freely and
voluntarily made by the Defendant, with
knowledge of its meaning, then you must
disregard such confession entirely from
your consideration.”

Whether the voluntariness of the con-
fessions admitted in evidence in this case
by the court is a question that should have
been submitted to the jury for determina-
tion, is not before us and cannot be decided.
That question is one about which the courts
have not been able to agree. State v.
Compo, 108 N.J.L. 499, 158 A. 541, 85 A.
L.R. 866, and note;. State v. Crank, 105
Utah 332, 142 Pi2d 178,170 A.L.R: 542,
and note. Although: discussed in State v.
Williams, 31 Nev. 360, 102 P. 974, 979, the
question was not raised in that case, and
the conclusion there reached, aside from

’ being obiter dictum, is too uncertain to be

understood. See Notes 85 A.L.R. 871 and
904. In no event, however, is appellant in
any position to complain, because, as said
in the Williams case:

“Tf the defendant’s contention that it is
the duty of the court to determine whether
the confession was voluntary be conceded,
and the court found that there was evi-
dence to indicate that it was voluntary, al-
though the testimony was conflicting, and
thereupon allowed proof of the confession
to go to the jury, the submission to the
jury of the conflicting evidence as to wheth-
er the confession was voluntary would be

beneficial rather than prejudicial to the
defendant, and consequently no ground for
reversal,”

[37] Moreover, even if the court erred
in admitting in evidence the written con-
fessions, appellant was not prejudiced
thereby, for the reason that he became a
witness in his own behalf, and testified
substantially in accordance with the confes-
sions, State v. Johnny, 29 Nev. 203, 219,
87 P. 3; State v. Williams, supra, 31 Nev.
360, 367, 102 P. 974; State v. Urie, 35 Nev.
268, 274, 129 P. 305; State v. Williams, 67
Nev. —, 219 P.2d 184, 189,

[38] As to the third ground, the record
shows that the procedure adopted by the
court with reference to the matter was not
only consented to by appellant’s counsel,
but was in part suggested by him, and that,
without objection, and without request that
any witness be again examincd, he actually
assisted in reading to the jury the testimony
as to the voluntariness of the confessions,
which, at his request, had been taken be-
fore the court in the absence of the jury.
Nothing more need be said.

[39] As to the fourth ground, the so-
called “civilized standards” rule for the
guidance of federal law enforcement offi-
cers and lower Federal Courts, which pre-
cludes the admission in evidence of a con-
fession when obtained before the defendant
was taken before a magistrate, pronounced
in McNabb v. United States, 318 U.S. 332,
63 S.Ct. 608, 87 L.Ed. 819, the case so
strongly relied upon by appellant, and later
followed by the same court in subsequent
decisions, is not binding on this court,
which, following the majority rule in the
state courts, has properly held that a vol-
untary confession is not rendered inadmis-
sible because obtained after defendant was
taken into custody and prior to the time he
was taken before a magistrate. State v.
Boudreau, 67 Nev. —, 214 P.2d 135, 139-
142; State v. Williams, 67 Nev. —, 219
P.2d 184, 189-190,

As to the fifth ground, appellant neither
argues the matter nor cites any authorities.
We quote from the annotation in 93 L.Ed.
117;

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418 Nev.

5. Appellant’s rights under the Four-
teenth Amendment were violated.

734] As to the first ground, the term
corpus delicti, as applied to homicide cases,
involves two elements: first, the fact of
death; and, second, the criminal agency of
another person as to the cause of death.
State v. Crank, 105 Utah 332, 142 P.2d 178,
170 A.L.R. 542, 549; State v. Jeannet, 183
Or. 354, 192 P.2d 983, 984; 41 CJ.S.,
Homicide, page 5, § 312, notes 1-2; Under-
hill’s Criminal Evidence, 4th ed., sec. 35,
note 9.

By the great weight of authority, the
criminal agency of the accused, Or, as
sometimes stated, the identity of the per-
petrator of the homicide, is not an element
of the corpus delicti, notwithstanding a
contrary statement in Wharton’s Criminal
Evidence, quoted with approval in State v.
Teeter, 65 Nev. 584, 200 P.2d 657, 674.
Ausmus v. People, 47 Colo. 167, 107 P. 204,
19 Ann.Cas. 491, 494; Lowe v. People, 76
Colo. 603, *24 P. 169, 173; Antone v.
State, 49 Ariz. 168, 65 P.2d 646, 651; Peo-
ple v. Meyers, 7 Cal.App.2d 351, 46 P.2d
282, 283-284 ; People v. Leary, 28 Cal. 740,
172 P.2d 41, 44; State v. Willson, 116 Or.
615; 241 P. 843, 845-846; State v. Hender-
son, 182 Or. 147, 184 P.2d 392, 411, 186 P.
2d 519; People v. Manske, 399 Ill. 176, 77
N.E.2d 164, 163; State v. Fitzsimmons, 338
Mo. 230, 89 S.W.2d 670, 673; Bickett v.
Commonwealth, 294 Ky. 671, 172 S.W.2d
439, 440; Murray v. United States, 53
App.D.C. 119, 288 F. 1008, 1015-1016, cer-
tiorari denicd 262 U.S. 757, 43 S.Ct. 703,
67 L.Ed. 1218; Underhill’s Criminal Evi-
dence, 4th ed. sec. 545, note 2; sec. 35, note
6; Nichols Applied Evidence, Murder, vol.
4, pages 3282-3283, sec. 364, notes 12-14;
26 Am.Jur., Homicide, page 475, sec. 461,
notes 18-19, 1-4; 4! C.J.S., Homicide,
page 6, § 312, notes 3-5; Wigmore on Evi-
dence, 3rd ed., vol. 7, page 402, sec. 2072,
note 4.

As said in Wigmore on Evidence, supra:
“A third view, indeed, too absurd to be
argued with, has occasionally been ad-
vanced, at least by counsel, namely, that the
‘corpus delicti’ includes the third element
also, i. e. the accused’s identity or agency

Ee Se a

921 PACIFIC REPORTER, 2d SERIES

as the criminal. By this view, the terms
‘corpus delicti’ would be synonymous with
the whole of the charge, and the rule would
require that the whole be evidenced in all
three elements independently of the ,con-
fession, which would be absurd.”

[35] The evidence, in addition to that
bricfly stated in discussing the preceding
assignment of error, shows that there were
two furrows, approximately two inches
wide and one-half inch deep, extending
from the highway to the victim’s body, be-
tween which furrows there were three
large blood spots, one situate five feet from
the edge of the highway, the second two
fect four inches distant from the first, and
the third twenty-one feet distant from the
second and eighteen feet distant from the
victim’s chest.

Although no witness so testified, it is
certain that the furrows could only have
been made by the victim’s heels, as his
body was being dragged from the highway
to the place of conccalment, and that the
blood spots could only have been made
when the perpetrator of the crime placed
the body on the ground while resting en-
route.

Such evidence, entirely independent of
the confessions and of appellant’s oral tes-
timony, clearly established the fact of
death and that such death resulted, not
from accident or suicide, but from the
criminal agency of another person. Thus,
both elements of the corpus delicti were
proved—not beyond a reasonable doubt, but
beyond all possible doubt.

[36] As to the second ground, the rec-
ord shows that the court, in the absence of
the jury at the request of appellant’s coun-
sel, heard the testimony of appellant that,
before confessing, he was furnished induce-
ments, threatened with injury, and given
promises, and the contradictory testimony
of the other witnesses present when the
confessions were made, and ruled that the
confessions were voluntarily given. In do-
ing so, it said: “The Court concludes from
the evidence that there were no promises,
inducements, or other circumstances which
would show that the confessions were in-
voluntary.”


‘STATE v. FOUQUETTE Nev. 417
Cite as 221 P.2d 404

perpetration of that crime in the statutory
sense. State v. Adams, 339 Mo. 926, 98 S.
W.2d 632, 108 A.L.R. 838, 844; MacAvoy
v. State, 144 Neb. 827, 15 N.W.2d 45, 48,
certiorari denied 323 U.S. 804, 65 S.Ct. 559,
89 L.Ed. 642; 40 C.J.S., Homicide, page
870, § 21, note 70.

[29] The res gestae embraces not only
the actual facts of the transaction and the
circumstances surrounding it, but the mat-
ters immediately antecedent to and having
a direct causal connection with it, as well
as acts immediately follwing it and so
closely connected with it as to form in
reality a part of the occurrence. People
y. Bush, 56 ‘Cal.App.2d 877, 133 P.2d 870,
873; 8 Cal.Jur., Criminal Law, pages 96-97,
sec. 193, notes 2-5.

[30] In this case, the murder was
clearly within the res gestae of the robbery,
because it was so connected and associated
with the robbery as to virtually and effec-
tively become a part of it. Under no pos-
sible theory can it be properly said that the
murder was committed as an independent
act disassociated from the robbery. It is
certain, therefore, that the murder was
committed in the perpetration of the rob-
bery, within the true intent and fair mean-
ing of the statute, even though we assume
that the bag of money was the only personal
property taken in the robbery and that ap-
pellant secured possession of it at the
service station. But it is not necessary that
we so assume, because appellant’s own test1-
mony shows that appellant probably did not
secure possession, and that he certainly did
not secure control, of the money, until
after he killed the attendant. Furthermore,
appellant does not even claim that he ac-
quired control or secured possession of the
attendant’s watch, admittedly a part of the
personal property taken in the robbery,
before he killed the attendant.

[31] It makes no difference in this case
whether appellant unintentionally killed the
deceased, as he claims, or whether the
killing of deceased by appellant was inten-
tional, as the jury might well have found,
because one who kills another in the perpe-
tration or attempt to perpetrate any arson,
rape, robbery, or burglary, is guilty of mur-

221 P.2d—27

“LFS OS

der in the first degree by force of the
statute (Sec. 10068, N.C.L.1943-1949 Sup-
plement), regardless of any question wheth-
er the killing was intentional or uninten-

tional. State v. Gray, supra, 19 Nev. 212,

219-220, 8 P. 456; People v. Denman, 179°

Cal. 497, 177 P. 461; People v. Sameniego,
118 Cal.App. 165, 4 P.2d 809, 811, 5 P.2d
653; Commonwealth v. Almeida, 362 Pa.
596, 68 A.2d 595, 610; Rhea v. State, 63
Neb. 461, 480, 88 N.W. 789, 793-795; 40
C.J.S., Homicide, pages 868-869, § 21a, note
60. |

[32] Thus, it is seen that instruction 16,
although not technically correct in all par-
ticulars, and not approved in its entirety
as a matter of law, was more favorable to
appellant than justified by law and not pre-
judicial to him.

[33] Instructions 18, 20, 21 and 24, the
giving of which were assigned as error,
are not discussed by appellant. Instead, he
discusses instructions 9, 11, 17B(2), 26a and
31, the giving of which were not assigned
as error. Besides, the record discloses that
the only objection made in the trial court
to the giving of any instruction was to
instruction 24, which objection was upon
the ground only that instruction 24 was
covered by other instructions—that instruc-
tion 23 covered the law of the case. As
that objection is wholly without merit, and
as the record also discloses that in reply to
a question by the court, “Do counsel have
any objections to any of the instructions?”
appellant’s counsel answered “No”, further
comment is unnecessary.

Appellant next contends that the court
erred in admitting in evidence two written
confessions obtained the day of his arrest
by investigating officers, because:

1. There was no independent evidence
of the corpus delicti;

2. The confessions were not voluntary;

3. The witnesses, whose testimony as to
the voluntariness of the confessions was
heard by the court in the absence of the
jury, were not re-examined in the presence
of the jury;

4. The confessions were obtained before
appellant was taken before a committing
magistrate; and

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420 Nev. 221 PACIFIC REPORTER, 2d SERIES

“Although the Fourteenth Amendment pellant, which statements were not only
leaves a state free to adopt by statute or privileged communications between physi-
decision such tests of the voluntariness of cian and patient but violated appellant’s
a confession of guilt as it may elect, wheth- constitutional right of immunity from self-
er or not they conform to those applied in incrimination.
the Federal or in other state courts, and As no objections on these grounds were
although, on a review of state convictions, made to the questions which elicited the
all those matters which are usually termed evidence now claimed to have been im-
issues of fact are for conclusive determina- proper and prejudicial, its admissibility will
tion by a state court and not open for re- not be considered. State v. Lawrence, su-
consideration by the Supreme Court of the pra, 28 Nev. 440, 449, 82 P. 614; State v.
United States, the court is not precluded Mangana, supra, 33 Nev. 511, 522, 112 P.
by the verdict of a jury, or by the finding 693; State v. Clarke, supra, 48 Nev. 134,
of a court, or both, from drawing a con- 140, 228 P. 582, 583; State v. Jukich, supra,
clusion from «uncontroverted happenings 49 Nev. 217, 236, 242 P. 590.
and determining whether the circumstances Appellant next contends that the court
under which the confession was made were committed prejudicial error in allowing Dr.
such that its admission in evidence amounts Philip Work to testify as to statements
to denial of due process. made by appellant to him.

“Where the evidence as to the method In effect, appellant’s objections are: (1)
employed to obtain the confession is con- that the testimony was privileged, in that
flicting, the Supreme Court will accept the the relation of physician and patient ex-
determination of the triers of fact as to its jsted; (2) that it constituted a violation
voluntary character, unless such determina- of appellant’s constitutional right not to be
tion is so lacking in support in the evidence a witness against himself; (3) that it vio-
that to give it effect would work that fun- fated the rule of the Veterans’ Administra-
damental unfairness which is at war with tion that no information can be taken from
due process.” (Italics supplied.) a defendant without his written consent;
and (4) that it is improper rebuttal testi-
mony.

As to the first objection, appellant relies
upon that portion of the statute which
reads: “A licensed physician or surgeon
shall not, without the consent of his patient,
be examined as a witness as to any informa-

[40] As previously shown, both the
court and the jury found that the confes-
sions were freely and voluntarily made. We
have carefully read all of the testimony up-
on which such findings were based, and
upon which appellant claims that the con-

fessions were obtained by inducements, © peg
threats and promises. Although conflicting, tion acquired in attending the patient, which

in that appellant’s version differs from was necessary to enable him to prescribe or
that of the other witnesses, the testimony ¢t for the patient;” Sec. 8974, N.C.L,, as
clearly shows that, preliminarily to their
introduction in evidence, the confessions
were made freely and voluntarily, not the [42] There are several reasons why
“result of torture, physical or psycholog- this statute has no application whatever to
ical,” and without inducements, threats, or this case, among which are the following:

Supplement.

the use of coercion or intimidation, and (a) Dr. Work was not a “licensed physi-
without promise of reward or immunity ¢jan or surgeon.”
from punishment, or other promises. ; “3

P ’ P The words “licensed physician or sur-

[41] Appellant next contends that the gceon”, found in this section, were clearly
court committed prejudicial error in al- intended to apply to a person not prohibited
lowing Dr. Otto L. Gericke, Superintendent by the statute “regulating the practice of
and Medical Director of the Patton State medicine, surgery and obstetrics in the
Hospital, to testify against appellant as to State of Nevada”, Secs. 4090-4107, N.C.L.
treatment of and statements made by ap- from practicing, because it is only such a

amended, Stats.1949, 525, 1943-1949, N.C.L.

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12 117 PACIFIC REPORTER

that counsel for the defendant did not prop-
erly lay a foundation to impeach the juror’s
testimony by bringing his questions within
the rule above stated as to when proof of
hereditary insanity may first become ad-
missible.. Juror Sands was afterwards per-
emptorily challenged by the defendant and
did not serve on the jury.

[11] We do not believe the court erred
in failing to appoint triers to determine the
challenge for actual‘bias interposed by the
defendant against talesman Charles Sands
for the following reasons: In the first place,
it does not appear anywhere in the record
that defendant ever requested or demanded
of the court to appoint triers, and in con-
sequence there is no valid exception be-
fore us. The only remark made by counsel
relative to triers was, “We think it should
be put up to triers.’ What counsel “think”
cannot be construed as a demand. “It is
error for the court to refuse to appoint
triers in any case where they may be de-
manded, and such demand is properly made.”
Cye. vol. 24, p. 348, and authorities cited.
“The usual mode of disposing of challenges
for favor is by triers, though doubtless the
judge may hear and determine the matter in
case triers are not demanded. Regarding,
therefore, the challenge in this case as to
favor, and the judge acting in the place of
triers, we must consider his determination
precisely as we would that of triers duly
appointed, and hence conclusive.” Shoeffler
y. State, 3 Wis. 830. ‘The law allows triers
for the benefit of the prisoner, or the people.
Either may waive it. ‘Quilibet protest re-
nunciare pro se introducto,’ is a maxim of
universal application. The prisoner may
even waive lis right to a trial, at the hands
of a jury, of the merits by pleading guilty.
Having this power, no one will pretend that
he cannot consent to anything else. He
may waive any matter of form or substance,
excepting only what may relate to the juris-
diction of the court.” People v. Rathbun,
21 Wend. (N. Y.) 542.

[12] Assuming that a proper demand was.
made, which the record discloses to the
contrary, the examination of the juror Sands
discloses, up to the point where counsel claim
that triers should have been appointed to
determine his actual bias on the ground of
hereditary insanity, the testimony of the juror
on his voir dire discloses that he had no
actual bias to the Jegal defense of insanity,
but an abstract prejudice against the form
of hereditary insanity, which matter we have
above discussed and disposed of. The law
allowing triers to be appointed by the court
is seriously attacked as unconstitutional by
counsel for respondent, as an unwarranted
usurpation of the legislative branch of the
government on the vested constitutional
rights and powers of the judiciary, and be-

(Nev.

cause the appointment of triers assumes a
delegation of judicial authority which. the
judiciary cannot, under the Constitution,
delegate to others. It is unnecessary to
pass upon the constitutionality of this law,
for the reasons we have heretofore advanced,
showing no error in the ruling of the court
by reason of its failure to appoint triers to
determine the testimony of the juror under
consideration. ‘

{13] The court did not err in admitting
state’s Exhibit No. 1, a knife, over the ob-
jection of the defendant. It is maintained
the knife did not tend to prove any of the
facts at issue in the case, for the reason that
the indictment set forth that the assault. on
Mrs. Heslip was perpetrated by a gun, and
not a knife, and because it tended to prej-
udice the jury. ,

It is claimed by the defendant, in extenua-
tion of his crime, that he was so drunk or
insane he did not know what he did. Prior
to the introduction of this exhibit, there was
testimony by the state showing that the de-
fendant bad a motive in the commission of
the crime for which he was indicted; that
he had illicit designs on Mrs. Mann; that
these designs the Heslips gave their aid to
frustrate, and in so doing aroused ‘and in-
cited the defendant to hatred against them.
It was shown that, notwithstanding the de-
fendant claimed to be drunk or insane and
knew not what he did, that he resisted ar-
rest by one Dunn by stabbing said Dunn in
the shoulder with a knife, and resisted until
overpowered and disarmed, but freely gave
himself up to’ arrest when he was in the
arms of an officer on whom he could rely for
protection and seek his aid, in hurrying him
to the jail, against the mob, who were yell-
ing, “Lynch him!” The exhibit was prop-
erly admitted in support of the contention
of the state in opposition to the assumed
defense of, insanity which defendant was
interposing, and was beyond any question of
a doubt admissible.

A careful review of the entire record con-
vinces us that the cause was carefully tried
and the rights of the accused jealously and
well guarded, and that he was accorded a
fair and impartial trial. The record shows
no prejudicial error to have been committed.
The judgment of the lower court sentencing
the defendant to be hanged by his neck until
he be dead, and the order denying the motion
for a new trial, will therefore be affirmed.

The district court is herewith ordered to
fix a time wherein the judgment of death,
heretofore pronounced against the defendant,
for the murder he willfully committed and for
which he was regularly convicted, be carried
into execution by the warden of the Nevada
State Prison, as provided by law. It is so
ordered,

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Ney.) STATE vy. CASEY 11

case, or any case, that an absolute state of
insanity existed in an individual during the
time that he is charged with having com-
mitted a certain crime, and that state of in-
sanity was superinduced by aleohol, would
you not, under the instructions of the court,
if they were in that direction, aecept that as
a defense? A. I would certainly pay atten-
tion to the instructions of the court. Q. And
if you were convinced that the individual
was insane, notwithstanding the fact that
his insanity was superinduced by alcohol,
would you then acquit him? Let me ask
that again, if you don’t understand it. If
you were convinced in a case where the plea
is insanity that the individual was insane
at the time he committed the act, and that
jnsanity was superinduced by alcohol, and
the court instructed you that it didn’t make

any difference what the cause of insanity.

was, and you were convineed that he was in-
sane, would you acquit him? A. I would go
eutirely by the evidence and the instructions
of the court. Q. And if you were convinced
that he was insane, you would acquit him,
would you not? A. Well, I expect I would
have to. The Court: Q. If a man is insane,
and wholly irresponsible, doesn’t know the
difference between right and wrong, or has
no will power no matter what that condition
of mind is caused by, would you find him
guilty of an act of this character? A. No; I
don’t think so. Q. If he was devoid of will
power, prought about by any agency, at the
time the act was committed, would you hold
him responsible for his act? <A. Well, this
is pretty hard, Judge. If it is brought on
by alcohol, I don’t know what I would do in
that case. Q. Would you follow the instruc-
tions of the court as to your duty in that
regard? <A. I would. Q. Do you mean that
you simply would serutinize more closely, or
that you would scrutinize closely, the cause
of the insanity in case it was alleged to have
been brought about by alcohol? A. Yes, sir.
Q. But if you found that a man was wholly
irresponsible on account of alcohol, would
you find him guilty, if he was wholly irre-
sponsible on account of that? A. On account
of alcohol? Q. Yes. A. I would, unless the
court instructed otherwise. Q. Suppose the
court should instruct you that a man could
not be found guilty of a crime, if he was ir-
responsible from any cause? <A. I would
take the instructions. The Court: I think
the juror is qualified.”

The examination discloses that the juror
would give proper weight to any proper de-
fense of insanity which the instructions of
the court might have required him to give.
It is evident from an examination of the
void dire of Juror Sands that, while to a
certain extent prejudiced gainst crime com-
mitted by those who may thereafter attempt
to prove hereditary insanity, or insanity by
reason of an unbalanced mind superinduced
by liquor, or commonly referred to as acute
alcoholic insanity, yet, if it were shown by

eompetent evidence that the defendant, a*
the time of the commission of the crime, was
legally insane under the evidence adduced
and the instructions of the court, the juror
under consideration would give proper ered-
it to such a defense.

19] Counsel for the defense seem to fail to
grasp the distinction and understand the dif-
ference between insanity as a defense, and
the forms of insanity which are first mat-
ters of evidence to be offered and proved;
and that, if a defense of insanity is inter-
posed by counsel for defendant to excuse his
act and relieve him of criminal responsibili-
ty, it becomes a matter of evidence, the ad-
missibility of which has first to be passed
upon by the court, to determine the form or
character of insanity ; and whether the form
or character of insanity be hereditary or su-
perinduced by the excessive use of alcohol,
or otherwise, it then becomes a question of
law to be determined by the court as to
whether or not the form or character of in-
sanity attempted to be proved is recognized
as a legal defense, and if recognized or not
to be covered by proper instructions covering
the limitations under which it may be con-
sidered by the jury.

he Supreme Court of Pennsylvania, in the
ease of Laros Vv. Commonwealth, 84 Pa. 200,
very properly observed: “A court is not
bound to hear evidence of the insanity of a
man’s relatives (or other collateral or sec-
ondary evidence) as grounds of a presump-
tion of possible insanity, until some evidence
has been given that the prisoner himself has
shown signs of his own insanity.”

[10] In Rice on Evidence (Criminal) vol-
ume 3, that learned autbor tersely states
the rule which should govern courts regard-
ing the allowance or rejection of a challenge
to a juror where he admits some prejudice
in the abstract against an accused who sets
up a plea of insanity as a defense for crime,
which isas follows: “Lhe existence of a mere
abstract opinion, in which no element of
malice or unnecessary prejudice enters, can
certainly form no just ground for the rejec-
tion of a juror, even where he admits that
the defense of insanity, owing to its gross
abuse, would raise some feeling of hostility
to the accused. If the evidence shows that,
notwithstanding this feeling against this de-
fense, the juror can still be guided to his
verdict by the testimony in the case, unin-
fluenced by any feeling of bias, he is compe-
tent as a juror.”

Reviewing the whole record, we are of the
opinion that the challenge for actual bias
interposed against the Juror Sands, because
of his opinion regarding acute alcoholic in-
sanity as a defense, was not substantially
taken, and that the court did not err in deny-
ing the challenge. Neither was there any
error committed by the: trial court in re
fusing to allow the challenge to Juror Sands,
because said juror stated he did not be-
lieve in hereditary insanity, for the reason


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“But, ” ‘added ' Judy Newton,
“we'll miss talking to him and know-
‘ing him. At
away. from his personal hell."

Ipast ‘we'll know: he’s”

(TPS
“cole was born in Sioux City,

lowa, and raiséd by an abusive and
adulterous mother, who beat him,

. humiliated him and forced him to

“Only about! a dozen opponents |

of the death penalty braved the sub-
“freezing temperature to hold a qui-

(et, candlelight vigil:in the prison
parking lot: They. prayed for Cole,
his victims and the authorities who
were executing pitt

i a

“We cannot wines the depar-

, ture of a life and ignore that fact,”
® said Rabbi Myra Soifer, a leader of
sag medline ‘ain
: After ‘eating hig feat heal of”
i, {ried jumbo, shrimp, , fone fries,
tossed salad ‘with French dressing,
clam chowder and ice cream, Cole’
spent the last day of his life watch-
_ ing television, listening to the radio,
writing letters and playing cards.

He contessed ‘his sing to. the

* prison’s Catholi¢ chaplain, and re. |

ceived Communion a few Route he-
for.his execution?

re

Although Cole was ss cohvicted of.

“only five murders — three in Texas

accompany her on her sexual esca-
pades when he was a child.

~The unhappy family moved to :

Richmond, Calif. when he was
about 2 years old. Cole said he com-

mitted his first murder in Rich- -

mond when he was 8. He drowned a
playmate who teased him about his
first name, Carroll,

Cole grew into a violent alco-
holic, who drifted around the coun-
try and preyed on women he picked
up in bars. His victims included the
child in Richmond, three women in

‘Dallas, one in Casper, Wyo., one in

4h a

“and two in Nevada — he’ admitted «

killing 14 people over the years, At
another point, he boasted of ht
j yi let 35 people...

aH

mata tye

Oklahoma City and two. in Las
Vegas.

Of the. women he strangled,
Cole said, “I never felt anything.”
He said he was murdering his moth-

_ er through them.

|

The week before his execution,’

Cole agreed to donate his brain to
doctors to allow them to examine it

» for sigris of lesions, disease or dam-

age that could account for po mur-,
derous behavior.

Franc ste . Cheenicle. PAGE: 6

because it.
. sounded feminine. ve t 4

i


| Eyewitne

vndietete, Er

+

‘Lost Mo

Rt

ne west lay

“.

biography. ty

When he saw them ihatching
‘through the window of the death
‘chamber, he smiled slightly,

| “T. appreciate it,” he said,
‘mouthing the words. “How's it go-
jing?" They waved back, with tears
“in their eyes, I ‘

‘ Then he turned his gaze to the

ceiling, where two light bulbs illu-
«minated the death scene,

The curtains were drawn for
, about seven minutes as a three-man

:execution squad, volunteers from «
-the prison. staff, inserted intrave..

nous needles into each arm and con-
nected electrocardiograph leads to
i his chest.

| At 2:05 a.m:, the shades were
lifted. Cole's face remained impas-

. Sive as he mouthed his last words to

: the Newtons. “It’s all right. It's OK."

He turned to the ceiling, his eyes

) blinking rapidly as he awaited
eath. Vert ts 96

;

In hardly more than a heart-
beat,
.George Sumner nodded a signal to
: Warden Harol Whitley,’ who- re.
‘ layed the order for the executioner

to Inject Cole with three deadly
-drugs that killed his brain and para,
‘ lyzed his heart and lungs.

As the poisons entered ‘his

‘body, Cole's eyes closed, he coughed «
and his breathing grew shallow. At ; ;
2:08 his body jerked in three convul-) “Justice should be swift if it is to

sions and he fell still, and the elec.
, trobardiograph machine read "00,"

He was pronounced dead at”

2:10 a.m. The authorities said his
death was painless. i

Few people mourned his pass-
Hing c tet tas Bt

“It was certainly a more merc{-*
' ful way to die than he allowed his .

: victims," said Clark County Chief

_ Deputy District Attorney Dan Sea: °

ton, who prosecuted Cole and. wit-
‘ nessed the execution. “I feel good

about this. It shows" the system’!

‘works.”
Cole had stubbornly refused to

a down, *
-Cole looked: around him. for, his “4

‘friends, Mike and Judy Newton, Las)
Vegas authors who are writing his»

2 4 a te es

OF Snipe wt

Nevada . Prisons Director ,

Me th

e 5% Franti sce
SS ‘Chrronicle”

Toa Killer’s.2%3's.

Sareea

ments (-)</

ct

+4
ae
’E

ASTER, iy

“I think my crimes deserve the
death penalty,” he said earlier this
year. “Why prolong a déspicable
person’s life who acted as judge,
jury and executioner to the people
he murdered Without regard to the

yVbetims? yyy, :

* “Prisons Director Sumner, the
hard-nosed former. warden of San
Quentin, could not have agreed’
more. “I believe in the death penal-
ty, and I believe it's a deterrent.

have any meaning.” z

~ It was the first time that Neva:
da had executed a person by lethal
injection, and it was the state's first
' execution since 1979, ae
,.., Suniner sald the method Is the:
;Most humane means of taking a
murderer's life. °° ‘i
* Even the Newtons, although.
saddened by Cole's | execution,,,
j, greed that their murdérer friend
. Bot what he deserved. ee

-“Ithink the death penalty in his
casé {8 fair and appropriate,” said ,
Mike Newton. “I’m satisfied that he

- Appeal his death sentence for stran-”' got what he wanted. The last time ’

"Bling two Las Vegas women, and he
‘repeatedly expressed his wish to
die, 2. P kL:

Chee
ered vis ba pee

,/ We spoke, Eddie said he was ‘a kill-
er, convicted and condemned. Case
closed, Next case,’ "' f

¥

By Asrociated Prew .

‘ta The body of Carroll Edward
> Cole was moved (right) toa
“mortuary in Carson City after

egg his execution by injection .

Aa me i tie

J

aro aeromerrarnce :
“SF Chronicle
SATURAGY (2-7-5

A Killer’s

foeneen? me” 7
<" Least

Moments
wes. By Kevin Leary

bp ee Chroniclp Correspondent
Carson City

** Carroll Edward Cole’s eyes
stanned the solemn faces of 26
witnesses as he stepped calmly
into the Nevada State Prison
execution chamber yesterday,
a few minutes before he died by
lethal injection.

He was Jooking for his only
friends in the world.

~ Nine official witnesses and 17
reporters, including this correspon-
dént, stood outside the windows
and watched silently as the 5-foot-6-
per Cole, the admitted killer of 14

;

eoplé,-was escorted into the con-

érted gas chamber by four grim-
faced guards, ©

” The 47-year-old serial killer was
brought to the execution chamber

t, 1:44 a.m. He was lifted onto a
padded: table and restrained by

‘Page 6 Col, 1


priesiner ty righ 7 Dae. aa Se

SGA FS,
as 8 far
ker: |

a She PERE ee
a Sy AN EON SANE SN A Set


From Page One

{ 5 a. q .

man said Cole told him he killed 35 People, “Carro}].” ; 80t 80 no woman is safe around me.” Witness, not a Suspect, and he walked awzy-
a ghris Bowman almost all of them women “ vO autin objects of his anger were wom. Cele lett his; home in Sioux cite lowa, at after questionine Bie ae
: Edward Marshall, Cole's Las Vegas attor- en, O’Gorman Sald. Cole said he had an un- to join th avy and wag honorab] ven after Cole ve Dallas iny,
* Carroll Edward Cole would have made a ney, said Cole has shown remorse for some controllable urge to kill women who remind- arged less than two years later €then  detaileq Confessions to urders in F
tough Case for any lawyer Who tried to build of his crimes, Particularly an attempt to kill ed him of h mother. He claims his mother Spent more than half his life in jails, Prisons estern states, only one police departmen
§ defense for him. 4n 11-year-ojg girl in Missouri, abused him as a Child and that he resent or mental Institutions, He Voluntarily en. Las Vegas — bothered to Send detectives
® The 47-year-old drifter blamed NO one but Carly all of fae victims were lonely, her for having sexual affairs behing his fa- tered California State menta} hospitals in Na- to check it out.
himself for his outrageous crimes. He free! pelgnbenies women who took Solace in ther’s back,

; ] In San Diego, Police said the three mur-
bars. He told O’Gorman that “I went around the country killing certain Most of his, life out of Prison was Spent in
ed the courts he many of those w; €n were prostitutes. He Pes
y

ders Cole Said he committed were not listed
rm om ty; of women that reminded me of my California, 48 homicides by the Medical examiner, so
would continue to kill if the released him. typically Picked up his victims in bars, went mother,” Cole Said in 4 statement last year to He said he had three wives but no chil- they weren't 80ing to do anything. ‘
d e. S€cond wife in Prosecutor 4nd prison Officials said th |

believe Cole Was sincere when he told them }
al record runs Pages and in- that he wanteq to be killed to keep bimse}s
Notations as auto theft in Sacra- from killing others,

Fe, ee

And every Court- on heayy Tinking bouts with them, then Nevada parole Officer Richard L. Ainsworth. dren. He saig he strangled his
appointed Psychiatrist who examined him Strangled them, a » San Diego.
Was sane. ey Were sq intoxicated they Couldn't ' Serving life sentences for the November His crimin
Cole has confessed to 13 killings in Catifor. resist,” Gerald Rob

Obinson, a Dallas police in- 1980 murdeérs of three middle-aged Dallas Cludes such
nia, Nevada, Texas and Oklahoma. Prosecu- vestigator, said of the three Dallas victims, women.

mento, auto Violations jn Placerville and “There's g Moral streak in him that has
tors say he provided enough detail to Satisfy Robinson also said Cole revisited the body “I have no remorse for any of these kill- Several drunken driving Violations else. Surfaced,” Las Vegas Prosecutor Daniel Sea.
authorities that he Probably committed at of one of his victinis days later ang had sex _ ings,” Cole said in the Statement, “In five where.

th it. ‘

t

‘

;

: f

ton said shortly before the execution. “He |

more years, I'll be eligible for Parole from That Cole was Not arrested for other mur. means it when he Sald society wii Only be {
He was Convicted of killing five women — Cole has told Psychiatrists that his urges to t

u

. , ders seems remarkable in retrospect. benefited by his death.”
three in Dallas 4nd two in Nevada. ki Ban as a teenager. He Said his first is not the hardest thing to do from Texas, Tho
But there may have been

Se, Cole's willingness to die b& rah
many more kill- murder was of a boyhood Playmate he Said “I don’t want to kill again, but I know Iwill the body of murder victim Sally Thompson “last good act for Society. I've heard of no
Ings. Las Vegas Psychiatrist William O’Gor.- he drowned for making fun of his name, ig I'm ever allowed to Parole or escape, It’s in Dallas, they apparently Considered him a .

Kill 9 women

Continued from page Al ney, a flat, foam-paddeq wooden man Stood stiffly in & corner, no
showed up Outside the Prison to Pro- block resting on a 3-foot-high Plat-

a
flicker of expression crossing his Cole. Said
test his execution. “It's more difficult form. His 5-foot-7 frame was too face. :
{0 generate emotion in a Case like Small for all of the eight restraining

; ‘
this,” said Rabbi Myra Soifer of the belts Spaced along the length of the : m. Cane shades reopened at 2:05 h e y d k j ] | e d
Temple Sinai in Reno. gurney; guards fastened Only six of 4-m., . an
Cole had no relatives, friends or them eround Cole. They aigo each forearm and a 6-foot long clear

acquaintances asking Officials to Strapped his ankles and Wrists to the song hae ae ‘ae By Chris Bowman
Spare his life. The only appeal came table with fleece-line leather re. sake f the cealed contro! ms Bee Sierra Bureau
from three Nevada inmates who straints, mim concealed co apne

; One of the tubes was for backup, offi- These are the nine women Carrol]
didn't even 8et his first name right z
— Eugene, they called him — in Cole only once turned his head to Cials said, Edward Cole told Dallas investiga

their hastily drafted letter to the on steal ands ase 0 Outside the ti- There also were wires running tors he killed in California, Nevada,
Judge. The appeal Promptly was re.
!

Texas and Wyoming:
His hazel eyes acknowledged two = promt ne — * Sally Thompson, 44, of Dallas,
Cole had spent his last two days in Spectators, Judy and Michael New. h ba
the “last-night cel)” next to the exe- ton, a Las Vegas Couple who are lit the cream-colored chamber were !ng room floor on Nov. 30, 1980. Un-
Cution chamber. He Was allowed to writing a book on Cole's lite. He did bright enough for viewers to make like other Victims on Cole’s list,
watch television ang Play the radio, = look at any of the other 23 spec-
ors.

cA oN

d$

'

(418TQ)

(ooed during his brief duty in the Na- lass. She worked as a legal secre
dered frieq jumbo shri P, french Cole mouth vy.

tary, had written & book on Plastic
fries, salad With Frenc dressin - . Surgery and had: published 8 Paper-
Sin 8 meee Newtons, uiside the eh ee Cole was clad in unlaced, blue- back titled “The Single Gir!’s Guide
Hours before Cole died, the priest front view, had befriended Cole in Striped, white sneakers, new prison- tg Dallas.” Th

heard hi

om

SQ6T-9-cT

lieve the prisoner was telling them, ’ Newtons Said he Wore only on spe- examiner's report Said she had been

me of Monopoly to ass the time , ing?” Cial occasions, such as his sentenc- drinking heavily and Suffered a dis.
pain officials seid Cole had been | @PPFeciate it. How's aie ing hearing. located spine Consistent with a Sharp
: After securing the Straps, guards blow t the back of the k
baptized only the day before. “He w id of them” Jud Ow to the neck.
Cole did not resist as four burly, ae ese ee on the three Newton sald. “red, very as they ° Wanda Fay Roberts, 32, of Dal-
Mustachioed guards escorteg himin- !Nndows fac ng the audience, ”

{o the death capsule at 1:44 a.m. Fri- Prison officials said they did not 8¢t new outtits we Bere
day. s

; as
found dead on Nov. 12, 1980, in a
 Piadiiclines és chamber, with six sertin B needles into Cole. Probing out of the chamber, Cole turned his

Parking lot near one of the neighbor- Less than a dozen People showed Up at the Nevada State P
Sid€s and a pointed lop, resembles a for the right veins could turn into a iy omy ‘0 the Newtons and hood bars she frequented, according
diving bell. ; \ cumbersome and difficult ordeal

@arly Friday to test the ex ution of Ca Edward Cole,
, ; to Dallas Police investigator Gerald y oo = = ines ‘

The inmate had been injected they said. The guards, all described “He was saying, ‘It's ai right. It’s Robinson, : } 4
with 10 milligrams of Valium about as having some €xperience as medi- all right,’” saig Judy Newton. Those * Dorothy King, 52, of Dallas. She She Was & waitress. Her nude body Vegas, She} wae em...
an hour earlier to calm his nerves, cal technicians, might have had to were his last words, The Suards then lived alone in an apartment Where was found Aug. 28. 197911, «. ...-% Ye8
one of many Precautionary mea. cut Into Cole's arm if the surface Closed the hatch door. Cojewwas her body was discovered yn a han po found At
Sures that officials had Planned veins were Collapsed, the officials alone in the room. He Sighed;Anoth- Nav 3: °,.~85 di
weeks in advance, Said. SeeEME Cpe

“We don't want’ to Bive him so For the new 10 oi...
Much that we Bitte te pein ge ks,

82 HUNTING HUMARS

ke up the twisted face with cosmetics,
onieee Ce cecil a, ewe had a lot of fun with her. I

er and a bout of necrophilic oral sex.
SN cuaeet headlines were already touting the crimes of
a new ‘‘Sunset Slayer’ by June 27, when Exxie Wilson S
head was found in a Hollywood alley, stuffed inside an
ornate wooden box. Authorities noted that it had been
thoroughly scrubbed before it was discarded by the killer.
Three days later, a group of snake hunters neat Sylmar,
in the San Fernando Valley, turned up a woman's mum
_ mified corpse, identified as Sacramento runaway Marnette
Comer. Last seen alive on June 1, the 17-year-old prosti-
tute had been dead at least three weeks when she was
found. Like other victims in the series, she was known to
the Sunset Strip. s

wand the murders oatianed. On July 25, a young Jane
Doe’’ was found on Sunset Boulevard, killed by a shot to
the head. Two weeks later, hikers 10 the Fernwood area,
pear Malibu, turned up another unidentified corpse, dis-
membered by predators, @ smaill-caliber bullet hole visible

oe her hot romance with Clark, Carol Bundy had
continued visiting John Murray at the country-westerm bar
where he performed by night. She did not hold her liquor
well, and after dropping several hints about her newest
lover’s criminal activities, she was appalled by Murray §
comment that he might report Doug Clark to the police.

On August 5, she kepta midnight rendezvous with Murray -

in his van, parked two blocks from the bar, and she killed

i _ Found four days later, the singer had been ©
ara es and slashed across the buttocks, his *a

head severed and missing from the murder scene.

It had become too much for Carol Bundy. Two days .
after Murray’s body was discovered, she broke down on |
sobbing out to 4 fellow nurse, “T cant yar s 3

d they called on Bundy at home, »

trophies, along with snapshots of Clark and his clever |

%

Case Histories 83

year-old playmate. Arrested on the job in Burbank, Clark
was still in jail four days later, when police retrieved a
pistol from the boiler room. Ballistics tests would link the
gun with bullets recovered from five of the known ‘‘Sun-
set’’ victims.

At his trial, serving briefly as his own attorney, Clark
blamed Carol Bundy and John Murray for the slayings,
contending that they had patterned their crimes after the

- case of Theodore Bundy. Jurors saw through the flimsy

ruse, and on January 28, 1983, they convicted Clark across
the board, including six counts of first-degree murder with
‘‘special circumstances,’’ plus one count each of at-
tempted murder, mayhem, and mutilating human remains.
Strutting before the jury during the penalty phase of his
case, Clark declared, ‘““We have to vote for the death pen-
alty in this case. The evidence cries out for it.’” The panel
agreed with his logic, and he was sentenced to death on
February 15.

At her own trial, for murdering Murray and one of the
unidentified females, Carol Bundy first pled insanity, then
reversed herself and admitted the slayings. According to
her statement, John Murray was shot in the head, then
decapitated to remove ballistic evidence. She had also
handed Clark the gun with which he shot an unnamed
prostitute, found dead along the Sunset Strip in July 1980.
Convicted on the basis of her own confession, Bundy re-
ceived consecutive terms of 27 years to life on one count,
plus 25 years to life on the other.

Cole, Carroll Edward

A death wish, once in custody, is not unusual among
compulsive killers. Carroll Edward Cole, admitted mur-
derer of thirteen persons, was securely serving out a term
of life in Texas, with parole a possibility in seven years,
when he elected voluntarily to face a pair of murder
charges in Nevada, fully conscious of the fact that he would
be condemned to die upon conviction. Once the sentence
had been passed, facilitated by his guilty plea, Cole
staunchly fended off appeals and efforts of assorted liberal


84 HURTING HUMANS

groups to interpose themselves on his behalf. His execu-
tion, in December 1985, immediately paved the way for
others in the Western states, but Cole’s significance lies
elsewhere—in the man himself, and in ‘‘the system’s’’
failure to prevent his crimes.

When Cole was five years old his mother forced him to
accompany her on extramarital excursions in his father’s
absence, using torture to extract a pledge of silence, mak-
ing him a bruised accomplice to her own adultery. As he
grew older, Cole was forced to dress in frilly skirts and
petticoats for the amusement of his mother’s friends, dis-
pensing tea and coffee at sadistic ‘‘parties’’ where the
women gathered to make sport of ‘‘mama’s little girl.’’
Enrolled in elementary school two years behind his peers,
Cole grew up fearing for his masculinity, intensely sensi-
tive to jokes about his ‘sissy’? given name. At nine, he
drowned a playmate who made fun of him, avoiding pun-
ishment when careless officers dismissed the murder as an
accident. He had begun to fight habitually at school, and
once contrived to maim the winner of a yo-yo contest in
which Cole had come out second-best: while playing on a
piece of road equipment, he engaged the gears and crushed
his rival’s hand inside the dozer’s massive treads. 3

In adolescence, Cole accumulated numerous arrests for “4
drunkenness and petty theft. He joined the Navy after
dropping out of high school, but was discharged for the
theft of pistols, which he used to fire at cars along the San
Diego highways. Back at home in Richmond, California, 3
during 1960, he attacked two couples with a hammer as “
they parked along a darkened lover’s lane. Increasingly, Ba
he cherished fantasies of strangling girls and women who
reminded him of his adulterous mother. —

Finally, alarmed by violent fantasies which would not © Es
let him rest, Cole flagged a squad car down in Richmond %
and confessed his urges to police. On the advice of a po-
lice lieutenant, Cole surrendered voluntarily to mental
health authorities, and spent the next three years in insti
tutions where he was regarded as an ‘‘anti-social person»
ality’? who posed no threat to others. Finally discharged 9%
in 1963, he moved to Dallas, Texas, and exacerbated mat-:9
ters by immediately marrying an alcoholic prostitute. °°";

+ ORL a aes inten 06

Case Histories 5

The grim relationship was doomed to failure, filled with
screaming battles, beatings, the occasional resort to weap-
ons. Finally, in 1965, persuaded that his wife was servic-
ing the tenants of a motel where they lived, Cole torched
the place and was imprisoned on an arson charge. Upon
release, he drifted northward, through Missouri, and was
jailed again for the attempted murder of Virginia Rowden
age eleven. Cole had chosen her at random, crept inside
her room while she was sleeping, and had tried to strangle
her in bed; her screams had driven him away, and he was
readily identified by witnesses as her assailant when police
arrived.

Missouri offered Cole more psychiatric treatment
through assorted inmate programs, but it didn’t take. In
1970, he once again surrendered to authorities—this time
in Reno, Nevada—confessing his desire to rape and stran-
gle women. Learned doctors wrote him off as a malingerer
and set him free, on the condition that he leave the state.
Cole 8 file contains the telling evidence of psychiatric fail-
ure: Prognosis: Poor. Condition on release: Same as on
admittance. Treatment: Express bus ticket to San Diego
California.”’

The problem was exported, but.it would not go aw.
Within six months of his return to San Diego, Cole would
kill at least three women. (On the day before his execution
in Nevada, he suggested that there might have been two
others in this period, the details of their murders blurred
by massive quantities of alcohol.) His victims, then ‘and
later, shared the common trait of infidelity to husbands
fiancees, or boyfriends; each approached Cole in a bar,
accompanied him to lonely roads for sex, and laughed
about the skill with which they ‘‘put one over’’ on their
regular companions.

é Moving eastward, Cole picked off another victim in
asper, Wyoming, during August 1975. Assorted jail
Ses often interfered with hunting, but he surfaced in Las
egas during 1977, staying long enough to kill a prostitute
and get himself arrested on a charge of auto theft, which
ba dismissed. A few weeks later, after days of drinking
Ole awoke in Oklahoma City to discover the remains of ;

‘ath


86 HUNTING HUMANS

yet another woman in his bathtub; bloody slices of her
buttocks rested in a skillet on the stove.

Returning once again to San Diego, Cole remarried—to
another ‘‘drunken tramp’’—and sought the help of local
counselors to curb his drinking. Given the conditions of
his home life, it was hopeless, and the urge to murder was
consuming him, inevitably fueled by alcohol, a ravenous
obsession. During August 1979, he strangled Bonnie
Stewart on the premises of his employer, dumping her
nude body in an alleyway adjacent to the store. For weeks,
he had been threatening to kill his wife—the threats re-

orted to an officer in charge of supervising his parole—but
when he finally succeeded in September, the authorities
refused to rule her death a homicide. Despite discovery of
her body, swaddled in a blanket and reposing in a closet
of Cole’s home, despite Cole’s own arrest while drunkenly
attempting to prepare a grave beneath a neighbor’s house,
detectives viewed the death of Diane Cole as ‘‘natural,”’

related to her own abuse of drink.
Taking no chances, Cole hit the road. He claimed an-
other victim in Las Vegas, gravitating back to Dallas |

where, within eleven days in 1980, he would strangle three ~~.

more victims. Though discovered at the final murder
scene, the victim stretched out at his feet, he was again
regarded merely as a ‘casual suspect’” by detectives.
Weary of the game at last, Cole startled them with his
confession to a string of unsolved homicides; at trial, in
1981, his guilty plea insured a term of life with possible
parole, and he was counting down the days to freedom
when reports of a potential extradition to Nevada changed
his mind. _ . f
The case of Carroll Edward Cole deserves a place
among the classics as a showcase Of ° ‘the system’s’’ abject 4

failure. As a child, young Eddie Cole was failed by edu- ;

cators who ignored his late enrollment, failed to reco
the signs of chronic child abuse, and dealt with ado
violence as a problem to be swept away,

A

psychoanalysts of half a dozen states, repeatedly Cs
charged as a malingerer, a harmless fake, ‘‘no danget, 10,

7 aes t
re

VERE:

+s
2
sy
-

referred to othet@

agencies. As a potential murderer who. sought the help 01m
mental institutions, he was failed by the psychologists 20° %

LIT aah ore

Jescent Ge

Case Histories 87

society.’’ On two occasions, officers in San Diego literall
caught Cole in the act of an attempted murder—and a
a eee they accepted his ridiculous assertion of a
ies S hackles offering the would-be killer transportation
is home. When violent fantasies became reality, i
vestigators with the same department stubbornly ‘goored
persuasive evidence, rejecting even Cole’s confession
passing off two homicides as drunken accidents, dismiss-
ing others as the handiwork of angry pimps In Texas,
Cole might very well have slipped the net again if he h 4
not elected to confess in cases where detectives were 7"
sere to view his homicides as ‘‘accidental deaths.’’ Th
ge : ri ae system fails not only Carroll Edward Cole.

Coleman, Alton

Born Elton Coleman in November 195 i
five children from a prostitute in the Se eam, te :
rit ashen ve na set was raised by his ranted
er. Dubbed ‘‘Pissy’’ by hi

childhood tendency to wet his ante. Coctah cow -
oe with street gangs, cultivating an unsavory ie.
ation. A black who preferred blacks as victims, his nu-
merous arrests were concentrated in the area of sex crimes
a propensity which led him on a lethal crime spree d,
eventually, to the death house. es
hess ernie 1974, Coleman was arrested for the abduc-
: ri Pe, a robbery of an elderly woman in Waukegan.
Si eis guilty plea to simple robbery earned him a
tate Atos of two to six years in Joliet prison, where he was
nee neck of molesting male inmates. A prison psychi-
inte Bro le dubbed Coleman a “‘pansexual, willing to have
— phe with any object, women, men, children, what-
197¢ keh in parole, he was charged with rape again in
sliscadthas x winning acquittal each time when a jury
veals a te sf , victims consented to sex. His record re-
sexual ase Ry four rape charges, two counts of deviate
ot indes ult, five of unlawful restraint, and one count
ent liberties with a child. The latter victim was a


<*

po omc

waver a

ir Ss

————
Soreness tne te,

paceacaren 3

es

IETS

route be taken to the jail. _

“The officer asked why it was impor-
tant to make’a detour. Was the man sim-
ply trying to prolong the time it would
take to get to jail?

“The jaywalker responded that was not
the case at all. He said there was a car
on the alternate route, parked on the
shoulder of the road, that the officers
“Should see. He said the car would be
“very important to law enforcement au-
thorities.

The officer shrugged. The detour

would add only five or 10 minutes to the

_ tide, The officer walked toward the

front of the paddy wagon and knocked
on the iron screen that Separated the
driver from the prisoners. He told the
‘driver to use the detour suggested by the
jaywalker. Sure enough, along the alter-
nate route was a car with Nevada plates
parked on the shoulder. There was no
one around it.

The jaywalker told the officer it
would be a good idea to send someone
out to investigate the auto. The officer
jotted down the car’s license plate num-
ber as well as its make, model and color.
The paddy wagon continued on to the
jail where the men were ordered out,
lined up and marched into the booking
area. The officer who had taken down
the license plate number from the mys-
terious car contacted the Nevada Motor
Vehicle Department and asked that the

‘number be run through the computer.

It was only a few minutes before the
machine spit out the name under which
the car was registered. The name came

'as a-shock to the officer. He figured the

car belonged to the jaywalker and he

‘had been puzzled by the man’s fascina-

tion with the vehicle. The motor vehicle
department computer, though, had the

: registered name as Albert Duggins, a

musician from Las Vegas.

But that was. not the jaywalker’s
name, His name was Sean Patrick
Flanagan, a 27-year-old busboy, also
from Las Vegas. Flanagan, or Duggins,
or whoever this man was, had some ex-
plaining to do. The officer notified one
of the detectives of this eerie turn of
events, The detective had the jaywalker
brought into an interview room. The
sleuth said he wanted to know what was

’ going on.

‘The jaywalker told the detective his
name was Flanagan. If there were any
doubts it would not be difficult to prove.
After all, he had been fingerprinted as a
part of the booking process and his fin-
gerprints were also on file in the Clark
County Sheriff Department. Anyone
working in a hotel; casino, bar or restau-

56 Inside Detective

rant must be fingerprinted.

One must have a sheriff’s work card
to be employed in those places and fin-
gerprinting is a prerequisite to obtaining
a work card. The Orange County detec-
tive said he would be contacting Las
Vegas authorities, all right, but there
would be more to it than simply verify-
ing a set of fingerprints. The detective
then contacted Metro in Las Vegas and
asked what was known about an Albert
Duggins. He was told that a missing
person report had been filed but: that
was about it.

explained —
- hehad ©
- cutthe ©
- body into —
_ pieces —
and put —
— themin —
_ them into —
different

When the detective laid out the
strange events of the day involving
Flanagan and Duggins’ car, his call was
transferred to Homicide Detective
Norm Ziola. The Las Vegas sleuth said
he and his partner would head for Or-
ange County immediately to have a talk
with Sean Flanagan.

Ziola and Detective Mike Geary ar-
rived in Orange County later that day.
They were ushered into a jail interview
room where a shackled and heavily
guarded Sean Flanagan was waiting.
The prisoner was given his Miranda

warning by the Nevada lawmen and
then the questioning began.

Flanagan said he could lead the two
to Duggins’ body in a desert area off
Tropicana Avenue near the Strip. He
bluntly told the detectives he had stran-
gled Duggins’ in the victim’s car and
then dumped his body in the remote
area earlier in the month.

The Las Vegas sleuths exchanged
glances. Ziola asked for some details.
Flanagan obliged him, saying he had
been hitchhiking a day or two before the
killing. He said Duggins had picked him
up and they had dined together. He
Stayed with Duggins that night and the
two continued to travel about Las Vegas
together the following day.

Flanagan said he got the feeling Dug-
gins was going to make a homosexual
move on him so he strangled him. After
all, Flanagan was a former marine and
he had been trained to kill, be it with a
weapon or his bare hands. Flanagan was
young and strong and had no trouble
killing Duggins.

Flanagan was placed in the custody
of the Las Vegas detectives. The detec-
tives then returned to Nevada with their
suspect. Flanagan did not fit the descrip-
tion of Duggins, so they were satisfied
that the musician did not drive the car to
Orange County and abandon it. If he
did, Flanagan might have come with
him and then decided to confess to a
phony murder. There are people in this
world who do things like that.

If the man calling himself Sean
Flanagan was one to confess to made-up
crimes, sleuths reasoned he was proba-
bly also one to take on various names.

Ziola and Geary took Flanagan to the
Clark County Jail where he was booked
on suspicion of murder. While the book-
ing process was going on, the sleuths
compared the fingerprint card from Or-

_. ange County with the one on file in the

work card department for Sean
Flanagan.

He was who he said he was, all right.
The fingerprints matched. When the
booking process was over, Flanagan
was shackled and asked to lead the de-
tectives to the spot where he claimed he
had dumped Duggins’ body. Flanagan
directed the detectives to Tropicana Av-
enue. He had them drive along that road
until they neared its intersection with
Arville. He looked into the desert and
pointed out a spot some 200 feet from
the road. He told the two detectives they
would find the body in that spot.

Ziola radioed headquarters, request-
ing a lab crew and an ambulance be dis-
patched to the area. They then walked

ALAS NN, ass

24 Part 1/Saturday, June 24, 1989

Nevada Executes Double Murderer

* From Times Wires Services

CARSON’ CITY, Nev.—Double
murderer Sean P. Flanagan was
put to death at the Nevada State
Prison .on Friday, and his final
words were those of love for his
prosecutor.

As five guards strapped Flana-
gan, 28, to a gurney in the death
chamber at the prison, the con-
demned man smiled and told prose-
cutor Dan Seaton, “I love you.”

“He has said it before,” Seaton
said. “He means it in terms of
Christian love and forgiveness.”

’ Flanagan was executed for two
1987 killings in Las Vegas after
Gov. Robert Miller rejected a last-
minute petition for a stay from the
American Civil Liberties Union.

In a seven-page statement,
Flanagan. had revealed that he
hated his homosexuality. He said it

was difficult for him to determine’

what made hirn kill men he thought
were homosexual, but “the thought
that 1 would be doing some good for
our society crossed my mind.”

Flanagan confessed to the two
murders after he was arrested in
Orange, Calif., for jaywalking. He
said he strangled and dismembered
45-year-old chef James Lewan-
dowski, who had befriended him
after he lost all his money drinking
and gambling. Four days iater, he
said, he strangled pianist Albert
Duggins, 59, after Duggins offered
him a ride.

Flanagan, who spent his last
hours reading the Bible, was de-
clared dead eight minutes after the
lethal injection began at 2:01 a.m.

“I think he believes he is a
Christian, but from God’s percep-
tion, no,” said Seaton, the deputy
Clark County district attorney.

“I’m sure he’d kill again.”

It was the second execution in
five days in Nevada, and the state’s
fourth and the nation’s 114th since
the 1976 U.S. Supreme Court ruling
allowing states to resume use of the
death penalty.

Gov. Miller, in saying he would
not intervene to halt the execution,
said that Flanagan had appeals
available if he wanted to use them.

Flanagan told the Associated
Press in an interview Wednesday
that he would not pursue appeals
because he had to pay. his debt to
society. But he maintained, “After
giving my life to Jesus, I couldn't
hurt anybody again.”

Flanagan apologized to the fami-

. lies of his victims and said, “I hope

they'll understand my execution is
proper and just.”

Killer of two d

Raag LF

Py" & .

los Angeles Times

Saturday, June 24, 1989

ies by injection -

Nevada convict in execution room calls prosecutor a ‘just man’

rs teen es
Agsoclated Press
eft ¥ #! bile ‘
‘CARSON CITY, Nev. — A con-
fessed double murderer who thought
hé could do“some good” for society
by killing homosexuals was executed
by: Injection early Friday after refus-
ing’ appeals and telling his prosecu-
toyy SI love you.” ie

eAs tive guards strapped Sean Pat-
rick ‘Flanagan, 28, toa gurney in the
déath chamber ‘at the Nevada State
Prison, the’ condemned man lifted
h& head, smiled, and also told the
ptasecutor, Dan Seaton, “You are a
jugt man,” ~ i

Flanagan, who spent his last hours
redding the Bible, also said “I love
yOul*to Associate Warden Jessie
Walsh, who with Seaton and other
witnesses and reporters watclied the
efetution.

pThe lethal injection started at 2:01
awm,,and Flanagan was declared
dead.eight minutes later. It was Ne-
vada's second execution in five days.

“Ye has said it before,” Seaton
said of Flanagan’s last words. “He

mearts it in terms of Christian love

and forgiveness.”

' “1 think he believes he is a Chris-
‘tian, but from God’s perception, no,”
, said Seaton, the deputy district attor-

ney of Clark County. “I’m sure he’d
kill again.”

Flanagan was executed for the
two killings in Las Vegas in 1987 af-
ter Gov. Bob Miller rejected a last-
minute petition from, the American
Civil Liberties Union for a stay so
that a pardon could be sought from
the Nevada Pardons Board.

Miller said he wouldn’t intervene
“in the lawful judicial process,” ad-
‘ding that the inmate had appeals
available if he had wanted to stop
the execution.

Flanagan said in an interview
Wednesday that he he would not pur-
sue appeals that could prevent his
execution.

“There is nothing that could keep
me from that. I’m just as wicked and
nasty as Ted Bundy. I believe if I had
not been arrested, I would have end-
ed. up being another Ted Bundy

’ against homosexuals,” he said.

Bundy was executed earlier this
year in Florida after admitting to the

serial killings of women throughout
the country.

Flanagan, who got involved in ho-
mosexual activity while in the Ma-
rines, said he is no longer violence-
prone. “After giving my life to Jesus,
I couldn’t hurt anybody again,” he
said. "

Flanagan said his family approved
his decision to accept the execution.

Flanagan provided a rambling
seven-page statement in which he
said he hated his homosexuality. He
said it was difficult for him to deter-
mine what made him kill men he
thought were homosexuals, but “the
thought that I would be doing some
good for our society crossed my
mind.”

Flanagan’s execution was the
114th nationally since the 1976 U.S.
Supreme Court ruling allowing states
to resume use of the death penalty.
Four of those deaths have taken
place in Nevada.

The execution followed the Neva-
da execution Monday of mulliple
murderer William “Bud” Thompson
for the gunshot slaying of transient
Randy Waldron in Reno.

= HS


2

FLANAGAN, Sean P., white, 28, leth. inj. Nev. SP, June 23, 999

TWO STRANGLED
(MO LEADS!

_ Was a rebuffed homosexual act at the root of the case
that saw a killer “jaywalk” ‘himself into two life terms?

- LAS VEGAS, NV.
. JUNE 2, 1988
4 _ Missing person reports are never
taken lightly by the nation’s police de-
-. partments. At one time, the Las Vegas
Metropolitan Police Department had a
- policy of waiting 48 hours before acting
on. these reports because many people
Teported missing turned up the next day
after a night of marathon gambling and
. drinking in the town’s well-known casi-
‘nos.
That policy, though, has changed in
,»Yecent years. There is no longer any
waiting period. They are acted upon as
soon as they are filed, although there is
normally little that can be done other
_ than broadcast the missing person’s de-
- Scription to all units.
It was early October 1987, when a
.. Las Vegas chef, James Lewandowski,
. disappeared from sight. A missing per-
son report was filed with Metro and the
usual broadcast was put. out. Lewan-
dowski enjoyed Las Vegas as much as
most of the folks who make it their
home and it was possible he had taken a
few days off to party it up in the hot
spots along the Strip and downtown’s
Fremont Street. There was always a
chance he needed to get away from it all
and had simply taken some time off to
recharge his batteries.

It was not inconceivable, either, that
he might have decided to go into south-
erm California to get away from the
neon lights of Las Vegas and rest his
eyes on the deep blue Pacific Ocean.
The only thing certain was that he
had not been seen in recent days.

The missing person report was filed,
the broadcast was made and Metro went
on with its daily business of protecting

citizens, Sean Patrick Flanagan was stopped for jaywalking and picked up on warrant.

(Continued on page 54) Later, he would reveal information that would solve a mystery in another state.

20 Inside Detective

Pieilee. 175 F :”.


carving knife and he only defended
himself. gi

fib Blaney: was finally extradited to Or-
‘ange County. |

On July 1, 1987, at his arraignment
before Judge James M. Brooks with
a sign-language interpreter, Ronald
Blaney pleaded innocent. Defense At-
torney James Egar said it would be an

» uphill fight. ‘“‘This case will attract

much interest in the deaf community
and I can’t speak to him nor can he re-
spond to me in a way that can be un-
known to others in the courtroom. We
will have to communicate through a
court-appointed interpreter.”’

After the arraignment, Deputy Dis-
trict Attorney Mike Jacobs and Public
Defender Egar agreed to let Blaney

. speak with a relative, through an inter-

preter. Afterward, the relative refused to
tell anyone what they had discussed.

About 20 members of the Orange
County deaf community attended the

“preliminary hearing on February 26,

1988, which was conducted in sign lan-
guage so that Blaney could understand
the charges against him.

In the months between his arrest and
preliminary trial, Detective Ehert and
other homicide investigators, including
Arizona’s Chief Joe Amore, worked in
close cooperation with the county attor-
ney’s office and the county medical ex-
aminer. They were all attempting to

. compile as much circumstantial evi-

dence as possible to back up the charges
against the suspect.

Officials disclosed that Blaney had
no possible link to the murder of the
other five stabbing victims.

Deputy District Attorney Edward R.
Munoz told the media that his office
was not yet ready to disclose whether it
would seek the death penalty against the

A week passed and James Lewan-

dowski never surfaced, though. Friends
grew more worried about him with each
day that he remained missing.

The middle of the month was ap-
proaching and another Las Vegas, this
one a pianist named Albert Duggins,
vanished from sight. Las Vegas is a city
of cocktail waitresses, bartenders and

‘dealers. But it is also a city of musi-

cians. Every showroom needs them and
every showroom has them. Duggins was
fairly well known in Las Vegas’ musi-
cal circles.

54 Inside Detective

suspect. If a jury convicted Blaney of
murder and found the special allega-
tions of either multiple murder or tor-
ture to be true, he would undoubtedly
face a minimum sentence of life in pris-
on without parole, even if prosecutors
decided against pursuing the death pen-
alty.

In his opening statement, Prosecutor
Munoz painted a grim picture for the
court. He claimed that Ron Blaney not
only stabbed the victims 40 times, but
that he also tortured Priscilla Vinci by
trying to gouge out one of her eyes with
a fondue fork. . ‘

He produced Priscilla’s notes and
other documents used by Santa Ana po-
lice to obtain warrants, which stated that
she was trying to end her relationship
with Blaney, but he refused to take no
for an answer.

A criminalist testified a bloody foot-
print found in the bathtub matched
Blaney’s bare left foot.

On Monday, February 29, 1988, the
defendant sat expressionless as Judge
James P. Gray, after a three-day hear-
ing, ruled that there was enough evi-
dence to support the district attorney’s
claim that Ronald Blaney had killed
Josephine and Priscilla Vinci. Among
the charges lodged against him was a
charge of unlawful flight to avoid pros-
ecution.

Ronald J. Blaney Jr. was bound over
to Circuit Court for his trial. He remains
incarcerated without bond in the Orange
County Jail in Santa Ana, California.
No trial date has been set as of this writ-
ing.

Under our American judicial system,
it-must be assumed that Ronald Blaney
is innocent of all the charges against
him until he is proven otherwise in a
court of law after due process. e

But now he had disappeared. It had
been a day or two since anyone had seen
him. A missing person report was filed
with Metro and, as had been the case
with James Lewandowski, a_ police
broadcast was made to all units.

The only thing anyone could do was
wait for Duggins to reappear. The police
on routine patrols had his description
and if they spotted him they would noti-
fy those who knew and cared about him.

More days passed, and Albert Dug-
gins, like James Lewandowski, never
appeared. It was as if the two men had

vanished off the face of the earth. No
one heard from them and no one saw
them. Metro had done all it could. The
descriptions of the two men remained in
the cruisers but there was simply noth-
ing else the police could do.

October pushed on and the tempera-
tures became more tolerable every day.
The blast furnace days of summer were
nothing more than a memory.

In southern California the weather is
always comfortable. It is as if the area
has been blessed with year-round out-
door air conditioning.

In Orange County, just outside Los
Angeles, a young man was enjoying the
magic of a southern California morning.
He walked about with no destination. It
was just a great day to be alive. He shuf-
fled across a street without using a
crosswalk. Jaywalking is frowned upon
in California. Citations are often handed
out for jaywalking in the Golden State,
and it was this young man’s misfortune
to cross this particular street within the
sight of a police officer.

The officer came upon the man when
he reached the other side of the street.
As is routine, the officer asked the man
for some identification before writing
out a ticket for jaywalking. After being
handed the identification the officer de-
cided to use his hand-held police radio
to contact headquarters to see if there
were any warrants on file for the wan-
dering jaywalker. This is not routine,
but the officer had a hunch and elected
to do it anyway.

His hunch paid off.

There were warrants out for this man.
They were not major ones but they were
there just the same. The man, it seems,
had not been making his child support
payments, and the mother of his young
one had gone to the authorities. The of-
ficer requested a vehicle to transport the
man to the local jail where he would be
held until the child support problem
could be straightened out.

The paddy wagon arrived and there
were other prisoners inside it. The offi-
cer loaded his prisoner into the wagon
and watched as it pulled away with its
passengers.

The men were all in handcuffs. Two
watchful officers sat in the back with
the prisoners while the driver and anoth-
er officer sat in the front. The jaywalker
fidgeted nervously while the officers in
the back watched him with interest.
Then the man leaned forward and told
one of the officers that the wagon
should make a detour on its way to the
jail. The officer brushed the remark
aside, but the man insisted a different


STATE v. FOUQUETTE Nev. 421
Cite as 221 P.2d 404

person who can legally “prescribe or act
for the patient.” See: State ex rel. Weyer-
horst v. Lee, 28 Nev. 380, 393, 82 P. 229;
Wiel v. Cowles, 45 Hun, N.Y., 307, 308;
Brown v. Elwell, 60 N.Y. 249, 251; Com-
monwealth v. Cohen, 142 Pa.Super. 199, 15
A.2d 730, 732,

[43] As Dr. Work was admittedly not
a “licensed physician or surgeon” in this
‘state when he examined appellant and re-
ceived the information about which he
later testified, such information was not
privileged. Wiel v. Cowles, supra, 45 Hun,
N.Y. 307, 308; Chamberlayne Trial Evi-
dence, 2nd ed., sec. 284, pages 257-258, note
41; 70 C. J., Witnesses, page 443, sec. 592,
note 17,

(b) The relation of physician and patient
did not exist.

[44] In order for a physician to be in-
competent under this statute, the relation of
physician and patient must have existed be-
tween him and the person as to whose state-
ments, symptoms, or conditions he is called
to testify, at the time when he acquired
the information which he is requested to
disclose. 70 C.J., Witnesses, page 440, sec.
590, note 88.

[45] No such relation existed in this
case, because Dr. Work was sent by the
district attorney solely for the purpose of
examining appellant in order to report upon
his sanity. People v. Sliney, 137 N.Y. 570,
33 N.E. 150, 154,10 N-¥.Cr.R.303;. 70 C.J.,
Witnesses, page 441, sec. 590, note 91. See,
also, Simecek v. State, 243 Wis. 439, 10
N.W.2d 161, 165. :

(c) The information was not acquired, in
attending a patient, which was necessary to
enable the physician to prescribe or act for
the patient.

[46] The prohibition against a physician
testifying exists only as to information ac-
quired, in attending the patient, which was
necessary to enable the physician to pre-
scribe or act for the patient. Skidmore v.
State, 59 Nev. 320, 327, 92 P.2d 979.

No professional relation precluding a
disclosure of information arises where a
physician employed for that purpose alone
makes an examination of a person charged

with crime, in order to pass on his sanity,
as in this case, and not for diagnosis and
treatment. Skidmore v. State, supra, 59
Nev. 320, 327-328, 92 P.2d 979; 58 Am.Jur.,
Witnesses, page 239, sec. 418; 70 C.J., Wit-
nesses, page 441, sec. 590, note 91.

[47] As to the second objection, it has
already been shown that the relation of
physician and patient, as contemplated by
the statute, did not exist, for which reason
it is clear that appellant was not com-
pelled to furnish evidence against himself
by the testimony of Dr. Work. People v.
Austin, 199 N.Y. 446, 93 N.E. 57, 59.

And where, as in this case, insanity is
interposed as a defense, an examination of
accused by.an expert medical witness, for
the purpose of determining his mental con-
dition, consented to by the accused, and the
admission in evidence of the expert’s find-
ings with respect thereto, does not violate
the constitutional privilege of accused not
to be a witness against himself. State v.
Petty, 32 Nev. 384, 387-391, 108 P. 934,
Ann.Cas. 1912D, 223;. People v. Krauser,
315 Ill. 485, 146 N.E. 593, 598-601; State
v. Nelson, 162 Or. 430, 92 P.2d 182, 189;
22 C.J.S., Criminal Law, page 998, § 651,
notes 26-28.

[48] The third and fourth objections
are not even mentioned in appellant’s briefs,
for which reason it must be assumed that no
reliance is placed upon them and that they
are waived. State v. Urie, supra, 35 Nev.

268, 275, 129 P. 305.

[49] Appellant next contends that the
court committed prejudicial error in allow-
ing the jury to separate.

The statute governing the matter reads:
“The jurors sworn to try a criminal ac-
tion may, at any time before the submission
of the case to the jury, in the discretion of
the court, be permitted to separate or be
kept in charge of a proper officer.” Sec.
10990, N.C.L.1929.

Under this statute, the jury are permitted
to separate at adjournments and recesses
until the case is submitted to them for de-
cision, unless the court, in its discretion,
orders them kept together in charge of an

officer during the progress of the trial.
People v. Witt, 170 Cal. 104, 148 P. 928, 930;

2
SRSA ONL GEST REREAD ts

Se ee
neg

ves

C5. AR ER i Re OR TEI

en nee ee

422 Nev.

People v. Ebanks, 117 Cal. 652, 49 P. 1049,
AO L.R.A. 269, 275; People v. Erno, 195
« Cab. 2ie, 232 P. 710, 715; State v. Williams,

166: S.C. 63, 164°S.E. 415, 421; Horn v.
State, 13 Okl.Cr. 354, 164 P. 683, 685; 8
Cal.Jur., Criminal Law, page 383, sec. 414,
notes 4-6.

[50] However, it is not necessary to
rely upon the statute, because it is admitted
in this case that appellant’s counsel actually
consented to the separation of the jury,
thus waiving all objections, if any he had.

State v. McMahon, 17 Nev. 365, 369-373,

30 P. 1000.

- Appellant next contends that the court
erred in denying his motion for a new trial,

because;

1. Of error in failing to instruct as to

other crimes;

2 Of error in deciding questions of law

arising during the trial;

3. Of misconduct on part of jury in

reaching a verdict in fifteen minutes ;

4. The verdict is contrary to the law and

to the evidence;

5. The evidence was insufficient to justi-
fy the jury in finding appellant guilty of

murder in the first degree; and
6, Of newly discovered evidence.

The first, second, fourth and fifth
grounds have already been fully considered
and found to be without merit. That con-

clusion has not been changed by a careful |
consideration of appellant’s argument on

his motion for new trial.

[51] As to the third ground, it is ad-
mitted that the jury ‘received the case at
12:30 P.M., and rendered the verdict at
2:25 P.M., on the same day, during which
period the jury were taken out to lunch.
So far as one can tell from the record, the
jury may have considered the evidence
during the lunch period and may have de-
liberated upon it in the jury room, before part

oing to and after returning from lunch, desi
But, assum-

£
for more than fifteen minutes.

ing that the consideration and deliberation

221 PACIFIC REPORTER, 2d SERIES

after submission consumed only fifteen
minutes, that does not even indicate mis-
conduct on the part of the jury in render-
ing the verdict, or error of the court in

receiving it.

[52] In view of the evidence presented,
which clearly established the guilt of ap-
pellant beyond all possible doubt, and fully
justified the punishment fixed, the jury
were only reasonably expeditious in render-
ing the verdict. Commonwealth v. Clark,
292 Mass. 409, 198 N.E. 641, 646; Smith v.
State, 40 Tex.Cr. 391, 50 S.W. 938, 939;
State v. Chandler, 126 S.C. 149, 119 S.E.

774, 776.

[53] As to the sixth ground, the evi-
dence claimed to be newly discovered re-
lates simply to the mental and physical con-
dition of appellant long prior to the murder.
If at all material, it could only ‘be cumula-
tive, and was in fact known to appellant
and his counsel before the trial. The re-
fusal of the court to grant a new trial upon
the ground that such evidence was newly

discovered was clearly right. State v.
Randolph, 49 Nev. 241, 248, 242 P. 697.

Before concluding this opinion, it is prop-
er to state that L. O. Hawkins, one of appel-
lant’s counsel in this court, did not repre-
sent, nor assist in representing, appellant in
the trial court.

A most careful consideration of the en-
tire record fails to disclose any prejudicial
error, for which reason the judgment and
the order appealed from are affirmed, and
the district court is directed to make the
proper order for the carrying ‘into effect by
the warden of the state prison of said judg-

ment.

sit in his place.

sitacieaaaidal

HORSEY, C. J., and BADT, J., concur.

EATHER, J., being ill and unable to
icipate in this opinion, the Governor
gnated Hon. Wm. McKNIGHT, Judge
of the Second Judicial District Court, to


734 Nev.

ing his motion for new trial were affirmed
by this court August 10, 1950. State v.
Fouquette, 67 Nev. 505, 221 P.2d 404. Peti-
tion for rehearing was denied by this court
November 16, 1950. 67 Nev. 541, 221 P.2d
404. Certiorari was denied by the Supreme
Court of the United States May 14, 1951.
Fouquette v. State, 341 U.S. 932, 71 S.Ct.

799, 95 L.Ed. 1361. On July 5, 1951 this
court denied his petition for a writ of habe-
as corpus. 68 Nev. —, 233 P.2d 859. Cer-
tiorari was again denied by the Supreme
Court of the United States January 28,
1952. 342 U.S. 928, 72 S.Ct. 369, 96 L.Ed.

691.

He sought without success a writ of
habeas corpus from the United States Dis-
trict Court for the District of Nevada,
which gave a certificate of probable cause
but denied a stay of execution. He then
sought and obtained an order from the
United States Circuit Court of Appeals,
Oth Circuit, which remanded the case to
the United States District Court for further
proceedings and made an order staying
execution. Fouquette v. Bernard, 198 F.2d
96. After such further procecdings, the
district court again denied habeas corpus.
This was affirmed August 21, 1952 by the
Circuit Court. 9 Cir., 198 F.2d 860. The
United States Supreme Court again denied
certiorari March 9, 1953, 73 S.Ct. 652.
During the pendency of each of such fur-
ther proceedings following his conviction
his execution was postponed by appropriate
orders. On some eight or nine separate
occasions a date was fixed for his execu-
tion and the same is now set for April 13,

1953.

On April 6, 1953 petitioner again sought
a writ of habeas corpus from the First
Judicial District Court, in and for Ormsby
county, which was on said date denied.
Said district court also denied his applica-
tion for a certificate of probable cause oF
for a stay of execution pending appeal to

this court.

1. An order granting or denying a petition
for a writ of habeas corpus, heretofore
not appealable under the statutes of this
state, was made appealable by either the
petitioner or the state by “An Act to

255 PACIFIC REPORTER, 24 SERIES

Petitioner frankly concedes that he pre-
sents no new facts and no new propositions
of law (other than those discussed below)
not considered and decided by this court
in the appeal from the judgment, ‘State v.
Fouquette, 67 Nev. 505, 221 P.2d 404, and
in our denial of habeas corpus, 68 Nev.
——, 233 P.2d 859. His petition for a stay
of execution recites that the principal point
raised on his appeal from the district court’s
order of April 6, 1953 denying his applica-
tion for habeas corpus “is that his defense
of insanity interposed at the original trial
of said case had been tried in the Clark
County newspapers prior to the trial through
elaborate statements given to such news-
papers by the District Attorney of said
County and by other officials working on
said case; that the publication of such
articles, freely circulated caused such a
prejudice against appellant that he did not
have an opportunity to fairly present his
defense before an impartial jury; that

requiring him to go to trial after his motion

for change of venue, presenting such arti-
cles together with numerous affidavits of
citizens conclusively established that the

Court was without jurisdiction because

such a trial is not in accordance with

civilized concepts of due process of law;
that the subsequent verdict and judgment
deprived appellant of his life without due
process of Jaw contrary to Article 1, sec:
tion 8 of Nevada Constitution and section
1 of Fourteenth Amendment to United

States Constitution.”

He contends that Shepherd v. Florida,
341 U.S. 50, 71 S.Ct. 549, 95 L.Ed. 740,
(not decided by the Supreme Court of the
United States until April 9, 1951, and not
presented to us on the appeal from the
judgment or the petition for habeas corpus)
is controlling and leads to the conclusion
that under the circumstances of the adverse
newspaper publicity the trial court was
without jurisdiction to convict him.

amend an Act entitled ‘An Act concern-
ing the writ of habeas corpus,’ approved
December 19, 1862,” approved March 25,
1953.  Stats.1953 —, amending s¢ec-
tion 3 of section 11377, N.O.L., 1929.


: .EX PARTE FOUQUETTE Nev. V
Cite as 255 P.2d 733

tempt judgment ‘had become unappealable
well before the effective date of the new
Rules. . Therefore, petitioner is not aided
by the provision of Rule 86 that the new
Rules shall ‘govern all * * * actions
then pending, * * ** This action—
from: which there was then no right of Proceeding in the matter of an applica-
appeal—was not pending within the mean- tion for writ of habeas corpus. The First
ing of the Rule. The Court of Appeals Judicial District Court entered an order

Ex parte FOUQUETTE.
No. 3745.

Supreme Court of Nevada,
April 8, 1953.

was not in error in dismissing petitioner’s denying the application and the petitioner

» : ‘ ] er

appeal for failure to comply with the statu- 2PPea ed and presented petition for stay ot
: ; ‘vil al execution of death sentence. The Supreme

tory. ha: bitin ioe! Cl1v1 appeals, Court, Badt, J., held that trial judge prop-

Its Judgment is alirmed.” Other federal erly denied petition for writ of habeas corpus.

decisions are of similar purport.

Petition for stay of execution denied.
[4] 3. Appellant contends that because

her time for serving and filing a bill of ex- abeas Corpus @™6q
ceptions under then existing statutes was. _ Where trial judge had before him
extended by the trial court to November “Htire record under which supreme court
10, 1952, and because her time was there- ad sustained first degree murder convic-
after further extended to February 4, 1953. tion, and had denied rehearing and had
within which to file her record on appeal, thereafter denied habeas corpus, and trial
see Rules 73(g), 75 and 76, NECP. on judge was satisfied that no new facts and
which date she actually filed her “Tran- no new Propositions of law were presented,
script of Record on Appeal- and Bill of trial judge properly denied petition for writ
Exceptions,” the new rules were called into Of habeas corpus,

play to the exclusion of any of the appellate
procedural requirements theretofore exist- : .

ing, and that therefore, under Rule 72(a), : John W. Bonner, Las Vegas, for peti-
the scope of the review by this court on the tioner.

appeal from the judgment embraced all er-
rors of law and consideration of the suf-
ficiency of the evidence without an appeal
from the order denying new trial. The

—_———

W. T. Mathews, Atty. Gen., Geo. P.
Annand, Wm. N. Dunseath and John W.
Barrett, Deputy Attys. Gen., for respond-

ent.
contention is not sound. The extensions of
time for serving and filing a bill of ex- ‘ :
5 é - -BADT, Justice, =
ceptions under the old statutory procedure

and for filing a record on appeal under On April 7, 1953 Petitioner lodged in this
Rule 73(g) donot affect our conclusion Curt his appeal from = order made April
as to the limitation of Rule 86. 6, 1953 by the First Judicial District Court
denying the petitioner’s application to that
.[5] The. appeal from the order deny- Court for a writ of habeas corpus. At the
ing new trial is hereby. dismissed, and the same time he Presented to this court and to
scope of this court’s review on the appeal the justices thereof his petition for stay of
from the judgment is now so limited as to Ba) aed the death Sentence presently
exclude the consideration of errors of law Set for April 13, 1993. : si eee ee
occurring during the trial or the sufficiency is opposed the granting of the ens.
; The history of the matter to date is as

of the evidence to support the’ findings or foll - On N ber 20, 1948 F
judgment, It is so ordered, nwa AN OveEiey 20) ae a
was convicted of first degree murder with
the penalty ‘fixed at death, in the Eighth
Judicial District Court, in and for Clark
county, and the judgment and order deny-

EATHER, C. J., and MERRILL, J., con-
a i :

~ selltes tan meee a

mE ROI fale Ae et ses: Bieter ct ICIS: tae ct “=e

ee ee

tame

PASI ck: PARE NO 2 I TIRE

Labia:

iia

Beet,

woe

ol mgpemeyes

tae geen rete

a ie a

Sea

a.

hn nen rn ny aE.


Sap) wy:
‘tel ar
Fanet rat aByh by Wed Debora”

6 117 PACIFIC REPORTER (Nev.

necessary prejudice enters. does not form a just
ground for the rejection of the juror, though he
admits that the defense of insanity, owing to
its abuse, raises a feeling of hostility to accus-
ed, and where the evidence shows that, not-
withstanding his feeling against the defense,
the juror will be guided by the testimony, un-
influenced by any bias, he is competent.

[Iad. Note.—I°or other cases, see Jury, Cent.
Dig. §§ 438-448; Dec. Dig. § 99.*]

11. Jury (§ 155*)—IMPANELING JuRORS—TRI-
ERS—DEMAND.

It is not error to fail to appoint triers to
determine a challenge for actual bias. where
there has been no demand for the appointment
of triers.

[Iad. Note.—Ior other cases, see Jury, Cent.
Dig. § 587; Dee Dig. § 185.*]

12. CrimiInAL Law (§ 116614*) — HARMLESS
Error —IMPANELING JURORS—TRIERS—DE-
MAND.

Where a juror, on voir dire, disclosed bias
on the ground of hereditary insanity, but show-
ed no bias to the legal defense of insanity, the
refusal to appoint triers to determine his bias
on the ground of hereditary insanity was not
prejudicial.

[Iad. Note.—IF’or other eases. see Criminal
Law, Cent. Dig. § 8115; Dee. Dig. § 11661%.*]
18. CRIMINAL LAw (§ 404*)—DEMONSTRATIVE

EVIDENCE—ADMISSIBILITY.

Where accused shot decedent and’ resisted
an immediate arrest by a citizen by stabbing
him with a knife, and the defense relied on
drunkenness and insanity, the court properly
admitted the knife in evidence.

[Iuad. Note.—I*or other cases, see Criminal
Law, Cent. Dig. § S01; Dee. Dig. § 404.*]

Appeal from District Court, Iesmeralda
County; Veter J. Sumers, Judge.

Patrick C. Casey was convicted of murder
in the first degree, and he appeals. Affirmed.

M. A. Diskin and John I’, INtunz, for appel-
lant. R. C. Stoddard, Atty. Gen., and L. J}.
Fowler, Deputy Atty. Gen., for respondent.

SWEENEY, C. J. The defendant, under
the assumed name of Patrick C. Casey, was
indicted by the grand jury of Esmeralda
county, state of Nevada, for the crime of
inurder in the first degree, for willfully, fel-
oniously, and with malice aforethought in-
flicting a mortal wound on Mrs. Lucy Ueslip
with a loaded pistol, from which she died on
the 16th day of August, 1909.

It appears from the record that on the
16th day of August, 1909, at about 7 o’clock
in the evening, the defendant shot and killed
Mrs. Lucy I[Ileslip and wounded her compan-
ion, Mrs. Alice Mann, at -Goldfield, Nev.,
while these ladies, with another, were sert-
ed in front of the Ileslip home. It appenrs
that on the evening of the tragedy the victim
of the accused, Mrs. Lucy Ieslip, and Mrs.
Alice Mann and Miss Leury, while engaged
in neighborly conversation, were panie strick-
en by the defendant, who, after coming wp
the street to the Tleslip residence, stopped,
pulled and Jeveled his gun, and fired a cou-
ple of shots, striking Mrs. Mann; and, when
Mrs. Jleslip, in a half rising position, seream-
ed, “What do you menn?” the defendant in-

stantly turned, faced Mrs. Heslip, leveled his
gun, and fired a bullet into the head of the
lady, causing her almost instantaneous death.
The defendant then turned out into the
street and, pretending to place the gun to his
head, fired the fourth shot, making a super-
ficial wound in his own head. The defend-
ant then strolled leisurely down the street,
his pistol openly in his hand, and when over-
taken at TIall street by Mr. Dunn, who at
once disarmed him, the defendant drew a
carving knife and struek Dunn in the shonl-
der. When cries of “Iyneh him’ were heard
by the defendant, although feigning to he
dead drunk, he had suficient presence . of
mind to hastily request Officer Sullivan to
protect and hurry him:to the jail, and in-
quire of Officer Sullivan, before being arrest-
ed, “Are you an officer?”

The motive for the crime asserted by the
prosecution was for revenge against Mrs.
Mann for repudiating him, and against Mrs,
Ileslip for interfering with his desires. In
support of the motive for the defendant's
crime, and his preparation for a defense
thereto, it appears that the defendant, four
months before the commission of this mur-
der. took up his residence in Goldfield and
lived with one Jack Murray, who owned a
cabin within a few feet of the home of Mrs.
Alice Mann, one of the women shot onthe
night of this homicide. That Mrs. Mann re-
sided with her husband for at least two
months during the time the defendant resid-
ed with Murray, and that the ordinary neigh-
horly and friendly courtesies existed between
fhe four. When Mr. Mann, out of employ-
ment in Goldfield, left for San Francisco to
secure employment, the defendant began to
attempt to force his attentions on Mrs, Mann
and to attempt to assume a too familiar
friendly relation, until he progressed to the
extent of insulting Mrs. Mann with improper
proposals, which Mrs. Mann indignantly re-
pelled and rebuked the defendant for his at-
tentions, and gave all of her social time to
visiting the Heslips. This action on the part
of Mrs. Mann and her refusal to have any-
thing to do with the defendant aroused his
unwarranted jealousy, and it appears he be-
came greatly incensed at the Ileslips for en-
tertaining and protecting Mrs. Mann, in the
absence of her husband, against the attemprt-
ed attentions of the defendant towards Mrs.
Mann. Nowithstanding Mrs. Mann repulsed
the attentions attempted to be forced on her
by the defendant. the defendant seemed to
believe himself privileged in his jealous rage
to reprove her for keeping so much compa-
ny with the TTeslips, and he was apparently
jealous of the time she spent away from her
home in company with the Tleslips, for whom
the defendant acquired a deep hatred and
anger for some two weeks prior to the
tragedy.

Between 9 and 11 o'clock on the morning

*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes

A a ace et) ie ea

RAE, RINE CR

Ney.)

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ta

Nev.) STATE v. CASEY 5

made in the proceeding, whether it con-
cerns the merits or not, is just as impervious
to collateral attack as the final judgment on
the merits. An interlocutory order, no mat-
ter how erroneous, if not void, will justify
and protect all persons as colpletely as the
final judgment itself. * * * Thus, inter-
locutory orders made in administration pro-
ceedings are only prima facie correct in a
direct proceeding to set them aside, but ure
conclusive in a suit on an administrator’s
bond.”

It cannot be said, we think, that the or-
ders of June 12th, supra, were void. They
were made after notice and hearing, and if
the court committed error in making the
same, the error could only be corrected by ap-
peal or other direct attack. The receiver did
not attempt in any way open to him to have
the orders set aside and, hence, he-is bound
by them. Had the receiver obeyed these or-
ders, and paid out the money to the creditors

_ as directed, the orders would ‘have been a

protection to him in the event other creditors
or parties to the proceeding sought to com-
pel him to account to them for the money
so paid out. Hovey v. McDonald, 109 U. S.
150, 3 Sup. Ct. 186, 27 L. Ed. S88.

{5] As the receiver is bound by these or-
ders, so is the surety on his bond. Deegan
v. Deegan, supra; Treweek v. Howard, 105
Cal, 484, 39 Pac. 20; Douglass v. Ferris, 138
N. Y. 192, 33 N. I. 1041, 34 Am. St. Rep. 435.

Other questions presented by the record
it is unnecessary to consider. It follows that
the judgments should be affirmed.

It is so ordered.

SWEENEY, C. J., and TALBOT, J., con-
cur,

(84 Nev. 154)
STATE v. CASEY.f

(Supreme Court of Nevada. July 1, 1911.)

1. INDICTMENT AND INFORMATION (§ 140*)—
Motion TO QUASH — DISQUALIFICATION OF
GRAND JURORS—HEARING ON AFFIDAVITS.

Where accused, in support of his motion to

quash the indictment for nonresidence of a

grand juror, presented an affidavit on informa-

tion and belief averring that fact, he could not
complain of the presentation by the state of an
affidavit of the juror averring his residence and
the disposition by the court of the motion on
the affidavits, and accused, if desiring the pres-
ence of the grand juror, should have subpoenaed
him, or taken his testimony by deposition.

{Ed. Note.—Ior other cases, see Indictment
ve ohana Cent: Dig. § 475; Dec. Dig. §

40.

2. GRAND JuRY (§ 3*)—NUMBER OF JURORS.
Twelve qualified grand jurors are a legal
body, and may return an indictment.
{Ed. Note.—For other cases, see Grand Jury,
Cent. Dig. §§ 3-6; Dec. Dig. § 3.*]

8. CRIMINAL LAW (§ 126*)—CHANGE OF VEN-
UE—PREJUDICE AGAINST ACCUSED.
To require a change of venue under Comp.
Laws, § 4271, providing for a change of venue
on the ground that a fair trial cannot be had

in the county where the indictment is pending,
it must appear that the prejudice against ac-
cused is so great as to prevent a fair trial, and
it is not sufficient merely to show that great
prejudice exists against him.

[Icd. Note.—For other cases, see Criminal
Law, Cent. Dig. § 243; Dee. Dig. § 126.*]

4, CRIMINAL Law (§ 126*)—CHANGE OF VEN-
UE—PREJUDICE AGAINST ACCUSED.

Where there was great feeling against ae-
cused in the town where the offense was com-
mitted, but that feeling did not permeate the
entire county, which contained between four
and five thousand possible jurors, and many of
the jurors were drawn from portions of the
county where the victim of accused was un-
known, and where the crime was hardly known
of or discussed, the refusal to grant a change
of venue on the ground of the prejudice against
accused was not erroneous,

[Ed. Note.—For other cases, see Criminal
Law, Cent. Dig. § 248; Dec. Dig. § 126.*]

5. CRIMINAL Law (§ 121*)—CHANGE OF VEN-
UE—DISCRETION OF TRIAL COURT.

A motion for a change of venue is address-
ed to the sound discretion of the trial court,
and where it is possible to secure an impartial
jury the denial of the motion is within the
court’s discretion.

[Id. Note.—I’or other cases, see Criminal
Law, Cent. Dig. § 241; Dee. Dig. § 121.*]

6. Jury ($ 183*)—QUALIFICATIONS OF JURORS
—ISXAMINATION ON VOIR DIRE.

In determining the condition of a juror’s
mind as to his qualifications, all of his exam-
ination on voir dire should be considered and
doubts as to his qualification resolved in favor
of accused.

[Icd. Note.—For other cases, see Jury, Cent.
Dig. §§ 586-598; Dec. Dig. § 133.*]
7. JuRY (§ 99*)—QUALIFICATIONS—OPINION.

A challenge to a juror, who on voir dire
testified that he entertained an opinion which
he could lay aside without any evidence, and
that he could determine the case according to
the evidence and the instructions, and that he
had not expressed any opinion, but that he had

at the present time some belief on the guilt or’

innocence of accused, based on what he had
heard, was properly denied.

[Ed. Note.—Ior other cases, see Jury, Cent.
Dig. §§ 4838-448; Dec. Dig. § 99.*]

8. Jury (§ 97*)—QUALIFICATIONS—PREJUDICE.
A challenge to a juror, who on voir dire
admitted that he entertained a prejudice against
the defense of hereditary insanity and acute
alcoholic insanity, and did not believe in their
existence, but who stated that if legal insanity
was shown by the evidence and the instructions
he would give proper credit to the defense, was
properly denied.
[Id. Note.—For other cases, see Jury, Cent.
Dig. §§ 431-487; Dee. Dig. § 97.*]
9. CRIMINAL Law (§ 740*)—INSANITY — DE-
FENSE—QUESTION FOR JURY.

Where a defense of insanity is interposed
for accused, it becomes a matter of evidence,
the admissibility of which must first be passed
on by the court to determine the form of in-
sanity, and it then becomes a question of law
for the court whether the form of insanity at-
tempted to be proved is a legal defense, and
if recognized the defense must be submitted to
the jury by proper instructions.

[Ed. Note.—For other cases, see Criminal
Law, Dec. Dig. § 740.*] .

10. Jury (§ 99*)—DISQUALIFICATION OF JU-
RORS—ABSTRACT OPINION.

The existence of a mere abstract opinion of

a juror, in which no element of malice or un-

"ior dther cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
j Rehearing denied August 2, 191L

* REP as tet


TY PAPERS

t was the reason according
Joty was considered -a ver

i

Pretty fine place, and we.
intry and on to California
our necessaries from. Mr
to California. He and I
‘me & bring groceries &e,
Sht them by the Stockton 4
: Toute had been traveled 4

m got about $214 a day.»

Uy, ¥. and when they vot af

. Brigham Young and the
tock and that is how the ° |
Ing used in the eonstrue- om
len to here was built out :
was laid in the Depot on
e first organization. We
Pay our debts; then our
ind I eould not imagine
ty the coupons, but the —:
‘the Emma Mine opened... 3

A great many English
we*® anything but they
n 1g today, still they
as ueen a great deal of
vay commenced paying
per cent per month on
e of road. I consider it
¢ country grows it will

‘try. He sent the first
g discouraged mining,
the riff-raft here, and
'? It was all we could
“y I order to maintain
> must be encouraged,
le aeted in accordance
old to the miners who-
up we would have
ese valleys.
there has been a good
he Mormons did not
tmy was here [name
were very intimate.
ind everything ready
' party of them going
ip this outfit and was
‘prepared to start.
of their judges told:
ng asked one of the
d search it and find

nia P Nit iP ingest Kn

NEVADA HISTORICAL SOCIETY PAPERS 183
} out who was at the bottom of the massacre. He went down there but

hever did anything at all. I believe Prest. Young tried his best to
get that settled, and I know he was cleared from anything. In J anuary,

@ 1858, Livingston and his party went down there and enquired into it,

and they were satisfied that it was the Indians that did it.

a : FOUNDERS OF CARSON CITY
By Jacoz Kien (1883)

[PRINTER’s NotE—Under special instructions from the Secretary of the Nevada Historical
Society, this article, in regard to spelling, punctuation, and capitalization of words, is printed
‘exactly as written] ‘

I was born in Alsace in France in 1831. T learnt my trade, baker
there. When 17 years old I commenced to work as a journeyman baker.
Worked in different places and cities in Alsace till I was 19. Then

+ Iwent to America. I worked in New York and Philadelphia. In 1853

I arrived in San Francisco. I went to mining then in Placer County,
California. I madea few thousand dollars in mining and lost it. Then
I went into the business of bakery, lodging house and saloon business.
Started in with a capital of $10 and made some money there. This was
at Newtown between Marysville and Auburn. ‘I stayed there till 1860.
I also was in Yankee Jims in Placer County. On the 18th of April 1860
I came to Nevada. I came from Placerville right to Carson City and
have lived here ever since. When I came here flour was worth $75 a
hundred. We went through the snow for 7 days before we could get
here from Placerville. Freight was a dollar a pound on some articles.
I went into the brewery business where I am yet. The firm was
Gerhauser, Klein and Wagner. I am running the business alone now.
When I came here in 1860 the current rate of interest on money was
about 10 per cent per month. There was nothing in Carson only a few
houses, perhaps 30 or 40 houses. Mr. Curry, Major Ormsby, D. Perkins,
Doctor Tjader, 8. T. Swift, John Musser, Spear were living here. Musser
was Territorial Delegate in Congress. Cradlebaugh was Judge of the
District here. I was in Court when a German woman killed a Spaniard
right in open Court. That was in the latter part of 1860, in December,
I think. The trouble grew out of jealousie on his part. He was living
in her house. He.slandered her. A lawsuit arose about it in which the
woman was a witness. Thenshe shothim. The Spaniard jumped about
5 feet high and then fell down dead. She was indicted for the murder,
tried and acquitted by the jury in the Court room where she had killed
deceased. There was a pretty rough State of Society in Carson City at
that time. Two or three men were killed here every six months. There
were but few women here. Shooting affrays were of frequent occurrence.
The town was infested with rough characters. Old Brown, the murderer,
who was afterwards killed by Henry Vansickle in Genoa, was here.
Another murderer McKee was killed here in 1862. Nobody knows who
killed him. The quiet element among the population were at a great
disadvantage. In 1862 one Carr was hung out on Phillips ranch. -He
killed a man and thréw his bodyin a ditch up on ‘Nevers ranch. He
went to the man and asked him to come out and show him some cattle.

The man went out with him in the field and he killed him. The body |
' lay in the ditch about 8 days before it. was found. Carr was captured in

Nevada City, brought here by Sheriff Blackburn, tried and convicted and
hung. oe

fs best tacccdh

3 digs i
M9 RET

he

ee cae

——
Rah

IFS RG

in Sli

xe

Taine multe oa

a me TSN OT I ETT ES | AT
SEPA 8: HP EE ORE a, ECS FP

ys,

ST a LS


NEVADA HISTORICAL SOCIETY PAPERS

or it wa |
s the reason accord out who was at the bottom of the massacre. He went down there but
‘never did anything at all. I believe Prest. Young tried his best to
get that settled, and I know he was cleared from anything. In January,
: Me 1858, Livingston and his party went down there and enquired into it
countr ae ; 2s part; e enquirec .
: y and on to California, and they were satisfied that it was the Indians that did it.

FOUNDERS OF CARSON CITY

By Jacosp KiLEIn (1883)

[Printer’s Note—Under special instructions from the Secretary of the Nevada Historical
Society, this article, in regard to spelling, punctuation, and capitalization of words, is printed
exactly as written] !

I was born in Alsace in France in 18381. I learnt my trade, baker
there. When 17 years old I commenced to work as a journeyman baker.
Worked in different places and cities in Alsace till I was 19.° Then
I went to America. I worked in New York and Philadelphia. In 1853
I arrived in San Francisco. I went to mining then in Placer County,
California. I made a few thousand dollars in mining and lost it. Then
I went into the business of bakery, lodging house and saloon business.
Started in with a capital of $10 and made some money there. This was
at Newtown between Marysville and Auburn. I stayed there till 1860.
L also was in Yankee Jims in Placer County. On the 18th of April 1860
I came to Nevada. I came from Placerville right to Carson City and
have lived here ever since. When I came here flour was worth $75 a
hundred. We went through the snow for 7 days before we could get
here from Placerville. Freight was a dollar a pound on some articles.
I went into the brewery business where I am yet. The firm was
Gerhauser, Klein and Wagner. I am running the business alone now.
When I came here in 1860 the current rate of interest on money was
about 10 per cent per month. There was nothing in Carson only a few
houses, perhaps 30 or 40 houses. Mr. Curry, Major Ormsby, D. Perkins,
Doctor Tjader, 8. T. Swift, John Musser, Spear were living here. Musser
was Territorial Delegate in Congress. Cradlebaugh was Judge of the
District here. I was in Court when a German woman killed a Spaniard
right in open Court. That was in the latter part of 1860, in December,

for me & bring groceries &e,
rought them by the Stockton
that route had been traveled —

Ogden to here was built out —
rail was laid in the Depot on —
f the first organization. We
to pay our debts; then our
00 and I could not ‘imagine
to pay the coupons, but the
City the Emma Mine opened
dore. A great many English —
ever worth anything but they
it is nothing today, still they _
ere has been a great deal of
Railway commenced paying
to 1 per cent per month on
piece of road. I consider it
as the country grows it will
country. He sent the first
Young discouraged mining vad
ht all the riff-raff here, and |

(Corr

we do? It was all we eould

ulture must be encouraged,

and sold to the miners who
orked up we would have
In these valleys.

acre there has been a goo
that the Mormons did ae
on's army was here [name
d we were very intimate.
vers and everything ready
Was a party of them going
d got up this outfit and was
ere then prepared to start.
some of their judges told:
. Young asked one of the
ase and search it and find

cessary in order to maintain _

people acted in accordance a

I think. The trouble grew out of jealousie on his part. He was living

‘in her house. He.slandered her. A lawsuit arose about it in which the

woman was a witness. Thenshe shothim. The Spaniard jumped about
5 feet high and then fell down dead. She was indicted for the murder,
tried and acquitted by the jury in the Court room where she had killed
deceased. There was a pretty rough State of Society in Carson City at
that time. Two or three men were killed here every six months. There
were but few women here. Shooting affrays were of frequent occurrence.
The town was infested with rough characters. Old Brown, the murderer,
who was afterwards killed by Henry Vansickle in Genoa, was here.
Another murderer McKee was killed here in 1862. Nobody knows who
killed him. The quiet element among the population were at a great
disadvantage. In 1862 one Carr was hung out on Phillips ranch. -He
killed a man and threw his body in a ditch up on Nevers ranch. He
went to the man and asked him to come out and show him some cattle.

The man went out with him in the field and he killed him. The body |
- Jay in the ditch about 8 days before it was found. Carr was captured in

Nevada City, brought here by Sheriff Blackburn, tried and convicted and
hung.


SF xamine
Cole refuses ..

any appeal —
Til kjll again,

911M lis tS Ma

EXAMINER NEWS SERVICES

CARSON CITY — Carroll Cole,
who said he began killing at the age
of 8 and should die because he
would kill again, was executed to-
day for the murder of one of the
dozen women he said he had stran-
gled to get even with his mother.

Relaxed by two sedative injec-
tions in his final hour, Cole was led
in chains to the century-old Nevada —
State Prison’s converted gas cham-
ber. He was strapped to the padded
death table, where two needles
were inserted into ‘his ‘tattooed
arms. ne 3M VAR BD Fed rm a4
Nine witnesses, including Cole’s ©

rosecutor, defense attorney and
beosrapheins stood with 17 report-
ers behind 4 railing about 6 feet
away. In another room, a team of
three executioners injected three |
lethal drugs into the clear, plastic
tubes leading into his arms.

His hands clenched in loose fists, --

Cole’s eyes closed slowly, his lips

quivered and” fils’ stomach ‘con: '
” yulsed briefly before doctors pro:

nounced him dead at 2:10 a.m. 4.

State Prison Director George.
Sumner said injection is a quicker.
method of execution than the gas.
chamber Nevada has used in the

st.
“It was safe, efficient and it looks:
“to me like it was painless,” Sumner

* gaid of Nevada's first execution by
| Jethal injection after changing

methods three years ago because
the 35-year-old gas chamber leaked:

Last night, the state Supreme,
Court rejected an appeal by three
other death row inmates who con-
tended Cole was incompetent or in-

“ sane.

About a dozen people carrying
candles stood outside the prison’s
fortress-like walls to protest the na-
tion’s 50th execution since the U.S.
Supreme Court reinstated capital

" punishment in 1976. It was the first

execution in Nevada since 1979. |

“Very simply, we believe no one
» should pass from life without some-

one to stage a vigil,” said Rabbi

—Please see COLE, Age

Ms

Myra Soifer, one of the vigil lead-

OMB. aks i
“We know we cannot stop the

~ execution, We know we cannot stop

the death penalty right now.”
Cole, 47, became a Roman Catho-
lic and was baptized on his final day
and received last rites. He spent his
dJast hours talking with guards,

‘ watching TV, playing’ Monopoly .

and chatting with chaplains.

Cole said he had seduced a dozen
women, romancing them before
throttling them. “No woman is safe
with me,” he told interviewers.

Cole was sentenced to die after
pleading guilty to the 1979 stran-

gling of Marie Cushman of Las.
Vegas. After meeting in a bar, he -

said, they went to a motel and had
sex before he killed her.’ .
Cole refused extended appeals

' of his sentence, saying, “Why pro-
‘ long a despicable person's life who

acted as judge, jury and execution-
er to the people he murdered with-
put regard to the victim?

. “I know J'll kill again if I get out
of prison, ...I'm a danger to soci-
ety iat
’~ He confessed to 13 murders, in-
cluding the drowning of a playmate

who had made fun of him when he *

was 8, ;
In 4n interview Wednesday be-

| COLE 52% ‘

Edens A-1 Friday Dec. 6

’

Carroll
Cole

Killer
warned that
child abuse
can cause
murderous
behavior

fore going to the “last night cell”
near the death chamber, Cole said
he was seeking revenge against his .
mother, who abused him as a child
and forced him not to tell his father
‘about her affairs with other men.

Asked about his mental state, he
admitted “having a little trouble.”

“IT don’t show it much, but it’s not
as bad as I thought it might be,
which helps. It has a lot to do with
attitude. I'm not blaming every-
body and everything like that. It
only gets in the way.

“My dream, my hope, is coming
true to a degree, as long as I can
bring attention to people what hap-

. pened.”

Cole said he had béen able to
stress the impact.of child abuse in
cases such as his. “Anything you do
to a kid follows them through life.
It’s just like a walking time bomb.”
. He said he agreed té let doctors
examine his brain after his execu-

‘tion. to see whether there was a

physical reason for his murderous’
rages that followed heavy drinking
bouts in bars, where he met many

‘of his victims,

|


COLE,

, ane

Carroll,

white,

| fontersed: Killer of 13 Executed —
| By a.Lethal Inj

lethal injection,

Nev,

ection in Nevada

st thy BNI

- CARSON cITy, Nev:' Dec. 6 ne —_
Carroll E. Cole, who confessed 13 kill-

ings he said were revenge against his |
| abusive mother, was executed by lethal
| injection today after ‘rejecting appeals
| because '“‘it: would be oma! sper pee to
‘stay on here,”*: #191" #°

Mr. Cole, a 47- r-old drifter, was
pronounced dead at, 2:10 A.M., six
minutes after three deadly chemicals
were pumped into his body. He was the
first person executed .in Nevada since
1979 and the 50th in the United States
since the Supreme Court forontated, the
death penalty in 1976.. | %

Mr. Cole was convicted in Texas of
strangling three Dallas women in 1980.
He was extradited to Nevada, where he
was convicted of killing Kathryn Joan
Blum in 1977.and Marie Cushman in
1979, both in Las Vegas. He was sen-
enn to death for the Cushman mur-

er !

‘He once told a paychiatrist’ that he
had killed 35 people, all but one a
woman. In an interview Wednesday be-
fore going to a ceil near the death
chamber, he scaled that back to 14 or 15
murders.

Revenge Against His Mother.
‘Mr. Cole also said in the interview
that he had sought revenge against his
mother, who abused him when he was a
child asd forced him not to tell his fa-
ther about her affairs with other men.

“As ‘four guards fastened the eight

straps binding him to the execution |
‘| table, Mr. Cole looked over. his shoul-
der at Mike and Judy Newman of Las | ©

Vegas, who had befriended him: Mr.

Newman, whose wife is writing a book |.
about Mr. Cole, quoted. "ae as saying,

“I appreciate it.’’ °

The condemned man, who appeared

pale but calm, made no other final
statement. *

_ Mr. Cole received two injections of

Valium, the last one 10 minutes before

| being escorted into the death chamber.

He wore blue denims, a short-sleeve
blue prison shirt and tennis phos with
no. laces.

~ Final Hours in Prisga

He spent part of his final hours play-
ing cards with the prison chaplain, the

‘Rev. David Casaleggio. He also wrote

letters, watched television and read
books and mail. He had a final meal of

My =ameS Saf. (2-7 - £5

fried shrimp, french fries, salad and.
clam chowder. 5 By

“Mr. Cole, a Roman Catholic, madea
final confession and took communion.

. Late Thursday the Nevada Supreme
Court rejected an appeal by three other
death row inmates who contended that
Mr. Cole was incompetent or insane.

His attorney, Edward Marshall, told
the court Mr. Cole had told him, “It
would be unbearable to stay orrhere.”

Nevada’s last execution was in 1979,
when Jesse Bishop, a convicted mur-
derer, died in the gas chamber. Mr.
Cole. was the first person to be executed
by injection in Nevada.

Vigil Outside State Prison

' About a dozen people held an inter-
faith vigil outside the Nevada State
Prison as the execution neared.

“Very simply, we believe no one
should pass from life without someone
to stage a vigil,’’ said Rabbi Myra Soi-
fer, one of the vigil leaders. ‘‘We know
we cannot stop the execution. We know
we cannot stop the death penalty right
now.”’

Mr. Cole sought psychiatric help be-
cause of his urge to kill, but said he
“slid through the cracks in the medical
and psychiatric system.”

He said he agreed to let doctors ex-
amine his brain after his execution to
see whether there was a physical rea-
son for his murderous rages, which fol-

| lowed heavy drinking bouts in bars

where he met many of his victims.

(Clark) 12-6-1985,

—_—

CR et ete eet et

Qn Oe oS eer ine

en ECO LA CELE FR FE

deere f % : ‘ “ * :

By Associated Press

°

The Hours Before the Execution ~

po guard Lieutenant Margaret Knapp examined the tableon Cole, 47, who says he has killed 15 women in revenge against his
which convicted mass murderer Carroll Edward Cole faced abusive mother, was convicted of killing fwo women in Nevada and
execution last night by lethal injection at Nevada State Prison. three in Texas. Nevada's last execution was in 1979.


a
’ J .
Tocsys & Lae Se ie ae Saturday | SectionC .
ready season. ruckee cba = es * NOVEMBER ‘9, 1985 | 2C OBITUARIES
Swap will be held from 1 to 5 p.m. at x
a Truckee High School. Admission is $1.50 RENO GAZETTEVJOURNAL | 2-110 CLASSIFIED
> for aduits, 50 cents for children. Details: . ' Si #6e5 3
(916) 587-3587.

.

By Brendan Riley/AP- ._yigtion Oct. 22. Any delay would be for no _ lethal injection in Nevada if the sentence

c tion was unsuccessful in its efforts to
CARSON CITY — A Death Row convict more than a day or two. : : is carried out next month. Nevada had block the Bishop execution and has not
‘who claims he killed 35 le, mostly Leavitt said Cole's personal appearance used the gas chamber but the method of decided whether it would attempt to inter-
women he met in bars, was flown to Las isa’t mandatory, but he wants there execution was changed following the  vene on Cole’s behalf.
Vegas Friday for court appearance next because the Death Row inmate is now tate’s last execution in 1979. Cole told police he strangled women out
week. in which he’ll get a new execution representing himself. Edward Marshall, Jesse Bishop, convicted of a Las Vegas of vengeance for his mother, who he said
date. the lawyer who handled Cole’s unwanted casino slaying, was the last person to be picked up men at bars and then had sex
Carroll Cole, 47, sentenced to die for the state Supreme Court appeal, also will be executed in Nevada, on Oct. 22, 1979. with them.
1979 strangulation of a Las Vegas woman, invited to attend. The Supreme Court Bishop, like Cole, resisted all efforts to In Nevada, Cole was convicted of stran-
wants no appeals. As.a result, it’s likely review postponed an earlier execution prevent his death. gling Marie Cushman. Working for the
the. Dec. 6 execution expected to be set Hig ic Wrens oo Marshall has said Cole, described as-a vation Army in Las Vegas at the time,
Wednesday by District Judge Myron Lee- ‘The request for a new death-date will be short, squat Clark Gable look-alike, is Cole said he picked up the woman in a
, witt will be carried out on le. .. | made by Deputy District ready to die because he believes be will hotel bar, took her to a room where they
Leavitt said the bearing date is tenta- Attorney Dan Seaton. Under Nevada law, kill again if released. ii had sex, and then killed her. %-
tive and depends on whether paperwork the sentence must be carried out 15 to 30 The American Civil Liberties Union has He was also convicted of the 1977 slay-
, arrives on time from the Nevada day athe Se ranean on been monitoring. the Cole case, But an ing of another. Las Vegas “woman,
mee en Se would be the first person to die by ACLU spokesman has said the organiza- See EXECUTION, page 2C
an cae 5" ee ~ + == ee canes eee - appeal Te, : LoS pas oo 6d. preg. Sesze
— sn. @ _ WB a Ls

Reno Gazcae sourngl. [1-4-9

acti id Cole also told one psy-
Execution Gate — Mrithesiies pene athe
the lawyer said that teste questions
knows for certain how

rg ma to ing a ae "fe added that Cole ‘had sought help in
i : ears in mental hosp! beca' Le

id bo during Cole's boy od years estas oe feels

Es sad. Calif. Cole is @ native of Sioux ss.

Ri

ae TNF

Nevada slayer’s final meal:

jumbo shrimp,

rf
By Laura Myers/Gazette-Journal

CARSON CITY — Condemned serial
killer Carroll Edward ‘‘Eddie’’ Cole spent
his last hours on Nevada’s Death Row
‘‘nervous and feeling claustrophobic’’ but
with a resolve to be the first killer exe-
cuted in the state since 1979 — and the
first by lethal injection.

“T have no thought to call it off,” he

said in a final interview. ‘‘I have no plans .

of resisting.”’

Cole, 47, spent the day talking to a San
Diego County investigator, watching TV,
writing letters, playing Monopoly, giving
confession, taking communion and ignor-
ing 11th-hour appeals to save his life by
three fellow Death Row inmates.

Cole was scheduled to die at 2 a.m.

Inmates John Olausen, Patrick Cavan-
augh and Tom Wilson appealed Thursday
to the District Court to stay Cole’s execu-
tion. They alleged he was ‘“‘legally
insane”’ and not competent to decide if he

fries, chowder

/x “4 <<) should die. The court rejected the

appeal.

In a special night session, the Nevada
Supreme Court upheld the lower court’s
findings. The reason was Cole’s wish to
die and ‘‘no showing of Cole’s incompe-
tency or insanity,’’ said Chief Justice
Charles Springer.

Edward Marshall, Cole’s attorney, told
the court he had talked with Cole about 20
minutes before the 9 p.m. high court ses-
sion and Cole said ‘‘he’s ready to go (and)
all systems are go.”’

Cole said earlier this week, ‘‘(I’ve)
messed up my life so bad that I just don’t
want to go on.”’

For a last meal, Cole ordered jumbo
fried shrimp, french fries, salad with
french dressing and Boston clam chow-
der. The 165-pound killer skipped lunch.
For breakfast, he ate eggs, bacon, hash
browns, toast and coffee.

‘‘He can have whatever he wants,”’ said
Associate Warden Pat Anderson. ‘‘Last

See LAST, page 9A

Miller, a to
_ Vegas bar
Mountain, wh
with arock.

girls, Lori Lyn
Shawn Marie Hof

shot twice in the head


~~

wa

Reno Gazette-Journal

Nevada’s Death Row

From page 1A
Schindler and 9-year-old Carly Villa in
Reno by hitting them with rocks.

OC Kenneth McKague, 32, who tied up
Reno motel managers William and Irene
Henry in December 1978 and shot them in
the head.

CO William Thompson, 47. A transient,
Thompson was sentenced to die for mur-
dering another transient, Randy Waldron,
at a hobo camp in Reno.

0 Thomas Crump, 45, who strangled
Las Vegas escort service employee Jodie
Jameson on Oct. 4, 1980. He was sen-
tenced to die in Nevada after being extra-
dited from New Mexico, where he was
serving life imprisonment for killing his
wife, a cab driver and a tourist.

OC Gerald Gallego, 39. In 1981, Gallego
kidnapped Karen Chipman Twiggs and
Stacey Redican, both 17, in Sacramento
and drove them to an isolated area near
Lovelock, where he beat them to death
with a hammer. His wife testified at his trial
Gallego was looking for the perfect sex
slave. Gallego’s father was the first man
executed in the gas chamber in Mississippi
in 1955.

C Priscilla Ford, 56, who drove her Lin-
coln Continental down a sidewalk on
Reno’s casino row on Thanksgiving Day
1980. She received the death penalty for
killing six people.

O Sheila Summers, 29, who was paid
$1,500 for murdering Joy Spinney near Las
Vegas in September 1982.

0) Patrick McKenna, 39, who killed
Clark County cellmate Jack Nobles in
1982.

C1 Samuel Howard, 33. He murdered
Las Vegas dentist George Monahan after
going for a test ride in his van.

O John Oliver Snow, 42. Allegedly a
New Jersey hit man, he was sentenced
to die for killing Las Vegas lounge owner
Harry Wham on Feb. 13, 1983.

OC Robert Ybarra, 32, sentenced to die
in 1981 for the murder, kidnap and rape of
a 16-year-old Ely girl. Ybarra took the girl
to the desert in 1979 and set her on fire.
She was found wandering naked in the

‘desert and identified her assailant before

dying the following day.

0 John Olausen, 24, and Edward T.
Wilson, 33, sentenced to die for the con-
tract stabbing death of Reno police officer
James Dean Hoff in 1979.

0 John Mazzan,-39. He fatally stabbed

~ Richard C. Minor Jr., son of a former Reno
' judge, in 1978. The Nevada Supreme

Court overturned his death penalty sen-

. tence in 1984, but he was retried and
resentenced to death.

0 Ronnie Milligan, 35. He stole money
from Zolihon Voinski, 77, of Las Vegas, on
July 4, 1980, then killed her with a sledge-

hammer at a rest area on Interstate 80
near Valmy.

C0 Mark Joseph Rogers, 28. He fatally
stabbed three members of the Ermery
Strode mining family in December 1981
near Lovelock.

CO Robert Farmer, 29. He pleaded guilty
in May 1984 to fatally stabbing a Las Vegas
cab driver during a robbery.

C Tracy Petrocelli, 34. A professional
gambler, he was sentenced to die in 1982
for killing Reno car dealer James Wilson
while on a demonstration drive. He was
also convicted in Washington state for the
murder of his 18-year-old girlfriend.

OC Roberto Miranda, 42. A Cuban immi-
grant who came to the United States with
the Mariel boatlift in 1980, he was sen-
tenced to die for stabbing a Mexican alien
in Las Vegas in 1981 while burglarizing an
apartment. He was later arrested in Los
Angeles after a shootout with police.

CO Cary Williams, 22. A former boxer, he
murdered pregnant Reno nurse Katherine
Carlson in June 1982, while burglarizing
her home. Carlson, seven months preg-
nant, was stabbed 38 times with a butcher
knife.

O James Hill, 22. In 1983, he raped
and killed a 56-year-old Las Vegas woman
confined to a wheelchair. He is described
as having an IQ of 68 as the result of a
childhood injury.

1 Thomas Nevius, 29. In 1982 he was
sentenced to die for killing the husband of
the Las Vegas woman he raped.

0 Richard Moran, 31. He was sen-
tenced to die in January 1985 for killing
two employees during a robbery at the Red
Pearl bar in Las Vegas. He also confessed
to murdering his ex-wife several days
later.

OC Patrick Cavanaugh, 40. He was sen-
tenced to die in December 1984 for shoot-
ing Nathaniel ‘‘Buster’’ Wilson, a former
member of the Coasters singing group, in
Las Vegas in 1980. He sawed off his vic-
tim’s hands and feet.

CO Michael Hogan, 36. He was sen-
tenced to die for killing his live-in girlfriend,
Heidi Hinckley in November 1984.

OC Manuel Lopez, 26. He was sentenced
to die for the torture-murder of his 4-year-
old stepdaughter, Jessica Cevallos in Jan-
uary 1985 in Las Vegas. His wife testified
Lopez hung the girl by her hair in a closet
and made her sit in scalding water.

C2 Henry Dawson, 41. Last March, he
beat and strangled a 24-year-old gas sta-
tion attendant, Leslie Gail Shepard, in Las
Vegas.

OU Dale Flanagan and Randy Moore,
both 20. They were sentenced in Octo-
ber for murdering Flanagan’s grandpar-
ents, Carl and Colleen Gordon, on Nov.
5, 1984, in Las Vegas. They hoped to
receive proceeds from the couple’s will.

Friday, December 6, 1985—9A

oo


Last day

From page 1A,
night (Wednesday) he ordered Kentucky
Fried Chicken but we had to get him
chicken nuggets because he’s not allowed
food with bones.”

Prison Warden Harol Whitley said Cole
converted. to Catholicism, with the Rev.

-Dave Casaleggio performing the service.
... “He has a good attitude and is not dis-
playing any anger,’’ Whitley said.

_ Described by some as a Clark Gable
look-alike, Cole stands 5-foot, 714-inches
tall. He has dark brown hair and hazel
eyes and was described by the Nevada
Supreme Court as a man with a ‘“‘pen-
chant for murdering women.”’ He has
confessed to killing 13.

One hour before his execution Cole was

housed in the “last night’’ cell, a 7-foot
by 7-foot cubicle that holds a cot, toilet
and wash basin. He was to be injected
with Nembutal, a sedative, to prevent any
last-minute resistance.
:' He was then to be strapped to a table
where three different lethal drugs would
be injected into his arms to stop his ner-
vous system, breathing and heart.

Nevada prison officials would not dis-

close what those drugs are. In Texas,
_ State executioners use sodium Pentothal
and Pavulon, drugs often used in intrave-
nous anesthesia, and potassium chlorate,
an oxidizing agent often used in
explosives.

State Prison Director George Sumner
said Cole should be dead almost immedia-
tely. Those put to death in the gas cham-
ber lived several minutes before dying.

Nevada switched from the gas chamber
to lethal injection, saying lethal injection
was more humane.

The day before his scheduled execution,
Cole engaged in gallows humor with biog-
rapher Mike Newton, who, along with
Newton’s wife, Judy, befriended Cole in
April. Cole cracked jokes about giving his
permission for doctors to examine his
brain for abnormalities after he is dead.

“T. guess I’ll be an airhead after my
brain’s removed,” he told the Newtons.
He said he hoped they didn’t fly his brain
out of town because ‘“‘I’ve always had a
problem with airsickness.”’

At about 3 a.m., a team of three doctors
are scheduled to remove Cole’s brain so
they can study it later for possible lesions
or abnormalities that may have caused
Cole’s murderous urges to strangle
women after he had sex with them. The:
brain will be preserved in formaldehyde
for one month at the University of
Nevada-Reno Medical School before it
can be studied, said Dr. John Peacock, a
neurology professor at UNR who will
head the team.

Cole has been convicted of killing five
women — three in Dallas and two in Las
Vegas. He strangled women after meet-
ing them in bars and having sex with
them. He said they reminded him of his
mother, who brought young Cole with her
during adulterous affairs. She also
dressed him in girl’s clothing and
paraded him in front of her friends — a
reminder of his feminine name, Carroll.

Cole said that when he was 8, he
drowned a playmate who made fun of his
name. Officials ruled the drowning an
accident.

Cole told police authorities he killed 13
women. He once told a psychologist he
killed 35 women, but later admitted that
was a ruse he used in an insanity defense
which he later abandoned in favor of a
guilty plea.

But Wednesday he told Newton he may

‘have killed a couple of more women than

the 13 he has confessed to.
“‘He told me he might have killed a cou-
ple more’ in San Diego,” Newton said

* Thursday.

In fact, Cole, isolated from all visitors
but the chaplain in the “‘last-night’’ cell
near the death chamber, was allowed to
see San Diego County Deputy District
Attorney Bill Green.

Associate Warden Anderson said Green
received special permission to visit Cole
in the last-night cell, where visitors
usually aren’t allowed. Anderson said
Green was questioning Cole about the
murder of a woman in San Diego. She had
no other details.

Linda Miller of the San Diego District
Attorney’s Office said she didn’t know
why Green was interviewing Cole, but
said it could be in connection with Cole’s
December 1980 arrest in San Diego as a
suspect in a murder. Miller said Cole was
released and the district attorney never
brought charges against Cole.

“TI know others have endured more
abuse than that and come out OK,”’ Cole
told Newton. ‘“‘But I guess I just. didn’t
have the strength of character to over-
come it.”

Beginning in 1971, Cole began a nine-
year murder spree in Nevada, California,
Texas, Oklahoma and Wyoming. He says
he strangled at least five women,


Nevada kil

H-27-F5 PH

J Gh p 2
Brendan Riley/ap fe hoe

_ LARSON CITY — Nevada Death Row
inmate Carroll Edward Cole says he’s
ready to die by lethal injection Dec. 6
because ‘‘I just messed up my life so bad
that I just:don’t care to go on.”

Cole, 47, who claims he killed 35 people,
Said in a telephone interview Tuesday he
won’t file any. last-minute appeals.
“Everything is in motion and I’m not

» going to change my mind. That’s not to
~ Say I’m not scared, don’t get me wrong,”’

he added...
“I don’t:consider myself brave or cou-

ler
eka

— Fourna’g
own way, even though scared and ner-
vous, sort of at peace too.”

American Civil Liberties Union spokes-
man Richard Siegel said Tuesday the
ACLU won’t try to stop the execution. And
federal and state defenders say they
cat intercede unless Cole asks for their

elp.

Assistant U.S. Public Defender Pat
Flanagan said Cole told him Monday he
wants no appeals. He said he won’t inter-
pore on Cole’s behalf unless Cole requests
it.

" State Public Defender Robert Bork also
said he doesn’t plan to intervene in state

: ‘I’m ready to die’ |

Siegel, of Reno, a national ACLU board
member, said his group’s decision “in no
way reflects any change in the ACLU’s
policy toward the death penalty.”

Sentenced to die for the 1979 strangula-
tion of Marie Cushman in Las Vegas, Cole
also was convicted of the 1977 slaying of

another Las Vegan, Kathryn Joan Blum.
Those convictions followed Cole’s arrest

and convictions in Texas for the stran-
gling of three Dallas women in 1980.

Cole confessed to 13 murders across the
country, including the five that resulted in .
convictions. Cole also told one psychia-

” Yageous or noble,” he said. “I’m in my

courts unless Cole asks for his help.

See DEATH, back page

ep“

N-27-£6 Gael, Dur

From page 1A

_ trist he killed 35 people, all but one of

them women.

The convict also told police he killed
women out of vengeance for his mother,
who he said abused him as a child and
forced him not to tell his father about sex-
ual liaisons she had with other men.

Most of the murders followed heavy

drinking bouts in bars where Cole said he

picked up the victims or was picked up by
them.

Cole said his first murder was in 1946 in
Richmond, Calif., when, at age eight, he
drowned a playmate known only as
*‘Duane”’ who made fun of him. He said
the death was ruled an accident by auth-
orities.

At that point, said Cole, ‘‘I was primed.
I had made a mental commitment I was
going to get even with my mother, and
things just built up and built up and
became an obsession.”’

Cole said he was “‘scared as hell’’ of his
mother, who would take him with her to
her meetings with other men and then
twist his ears, slap and pinch him and
warn him repeatedly to say nothing to his
father.

“Some of the things that went on in
those places I seen, but didn’t understand
it,” said Cole. ‘‘But when she said not to
tell dad I knew it was wrong.”

After a string of juvenile arrests in the
mid-1950s, teen-ager Cole was sent to rel-
atives in Elko. He soon returned to Rich-
mond, joined the Navy and left in 1958
with a bad-conduct discharge after serv-
ing as a signalman on a destroyer.

“After I got out of the Navy things
really went down hill,” said Cole, adding
that his urge to kill women grew so strong
that in 1960 he flagged down a police car
in Richmond and told police.

Committed to Napa State Hospital, Cole
said he was diagnosed as emotionally

unstable but was put into therapy groups
where he felt ‘embarrassed’ and

(wouldn’t talk. “I couldn’t relate, and that

just set a pattern where I wouldn’t say
anything,’’ he added.

Cole was released after 90 days and
drifted from place to place working as a
carpenter, warehouseman and trucker.
He continued to drink heavily, usually
beer, and checked into three or four other
mental facilities until 1963.

Cole said he then married an alcoholic
and prostitute, who died four years later
while he was serving time in Missouri for
attempting to kill an 11-year-old girl.

Paroled in 1970, Cole returned to Cali-
fornia where he strangled three women in
two months in 1971 while living in San
Diego. “Then there was a lapse of a year
or so and there was another killing, and so
on and so forth,”’ said Cole.

The victims included Cole’s second
wife, Diana, strangled in 1979 in San
Diego.

He was divorced by his third wife while
in jail in Texas pending his trial for the
three Dallas stranglings.

Cole said that in all the murders,
usually committed after having sex with
the victims, ‘‘I don’t think I every had any
gratification. I was just left empty.”

“In a way a part of me wants people to
understand without condoning what has
happened,” said Cole. ‘‘But mostly I want
something to be done about these damn
serial kinds of crimes because they are so
unnecessary.”’

“‘T don’t want people to have pity or feel
sorry for me,”’ he said. “‘I just want to

impress on people the importance of what © ,

happened and why it should be cor-
rected.”

Cole said he would like to see some sort —

of telephone ‘‘hotline’’ set up so that peo-
ple like himself could ‘talk to somebody
who will help them. I wonder how many
other people are out there doing the same
une and their crimes going unde-
tected.”’


© it, Lynbroook, N.Y 11563

Victims

er slayer tad: gently. re-

ette from her lips just.

iands encircled her throat
‘rom which there was no
wuld guess that Dorthy’s
er side for two nights after
hich he’d sallied forth in
ier victim. He found her
Ity in another East Dallas
;. She was, as were all of
ited, vulnerable and very

ay Roberts already consi-
ng over-the-hill. Her mar-

Jivorce and she was out of"

own on her luck. She was
ther and sleeping around
ith a boyfriend. Her future
) the bottle for solace. She
onality in many of the ba
n Street. '
arly the next morning
iz on its back in a driveway
used by the employes of
Telephone Company. A
las Police Dept. was made
s they wére at the scene.
| Robinson would lafer

he investigation as the lead

2 outset, the crime was

cide. The victim was clad
iude from the waist down,
he classic position of a rape
ises about her neck and
at she had been strangled to:
‘nas the act of rape was
+ slacks were found some
: parking lot. Evidence was
2d to indicate that she had
-e and then dragged to the
way where she was: raped

scene was processed, the
:d. An autopsy was sche-
the day. Investigators had

d on next page)

d 50 reuseable pellets
target pistol looks and feels
snub nosed revolver in use
- “he cylinder swings out
iber pellets and each
iown FREE supply of
$s of reuseable pellets.
for postage and hand-
eprice promot! refunded if
letely satisfied. Not sold in

oducts Corp. Dept 288DA18

ie goa oie

Seay ee

ai.

not been able to ID the victimat the scene. .
bystanders volunteered the informa- °
tion that they thought they'd seen her in the °
neighborhood before and that she lived near- %

Several

by. perhaps on the same street where the |

- partially clad body was discovered.

A short time later police had worked their
way to 4607 Bryan, which was the address of
Wanda Fay Roberts. They'd also visited
Pauline’s) Bar at 4206 Bryan, just a block
away from where the body was found and
four blocks from the victim's home. A high
level of alcohol was found in the dead
woman’s blood. Positive identification was:
made through fingerprint records.

Investigators had initially theorized that the
victim was seized by a random, nocturnal
prowler as she walked home from the bar the
previous night. This theory was revised just
hours into the investigation, however, and
after police had interviewed several witnesses
who'd been in the tavern the previous night.
They were told about the man who'd intro-
duced himself to Wanda Fay as Eddie and
they learned also that Eddie had mentioned
something about staying in some kind of a

half-way house and that Eddie and the victim

left the bar together. Detective Robinson was

also given what amounted to a fairly good”

physical description of the suspect. Eddie was |

described ‘as. being about 5’7’’ or perhaps an
inch or so taller, weighing around 150
pounds. Someone mentioned a tattoo.

- Inacity the size of Dallas, that’s not a lot to
goon. Witnesses interviewed said they hadn’t

' seen Eddie before the evening of November —

11 in Pauline’s making a pass at. Wanda Fay.
Robinson decided that the nitty-gritty.-of it
was the nebulous bit of information involving
a half-way house. He knew there were diffe-
rent kinds of half-way houses. There were
those administered by various religious
orders and social service agencies for alcoho-
lics. Places where a man could go for group
therapy after he'd been dried out clinically so
he could get his head together as he groped for
a life of sobriety. Then, there was another
kind of a half-way house. The kind for men in
transition between prison and freedom.
Detective Robinson knew that he was faced
with a monumental task. It was entirely possi-
ble that the man who called himself Eddie and
who'd left the bar that night with the victim
was not the one who'd actually killed her.

Maybe they’d parted company on the side- .

walk outside the door. It could be that Eddie
was an alias. Many men out looking for a
one-night stand don’t like to reveal their real

names in case of a hassle of somg kind. But.

maybes and guesswork isn’t what it takes’and

‘ Robinson got down the telephone books and

the city directories and began to compile a list
of half-way houses of all descriptions.

- The Wanda Fay Roberts homicide was but

- .gne of’ numerous assignments in the detec-

_tive’s caseload. His task was interrupted fre-
quently by telephone calls, court appearances
and. new: assignments which piled up from
‘day-to-day. When time allowed, he dialed the

" numbers:of half-way houses all over Dallas.
Sometimes he. managed to learn of someone
who went’ by the name of Eddie and who

» matched the description given by the witnes-
SES who'd .been in Pauline’s Bar on the night

|

’,

aoa

of November 11.

With a poputation of 847,420 plus aheavy,
‘uncounted ‘influx of drifters and migrants,
there were lots of Eddies in Dallas in Novem-

ber 1980.. And out there somewhere was one

- consumed by an all-powerful compulsion to

strangle, a monster with necrophiliac obsses-
sions, a two-legged entity who lusted to lie
with the corpses of his victims. Twice now
within a five-day span he'd satiated his un-
holy cravings. .

For a time he ceased his violent acts and
melted away to blend with his surroundings.
His holiday, however, was short lived. As the
month of December approached, he began to
experience those seething flushes of craven
desire. He drank heavily, keeping himself in
enough drinking money to’ get by with
working out of labor pools, taking odd jobs on
the loading docks and in the warehouses of
Dallas. He slept in flophouses and cheap skid
row hotels. The night he’d had his way with
his latest victim, Wanda Fay Roberts, he'd
slept in an alley so near the scene of the crime
that he.could see the half naked corpse lying
there in the driveway when he awoke and
even before it was found by a passerby. He'd
suppressed an almost overwhelming urge to

return to it but had refrained for fear of detec-

tion and had scurried away instead.

Now, the visions in his past transgressions
returned to taunt him. He could close his eyes
and see their faces before him, their eyes wide’
with fear, their lips flecked with spittle, their
tongues protruding as their skin purpled dur-
ing those last throes of asphyxiation. To him,

_the very essense of pleasure was knowing that

jt was he who exercised the power to exting-
uish the last vestige of life. To destroy and to
desecrate. He'd hated them all. He always felt
so spent and relieved when they'd died. It was
time for another and once again he went in
search of a likely victim.
While he prowled in search of prey, Detec-
tive Robinson continued to dial the numbers
of Dallas half-way houses. The strangler him-

_ self was not only the hunter, he was also now,

the hunted. The day before Thanksgiving, the
investigator dialed the number of a half-way
house for ex-cons in the Oak Lawn sector of
Dallas. He was told that a fellow by the name
of Eddie stayed there off-and-on and that
Eddie was about 5°8’’ tall and weighed
around 150 pounds. Eddie didn’t keep steady

hours, the officer was told. He had a bed there »

but sometimes he slept in it and sometimes he
didn't. Yes, Eddie was tattooed and smoked
Pall Malls:

On the evening of Saturday, the 29th of
November, 1980, a troubled 44-year-old
woman with the uncommon and lengthy
name of Sally Stallings‘ Wallace Thompson
walked into the Club DeVille on Lemmon.
Avenue in Dallas. It was one of her favorite
haunts. A place where she came to drown her
sorrows, to be near people, to strive desper-
ately to stave off the pangs of sheer loneli-
ness. A man sat alone at the bar. His dark hair
was slicked back above a face which was
drawn and haggard, She flashed the man a
smile, He grinned back and she sat down
beside him... Bred a

The following morning two brothers ar-

rived ‘at their’ mother's apartment. at 4224

. Rawlins and rapped on the door. There was

no.answer but they could hear sounds inside.
Quiet, stealthy noises. They knocked again,
this time louder and longer. The noises stop-
ped but the door remained closed. They ©
pounded harder, then stepped back, ready to -
hit the door with their combined weight. Sud-
denly, it swung open.,A man stood there. A
stranger. He stared at them blocking their
view so they couldn’t see into the room. One
of them shouldered him aside and pushed his
way into the room. ~~

A woman lay sprawled on the floor, face
up, her eyes sightless and staring blankly at
the ceiling. It was Sally Thompson and she
was very dead. The blue jeans she wore were.
unzipped and her blouse was pulled up be-
neath her armpits. The man who'd opened the
door made a move and one of the young men
decked him with a single well-placed punch.
‘Call the cops!’’ he shouted to his brother.
“I'll watch this bastard until they get here.””

Minutes later the police were on the scene.
They listened to the story related by the two
brothers who'd held the man until they ar-
rived. The man found inside the apartment
with the body had a different story to tell. He
told police he’d been there earlier after he'd
met Sally in a nearby bar but that she was
alive when he left, although intoxicated. He'd
returned only to look for his driver’s license
which he’d lost while in the apartment. Police
took him downtown for further questioning,
planning. to hold him until they could at least
determine how the woman had died. As it
was, there were no visible signs of injury or
violence.

Late Sunday night Dallas police released
thie man identified by then as 42-year-old Car-
roll Edward Cole. They had no other choice.
The medical examiner stated that there was
evidence that the death was either drug or
alcohol related and that a final determination
would be forthcoming. Cole’s story was
plausible. There were no *‘wants”’ on him
although it was learned that he was recently
released from prison. He gave his address as a
half-way house in Oak Lawn, a Dallas sub-
urb.

Cole hit the street and vanished in the dark-
ness. It had been a bureaucratic criss-cross
with a loophole. Detectives working: the
Thompson case were unaware that Robinson
was looking for a murder suspect named
Eddie who was believed to live in a half-way
house in Oak Lawn.

The unavoidable blooper remained undisc-
overed until Monday morning when Robin-
son reported in for duty. As was his habit, he
sat down with the ROI’s (reports of investiga-
tion) which had accumulated over the
weekend to acquaint himself with the new
developments. When he came to the file on
the Sally Thompson case he did a double take.
Carroll Edward Cole, alias Eddie Cole, ex-
con, resident of a Dallas half-way house,
questioned in connection with the death of a
woman who drank to excess.

Detective Robinson pushed the red alert
button. After speaking to the investigators
who’d worked the Thompson case to compare
notes, he disseminated a pick-up order for

(continued on next page)

61


asements, in dumps-_

.and in the back seats! |

ome were stabbed, :
\ few were shot. and’
tomped to death. In:
re arrested and even
ors, the victims were
s. often unidentified:
i to remain at large.
s, however, can be
raging monster who
f the bodies of at least
nost certainly, there:
ssuredly, there. were
less victim managed
clutches of the brute
ught avidly for a grip

this two-year respite
inuity of the series of
1 thus far narrated in
2 because. the mass:
‘angled at least six
te was taken out of
dto prison. He had, it
received a jolt to be
on located in Spring-

¢ machine
d of his
s two

ger.

sonvicted.of stealing a

rom a mailbox and
He was released from
1980.
ough the. prison gates
ars old. Jails and pris-
He'd been in and out
e. He’d been arrested
ying liquor for minors
with the intent to kill.
ned from an accident
e town of Tuscumbia,
o strangle an | l-year-
ind asleep -in her bed
e’d entered a plea of
d received a five-year

a time as any for us to
juainted with this clas-
killer who specialized
vho invariably drank to
’ tall and weighed 150
vunds when he walked
ate to his freedom in
soed, his most distinc-
he habit of dangling a
ed Pall Mall cigarette
snsual lips. In his own
elf as being somewhat
ble to members of the

opposite. sex. In actuality, he himself was
more or less nondescript, a bit uncouth and
most women with whom he came in contact
sized him up for being nothing more than just
another drifter on the make.

Born May 9, 1938, in lowa to middle class
Catholic parents who relocated to California,
he first enaged in sexual intercourse at age
seven with a six-year-old girl. AS a boy he
experienced great delight in-using his bare
hands to choke the family dog almost to the
point of death. This gruesome pastime should
have sounded the alert for what might lie
ahead. The practice of manual strangulation
is the hallmark of a sadist with pronounced
homicidal inclinations. So intense is their ple-
asure when they feel the shoulder muscles
bunch as they deliberately squeeze the last
breath of life from their helpless victim’s
body, that they frequently experience an erec-
tion and a climactic ejaculation at the very
moment of death.

Before he quit high school to join the Navy,
he’d racked up an impressive record of truan-

'_ cy, curfew violations and even burglaries and

petty thefts. He didn’t hack it in the Navy and
was court-martialed and given a dishnorable
discharge for stealing two Colt .45-cal. auto-
matic pistols from an armory. Even then, he
readily’ confessed his crimes once he was

_ apprehended. He told the authorities that he -
meant to use the guns to kill a prostitute ©

who'd venereally infected him: Instead, he’d
sold them to a cab driver. Spee,

Out of the service he began to drift, work- .

ing only when necessary and adding to his
string of arrests for brawling, drunkeness and
serious traffic infractions. Early on he learned
to use and to manipulate the psychiatrists,
‘‘shrinks’’ as he called them with smug deri-

sion. Using a shrink to beat the rap is a com-
mon topic of conversation behind bars. Har-

-dened criminals have long ago learned that

the surest way to beat a rap is to convince a
psychiatrist that they have a warped mind or
some mental quirk which compels them to err
against society. With but a little cunning, it is

possible to contrive’a story of childhood de-

privation or abuse which, when conveyed
through psychiatric testimony orchestrated by
a glib defense attorney, may bring tears to a

\ judge’s eyes and a resultant slap on the wrist

instead of a well deserved jail sentence.

The man who would later confess to
murdering at least twelve women, including
the six thus far discussed and including three
more victims within a month of his release
from prison, derived considerable vicarious
enjoyment during discussions with'a vast
variety of psychiatrists during at least ten
admissions to ‘mental hospitals in numerous
states over a nine-year period.

In mental institutions in California, Neva-
da, Missouri, Texas and elsewhere he told
those who professed to understand the com-

plexities of the mind of. his abberant obses- |

sions to rape and ‘strangle women. When
these admissions failed to raise any eyebrows
he would go on to relate fantasies involving
cannibalism and copulation with corpses.
This was a sure-fire attention getter. He was
always quite careful ‘never to make any out-
right admissions: As far as is known he never
once told anyone that he had actually lived out
many, if not all of his fantasies at one time or
another.

.. Between November, 1961, and March,
1970, a number. of. psychiatrists had the

“opportunity to evaluate this mass slayer.

Many felt that he posed no threat to himself or

Arrows on map show hunting
‘grounds of mass strangler. At
least nine murders were attributed

to him over the years.

to others. Their conclusions were that his
prognosis was fairly good simply because he
had come:-to them of his own volition to bare
his soul and to reyeal the horrors’ of his
subconscious. He’d even provided them with

- a tailor-made reason for his macabre fanta-

sies, a consuming, inflamed hatred for his
mother whom he’d allegedly caught red-
handed picking.up men in cheap bars.

The squat, muscular 42-year-old man who
walked out of the penitentiary on October the

_ 6th, 1980, was literally speaking, a walking

time-bomb. He was.an ambulatory killing-
machine who had spent many months in
caged isolation deprived of the opportunity to

do the things which he enjoyed so immensely

— to murder a helpless, squirming, writhing
woman with his two powerful hands. To
watch her lips turn blue and her eyes protrude.
To see her breasts heave as she gasped for a
precious breath of air. And finally, to feel her
body sag limply as she died.

Sometime around the 7th of November,
1980, no one really knows ‘for sure simply
because she lived alone in an apartment and
had no close friends, 52-year-old Dorthy
King left her home in the 4700 block of Gas-
ton in Dallas, Texas, and made her way to a
place called Charlie’s Bar on Carroll Avenue.
She’d been there before. This would be her
last visit. She took a stool at the end of the bar
and ordered a small glass of draft beer, the
cheapest drink in the house. If she sipped it
slowly, it might last until someone offered to
buy her another. Perhaps something stronger.

_She took a crumpled pack of cigarettes out
of her purse and placed one between her lips.
She lit it with a match from a book left on the
bar by a previous customer and unobtrusively
scanned the mirror behind the bar. She
yearned for someone to talk to. A man. Some-
one to make her laugh with some off-color
joke. Someone to light her cigarettes, to touch

_her hand lightly, to make her feel like a

woman, wanted and needed. Yes, even some-
one to sleep with. It’s anormal, healthy need.

Dorthy met someone that night in Charlie’s
Bar. Whoever it was, he slept with her as
she’d wanted him to. But Dorthy was obli-

. vious to his presence because she was dead.

He'd made love to her, too, after she was dead
and then it wasn’t really an act of love but
rather an act of utter depravity. Then, he’d

.left her there alone, sprawled on her back,
,. face up, arms and legs akimbo amid the rum-

pled bedclothes.

Her corpse was discovered on Nov. 11 and
the Dallas police were called. They found a
window in the apartment open and the cur-
tains fluttering in the chill breeze.

(continued on page 58)

eer ag

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~A Rubber Tire Coffin For Three

(continued from page 57)

arrest. She was expected to testify on Friday.

Arkansas State Police Officer Taylor de-
scribed the murder site at the farm field to the
jury and about the murder weapon with the
identifying numbers filed off.

Two bank employes identified Simmons as
the man who presented a check for $350 with
the name ‘‘Larry Price’’ on it and the next

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‘morning tried to Sei it.

The proceedings on Friday .were delayed
about an hour while authorities took a statc-
ment from Simmons’ sister,at her home. She
said she was still too ill to testify. Later, her
‘statement was read in court. She said that her
‘brother called her from a convenience: store
near the Union 76 Truck Stop in Van Buren
about 8:30 p.m. on January 5 and asked hg to
pick him up. He claimed his truck had broken
down. He said he would pick it up the next
day.

Later, that same night, the’ police car Tate ©

had been driving was discovered at the truck
stop.

On Monday, January 17, Robert Beams. a
forensic specialist from Washington, D.C..
testified that the type ‘*A** bloodstains found
on Simmons’ pants matched that of the Price
couple. but he. said 40% of Americans have
that type. Thus the blood could not be linked

' positively to Larry and Jawana Price. Beams

said that Simmons had type *‘O"* blood.
Kent Dixon, an FBI handwriting specialist

from Mlashiiipton: told ‘the jurors that. the

hdndwriting on the $350 check drawn on
. Price's bank account matched Simmons’.
Another witness. Deputy Grill. testified of

the telephone call informing him of the loca- .
tion of Price’s body. ‘He said the caller had:

requested anonymity until the previous week.
Grill said he attempted to locate the brother
who was alleged to have found the body, but
was not successful. ;

After the prosecution had rested its case.
the defense called cight witnesses, mostly
vouching for Simmons’ hard work and quict
demeanor before he was arrested.

The case went to the jury on Wednesday,
January 20. and after deliberating three hours

the jury brought in a verdict of guilty on all

four counts of capital murder.
That night, after a penalty hearing. the jury
went out again for deliberations on the penal-
ty recommendation. It took two hours to bring
in a recommendation of death by clectrocu-
tion.
On Thursday. the following day, Judge
‘Holland formally sentenced him to death.

(Editor’s note: The name. Tom Blackwell is
fictitious. Use of the real name would serve no
public purpose).

Strangler Who Slept With His Victims

Besides the booze, Wanda Fay liked the .

bars because there was always someone there
to talk to. It mattered little that they really

didn't care about her troubles, Just that they’

were willing to lend a sympathetic ear. Hav-
ing people-around also took the cutting edge
off of her loneliness. The way she looked at it,
it was a damn-sight better than lying alone in
bed, tossing and turning until she finally cried
herself to sleep. |

It was late and Wanda Was feeling her
drinks when a man eased up beside her and
asked her if she’d like another. She flashed
him a smile and hailed the barkeep before the

| stranger changed his mind. He pulled a pack

) ROUND -SIDE MOUNTED CUP
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(continued from page 9)

of Pall Malls from his jacket pocket and
offered her one. He didn’t light his. His dark
hair was combed straight back. He needed a
shave. But he was a man. Maybe she could

talk to him. Maybe’ he'd understand how ‘

rough life had been on her.

He told her his name was Eddie. She hadn't
heard him at first and asked him to repeat it.
He did, in a louder tone of voice. Several

_ people at the bar turned to glance briefly at the

man who said his name was Eddie. They saw
Wanda Fay and went back to their drinking.

_Later, the man who called himself Eddie and -

the unemployed divorcee left the éstablish-
ment arm in arm. Wanda Fay was unsteady on
her feet. Those who glanced in her direction
as she and her companion lurched through the

(continued-on page 60)

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‘doorway were the last to see her alive. That is,
with the exception of the man who killed her.
Investigators noted that:the dead woman's
purse lay on the floor opened and the contents
Strewn about. Neighbors related that to the
st of their recollection. they’d not seen
Dorthy for three or four days, or perhaps even
five, they couldn’t be sure. No one had heard
any screams or noticed anything out of the
ordinary. It was hinted that Dorthy drank
more than she should. * ge

Later, the body was lifted from the bed and
placed on a litter and covered with a sheet.
Straps were tightened to prevent it from slid-
ing off while attendants carried it outside to a
waiting body wagon which transported it,to
the county morgue facilities to be. autopsied.
The coroner. would later indicate that death
appeared to be attributable to chronic alcohol-
ism further defined as being due to natural
causes/alcohol related. A blood alcohol level
of 3.0 was reported. While the case was not
closed officially, it was not classified as a
homicide.

The finding of Dorthy King’s body,
however, heralded the presence of something
Sinister and evil in Dallas although two more
victims would. die before this diabolic fact
became public knowledge. No one except one

Strangler Who Slept With His Victims

* (continued from page 58) -

living creature knew that Dorthy, had been

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strangled or that her slayer had: gently. re-
moved a lit cigarette from her lips just
seconds before his tiands encircled her throat
in a vise-like grip from which there was no
escape. No one could guess that Dorthy’s
killer had slept by her side for two nights after
she’d died, after which he’d sallied forth in
search of yet another victim. He found her
without any difficulty in another East Dallas
bar called Pauline’s. She was, as were all of
the others, intoxicated, vulnerable and very
Jonely. 7 }
At 32, Wanda Fay Roberts already consi-
dered herself as being over-the-hill. Her mar-
riage had ended in divorce and she was out of
work and strictly down on her luck. She was
living: with her mother and sleeping around
from time to time with a boyfriend. Her future
bleak, she turned to the bottle for solace. She
was a familiar personality in many of the bar
and taverns aléng Bryan Street. '
Her body was found early the next morning
near daybreak, lying on its back in a driveway
near a. parking lot used by. the employes of
Southwestern Bell Telephone Company. A
fast call to the Dallas Police Dept. was made
and within minutes they wére at the scene.

‘Detective Gerald Robinson would later

assume charge of the investigation as the lead
investigator.

Right from the outset, the crime was

viewed as a homicide. The victim was clad
only in a blouse, nude from the waist down,
her legs spread in the classic position of a rape
victim. Ugly bruises about her neck and
throat indicated that she had been Strangled to:
death, maybe even as the act of rape was
consummated. Her slacks were found some
40 feet away in the parking lot. Evidence was
found which tended to indicate that she had

_ been attacked there and then dragged to the

hedge-lined driveway where she was: raped
and strangled. Sern

After the crime scene was processed, the
body was removed. An autopsy was sche-

.duled for later in the day. Investigators had

(continued on next page)

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Pauline’s: E
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four blocks
level of- a
woman’s b
made throu
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victim was
prowler as :
previous ni
hours into
after police
who'd been
They were
duced hims
they learne
something
half-way hc
left the bar :
also given
physical de:
described a
inch or so
pounds. So
' Inacityt
goon. Witn
seen Eddie
I1 in Paulir
Robinson d
was the neb
a half-way |
rent kinds «
those adm
orders and s
lics. Places
therapy afte
he could get
a 30
ki ia!
tra bi
Detective
with a monu
ble that the:
who'd left t
was not the
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walk outsid:
was an alia
one-night st
names in cz
maybes and
Robinson g:
the city dire
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one of num

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and new as
day-to-day.
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who went t
matched the
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Siete 1 ah Aaya ot 2

STATE v. FOUQUETTE Ney. 411
Cite as 221 P.2d 404

where: the indictment or information is
pending.” Sec. 10913, N.C.L.1929.

[9] The existence of either of two cir-
cumstances should entitle a defendant to
a change of venue: (1) The impossibility
of obtaining an impartial jury; or (2)
Such a state of public excitement against

the defendant, that even an impartial jury

would be likely to be intimidated and over-
awed by public demonstrations against the
accused. State v. Millain, 3 Nev. 409, 432;
State v. Casey, 34 Nev. 154, 164, 1f7.. P:
$.

[10] After considering affidavits and
newspaper articles offered in support of
the application and oral testimony offered
in opposition thereto, the court properly
held that the evidence was not sufficient to
justify a change of venue because of the
existence of any great public excitement
against the defendant, and that the im-
possibility of obtaining a fair and impartial
jury could best be determined when the
jurors were examined. The application
was thereupon denied, “without prejudice
on the part of the defendant to renew his
motion at a later time.”

The method adopted by the court to de-
termine whcther or not a fair and im-
partial: jury could be obtained has been
approved by this court. State v. Gray, 19
Nev. 212, 215, 8 P. 456; State v. Teeter,
65 Nev. 584, 200 P.2d 657, 671, 690.

The jury, including one alternate juror,
were empaneled and sworn after the ex-
amination of only thirty-four veniremen,
the allowance of only eleven challenges
for implicd bias, four of which resulted
from challenges by the State, and the re-
tention by appellant of two unused per-
emptory challenges, and without any re-
newal by appellant of his motion for
change of venue. The jurors selected ap-
parently were satisfactory to the appel-
lant, or doubtless he would have renewed
the motion. State v. Teeter, supra, 65 Nev.
584, 200 P.2d 657, 671, 689-690.

A mere reading of the decision in State
y. Dwyer, 29 Nev. 421, 91 P. 305, the only
case relied upon by appellant, is sufficient
to show that the facts in that case are so
materially different from those in the case

at bar that such case has no application
whatever.

Moreover appellant cannot now claim
that error was committed by the court in
denying his application for change of
venue, as all objections to such denial were
clearly waived by appellant, by his failure
to renew the application after express per-
mission to do so. People v. Fredericks, 106
Cal. 554, 39 P. 944, 945; People v. Staples,
149 Cal. 405, 86 P. 886, 888; 22 CJ.5.,
Criminal Law, page 349, § 222, notes 79-
80; 7 Cal.Jur., Criminal Law, page 918, sec.
64, note 2.

[11] Appellant next contends that the
court erred in disallowing challenges for
cause to jurors Rodney W. Webb, Law-
rence Higbee and Margaret Swift.

The challenges interposed by appellant’s
counsel were in the following words: As
to Rodney W. Webb: “I believe, if your
Honor please, just for the purpose of the
record, I will challenge Mr. Webb.” As
to Lawrence Higbee: “I will challenge Mr.
Higbee;” “We renew the challenge;” and
“At this time I would like to renew the
challenge of this juror.” As to Margaret
Swift: “We will challenge the juror, your
Honor;” and “We renew our challenge, I
believe the witness is not qualified.”

All of these challenges were interposed
in general terms. Not one was specific, in
that it specified no ground upon which it
was based, as expressly required by Sec.
10948, N.C.L. 1929. Each was, therefore,
insufficient and properly disallowed. State
v. Squaires, 2 Nev. 226, 230; State v.
Chapman, 6 Nev. 320, 327; State v. Ray-
mond, 11 Nev. 98, 106; State v. Gray,
supra, 19 Nev. 212, 218, 8 P. 456; State v.
Vaughan, 22 Nev. 285, 296, 39 P. 733; State
v. Simas, 25 Nev. 432, 449, 62 P. 242; State
v. Salgado, 38 Nev. 64, 70, 145 P. 919, 150
P. 764; State v. Milosovich, 42 Nev. 263,
269, 175 P. 139;: State v. Lewis, 50 Nev.
212,:224, 255 P. 1002; State v. Teeter,
supra, dissenting opinion, 65 Nev. 584, 200
P.2d 657, 691. |

It matters not whether the court disal-
lowed said challenges for the reason that
they were insufficient in form, or because
each of the jurors to which challenges


> STATE v. FOUQUETTE

Nev.

‘4.09

Cite as 221 P.2d 404

and fully justified punishment fixed, fact
‘that jury’s consideration and deliberation
after submission consumed only 15 minutes
‘did not indicate misconduct on part of
jury or error of court in receiving ver-
‘dict.

52. Homicide €=253(I) !
Evidence sustained conviction of mur-
der in the first degree.

53. Criminal law €—938(3)

- Refusal of court to grant new trial
upon ground of newly discovered evidence
was proper where such evidence related to
‘mental and physical condition of accused
‘long prior to murder which was known to
accused and his counsel before trial.

a

Lewis, Hawkins & Cannon and John
Bonner, all of Las Vegas, and E. R. Mil-
ler, Jr., of Ely, for appellant. .

Alan Bible, Atty. Gen.; Geo. P. Annand
and Robert L. McDonald, Deputy Attys.
Gen.; Robert E. Jones, Dist. Atty. of
Clark County, Las Vegas; and J. K. Hous-
sels, Jr., Deputy Dist. Atty., Las Vegas, for
respondent,

McKNIGHT, District Judge.

Appellant was convicted of murder in
the first degree and his punishment fixed at
death by the jury. His appeal is from the
judgment and from the order denying his
motion for new trial.

| The pertinent facts will be stated in
discussing some of the many assignments
‘of alleged error.

Appellant first contends that the court, in
‘violation of and contrary to the provisions
of the 5th, 6th and 14th Amendments to
the Constitution of the United States, Ar-
ticle I, Section 8, of the Nevada Constitu-
tion, and Section 10654, N.C.L.1929, erred
in denying defendant’s application to bring
two witnesses from California to Nevada,
at the expense of Clark County, to testify
in his behalf.

[1] The 5th and 6th Amendments, re-
lied upon by appellant, as well as all of
the remaining first eight Amendments to

221 P.2d—26%

the Federal Constitution, have reference
only to powers exercised by the govern-
ment of the United States, whether by
Congress or by the judiciary, and are in no

Wise a restriction upon the power of the

states or in any respect. applicable to state
courts. Ejilenbecker v. District Court, 134
U.S. 31, 10 S.Ct. 424, 35 L.Ed. 801, 803;
State of Ohio ex rel. Lloyd v. Dollison,
194 U.S. 445, 24 S.Ct. 703, 48 L.Ed.. 1062,
1065; State v. Jones, 7 Nev. 408, 415;
State v. Chin Gim, 47 Nev. 431, 442, 224
P. 798; State v. Squier, 56 Nev. 386, 399,
54 P.2d 227.

The portion of the 14th Amendment to
the Constitution of the United States and
the portion of Article I, Section 8, of the
Nevada Constitution, relied upon by appel-
lant, provide, in effect, that no person shall
be deprived of life, liberty, or property,
without due process of law.

[2] The terms “due process of law”
and “law of the land” are synonymous.
Vol. 13, Words and Phrases, Perm.Ed.,
pages 535, 536; 16 C.J.S., Constitutional
Law, page 1142, § 567, note 15. .

[3] The “law of the land,” as applica-
ble to criminal cases in state courts, neces-
sarily means the law of the state where the
offense is committed and where the trial
takes place. Anderson v. State, 8 Okl.
Cr. 90, 126 P. 840, Ann.Cas.1914C, 314,
321; Prescott v. State, 56 Okl.Cr. 259, 37
P.2d 830, 833; In re McKee, 19 Utah 231,
57 P. 23, 27; see, also, In re Krug, C.C.,
Wash., 79 F. 308, 311; Lamar v. Prosser,
12] Ga. 133,.48.S,E. 977; 16 'C.J:S., Con-

stitutional Law, page 1171, § 579, note 12,

[4] “Due process of law” not only re-
quires that a party shall be properly
brought into court, but that he shall have
the opportunity when in court to establish
any fact which, according to the usages
of the common law or the provisions of
the Constitution, would be a protection to
himself or property. Wright v. Cradle-
baugh, 3 Nev. 341, 349; Persing v. Reno
Stock Brokerage Co., 30 Nev. 342, 349, 96
P. 1054.

[5] At common law, in cases of felony,
a defendant could not demand, as a matter

a tae ae ene ae ae ae

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Nev. 921 PACIFIC REPO

410

of right, compulsory process for his wit-
nesses, Pittman v. State, 51 Fla. 94, 41 So.
385, 8 L.R.A.N.S., 509, 515; Osborn v.
People, 83 Colo. 4, 262 P. 892, 893; United
States v. Reid, 12 How. 361, §3.U.S. 36h
13 L.Ed. 1023, 1024; Underhill’s Criminal
Evidence, 4th ed., page 916, sec. 441, note
6; 70 C.J., Witnesses, page 35, sec. 5, note
28; 14 Am.Jur., Criminal Law, page 881,
sec, 163, note 19.

The portion of Section 10654, N.C.L.,
1929, relicd upon by appellant, provides

RTER, 2d SERIES

permitted the defendant to bring four wit-
nesses from California at the expense of
Clark County, and denied defendant's mo-
tion to bring the two additional witnesses
from that state at public expense, only
because the testimony of both, as shown
by their affidavits upon which the motion
was based, was incompetent and imma-

terial.
Appellant’s novel contention, as expres-

sed in his reply brief, that: “To limit the
question strictly to the matters ‘sect forth

that in a criminal action the defendant is in the affidavits submitted in support of the

entitled to produce witnesses on his behalf. motion was also improper as no doubt other

/. [6] Certainly this statute does not en- pertinent evidence could have been elicited at

f 4} title a defendant to have witnesses brought from such witnesses at the trial, had the the

into court at public expense. Roberts y.¥ accused been allowed to produce them,” is ag)

State, 94 Ga. 66, 21 S.E. 132, 135; Whittle neither supported by authority nor based held

v. Saluda County, 59 S.C. 554, 38 S.E. 168, on reason. justi

| 8; Cseeer vw Hdsneth, Warden, 10/9) atrial witnees from wit cx

| 30 Me. 54, 61; Henderson v. Evans, 51 S. the state may, under certain conditions, Pail

+ C. 331, 29 S.E. 5, 40 LRA. 426; State v./ be commanded to attend and testify in jury

Nathaniel, 52 La.Ann. 558, % So. 1008: criminal prosecutions in the state. Ob- tere
Ei 1010: Greene v. Ballard,. 174 Ky. 808, 192 viously this does not mean that all persons aa

| S.W. 841, 843; 14 Am.Jur., Criminal Law, 77° apa terist vesiieenes wha Are 6 sie od if

| page 882, sec. 166; Note, g LRA.N.S.,” nated by either party, or because they might | ae

i 509. possibly give pertinent evidence at the PE

| The “Unif ony 8 States trial. Whether the witnesses are material Py Th

e- "Uniform Act to. oectire si can only be determined by the judge after termi

\ tendance of Witnesses arom Without the hearing. At such hearing a showing that parti,

State in Criminal Cases,” Sections 11359 ae the testimony to be given by the witnesses appro
ence _ eal Supplement, 18 i; material must be made. Witnesses Ney.

: ; whose testimony is shown by their aff- ’ 65 Nx

14 Although no case directly in point has davits to be immaterial, as in this case, : The
‘y been found, it is clear that this statute, are not material witnesses, and_ should BS were

i providing, as it does, that specified sums not be summoned to attend and testify. * amina

it for fees and mileage shall be paid or ten- Sees, —11359-11359.06, N.C.L.1931-1941 a the a

wae Se ccaity oe Supplement. See, also, Palmer v. State, S rm 11

ale o attend ¢ eCU- 165 Ala. 129, 51 So. 358, 359; State v. 9 ‘a rom |
tions in this state, but not providing, either rf ; : *. :

expressly or by fovetiontion, that sack wit- Sieiale = ith bi oa Oe ge a re | whole

nesses summoned on behalf of the defend- — itrieapen, Gages O/ Wey secs. Sy NONE PY newal

ant shall be brought in without expense to Appellant next contends that the court ig chang:

him, does not confer upon the courts of erred in denying his application for change bs parent

this state authority to procure the attend- of venue. : i lant, o

ance and testimony of witnesses from with- ° The statute under which the application 7 the mo

out the state for the defendant in any case was made reads: “A criminal action prose- 4 584, 20)

at the expense of the public. Greene v. cuted by indictment or information may . ree

Ballard, supra, 174 Ky. 808, 192 S.W. 841, be removed from the court in which it is 3 v. Dw\

843. Sce, also, authorities supra. pending, on application of the defendant as case ri

But this matter need not be further dis- or state, on the ground that a fair and im- — | a to sho,

materia

cussed, because the trial court actually partial trial cannot be had in the county  @


412 Nev. 221 PACIFIC REPORTER, 24 SERIES

were interposed was deemed free from ob- As to juror Frank Belding, it is not neces-

jection, as the rulings must be sustained for sary to determine whether a specific chal-
failure of appellant to specify any ground lenge, if made, should have been allowed.
upon which each challenge was based. Even if one had been made and errone-
State v. Chapman, supra,’ 6 Nev. 320, 327; ously disallowed, appellant could not have
State v. Salgado, supra, 38 Nev. 64, 73, been prejudiced thercby, because, at the
145 P. 919, 150 P. 764.. time of the completion and acceptance of
In no event, however, was appellant in- the jury, he had not exhausted his per-
jured nor in any position to complain, be- emptory challenges. State v. Fondren, 24
cause, as shown by the record, the three Idaho 663, 135 P. 265, 266; Bryant v. State,
jurors to which challenges for cause had 7 Wyo. Sil, 51 P. 879, 889, 56 P. 596;
been previously disallowed, were peremp- People v. Winthrop, 118 Cal. 85, 50 P. 390,
torily challenged by appellant and excused 391; 8 Cal.Jur., Criminal Law, page 609,,
by the court, and appellant had two per- sec, 595, notes 6-9; 24 C.J.S., Criminal
emptory challenges remaining after the Law, pages 888-889, § 1900, notes 79-81.
jury were empaneled and sworn. Fleeson

v. Savage Silver Mining Co., 3 Nev. 157,
162; State v. Raymond, supra, 11 Nev. 98, 0, it is rendered clear that he had a jury,

108; State v. Hartley, 22 Nev. 342, 357, 40 satisfactory to himself. Fleeson v. Savage
P. 372, 28 L.R.A. 33; Burch v. Southern Silver Mining Co., supra, 3 Nev. 157, 164. :
Pacific Co., 32 Nev. 75, 104, 104 P. 225, Ann.
Cas. 1912B, 1166.

By his own act in not setting aside any
of the jurors when he had the power to do

[13] Appellant next contends that the
court erred in unduly limiting appellant’s:
counsel in questioning Lawrence Higbee
and other jurors.

The record discloses that appellant’s

[12] Appellant next contends that, be-
cause jurors Frank Belding, Vaughan Har-

ris and Mark W. Gamett each stated that
he had formed an opinion, the court erred counsel was expressly permitted to examine

in not excusing them, even though they Lawrence Higbee at great length, after a
were not challenged. - challenge made by him had been traversed
The examination of jurors Vaughan and disallowed; after the court had asked
Harris and Mark W. Gamcett, taken as a him if he then desired to ask any more
whole, discloses that whatever opinion each questions, and he had declined; and after
had was based on newspaper articles and the prospective juror had been examined
discussions with persons not claiming to by the prosecution and passed for. cause.
know the facts. Each of them stated, in It also discloses that appellant was not
effect, that he would decide the case on the limited in his direct examination of any
evidence admitted at the trial and the in- other Juror.

However, in permitting appellant’s coun-

structions given by the court.

Neither of

them stated that he had formed or ex-

sel to again examine Lawrence Higbee,

defendant.

pressed an unqualified opinion or belt
regard to the guilt or i

Had a speci

nnocence O

‘ef in after the prosecution had examined and
£ the passed said juror for cause, the court ad-
fic challenge to vised ‘him, in effect, that he would not be

been permitted to so proceed with any more
jurors, but that he must exhaust all his
challenges for cause to a juror before the
prosecution began its examination of that
juror; and further stated, in effect, that
said warning was inserted in the record,
so that appellant’s rights would not be
prejudiced in any way. The court then read
the statute: “All challenges to an individ-
ual juror, except peremptory, must be taken,

each been interposed, it should have
disallowd sec. 10946, N.C.L. 1929; ‘State v.
Raymond, supra, 11 Nev. 98, 107; State v.
Williams, 28 Nev. 395, 407-410, 82 P. 353;
State v. Milosovich, supra, 42 Nev. 263,
269-272; 175 P. 139; State v. Lewis, supra,
60 Nev. 212, 225-229, 255 P. 1002; State
vy. Tecter, supra, dissenting opinion, 65 Nev.
584, 200 P.2d 657, 691-692; State v. Varga,
66 Nev. —, 205 P.2d 803, 811.

fi

lt


JARA

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>

736 255 PACIFIC REPORTER, 2d SERIES

ingly we find it unnecessary to discuss the
question raised by petitioner with regard
to interpretation of the habeas corpus stat-
ute as amended by the act of 1953.

Respondent contends that under section
11192.01. N.C.L.1943-49 Supp., this court
is without power to grant a.stay of execu-
tion because the present appeal is not one
from a “judgment of death”. Petitioner
replies that the practical effect of the denial
of his petition for habeas corpus, with his
execution set for April 13, 1953 is to make
the same a “judgment of death”. -This
likewise we find it unnecessary to discuss
or to determine. We find our own course
in the matter clear even if we accept the
special concurring opinions in Shepherd v.
Florida, supra, as indicating the propriety
of the entertainment by the federal courts
of a petition for habeas corpus, in a proper
case, either upon the record or upon the
presentation of new facts after affrmance
of a conviction by the highest state court
and after denial of habeas corpus by that
court and denial of certiorari by the United

States Supreme Court. The present at-

titude of the United States Supreme Court
to such a sitttation finds its latest expression
sn Brown v. Allen, supra. After referring
to the principle enunciated in Darr v.
Burford, 339 U.S. 200, 214, 70 S.Ct. 587,
94 L.Ed. 761, governing applications for
habeas corpus before successive federal
judges, the court said [344 U.S. 443, 73
S.Ct. 410]: “Applications to district courts
on grounds determined adversely to the ap-
plicant by state courts should follow the
same principle—a refusal of the writ with-
out more, if the court is satisfied, by the
record, that the staté process has given fair
consideration to the issues and the offered
evidence, and has resulted in a satisfactory
conclusion.. Where the record of the ap-
plication affords an adequate opportunity
to weigh the sufficiency of the allegations

‘9, “No judge, court, or officer, other than

the governor or the board of pardons and
parole commissioners 8s authorized in
sections 13 and 14, article V, constitu-
tion of Nevada, shall stay the execution
of a judgment of death, unless an appeal
from such judgment of death is taken

and the evidence, and no unusual circum-
stances calling for a hearing are presented,
a repetition of the trial is not required.”
Again: “Although they have the power,
it is not necessary for federal courts to hold
hearings on the merits, facts or law a
second time when satisfied that federal con-
stitutional rights have been protected.”
And further: “As the state and federal
courts have the same responsibilities to
protect persons from violation of their
constitutional rights, we conclude that a
federal district court may decline, without
a rehearing of the facts, to award a writ
of habeas corpus to a state prisoner where
the legality of such detention has been
determined, on the facts presented, by the
highest state court with jurisdiction, wheth-
er through affirmance of the judgment on
appeal or denial of post-conviction reme-
dies.” Brown v. Allen, supra. The fore-
going are from the opinion of the court
speaking through Mr. Justice Reed.» Mr.
Justice Frankfurter, in an extended con-
curring opinion and in an appendix thereto,
attempts to spell out more definitely cir-
cumstances which should tend to limit the
federal habeas corpus jurisdiction without
closing the doors to its clear constitutional
right to entertain a petition in a proper
case. The opinions in Brown v. Allen and
two other allied cases consume something
over one hundred printed pages containing
numerous expressions of the utmost im-
portance upon the subject discussed. The
portions of the opinion quoted above, as
well as others, apply with most persuasive
effect to the present. situation.

We conclude that the learned district
judge, having before him the entire record
under which this court sustained the con-
viction, denied a rehearing and thereafter
denied habeas corpus, and being satisfied
that no new facts and no new propositions
of law were presented, was without error

to the supreme court of Nevada. When
an appeal is taken from a judgment of
death, the supreme court, or any justice
thereof in vacation, may stay the execu-
tion until the appeal is heard and deter-
mined; * * *.” | Vou ms


in denying the petition. If we are thus
prematurely deciding the merits of the
present appeal, it is because of our re-
alization of the responsibility resting upon
us in considering the application for a stay
of execution and because the entire issue
considered at this time, upon a full presen-
tation by the petitioner and the state, has
255 P.2d—47

EX PARTE FOUQUETTE Nev. [37
Cite as 255 P.2d 733

been in the nature of a motion to dismiss
the appeal. Technically the only matter
before us, as has been said, is a petition for
a stay of execution. That petition is here-
by denied.

EATHER, C. J., and MERRILL, J.,

concur,

AREER, apenas et ie agp

ae ne ee ee

ae

pitti


Ke

RTEEN }
,eca

n Journey

, April 14 (UP)—A
Manded allied prisoners of war
dom téday down the bomb-
torn roads of North Korea,
The 400 prisoners, inclurling 120)
Americans, will pass through ‘free |
dom gate’ at Panmunjom next;
Monday| four days after their ride
ymes fi.an. end at Kaesong, the;
ed bas€ camp. ;

aerate

x.

eo ERE

The 640 are ho “ing exchanged for:
800 coenir mun prisoners under.
\Aanangr a nt. finaily. ironed out a

é

i yesterday by liaison grove * repre}

leenting tee U.N. and the
nists f

BF a naperng trucks att bulances

ere to leave: the small village of

Chores, glose to the Manchurian
mk :

ande

PANMUNJOM, Kores. April
1s (UP) }.~ United Nations and
communis st spokesmen froned out
the final (details today on. start
ing the ‘exchange of . sick, -anti
wounded prisoners next Monday.

U.N. ad communist lidise
officers reached complete are
ment on the exchange in sf *an-
derstanding” which did not even
require a| signature.

Only al few wiles ewey, in
“Preedom| Villake’’ at the U.N:
base camp of Munsan, troops put
ne “dreds rehearsal’’ for Mon-
day’s monientous exchange, with
Pieutenant, General Maxwell D.
Taylor, Eighth army com m and-
er, watchitg the exeroise,

hind vii p ae

border, at 6\AM for the 200 mile
ride to Kaegong Three other ve-
hicles will jin them on the way,
: The prisoners Will have a rough
vide over Noth Korean roads crat-
ered by the Inesesart, bombing of |
Pinited Nations warplanes. ay
y The reds guve the UN, two ie
large-scale maps showing what; 4
route the c@hvoy will take and |

where ft wif icop the night. This

was 80. U.Na pilots could guard; js

BIG Herschel Leroy ‘Winters, gy sey

leader of the seuthern Nevada narcotics ring
for investization, He has been mamed by

I

against acc atally pomibing of! provider of marijuana, barbiturates and 22: uihe
 istrafing it. ¥.3 | of youngsters, : ite be meee into” ie 1
14| The ““freenq vehicles” were! sic era ane NR eG genet Rr sey eet!
» |Dlainiy mar ' ‘with red fines and , 7. Feb ienen oor h ra <a
a large squaltdlof ted cloth drap : oe instill: at ieee
n (Od ACTOSS ew raine hood 4 ay a enies | shail ; year ago. fs
},, Aithough prisoners ‘will ar
an (rive at. the Yen base camp on
‘ hed Thursday, the \geds wil hold them.
nies «} there unt Monday. ;
fear. | Cofonel Willard 1. “asoe, ot ihe e 4 rs. “iy rs Y
rs \ Galveston, Texas, allie’: admunisep = 2 .
tive officer, said the 4 Iay might
[Be to give the qpmrm mig’ fag 1 ty Soupminsioner Bill Peccole | er ea
pt pandages ned fer ane rest, jan his futher, Pete, vetiementiy : es
the prisoners. He said Teds) ‘denied today that they attempted | Ja Pane te yt Mita:
probably would wan: ‘em soan? se lin any way ho Indie Sally Murphy | ae Fun
0 withdraw from her race to w- ars

a. wood apperratice when “ity are

tapned over. ie

7. ate, ¢ ey Poard merober.

The, <ider Pecocle declared Mrs. |
Fy ries hindi telephomed him on two

VICTO RIA

Seek Se le Wotengote, He said the perential) (UP) —D-Hehied t bis first aire at

he t Mea wt ing, president of

East it meat canditsite told him she owed $800 | plane ride um Nis first hot Gog Met commerce ip
jon het Rome and §400.on the famUy! Grews Prin s Shans the . Snont

Mis

or.c- D. Baker and | started «att

at. pe > * a
i ‘Yeenspun Pron four of Cun

*

sy

a ee en ee

Abe PER T

First Hot Dog

“Mh ber carn: | The 1 etter tk

the f

with

deat Re

Syria,

NETS :

GasGh

“i CARSON CITY ‘April 13
| (UP) — Clayton Fouquette
paid, with his life today for

a murder éommitied during (Mue”

|| a 1949 holdup whieh metted a
i him sp repor
| The 39 year ord wieibits: Call-! drags

was,execited. for

vada
22+)

Vert
led 4
com
qt

fornia esiden
ing of “Donald Brown,

id -gérvite  statioas attendant,
- Roulder City (OR years age.

followetl a hold-

a rider
hich netted Fo $91. tolel
i He : executes Look place at the dpi

Nevada state prison,

. Fouquetie entered the gas cham: | cate

\ Iber quietly and isnt a! gma Ta)

yi! las puards strapped Rimi &) thet aff

} single white chair, Cyanide pellets | yed:

lwere dropped into in var of hydro |used

chiorie atid at’6:0b AM and Fou-

jhette. Was pronounced dequil 16: bt

iminutes later.

® The execlition originadty sched:! ey

; { tet in 1949, bad Heeti ed: The:

biless than. Aine: times ap the remult |p
tiot various lewk! move seeking to!

lsave is fe. "TN Sas \e

5 | brought before the UB. supreme 8:

Feonrt mpon! coma per Bien:
eat ives ban

mt 4

4

4 | sions and before

G | preme-eourt many en than |§
S hehat, if

+ | Warten art ES
* | Pouquette remained "as quiet as).

He.was vistted

~ tbupual’ tast night,
fer the last tine by reine
be & i

of his cmmediate femiiy.
We hed no final requ and |

a, Arig Ce att bs Fa in Lig Las Fi

morning paper
i hewits

aes


EX PARTE FOUQUETTE Nev. 735
Cite as 255 P.2d 733

The point is without merit. The per
curiam opinion of the United States Su-
preme Court in Shepherd v. Florida reads
simply as follows: “The judgment is re-
versed, Cassell v. Texas, 339 U.S. 282, 70
S.Ct. 629, 94 L.Ed. 839.” The Texas con-
viction was reversed upon the sole ground
that the method of jury selection discrim-
inated against the negro race. Petitioner’s
reliance however is upon the opinion of
Mr. Justice Jackson, with whom Mr. Justice
Frankfurter joined, concurring in the re-
versal, but not upon the authority of Cassell
v. Texas. They thought that reliance on
this ground was “‘to stress the trivial and
ignore the important”, which referred to
the inflamed public mind growing out of
newspaper publications which recited,
among other things, that the defendants
had confessed—a statement entirely without
substantiation of any kind, and which was
never thereafter repudiated either by the
paper or by the official purporting to have
made the statement. Many other circum-
stances (gathering of mobs, burning of
negro homes, threats of lynchings, etc.)
moved these especially concurring justices
to the conclusion that the defendants “were
prejudged as guilty and the trial was but
a legal gesture to register a verdict al-
ready dictated by the press and the public
opinion which is generated.” They con-
cluded that the convictions, accompanied
by such events, do not meet any civilized
conception of due process of law. In the
first place the conclusions of the two jus-
tices thus concurring in the result were not
the holding of the court; in the second
place the circumstances surrounding the
Fouquette trial may not be compared with
those existing in the Shepherd trial; in the
third place the Shepherd case was sub-
mitted to the United States Supreme Court
in support of at least two of Fouquette’s
applications to that court for certiorari.

We emphasized above petitioner’s reli-
ance upon what he contends is a new prop-
osition of law, not heretofore presented to
this court or to the federal courts, namely,
that his conviction not only deprives him
of his life without due process but that by
reason of the circumstances and by reason

of the language used by Justices Jackson
and Frankfurter in the Shepherd case and
other pronouncements of the Supreme
Court, the trial court was without juris-
diction to try him. It is evident however
that this challenge of jurisdiction is simply
attaching another label to the identical
points raised in the prior proceedings in
both the state and federal courts.

Petitioner further contends however that
an entirely new question of law arises in
his present appeal since it is an appeal from
an order of the district court denying
habeas corpus under the statute enacted
this year by the legislature and cited in
footnote 1, supra, not heretofore considered
by this court.. He contends that the dis-
trict court’s refusal “to entertain” his
petition was a rejection of a jurisdiction
clearly vested in the district court; that
subdivision c of section 3, as added to the
old habeas corpus act, by the 1953 amend-
ment, and which denies the right of applica-
tion to a district court for habeas corpus
after an application for such writ has been
denied by the Supreme Court of the state,
may not apply retroactively to him. That
the district court refused “to entertain” the
petition is not entirely clear. The meaning
of the phrase may vary according to its
surroundings. Brown y. Allen, 344 U.S.
443, 73 S.Ct. 397, 437. The learned dis-
trict court did, it is true, state from the
bench that he had no jurisdiction. He fur-
ther stated however that it was-clear from
the opinion on the appeal from the judg-
ment “that the trial court gave the defend-
ant every right to be heard and to have a
fair trial.” He discussed the matter of
prejudice resulting from the newspaper
articles and the circumstances growing out
of the motion for change of venue, this
court’s finding of no error and that Fou-
quette had a fair and impartial trial. It is
doubtful whether anything further may be
concluded from the district court’s order
than that it determined from a full con-
sideration of the record (the entire record
on appeal from the judgment and on the
application to this court for habeas corpus
being before it) that a hearing was unnec-
essary. Brown y. Allen, supra. Accord-

sila q

(enna og

AEE OE eink lib a Ripa pa ttle

oR Tle FE cnt MEE SF By ty

inlet

cheatin onset


in briefeccceces

Vasey returned - fired shot in direction of women. Mrs.
Heslip sprang to her feet calling to ask what he was
trying to do. He fired again killing Mrs. Heslip. Fired
another shot at Mrs. Mann - hit her in right let. Then
Casey fired at his own head without inflicting any damage.

Directly across street Undertaker T. F. Dunn sat with his

son Frank and George Crumbley. dunn picked up a revolver
which was close at hand and ran across street - chased Vasey
-- sprang forward as Casy had gun pointed at him - seized the
weapon and ordered Casey to surrender

Casey drew a butcher knife from his trousers band and lunged
at his captor - knife struck the padding in the shoulder of
Dunn's coat & glanced off harmlessly. Dunn battered Casey
over the head with his weapon while with his son, Frank Dunn,
and Crumley, who by this time had arrived on the scene,
forced Casey to walk to Officers John Sullivan and m J.
Cahalan, who were approaching.

During trial - Gasey asserted he was crazed with drink.
Defended by attorneys Diskin ani Kunz.


, J

6

The Goldfield baily iribune

Sept. 25, 1909

INDICTMENT FOR MURDER 1S SUSTAINED

ratrick &. vasey, who shot and killed Mrs. ‘thomas Heslip
and seriously injured Mrs. mann, will go to trial before a
jury in Judge somer's vivision of the vistrict vCourt on
October 26, at 10 o'clock a.m He will be tried both for
murder and assault with intent to kill. .

Casey's attorneys yesterday endeavored to cause delay
in the case by raising 3a technical point, but this was over-
ruled by the court, which promptly set the time for trial.
the point was raised by the defense that rrank WW. Champion,
One of the grand jurors who indicted Vasey, was not a legal
resident of this city at the time of the indictment and that,
therefore, the indictment was illegal and ought to be quashed.
Districk attorney tilden went to Los angeles personally and
secured a new affidavit from thampion in which he says that he
has been a resident of Goldfield for three years, and that he
has never changed, nor had any intention of changing such
residence.

arial of patrick C. Casey

whe Goldfield Daily sribune October 26, 1909
DEATH PENALTY IS RECOMMENDED

Jury #iles in Near midnight after
Spending Several Hours Viscussing
Life lmrisonment or Hanging

sentence will be Pronounced in
two Weeks - after attorneys move
to set aside the Verdict.

With the death penalty staring him in the face after the
return of the jury that had his case under advisement, Patrick
Casey sat unperturbed. it was 11:30 o'clock last night wham
the watchers had about given up hope of a verdict, that word
was received from the juryroom that a conclusion had been
reached. the word quickly spread, but it did not seem to
adnterest any, for there was scarcely a corporal's guard in the
big chambers when the jurors filed in. the jury had been out
seven hours.

Judge Somers ordered the clerk to poll the jury and each
man in turn responded that the verdict met with his concurrence.

she verdict was simple eough, in the following language:
"we, the jury, find the defendant guilty of murder in the first
degree, and declare for the death penalty.”

Casey never winced, but continued the chewing of gum that
has kept his jaws busy since the first day of the trial. ne
paused but one moment, when he leaned over to his counsel am
remarked: "I knew I couldnot get a square deal".

Sentence will be pronounced two weeks from yesterday.
In the meantime the prisoner's counsel will move to set aside
the verdict as contrary to evidence. ‘the jury was held out

discussing the penalty, one man holding out for life imprisonment,

and eleven others solid for capital punishment.

(Long additional sto about his plea of
"alcoholic insanity"


’ , tan

|GOLDFIEID DAILY TRIBUNE wednesday svening, August 16, 1911
CASEY DIES ON SCAFFOLD - IvENFITY CONCEALED |

SLAYER OF MRS YOM okKSLIP .
at coldfield in 1909
Pays Gallows Price today

nis nerve regained, Man Known here as Patrick . Casey Goes to
ois veath without a iremor -- venies intent to olay nis Victim
and brays She may nest in Peace.

(Long writeup about the hanging-------

“the Curtain was dropped shutting out the view of the
scaffold, while the noose as adjusted. shen as the curtain
was raised, vasey dropped through the gallows. His neck
was broken and the blood poured ina perfect stream from
beneath the black cap. before vr. v. LU. MacLean or vr.

Je oeficnenzie could reach the body, the heart stopped beating
and vasey was dead.

ratrick seaie- Columbus Vasey was not the name of the man
executed at vtarson Lity. rourteem years ago he was a member
of the regular army and deserted. upon desertion he changed
~. his name to Patrick tolunmbus uasey. ne was a married man,

who had deserted his wife and child for eighteen years. ais

father was a prominent attorney in one of the easterm states.
His true name will not be disclosed for the reason that all
involved want to save the child and wife of Casey from shame.
He was not Irish, nor were any of his people.

Casey never had any intertions of killing Mrs. Heslip, but
was infatuated with Mrs. Mann and was jealous of Tom Heslip, and
if he had intention of killing any person it was Heslip. Two
weeks before the date of the homicide, Casey wrote two farewall
letters to people in Goldfield. these letters were found in
Casey's cabin three days after he was arrested.

these letters stated he was going to kill tom Heslip and
commit suicide. He waid he was infatuated with Mrs. Mann, and
Tom Heslip pre¥ented him in his intentions"

'"Early in the evening of August 16, 1908, Mrs. Thomas Heslip,
Mrs. James Mann and Miss Leah Fleury, neighbors, were seated,
conversing together on the steps of the Heslip home, on Fifth

Avenue near Hall Street, when Casey was seen to approach, stare
at the women and walk around the comer. A few days prior to

that time he had offered a vile insult to Mrs. Mann, whose husband
was absent in San Francisco, and who was under the protectton of
the Heslip's. The only known motive for the crime lay in the fact
that thomas Heslip, on being informed of Casey's having insulted
Mrs. Mann, went to Casey and told him he would beat him to a jelly
if he molested her further.

notin

a 44;

secant HG EB nrg) |

Prime,

— .
Last da Nevada switched from the gas Chamber —_Cole told police authorities he killed
y to lethal injection, Saying lethal injection women. He once told a psychologist

was more humane. killed 35 women, but later admitted t!
From page 1A The day before his scheduled execution, was a ruse he used in an insanity defer

might (Wednesday) he ordered Kentucky Cole engaged in gallows humor with biog- which he later abandoned in favor of

‘Fried Chicken but : rapher Mike Newton, who, along with guilty plea.
chicken aguas palaces to 9 gi Bev Newton’s wife, Judy, befriended Cole in But Wednesday he told Newtc m

food with bones. April. Cole cracked jokes about giving his have killed a couple of more women th
Prison Warden Harol Whitley said Cole rmission for doctors to examine his the 13 he has confessed to.

converted to Catholicism with the Rev. rain for abnormalities after he is dead. “He told me he might have killed a c

Dave Casaleggio rforming the service. “T guess I’ll be an airhead after my Re more in San Diego,” Newton sz
“‘He has a good atittuns and is not dis- brain’s removed,” he told the Newtons. ursday. -

playing any anger,” Whitley said. He said he hoped they didn’t fly his brain Infact, Cole, isolated from all visite
Described by some as a Clark Gable out of town because “I’ve always had a but the chaplain in the “last-night” «

look-alike, Cole stands 5-foot, 7%-inches problem with airsickness.”’ near the death chamber, was allowed

tall. He has dark brown hair and hazel _—At about 3 a.m., a team of three doctors see San Diego County Deputy Distr
eyes and was described by the Nevada are scheduled to remove Cole’s brain so Attorney Bill Green.
Supreme Court as a man with a “‘pen- _ they can study it later for possible lesions Associate Warden Anderson said Gre:
chant for murdering women.” He has or abnormalities that may have caused received special permission to visit Co
confessed to killing 13. Cole’s murderous urges to strangle in the last-night cell, where visito
One hour before his execution Cole was women after he had sex with them. The. USually aren’t allowed. Anderson sa
poused in the “last night” cell, a 7-foot brain will be preserved in formaldehyde Green was questioning Cole about tt
by 7-foot cubicle that holds a cot, toilet. for One month at the University of | ™urder of a woman in San Diego. She he
ae wash basin. He was to be injected Nevada-Reno Medical Sclou before it oother details, eae
with Nembutal, a sedative, to prevent any can be studied, said Dr. John Peacock, a Linda Miller of the San Diego Distri:

last-minute resistance. neurol rofessor at U * Attorney’s Office Said she didn’t kno
He was then to be strapped to a table head fe tate NR who will why Green was interviewing Cole, bi
where three different lethal drugs would Cole has been convicted of killing five Said it could be in connection with Cole”
be injected into his arms to stop his ner- women — three in Dallas and two in Las / December 1980 arrest in San Diego as
vous system, breathing and heart. Vegas. He strangled women after meet- . SUSpect in a murder. Miller said Cole wa
Nevada prison officials would not dis- ing them in bars and having sex with released and the district attorney neve
close what those drugs are. In Texas, them. He atic they reminded him of his >rought charges against Cole.
State executioners use sodium Pentothal mother, who brought young Cole with her I know others have endured mor
and Pavulon, drugs often used in intrave- during adulterous affairs She also 2buse than that and come out OK,”’ Cok
‘hous anesthesia, and potassium chlorate, dressed him in girl’s clothing and ‘ld Newton. “But I guess I just didn’
explosives © 8ent often used in paraded him in from’ tenes friends — q have the strength of character to over
ee, reminder of his feminine name, Carroll, Come it.”
>iate Prison Director George Sumner “Cole ‘eaid thas when he was 8, he Beginning in 1971, Cole began a |
said Cole should be dead almost immedia- drowned a playmate who made fun of his | Y4t murder spree in Nevada, Calif '
tely. Those put to death in the gas cham- name Offiery. ruled the drowning an Texas, Oklahoma and Wyoming. He _ |
ber lived several minutes before dying. accident. he strangled at least five women.

32 executed by gas in Nevada State Prison

CARSON CITY, Nev. (AP) — Carroll ing Joe Urrutia in Elko Coun , :
Edward Cole, 47, was scheduled to Jan. 17, 1939, 'Y, executed 21. James Williams, 3

become the first person executed by _10. Buton Franklin Wilkes... a
Imiectian EE ee OM MI PE he “.

21 2, convicted of
killing a fellow worker in Fikn c..4,


nber °

tion

“uted

Cole told police authorities he killed 13
women. He once told a psychologist he
killed 35 women, but later admitted that
was a ruse he used in an insanity defense
which he later abandoned in favor of a
guilty plea.

But Wednesday he told Newton he may
have killed a couple of more women than
the 13 he has confessed to.

“He told me he might have killed a cou-
e more in San Diego,” Newton said

ursday.

Infact, Cole, isolated from all visitors
but the chaplain in the “‘last-night’”’ cell
near the death chamber, was allowed to
see San Diego County Deputy District
Attorney Bill Green.

Associate Warden Anderson said Green
received special permission to visit Cole
in ‘the last-night cell, where visitors
usually aren’t allowed. Anderson said
Green was questioning Cole about the
murder of a woman ip San Diego. She had
no other details.

Linda Miller of thé San Diego District
Attorney’s Office said she didn’t know
why Green was interviewing Cole, but
said it could be in connection with Cole’s
December 1980 arrest in San Diego as a
suspect in a murder. Miller said Cole was

released and the district attorney never .

brought charges against Cole. ‘

“I know others have endured more
abuse than that and come out OK,”’ Cole
told Newton. ‘‘But I guess I just didn’t
have the strength of character to over-
come it.”

Beginning in 1971, Cole began a nine-
year murder spree in Nevada, California,
Texas, Oklahoma and Wyoming. He says
he strangled at least five women,

‘da State Prison

21. James Williams, 32, convicted of
killing a fellow worker in Elko County,
executed Aug. 25; 1950.

22. Theodore William Gregory, 46, con-
victed of killing his estranged wife, exe-
cuted Jan. 29, 1951.

23. C. Butner Owen, 36, convicted of kill-
ing his former wife, executed Feb. 10,
1951.

24. Gregorio Arellano, 23, convicted of
killing a high school girl in Washoe
County, executed July 24, 1951.

25. Comingo Echeverria, 56, convicted
of killing nurse Elizabeth Catlett in Hum-
boldt County, executed Nov. 13, 1952.

26. Clayton Octave Fouquette, 41, con-
victed of killing Donald Brown in Clark
County, executed April 13, 1953.

27. Ferdinand Bourdlais, 27, convicted
of killing Ward Budzien Sr. in Clark
County, executed April 23, 1954.

28-29. Leroy L. Linden and Frank
Pedrini, both 35, both convicted of killing
Clarence Dodd in Washoe County. Died
together in the state’s only double execu-
tion, July 15, 1954.

30. Earl L. Steward, 42, convicted of
killing Thomas Jessen in Elko County,
executed Feb. 24, 1960. :

31. Thayne Archibald, 22, convicted of
killing Albert Waters in Washoe County,
executed Aug. 23, 1961.

32. Jesse Bishop, 46, convicted in the
killing of David Ballard in Clark County,
executed Oct. 22, 1979.

Reno Gazette-Journal

From page 1A
Schindler and 9-year-old Carly Villa in
Reno by hitting them with rocks.

Reno motel managers William and Irene
Henry in December 1978 and shot them in
the head.

0 William Thompson, 47. A transient,
Thompson was sentenced to die for mur-
dering another transient, Randy Waldron,
at a hobo camp in Reno.

0 Thomas Crump, 45, who strangled
Las Vegas escort service employee Jodie
Jameson on Oct. 4, 1980. He was sen-
tenced to die in Nevada after being extra-
dited from New Mexico, where he was
serving life imprisonment for killing his
wife, a cab driver and a tourist.

C2 Gerald Gallego, 39. In 1981, Gallego
kidnapped Karen Chipman Twiggs and
Stacey Redican, both 17, in Sacramento
and drove them to an isolated area near
Lovelock, where he beat them to death
with a hammer. His wife testified at his trial
Gallego was looking for the perfect sex

’ glave. Gallego’s father was the first man
executed in the gas chamber in Mississippi
in 1955.

D Priscilla Ford, 56, who drove her Lin-
coln Continental down a sidewalk on
Reno’s casino row on Thanksgiving Day
1980. She received the death penalty for
killing six people.

DC Sheila Summers, 29, who was paid
$1,500 for murdering Joy Spinney near Las
Vegas in September 1982.

OD Patrick McKenna, 39, who killed
Clark County cellmate Jack Nobles in
1982.

CO Samuel Howard, 33. He murdered
Las Vegas dentist George Monahan after
going for a test ride in his van.

0 John Oliver Snow, 42. Allegedly a
New Jersey hit man, he was sentenced
to die for killing Las Vegas lounge owner
Harry Wham on Feb. 13, 1983.

C Robert Ybarra, 32, sentenced to die
in 1981 for the murder, kidnap and rape of
a 16-year-old Ely girl. Ybarra took the girl
to the desert in 1979 and set her on fire.
She was found wandering naked in the
desert and identified her assailant before
dying the following day.

J  Jehn Olausen, 24, and Edward T.
Wilson, 33, sentenced to die for the con-
tract stabbing death of Reno police officer
James Dean Hoff in 1979.

C0 John Mazzan, 39. He fatally stabbed
Richard C. Minor Jr., son of a former Reno
judge, in 1978. The Nevada Supreme
Court overturned his death penalty sen-
tence in 1984, but he was retried and
resentenced to death.

C Ronnie Milligan, 35. He stole money
from Zolihon Voinski, 77, of Las Vegas, on
July 4, 1980, then killed her with a sledge-

CO Kenneth McKague, 32, who tied up ©

Nevada’s Death Row

hammer at a rest area on Interstate 80
near Valmy.

OC Mark Joseph Rogers, 28. He fatally
stabbed three members of the Ermery
Strode mining family in December 1981
near Lovelock.

C Robert Farmer, 29. He pleaded guilty
in May 1984 to fatally stabbing a Las Vegas
cab driver during a robbery.

DC Tracy Petrocelli, 34. A professional
gambler, he was sentenced to die in 1982
for killing Reno car dealer James Wilson
while on a demonstration drive. He was
also convicted in Washington state for the
murder of his 18-year-old girlfriend.

C Roberto Miranda, 42. A Cuban immi-
grant who came to the United States with
the Mariel boatlift in 1980, he was sen-
tenced to die for stabbing a Mexican alien
in Las Vegas in 1981 while burglarizing an
apartment. He was later arrested in Los
Angeles after a shootout with police.

0 Cary Williams, 22. A former boxer, he
murdered pregnant Reno nurse Katherine
Carlson in June 1982, while burglarizing
her home. Carlson, seven months preg-
nant, was stabbed 38 times with a butcher
knife.

0 James Hill, 22. In 1983, he raped
and killed a 56-year-old Las Vegas woman
confined to a wheelchair. He is described
as having an IQ of 68 as the result of a
childhood injury.

0 Thomas Nevius, 29. In 1982 he was
sentenced to die for killing the husband of
the Las Vegas woman he raped.

O Richard Moran, 31. He was sen-
tenced to die in January 1985 for killing
two employees during a robbery at the Red
Pearl bar in Las Vegas. He also confessed
to murdering his ex-wife several days
later.

0 Patrick Cavanaugh, 40. He was sen-
tenced to die in December 1984 for shoot-
ing Nathaniel ‘“‘Buster’’ Wilson, a former
member of the Coasters singing group, in
Las Vegas in 1980. He sawed off his vic-
tim’s hands and feet.

CO Michael Hogan, 36. He was sen-
tenced to die for killing his live-in girlfriend,
Heidi Hinckley in November 1984.

C1 Manuel Lopez, 26. He was sentenced
to die for the torture-murder of his 4-year-
old stepdaughter, Jessica Cevallos in Jan-
uary 1985 in Las Vegas. His wife testified
Lopez hung the girl by her hair in a closet
and made her sit in scalding water.

CO Henry Dawson, 41. Last March, he
beat and strangled a 24-year-old gas sta-
tion attendant, Leslie Gail Shepard, in Las
Vegas.

0 Dale Flanagan and Randy Moore,
both 20. They were sentenced in Octo-
ber for murdering Flanagan’s grandpar-
ents, Carl and Colleen Gordon, on Nov.
5, 1984, in Las Vegas. They hoped to
receive proceeds from the couple’s will.

Friday, December 6, 1985—9A

Manson follower in Vermont

MONTPELIER, Vt. (AP) — A follower
of cult leader Charles Manson has moved
to Vermont after being released from
prison, and state officials are not happy
about it, Gov. Madeleine Kunin said
Thursday.

Kunin’s office confirmed that Sandra

Good, 41, arrived in Vermont on Monday.

Good, who spent nearly 10 years in jail
for conspiring to send death threats to
corporate officials, is reportedly living in
a supervised house in the Burlington
area. -

Manson is serving a life sentence .

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gratification,” he said. “I was just -~

as a child and forced him to, :
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mother, who he said abused him -

“Cole said Tuesday he killed.
murders followe

"women as revenge. against his

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d to 13 murders:

including the five convictions, and .

GATT TED Oe Reepsb ti

was extradited to Nevada,
where he was convicted of the
1977. slaying of Kathryn Joan
‘Blum and the 1979 strangulation -
all but’ one of them

In the only interview he’s given,

Cole, ‘convicted in Texas of
strangling three Dallas women

Crime/Courts “—

He has confesse
told a psychiatrist he killed 35

of Marie Cushman, both of Las~-

Vegas. -

1980,
omen.

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convicted of murdering five
is

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brave
inmy people,

Nev.
too.”

Death-row inmate Carroll Edwar

Cole,

y injection

because “I just messed up my life
change . my

n’t appeal h
b

is in motion, and
id ina tele-

I’m not scared; don’t

get me wrong.

iew Tuesday. “That's

i
even though scared and w

CARSON CITY,
“Everything i
I’m not. going .to..
” Cole, 47, ‘sa
“I don’t consider myself
or courageous or:noble. I’m,

d,

hone interv:

e

min

says he’s ready for execution

Associated Press.

women, says he wo

Dec. 6 execution

so bad that I just don’t care to go
on.”

own way,

nervous, sort of at peace,

© not to say

sort of at peace.””

Carroll Edward Cole
“FM: «.

‘Slayer

Continued from D1

people to understand without con- -

domng what has happened. But

as

mostly I want something to be done

aa

about these serial kinds of crimes, .

because they are so unnecessary.”

:€ole said he would like to see a
telephone hot line set up so that
people like him can get help. .

“I -wonder how many other peo-
ple“are out there doing the same
things and their:crimes going unde-
tected,” he said. “Things are get-
ting:so bad out there, people going
around killing people.

“And I just don’t believe in that.
I:never did, even though I did that.
completely out of hand.”

on)

murder as an 8-year-old when he.
drowned a playmate, known only‘as
Duane, in Richmond, Calif., be-
cause the boy had made fun of him.
The death was ruled an accident by

Colesaid. =

| {had made a mental commit-, -

ment I was going to get even with
.my mother, and things just built up
afid-built up and became an
obsession,” he said.

‘As a teen-ager with a string of -

javenile arrests in the mid-1950s,
Cole ‘joined the Navy and was given
a: bad-conduct. discharge in 1958.
He said his urge to kill women grew.

so-strong that in 1960, he ‘flagged -

down a police car in Richmond and
told the officers. _

With me, it was something that got

= Cole ’said ‘he committed his first

~ sentenced “to die.

Committed to Napa State Hospi-
tal, Cole said he was diagnosed as
emotionally unstable but was put
into therapy groups where “I
couldn’t relate, and that just set a
pattern where I wouldn’t say any-

_ thing.”

Released after 90 days, Cole
drifted from place to place working
as a carpenter, warehouseman and
trucker. He drank heavily and had
checked into three or four other
mental facilities by 1963. .

“I’m the person who slid through

the cracks in the ‘medical and
‘psychiatric system,” hesaid: :°\..
) Cole’ said..he then: married. an.
‘alcoholic prostitute who-died while :
. he was serving time in‘ Missouri for:
‘sitempting "to kill an 11-year-old
a :

-Paroled in 1970, Cole returned to .

California, where, he-said, he stran- :
.gled three women in two months in
1971 while living in San Diego. |.

’ “Then there was'a lapse of a year :

and so on and so forth,” he said.”
The victims included Cole’s sec- |

ond wife, -Diana, strangled in 1979

in San Diego. He was divorced by
his third wife while jailed in Texas
pending trial for the Dallas stran-
glings and got three life terms for
those murders. on

-_. Extradited to Nevada, ‘he: was

convicted of two more murders and
enten » die. Cole’s ‘parents
died ‘a few years-ago, and he said he
hasn’t contacted a brother and
three sisters still livine :

Vl -28-bS7

Lhe / Zon & fee pe ® fre
Phoenix, AZZ

‘nous anesthesia, and potassium chlorate,

an oxidizing agent often used in
explosives.

tate Prison Director George Sumner

said Cole should be dead almost immedia-

tely. Those put to death in the gas cham-

ber lived several minutes before dying.

® 32 executed by gas in Nevada State Prison

CARSON CITY, Nev. (AP) — Carroll
Edward Cole, 47, was scheduled to
become the first person executed by
injection in Nevada early today.

Before him, 32 men were executed by
gas, beginning with Gee Jon, 28, the first

rson in the nation to die in a gas cham-

r.

Here is a list of the executions in the
state prison gas chamber:

1. Gee Jon, 28, convicted of killing Tom
Quong Kee in Mineral County, executed J

4 Feb. 8, 1924.

2. Jukich Stanko, 29, convicted of killing
“Jennie Medak in White Pine County, exe-
cuted April 6, 1925.

3. Robert H. White, 41, convicted of

. ing Louis Laval in Elko County, winced”

June 2, 1930.

4. L. Ceja, 28, convicted of killing Char-
lie Fong in Humboldt County, executed
Sept. 4, 1931.

5. John Hall, 52, convicted of killin
John O’Brien in Clark County, execut
Nov. 28, 1932.

6. Ray Elmer Miller, 56, convicted of

murdering his estranged wife in Clark _>

County, executed May 8, 1933.

7. Joseph Behiter, 34, convicted of kill-
ing Sylvia Reither in Clark County, exe-
cuted July 13, 1934.

8. Luther Jones, 33, convicted of killing
four men after an Elko County holdup,
executed Jan. 26, 1937.

9. Domenico Nadal, 47, convicted of kill-

dressed him in girl’s_ clothi and

paraded him in front of her friends — a

reminder of his feminine name, Carroll.
Cole said that when he was 8, he

drowned a playmate who made fun of his
name. Officials ruled the drowning an
accident.

ing Joe Urrutia in Elko County, executed
Jan. 17, 1939.

10. Buton Franklin Williamson, 43, con-
victed of killing his wife in Churchill
County, executed Nov. 21, 1939.

11. Wilson Henry Byd, 41, convicted of
killing Floyd Robinson and his wife in
Elko ty, executed May 28, 1940.

12. John A. Kramer, 64, convicted of

killing Frances Collins in White Pine .

County, executed Aug. 28, 1942.

13. Floyd L. McKinney, 34, convicted of
killing Lt. and Mrs. Raymond Fisher. in
Churchill County, executed Nov. 27, 1943.

14. Raymond Plunkett, 31, convicted of
killing his son in White Pine County, exe-
cuted June 30, 1944.

15. Floyd Loveless, 17, convicted of kill-
ing an Elko County policeman, executed
Sept. 29, 1944.

16. Albert A. Sala, 35, convicted of an
Elko County murder, executed Aug. 23,
1946.

17. Paul Maynard Skaug, 36, convicted
of killing Marie Voss in Washoe County,
executed Jan. 10, 1947.

18. David Blackwell, 18, convicted of
killing two Reno police officers, executed
April 22, 1949.

19. Laszlo Varga, 24, convicted of a
rape-slaying in Elko County, executed
June 7, 1949.

20. Eugene Lee Gambetta, 46, convicted
of killing his former wife in Washoe
County, executed Oct. 18, 1949.

have the strength of
come it.”

Beginning in 1971, Cole began a nine-
year murder spree in Nevada, California,
Texas, Oklahoma and Wyoming. He says
he strangled at least five women,

> ua" Wewees Y

‘character to over-

“beat o ees

21. James Williams, 32, convicted of
killing. a fellow worker in Elko County,
executed Aug. 25, 1950.

22. Theodore William Gregory, 46, con-
victed of killing his estranged wife, exe-
cuted Jan. 29, 1951.

23. C. Butner Owen, 36, convicted of kill-
ing his former wife, executed. Feb. 10,
1951. “

24. Gregorio Arellano, 23, convicted of
killing a high school girl in Washoe
County, executed July 24, 1951.

25. Comingo Echeverria, 56, convicted:
of killing nurse Elizabeth Catlett in Hum-
boldt County, executed Nov. 13, 1952.

26. Clayton Octave Fouquette, 41, con-
victed of killing Donald Brown in Clark:
County, executed April 13, 1953.

27. Ferdinand Bourdlais, 27, convicted:
of killing Ward Budzien Sr. in Clark’
County, executed April 23, 1954.

28-29. Leroy L. Linden and Frank
Pedrini, both 35, both convicted of killings
Clarence Dodd in Washoe County. Died,
together in the state’s only double execus
tion, July 15, 1954. 3

30. Earl L. Steward, 42, convicted of
killing Thomas Jessen in Elko County;
executed Feb. 24, 1960.

31. Thayne Archibald, 22, convicted off
killing Albert Waters in Washoe County,
executed Aug. 23, 1961.

32. Jesse Bishop, 46, convicted in thé
killing of David Ballard in Clark Count)
executed Oct. 22, 1979.

Rag GA eR BS ae a

Las Vegas malice counted &

Boa
VICTIMS FOR THE -

4) Official Detective

on a chilly December morning,
Dallas, Texas detectives burst
into an apartment on Lemon Avenue and
arrested the sole occupant, 4 42-year-old ,
former mental patient recently released -
from a halfway house. y
The man put up no resistance. ‘‘I got ~
no reason to protest,”’»he-told the de-
tectives, and offered“o go quietly. ~
The formalities “of arrest were duly
carried out. He was patted down for’
weapons, his hands were handcuffed be- ~
hind his back, and he was read his legal
rights before being taken to the un-
marked police car in the-parking lot.
_ The. drive to the Dallas police central

‘headquarters took five minutes. The sus-

pect was taken through aside door, past a
bored mse earns down squad car
numbers. ¥
The handcuffs. were eared and he
was again read his constitutional rights. _
One of the detectives identified himself
and said he was investigating the murder

of a 32-year-old woman who had been _

T A FEW minutes past 8 o’clock

“found raped and half naked outside a bar.
_ It was the first time since the lawmen ~
knocked on his apartment, door that the

man had been told the pessoa for. his.

arrest. : \
“Tell us’ what ‘happened, ten “the de- —

fective said.

*Okay,””. the man said, running a

hand through his. long, dark hair. He
asked for a cigarette and a soda. :

One of the detectives shoak a cigarette
from his pack. Another spent 50 cents to
buy a soda from a a aod slid it
across the table.

“tI can tell you right now aes I need
“some help,”’ he told detectives, ‘‘I’m

- with a woman; and then something c com-_

pe ree me ame BI Bee =

= The detectives looked at each other. -
: They weren’t really ke irr this, a bom
--confession: s* =, ia

“Go ahead.” ©

ge The pian skid be wnct the women
ber on a cold, wintery night a couple of
weeks before thanksgiving. They had a
couple of drinks and went back to her

“The guy's a ‘first--
class flake. Has to
be. How else can

~you describe
someone to whom
rape and murder _

+ aren't enough, -

that he also has
‘to eat a portion

__ -of one victim?

Ee

Bar (opp. page) was hangout for suspect in murder of Wanda Fay Roberts, 32, who was raped, strangled at this parking lot

Official Detective. 15

*aT00

OST OOCSIT EL IOEDS LUSOOOELS SE POEVER DOH F1

IBD

ugeT LT feqgtum *TTOde

Par. *

*AON te

©

*SQ6T“9-cT (AtBTO)


a oy iy Sn

found himself on the ced with his hands
around her neck. He forgot if her clothes
* were on or off. He forgot if he had sex
before or after he killed her. He woke up

the next morning with the worst hangov- - -

er of his life and a stiffening corpse lying
next to him. He slept with her a couple

days. Then be 5 Tet
+ The detective asking the Gaevions felt
ajolt halfway through the statement. The

man was confessing to a murder noone ~~

knew anything about. \ =)
~*tNow, about the’girl in the bar," the
detective asked when the suspect was ~
through. **Tell us about her.’” :
“*Which one?”’ the suspect asked, and
4 the lawman felt another jolt.

- The confessions lasted well into the
night. When they were over, the suspect
had finished several soft drinks, a
hamburger and french fry dinner brought
in from an all-night fast food spot and
confessed to a string of ghoulish murders

that crisscrossed the southwest portion of
the United States: ©

A Dallas prosecutor saci describe
the grisly confession as ‘something like
you might read in “‘one of those de-
tective. magazines."” A Dallas Morning
News story described him as a ‘‘char-
acter from last night’s horror movie’’
that included such infamous killers as
Richard Speck, Albert DeSalvo and John
Wayne Gacy.

The story made headlines-in a town
noted for sensational murder cases. In
November of 1980, however, there was -
no publicity. Just a routine murder case
that needed solving and a detective out
doing his job. a

The call lit up the Dallas police swit-

~

of the observation was correct. S,

"hoard cai onthe morning of Novem

ber 12; 1980. - :
“T found a young woman in a parking
lot,” the caller said. **She doesn’t have

“any clothes on. I think she’s dead.’”:

<Police cruisers and a-city ambulance
‘converged on the nearly empty parking

~The pretty eae lying ‘face up on
the ashphalt was not exactly nude—she
still wore a blouse and a bra—but the rest

- The police officers radioed their find-
ings to the switchboard opérator and re-

“mained at the scene foe the homicide
- team to arrive.

<-Investigator Gerald Robinson envied
shortly before 6 a.m. He was tailed by
the crime photographer, lab assistants
and an assistant Dallas County medical

examiner. :
: ~The brunette was in her late twenties.

or early. thirties and’ probably had been
very pretty. She wasn’t anymore. The
‘vacant brown eyes started sightlessly

» upward toward the sky and full, tulip-
* shaped lips were crusted with blood that

\ spilled trom the sides of -her mouth.
_ The deputy medical examiner tilted

* the victim’s head to one side and pointed
© to purplish marks on her slender neck.

***Strangled,”’ he said: *“Not long ago,
either. Maybe just a few hours.”") =
Investigators: and crime lab che
nicians searched the parking lot for clo-
thing, footprints and other evidence that
might nab the killer.

_ Behind aclump of trees nouns at the
_ edge of the lot 20 feet from the body were
a pair of woman’s slacks. They were
ripped in front apparently when the gar-
ment was forcibly pulled from her body,
and held indentification naming the vic-
tim as Wanda Fay Roberts, 32, of
Dallas.

Tracing her whereabouts before she
was killed took a little more doing. In-
itially, the detective figured the woman
had been strangled somewhere else. then
brought to the parking lot and dumped.

‘lhe lot was bordered on three sides by
tall buildings, and offered protection
from pedestrians or motorists who
might happen by.

But an examination of the body re-
vealed marks on the back of the legs and
buttocks indicating her body had been
dragged. About 10 feet from the pants.
detectives discovered shoeprints and
drag marks in soft dirt behind a bush that
was at the edge of the lot. More search-
ing revealed partial shoeprints leading
toward the bush area.

The partial prints and the drag marks _

EW ge eae
'

lot in the peed bloock of: ‘Bryan Street» in #

3 (fee Yea
from the bush ruled out the use of a car.
The young woman had been ans
when attacked. hs

But where was she coingt

~The 4100 block of Bryan is in a mar- :

ginal neighborhood in central Dallas.
There are honky tonk bars and cheap
sitdown restaurants in all directions and

* the woman — have got in any -

them. 9°)
Or none of ther: ae ees
-“A lead materialized after the de

tectives finished’ with the crime scene
“and Dectective Robinson went to the

Dallas County Medical Examiner’s
Office to view the autopsy. ~—~

-* As the deputy medical examiner had
observed at the scene, the victim ‘had’
died as a result of strangulation.’ The

pathologist, ‘however, also determined -

that the woman had been drinking before

she died . Drinking a lot. ~~
To Robinson, this meant that she had

probably been in a bar the night she died.

And probably somewhere close, since .

-she had been on foot-and’ walking
through a deserted persing lot when
attacked.

The detective took morgue photos and
showed them to bartenders and waitres-
ses in.atwo-block area of Bryan Avenue.
Midway through the afternoon he got
lucky. A bartender at a club one block

from the parking lot where the body was
‘found remembered Wanda Fay.

**She’sa regular here,”” he said. **She
was in here last night.’’ «
Did he see her leave with anyone?

“She might have left with Cole,”” the

. bartender said. :

‘*They were talking and drinking
together most of the night.”

Cole was Carroll Edward Cole.

The bartender said Cole had been i n
every night for the past three days.

. »**He talks to all the women when they
come in,”’ the bartender said. ‘‘I think he
sees himself as something of a ladies’
man.”

Robinson didn’t have an address for
Cole. He ran a motor vehicle check but
it came up empty. DMV didn’t have a
current record for Carroll Cole.

But the Department of Prisons did.
So did the Department of Mental Health.

From 1963 to 1970, Cole had been
arrested for auto theft, buying liquor for
minors, vagrancy by pimping, arson and
assault with intent to kill. He spent two
years in a Texas prison after pleading
guilty in 1965 to setting fire to a Dallas
motel in an attempt to kill his first wife.

Cole’s record showed he had been in
state mental hospitals in California, Mis-

(Continued on page 53)

A;

MAGIC IN YOUR NAME

YOUR MAGIC HOUR
MYSTIC STONES
COLOR MAGIC
CANDLE MAGIC ,

THE SACRED MAGIC

Asa youngster, William Alexander Oribello constantly asked
questions about the mysteries of life and the Almighty Power of

“FOLLOW THESE EASY INSTRUCTIONS ~~
AND CHANGE YOUR LIFE FOR THE BETTER *—

ees See

NOT OF THE DEVIL —BASED ON GOD'S WORD

meric word ofthe Magi and exercises which can help yu 1
develop these wonderful powers’ which are positively God

Fer ieteninn te at creranaeests
have lead many to believe. ==

: MAKE A MAGIC MIRROR TO
LOOK INTO THE FUTURE

pogo er ea ee
Al ¢

THE SACRED MAGIC is the essence’ of the mystic
teachings given by the Magi and the Masters of Wisdom to Rev.

this hidden k

saneet, tie. oRowkis

truthfully to yourself:
( ¥Da wast peace. Joy, wove a prone filmy ke

the universe for dynamic success im ail that | do?
> ). Do I desire to help others their prob

Oribefio. To determine if you have been so CHOSEN to receive.

[a eS a oh ak PS a :

Know what the future holds! You will be taught how to turn

© - ingredients with a potent symbol to turn this magic mirror into a
treasured tool which will enable you to: 1) Change your current

past lives and understand how they affect you :
- STONES, COLORS & CANDLES

through and by the great magical power | gain?
— ) Dot want sotal control of ef el shustions which enalieat
ie? |

to the mysteries of life, Arey ahr terior rata,

what you can expect to learn from Rev. Oribello’s SACRED
MAGIC manuscript 23 oe

SEVEN GREAT MONEY SECRETS

“" De I peters be eavelonting aced tu know the answers

5 lt will be revealed to the reader how anystics use certain

the magical use of colors to influence yourself and others for
healing, peace. inspirations and love. You will learn how to turn
ordinary olive oil into a powerful blessing elixir. There is also a
ee caer ee ee ae
when to burn the candle.

KEY TO NATURE’S SECRETS

in this section, you will discover methods to improve health,

Revenied for the first tne. sre secrets pomeseed: by the

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com poe mab ab canine eoettelnelet aces ae
and as soon as you ared it.

POWER OF THE SPOKEN WORD
Hidden within the Holy Scriptures are words of power for
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Official Detective 17

that hot summer and early fall,

z including the murders of several other
_~ young women who had been sexually
~ assaulted and strangled. Leavitt pulled

the old case when he could, going back
to the bar with Catharine’s picture,

. _* re-interviewing witnesses, and ques-
x tioning suspects arrested for other

ent crimes. But nothing materia-

~ lized, andas the months went by, it

appeared that Catharine’ s saurdes
might never be solved. * ae

gitls found murdered, raped and
‘strangled in the Los Angeles, suburb
‘of | Glendale. °° eet

MO’s: two women who had been

* faped and murdered ‘after their homes

‘were broken into in 1970 and Lge :
and the murder of Catherine Blum.
= The detectives traded information

'_~ and compared notes but nothing came
of it. A suspect that the task force men
~+ had their eye on didn’t pan out and -
.« ‘there were not enough points of
~ similarity between the Las Vegas and
-- Los Angeles murders to prove the —
: "rag person was responsible-* BERS

‘The Blum case was again filed away
wader unsolved cases where it re-
mained gathering dust until December

§, 1980, when Leavitt got a call from, |
Gerald Robinson, an investigator with

the Dallas, Texas, police.

“We got a guy who says he killed

two women out your way,”’ Robinson
said. “Said he strangled one in May,
1977, and left her in an alley. The
other one he strangled in her motel
room two years later.’’

Leavitt immediately thought of.

Catharine Blum. The other case was
also familiar. On November 4th, 1979,

. 51 -year-old Marie Cushman was found

dead in her room at the Hotel Casbah
in downtown Las Vegas. She had been
raped and strangled and there were no
suspects.

“We will be on the next flight to
Dallas,’ Leavitt said.

“*You’re going to have to wait in
line,”” Robinson said. ‘‘He’s confessed
to nine murders in four states and he
says there are a lot more.”

Dallas homicide officers had faced
the same problem as the Vegas

s

ij “ : “(eontinued from page 37)
Bee plosty Of mies ta tolve Oizing

~.\sIn December, Catharine’ $ cnet
=2 ‘again came up when the Los Angeles
*. task force investigating the infamous
_. Hillside Strangler case contacted Las
- “Vegas Metro and asked if they had any
‘eases that were similar to the eleven

detectives: women with Sues sicobol

-content in their bodies. were showing

up raped and strangled. Fo eS

‘The string of slayings in Dallas
began on November 11th, 1980, when
the body of 52-year-old Dorothy King
was found in her Gaston street
apartment. She lay face up.on the bed
wearing only a blouse, and had been
dead for three or four days. The
window was-raised, the curtains. were

parted, and the woman’s-purse had

_ been rifled and the contents seattered
on the floor. 2° 9 23.2 ine
‘The medical canna office oud
* not pinpoint the exact cause of death,
or even determine if she had died of.
natural causes or been murdered.. The
“woman had’ a high alcohol contact in
~her blood and might: have died of.
alcohol poisoning. But murder could

“<< also not be ruled out because there:..
» Las Vegas had three with ‘Ginilar :

- she could have been strangled. ee
“The next day the body of Wanda

- Fay Roberts, 32, was found lying in a.*

“parking lot at Bryan Avenue. She was
«clothed only in a blouse. Her slacks
‘were found about 10 feet away, and
‘She apparently had been dragged zany
prom them; es oe es

~ Investigator Ma cbiason Mente the
a Oeetty, dark-haired woman to a bar
where she was seen with a man at

~ about midnight. The man was Carroll
* Edward Cole, 42, an unemployed

_construction worker, who lived on the
400 block of Lemmon Avenue.
A handsome man with long, neatly
cut dark hair that was going grey, Cole
-was described as a bar regular who
fancied himself a ladies’ man.
~ Robinson went to the Lemmon
‘Avenue apartment but Cole wasn’t
“there. A month went by with Cole
managing to keep One step ahead of
the. police. He didn’t surface again
until December 2nd when police went
to an apartment on Rawlins Avenue

’ to investigate the murder of 43-year-
old Sally Thompson.

Witnesses told police they went to
the front door of her apartment and
knocked on the door for about a
minute — and then a man who iden-
tified himself as Carroll Cole let them
in. Upon entering, the two witnesses
saw Sally lying face down in the living
room, her blue jeans unzipped and her
blouse raised exposing her breasts.

Cole was taken to the police station
where he said he was undoing the
woman’s clothes to have sex when she

_" suddenly dropped dead. The story

sounded suspicious but police were

rp forced to let him go after the medical ‘
“examiner could not determine whether
_ she had died of injury. or parece!

causes.

+The investigator was vi cm oat
Cole was unaware that the unem-
ployed construction worker was
wanted for questioning in the murder
of Wanda Fay Roberts. The connec-
tion was quickly made and police

arrested Cole at his apartmeng on

Lemmon Avenue... *

« Investigator Robinson ‘Teared: Cole
was probably good for one and
possibly two murders when he started

+. questioning the suspect early Sunday
~ morning, November 30th. He. didn’t
‘realize how big a fish he had.on the
dine until.he clicked on the tape

recorder and Cole started talking
about a ten-year. murder spree across

tre Slr valige S ae

=] need some help, I "am fired: of
“killing,” Cole complained. -‘‘I have

were marks om her throat indicating - been in mental institutions for 20 years

“and all I do is get worse. I see.a woman

with a drink in Ker hand and Lhave to

kill her.’’ - 2

“Cole said he had met the three Dallas
women in bars, then had sex with their
bodies after strangling them. “‘They
were coming on to me’’. he said. “‘F

peiin’t Uke KW mace my, wad 90.1

killed them.”” ..;

In confessions ta the Dallas investi-

gators and later to investigators and
psychiatrists in three states, Cole
blamed his 10-year odyssey of rape and
murder on a “‘screw up’”’ adolescence
and a promiscuous mother who picked
up her lovers in bars. “‘I developed a
hatred for prostitutes and women who
hung out in bars,’’ he admitted. ‘‘I
wanted to strangle them and have sex
with their corpses.’”

- Carroll Cole was born in Sioux City,
Iowa, the last of three children born
to a hard-working Catholic family.
‘“‘My mother ran the house,’’ Cole
said. ‘‘Daddy supplied the discipline.”

The family left lowa when Carroll
was one year old and settled in
Richmond, California, a suburb of
Oakland. Cole remembers having a

‘ happy childhood, but it had its strange ~

twists. By age seven, he had experien-
ced his first heterosexual encounter
with a girl a year younger. He also
develoged a habit as a youngster of
choking the family dog into near
unconsciousness. .

Cole dropped out of E] Cerritos
High School in the 11th grade, after

(continued on next page)

e

&

cling up a Saceaile record for

burglary, truancy and curfew viola-

’ tions. He joined the Navy in February,

1957, but was dishonorably discharged.

‘- 20 months later for stealing two .45-
‘caliber pistols from the armory, ..=

He told psychiatrists he stole the
pistols to kill a woman he mistakenly:
believed had infected him with
venereal disease. Instead of killing the
woman, he sold the guns, to a cab

driver... > saber

Cole spent two years in a Texas
prison after pleading guilty in 1965 to

_ setting fire to a Dallas motel in an

attempt to kill his first -wife..He also
spent part of a five-year sentence for
the attempted strangulation of an-11-
year-old girl who Cole knew in
Tuscumbia, Missouri. -*°2i\.¢>
«The killing began in- San Diego in

1971 when Cole picked up 39-year-old’
_ Esther Buck in-an east San Diego bar, ..

» strangled her in his;car and tossed her

; naked corpse beside a road in the rural :

suburb of Poway. © 25

-«“*] was sorry for it, "the said. “But

something just came over me.’ a

He wasn’t sorry four years later
when he met an Indian woman
nicknamed Teepee in a Casper,
Wyoming, bar. Cole said they had a
few drinks and went to Cole’s car

where he asked the Indian maiden for

sex.. The woman refused and Cole
strangled her to. death, then had sex

*with her corpse. °

’ He said he left Wecming and then
drifted between Texas and California.
He’ said in November, 1976, he met a
woman in a bar in Oklahoma City and
took her back to his apartment.

“*} don’t remember anything I did,”’
Cole said. ‘‘But when I woke up, her
body was all cut up into Pieces and
laying next to me on the bed.”’

Cole said he ate several small pieces
of flesh off one breast before putting
the parts in plastic garbage bags and
dumping them in a dumpster.

In May, 1977, Cole was living in Las
Vegas, picking up part time construc-

- tion jobs and hitting the bars at night.

On Friday evening, May 14th, he met

* Catharine Jo Blum at the local

neighborhood bar. Cole said the two
drank until almost midnight when they
left the bar to go back to his place.

They went half a block before Cole
grabbed her throat and began to
strangle. ‘‘I remember dragging her
through the grass underneath this
tree,” he said. ‘‘I remember taking off
her cowboy boots and having sex
under the tree. I think the rest of her
was naked. I know she was dead.

On August 29, 1979, he was in San

~ Diego, California, where he met a 39- _
year-old barfly named Bonnie O’Neil -
and started back to her place. They”

got as far as the 3900 block of
Fairmont Avenue where Cole said he
strangled the woman, ripped off her
clothes and raped her corpse.

Cole said these murders had pak &
wetted his appetite and now he had
an insatixble need to kill and kill again.

His next victim was his own wife
Diana Faye, 36, whom he married in
Texas six years before and who knew
nothing about his secret life. On
December 4, 1980, police burst into

the couple’s one-bedroom apartment ©

on the 3500 block of 45th Street in San

Diego and found Diana’s naked corpse "’,

leaning against the closet- door. The
coroner estimated she had been dead
about a week. ©

Cole said he left town for Las Vegas,
On November 4, 1980, he met Si-year-
old Marie Cushman at a bar off the

strip, took her back to her room at |» :
“life, ”* he told reporters. “{knowlam =. #f

the Casbah Hotel and strangled her:

When the cleaning woman found her «

naked body sprawled on the bed the
‘following morning, ee ned shready

left town. sy La Sapte MUS, ay i |
1981, before Dallas Judge John Mead, » ~ |

oT remember. we ay sex in the
bathtub,’* Cole recalled. ‘‘Then I
choked her on the bed and then
strangled her with this cord to make
sure she was dead.””.

Cole drifted to Missouri where he
spent a short stretch in jail for check
forgery before returning to Dallas,
Texas. On November ilth, 1980, he
said he accompanied 52-year-old
Dorothy King back to her home and

. killed her after robbing her purse. A

day later, Wanda Fay Roberts fell
victim followed by Sally Thompson,
on December 2nd, 1980, bringing to
an end Carroll Cole’s one man reign
of terror. +

Cole said that was only a partial list
and he didn’t know actually how many
women he had killed. He remembered
the first and the last, but lost track in
between. ‘‘I wouldn’t be surprised if
I killed 35 women,”’ he told detectives.
‘“‘There were a bunch-and I was so
drunk much of the time I can’t really
remember.’’

Lawmen wondered if Cole was
being straight or just boasting. They
even had doubts that Cole had killed

the women whose names he remem-.,
‘ before Cole was eligible for parole.

bered. The three women who died ig
San Diego including Cole’s wife all had
extremely high levels of alcohol in their
bodies and had been ruled by the
coroner’s office as having died of
natural causes.

The Las Vegas medical examiner

_also ruled that Sally Thompson’s death
?was “‘inexplicable’’ and could have «=.= |
“been alcohol related. Authorities \‘
doubt that Cole had murdered the —~

Indian woman Teepee-in Wyoming,
and do not consider him a suspect in
any murders in Oklahoma. »

“We have some unsolved cases of
women being dismembered and —
thrown in trash barrels, but Cole was

‘in prison or jail when they occurred,” . ..
an Oklahoma lawmen said. ‘“‘We don’t

consider him a quspes in any ! ee bgt
Even $0, Cole was poe to stand

trial in Dallas, Texas, for three {© |
» murders and then.later in Nevada for ~

the murders of a Blum ew
Marie Cushman. “2° ;

Cole didn’t seem to care where he
went on trial or when. Even the spector
of the death sentence hanging over his

peed Gila’ ick in outward emotional

TeSPOMSE. sy -
*‘E have been in institutions all my .

sick, but I can’t help it. This fantasy

of killing just overcomes me and Lie ; “
can’t help myself.” <~ ” Seri

At his trial, which began i in Marci

Cole was described as a ‘‘mighty sick
‘man’”’ who was a victim of the. Texas
psychiatric system.

“Carroll Cole has been petit be for

‘help for 20 years and has yet to receive

it,’’ said Doug Parks, one of two
‘court-appointed attorneys. The other, -
Ed Mason, asked jurors to return a
verdict of innocent by reason of
insanity, so that Cole could receive the
treatment he needed.

Jurors, however, rejected the.
argument and found Cole guilty of the
murders of the three Dallas women.

‘The‘same jury rejected the death
_ Sentence and instead found him guilty

of three counts of first-degree murder.

On April 9th, 1981, Judge Mead
sentenced Cole to three life sentences.
In view of Cole’s criminal record and
his admission of strangling at least 12
women since 1972, the judge ruled
Cole had to complete one life sentence
before starting on the second. The third
term was to run concurrently with the
first.

The three life terms seemed like a
mighty long time, but actually worked
Out to about 25 years behind bars

Though his life had been spared,
Cole was unhappy. He had told jurors
he wanted to be either sentenced to
confinement in a state mental institu-

(continued on next page)
39

fad sain f

653¥

tion or given the death sentence. The

__ one thing he didn’t want was along -
"stretch in the State prison 3 Bunts-_

ville. fx i

* “He 'didn’t get his wish i in the Lone
= Star State, but there was still Nevada,

which had filed papers to have Cole

- extradited to stand trial for the
5 murders he committed in Las. Vegas..

<In mid-1984, the petition was

af granted and Cole was returned to the
‘Clarke County Jail. Cole had appa-
“rently tired of prison and told anyone_
- who cared to listen that he wanted to
Rae plead. guilty to the murders and be.
~-‘given the death sentence... 6) fm
; “T believe in capital punishment and :

* F believe it’s warranted in this case,”” :

Aaa

Be (continued from page 39) - :

he said eae of factly =
“Over the advice of his defensé

will get my wish.”” ; :
~ “But it looked like the much confes-

attorneys, Cole pleaded guilty on

’_ August 17, 1984, to the two Las Vegas

killings. Cole said he wanted a panel

" of three judges rather than.a jury to
"return a verdict in. the penalty phase

of the trial. = aoe AH
~ His reasoning was simple: “] think

t ‘deserve the death penalty and if I

plead guilty and am taken before a
three-judge panel, it Js more : likely’ I

2 MEE pees od b

sed killer would again be denied his

- ‘wish. On Thursday, October If, 1984,

the three judge panel ruled that Cole

~~ €ould not receive the death*sentence

; for the arerded of f Catharine pie,
* because she was murdered in 1977,
*. before the state enacted the death

penalty. <9 ~*~ be
Cole was Gakappy and said so.
What did it take to get the death

penalty, after all? «©

aes
Then two days later he got an

answer when Judge Myron Leavitt
announced that the panel had reach a
_verdict that Carroll Cole should die
by chemical injection for the re
of Marie Cushman. - * = +

By State law, the case will sie
tically be appealed to the State
Supreme Court; which means Cole-will
be on Death Row at the State Prison
in Carson City for at least five years.

Apparently he didn’t care, though,
because the stocky silver haired drifter

“had a smile on his face as he left hay

courtroom. ©9199 hess

. we nia AAR Y 8
rife es ca te :
:

to look for re

to Rey.

2 **Do you consider him a suspect?”
_ Rey asked.

“My gut feeling 1 is yes, but that’s

: jumping the gun. We can’t consider

him much of anything until we get him

to the station and hear what he has to.

say and see how he acts.’” Since
Mundy had not worked side by side
with Rey before, he explained, ‘‘I
believe the environment of the station
gives police an advantage, so I usually
try to question key people there.””

“With Johnston seated in a brightly
lighted interview room at the station,
Mundy and Rey were finally able to
scrutinize the young man who had
phoned the 911 emergency number to
report the finding of Mary Ham-
mond’s body. Mundy observed the
witness as having brown hair, hazel
eyes and a fair complexion. He also
noted a number of scratches on
Johnston’s face and what appeared to
be blood spots on his person and
clothing.

He did not comment on these but
went to get coffee for everyone.
Taking advantage of this time away
from the interview room, he obtained
the tape of the call made by Johnston
to the 911 emergency number and ran
it. He noted that the caller was so

hysterical that he sounded more like a -

40

= iT believe we'll ask Daal Johnston *
~~ to come to the sation not only to give
» @ statement as a witness but also to
‘clear up the inconsistencies in the
- statements he’s made,”” py said

Killer Who Shrieked Like A GIN: =

“~~ female than Att Mundy asap

* advantage of this time to locate Officer
Dupuis, the blood specialist, to ask

him to come to the interview room to ©
view the stains on Johnston’s clothing. ©

By the time the investigator returned

-to the interview room, the three
-officers who talked with Johnston at

the crime scene had joined the group.
Mundy began the taping of the
interview with the reading of the
Miranda rights and routine questions
about the discovery of the body. He
had not taken the questioning far
before Officer Dupuis came into the
room. ‘‘That’s enough for the mo-
ment,’? Mundy said. “‘We’ll take a
short break aout bave another cup of
coffee>”’

The true oagcne of Sandy calling
a break at this time was to give Dupuis
opportunity to study the reddish stains
on Johnston’s clothing. One of the
crime scene investigators went for
coffee; the others got up to stretch
their legs and talk briefly about
matters other than the investigation at
hand. Mundy observed Dupuis talking
around Johnston, studying the stains,
while Johnston was engaged in
conversation with officers he’d talked
to at the crime scene. Johnston,
becoming aware that Dupuis was up to
something, demanded, ‘‘What are you
doing?”

**Just looking at your socks,”’
Dupuis replied.

Before anything further could be
said, Mundy called the break to an end
and, while everyone was resettling,

walked out of the room with Dupuis.
“*What’s the” Morr he ‘eset the
blood

ston’s shorts and socks but cannot attest
to the fact that the stains on_his tennis

shoes were made by blood. The stain —

‘on his shorts was above the left leg in
the area of the crotch and groin. The

shorts were a target for blood in | :

motion, but I cannot tell whether the
blood struck from above, below or

™ straight on because they are made of
a material that absorbs blood instantly -

and does not vent telltale disectional
indicators. «3

-**The socks are of a piardia Py ies
absorbent than that of the shorts.. Not
much blood struck the socks; but as it
did, it broke and ran at a downward
angle, again indicating blood in
“motion. It is my opinion that the type
of the stains on the shorts and the
socks indicate the clothing was a target

for blood in motion as opposed to ,

blood smeared or blotted. I did not
observe blood spots on Johnston’s
legs, knees, thighs or arms. The
“scratches on his face could have been
caused by the victim clawing for her
life during the attack.”

Armed with this information,
Mundy returned to the interview room
to resume the questioning of Johnston.
After Johnston finished his account of
how he happened to discover Mary
Hammond’s body, the lead investiga-
tor said, ‘“Okay. There are inconsis-
tencies in the accounting of your
actions as given to various officers at
the crime scene as well as in the story
you’ve just told here. We need to clear

(continued ‘on next page)

specialist. <
“AT observed ploodstain on: he

“these upas fast as posible.” 19a

*Johnston’s tensing indicated to
” Mundy that Johnston suddenly real-_

ized he’d been brought to the station

_ #for more reasons than giving a wit- —
*- ness statement. ‘I’m not going to talk
, a ee E want a lesen solace

os

apy is your right,” Mundy “aid. ;

“In the meantime, I have probable

cause to arrest you for the murder of

Mary Hammond.”") = 9
The suspect jumped up from his
chair and took.a karate stance, chal-

<o lenging the arrest. **That’s senseless,”
» Mundy advised- BYou're. outnum-

$. Bett =

= Johnston did not resist Prather ‘but

punched a hole in the wall before let-.

ting officers handcuff him. Mundy and

“< Rey then took him to’ another inter-
View room at the station where they
; gave him jait blue jeans to put on so

op pect’s blood for transmittal to the San-
, ford crime lab. As: officers prepared
~ to remove Johnston to the Orange

County Jail; the suspect kicked a hole

in the wall of the second interview

Toom. i PEAS Pa ys ott
©With Johnston on his way to ‘jail,

_- Mundy went to his office to take care
~ of the paper work involved ‘in filing

the arrest affidavit and forwarding

- "information: on the case to the state
. attorney’s office. It was shortly after

_8 p.m. when Officer Shirley Coleman

stopped by to brief Mundy on expe-
riences she’d had with David Johnston. -
“About two-o’clock this morning,”*
she said, ‘‘I was dispatched to a con-
venience store to investigate a shop-
lifting incident. EF was somewhat sur-
prised on entering the store to see
David Johnston.standing there with

...Molly Patrick who identified herself

as an employe at the store, a witness
to the shoplifting incident and John-
ston’s fiancee. I knew Johnston from
two previous incidents during the
week. The first was when he flagged
me down in the predawn hours of
Tuesday to tell me he’d seett a black
male in a red jumpsuit steal mail from
someone’s mailbox. Johnston said he
yelled at the thief who took off run-
ning. He demanded that I find and
arrest the culprit.

“The very next day, again in the pre-
dawn hours, I was dispatched to the
parking lot of a lounge to investigate
a disturbance caused by someone
demanding the removal of twenty-
eight people from the parking lot. The
person demanding this was Johnston.

4
*

: & sees we 3 ae). SA! ss 5 Kaeb et}
Despite these'two bucidents, 1 sill was

surprised to see him at the convenience _
store, to learn that Molly Patrick was
his fiancee and to observe that he was
wearing a gaudy gold ring. I couldn’t

_heip wondering how he could afford

such an expensive-looking place of
jew A
: sx¥car'ie Sure i teak fee Of cldek tiie
morning when you got to the conve-
nience store to investigate the shopliit.
ing incident?’” Mundy asked. - :
“Of course. It’s om my report. Any:
way,” Coleman went on, “a descrip--
tion of the shoplifter had been broad-

cast by headquarters and shortly after
a I arrived at the store, I got a call over

my radio that another officer had .

him a block away. I took.
Molly Patrick to where the officer was
holding. the suspect. She identified
him; I put him in the back seat of the
patrol car, drove back to the conve-
nience store and went inside with Molly

to get a statement. I left the shoplift- °_

ing suspect safely locked up in the car.

‘During the time I‘was getting Mol-

ly’ s statement, Johnston walked out

" of the store. When I left at two-forty-

eight a.m-, I found him standing on
the driver’s side of the car yelling at
the suspect. He had the suspect so riled —

- up that he, the suspect, was banging

his head against the window. Seeing
me, Johnston yelled, ‘This guy is dirt
and scum!’ I told him to move away -
from the patrol car or I would take
himi to jail. He demanded to know my
name and said he was going to call his
lawyer. I said that was fine and
repeated that if he came near the pa-
trol car again, I would have to take him
to jail. He was making a call on the
pay phone outside the convenience
store as I drove away with the suspect.
“1 should add that on the three
occasions when I saw Johnston, his
eyes were glassy —as though he’d
been crying, was tired or had been
smoking marijuana.”* ~~ :

~ “Thanks,’*» Mundy said. “Your
information establishes where John-
ston went following a p
incident at a gay bar, which occurred
at one-forty-three this morning.’

Officer Coleman left and the inves-
tigator finished. his desk work. Then,
after asking Rey to go to the conve-
nience store to interview Molly Patrick,

is oy found the ‘pillowcase in a front ee

loader at the site,”” the company owner

explained. ‘‘It’s got some silverware, z

‘some jewelry and a teapot in it. One
of my workers happened to see Johns-

ton hide it in the loader. I thought ae
I'd better bring it over.’ ;
- “What can you tell me about John-

ston?’’ Mundy asked.

-**Not much,’’ the company owner
replied. “I hired him a short time ago
on a part-time basis. Two of my work-
‘ ers reported they'd seen him going

into the Hammond house when he was ~
supposed to be working. I understand,

also, that he was trying to séll a ring”
on the job site for a couple of days
but got no takers."

-< Mundy asked the company owner -

‘to go to the police station to give a
statement then, taking the pillowcase

and its contents into evidence, pro- jf

ceeded to the Hammond duplex to
gather other items of evidentiary value. -

These included the candle holder on. #f
the ground near the entrance, the Coke ~ fj
“can from‘the kitchen counter and, «© ~ }

from the upstairs bathroom, the watch

and the washcloth which appeared to ~

have a stain on it. Technicians still pro-
cessing and photographing the crime

scene pointed out a bloodstain on the.
metrigerator which, Mvady bed aot 20. ec

ticed before.

“With evidence gathering finished, eS

Mundy talked to the victim’s grand-

daughter. The young woman said
she’d seen Johnston for the first time.’

at the beginning of the week. “‘It was
Monday, Halloween night,’’ she
stated. ‘‘My husband and I wanted
some candy. Granny always had
candy around, so I went next door to
get some. Johnston was there; he was
in the kitchen helping Granny with
the dishes. She didn’t introduce him
at that time, just gave me some candy
and I left.

**I felt concern about a ‘stranger
being in my grandmother’s house and-
worried about it all day Tuesday. Fi-
_nally, on Fuesday night, I went next
door to talk to her about it. She iden-
tified the stranger as David Johnston,
a worker, with the company demolish-
ing the adjacent property. She said
she’d never seen him before the pre-
vious morning when he came to her
door with chimes he’d taken down

he returned to the crime scene ta from a tree in her back yard. The tree

supervise the gathering of evidence.
There, he found Sergeant Smith,’ a
bulging pillowcase in his hand, talk-
ing with a man outside of the duplex.
The sergeant introduced the man as
the owner of the company demolish-
ing the adjacent property. |

was marked for removal. She said he
asked for a drink of water, which she
gave him. That night, she said, he stop-
ped by just as she was having dinner.

She felt she had to be polite so invited

(continued on next page)
41

Cule told police authorities he killed 13
women. He once told a psychologist he
killed 35 women, but later admitted that
was a ruse he used in an insanity defense
which he later abandoned in favor of a
guilty plea.

But Wednesday he told Newton he may
“---a killed a couple of more women than

13 he has confessed to.

He told me he might have killed a cou- |

oo more in San Diego,’’ Newton said
ursday.

Infact, Cole, isolated from all visitors
but the chaplain in the “‘last-night’’ cell
near the death chamber, was allowed to
see San Diego County Deputy District
Attorney Bill Green.

Associate Warden Anderson said Green
received special permission to visit Cole
in the last-night cell, where visitors
usually aren’t allowed. Anderson said
Green was questioning Cole about the
murder of a woman ig San Diego. She had
no other details.

Linda Miller of thé San Diego District
Attorney’s Office said she didn’t know
why Green was interviewing Cole, but
said it could be in connection with Cole’s
December 1980 arrest in San Diego as a
suspect in a murder. Miller said Cole was

released and the district attorney never |

brought charges against Cole.

“I know others have endured more
abuse than that and come out OK;,”’ Cole
told Newton. ‘‘But I guess I just didn’t
have the strength of character to over-
come it.”

Beginning in 1971, Cole began a nine-
year murder spree in Nevada, California,
Texas, Oklahoma and Wyoming. He says

strangled at least five women,

ja State Prison

21. James Williams, 32, convicted of
killing a fellow worker in Elko County,
executed Aug. 25, 1950.

22. Theodore William Gregory, 46, con-
victed of killing his estranged wife, exe-
cuted Jan. 29, 1951.

23. C. Butner Owen, 36, convicted of kill-
ing his former wife, executed Feb. 10,
1951.

24. Gregorio Arellano, 23, convicted of
killing a high school girl in Washoe
County, executed July 24, 1951.

25. Comingo Echeverria, 56, convicted
of killing nurse Elizabeth Catlett in Hum-
boldt County, executed Nov. 13, 1952.

26. Clayton Octave Fouquette, 41, con-
victed of killing Donald Brown in Clark
County, executed April 13, 1953.

27. Ferdinand Bourdlais, 27, convicted
of killing Ward Budzien Sr. in Clark
County, executed April 23, 1954.

28-29. Leroy L. Linden and Frank
Pedrini, both 35, both convicted of killing
Clarence Dodd in Washoe County. Died
together in the state’s only double execu-
tion, July 15, 1954.

). Earl L. Steward, 42, convicted of
ing Thomas Jessen in Elko County,
executed Feb. 24, 1960. :

31. Thayne Archibald, 22, convicted of
killing Albert Waters in Washoe County,
executed Aug. 23, 1961.

32. Jesse Bishop, 46, convicted in the
killing of David Ballard in Clark County,
executed Oct. 22, 1979.

Reno Gazette-Journal |

ecember 6, 1985—9A

riday,

From page 1A
Schindler and 9-year-old Carly Villa in
Reno by hitting them with rocks.

Reno motel managers William and Irene
Henry in December 1978 and shot them in
the head.

0 William Thompson, 47. A transient,
Thompson was sentenced to die for mur-
dering another transient, Randy Waldron,
at a hobo camp in Reno.

0 Thomas Crump, 45, who strangled
Las Vegas escort service employee Jodie
Jameson on Oct. 4, 1980. He was sen-
tenced to die in Nevada after being extra-
dited from New Mexico, where he was
serving life imprisonment for killing his
wife, a cab driver and a tourist.

0 Gerald Gallego, 39. In 1981, Gallego
kidnapped Karen Chipman Twiggs and
Stacey Redican, both 17, in Sacramento
and drove them to an isolated area near
Lovelock, where he beat them to death
with a hammer. His wife testified at his trial
Gallego was looking for the perfect sex

~ glave. Gallego’s father was the first man
executed in the gas chamber in Mississippi
in 1955.

C2) Priscilla Ford, 56, who drove her Lin-
coln Continental down a sidewalk on
Reno’s casino row on Thanksgiving Day
1980. She received the death penalty for
killing six people.

OC) Shelia Summers, 29, who was paid
$1,500 for murdering Joy Spinney near Las
Vegas in September 1982.

O Patrick McKenna, 39, who killed
Clark County celimate Jack Nobles in
1982.

O Samuel Howard, 33. He murdered
Las Vegas dentist George Monahan after
going for a test ride in his van.

0 John Oliver Snow, 42. Allegedly a
New Jersey hit man, he was sentenced
to die for killing Las Vegas lounge owner
Harry Wham on Feb. 13, 1983.

0 Robert Ybarra, 32, sentenced to die
in 1981 for the murder, kidnap and rape of
a 16-year-old Ely girl. Ybarra took the girl
to the desert in 1979 and set her on fire.
She was found wandering naked in the
desert and identified her assailant before
dying the following day.

J 0D John Olausen, 24, and Edward T.
Wilson, 33, sentenced to die for the con-
tract stabbing death of Reno police officer
James Dean Hoff in 1979.

0 John Mazzan, 39. He fatally stabbed
Richard C. Minor Jr., son of a former Reno
judge, in 1978. The Nevada Supreme
Court overturned his death penalty sen-
tence in 1984, but he was retried and
resentenced to death.

DC Ronnie Milligan, 35. He stole money
from Zolihon Voinski, 77, of Las Vegas, on
July 4, 1980, then killed her with a sledge-

OC Kenneth McKague, 32, who tied up ~

Nevada’s Death Row

hammer at a rest area on Interstate 80
near Valmy.

0 Mark Joseph Rogers, 28. He fatally
stabbed three members of the Ermery
Strode mining family in December 1981
near Lovelock.

0 Robert Farmer, 29. He pleaded guilty
in May 1984 to fatally stabbing a Las Vegas
cab driver during a robbery.

OD Tracy Petrocelli, 34. A professional
gambler, he was sentenced to die in 1982
for killing Reno car dealer James Wilson
while on a demonstration drive. He was
also convicted in Washington state for the
murder of his 18-year-old girlfriend.

0) Roberto Miranda, 42. A Cuban immi-
grant who came to the United States with
the Mariel boatlift in 1980, he was sen-
tenced to die for stabbing a Mexican alien
in Las Vegas in 1981 while burglarizing an
apartment. He was later arrested in Los
Angeles after a shootout with police.

0 Cary Williams, 22. A former boxer, he
murdered pregnant Reno nurse Katherine
Carlson in June 1982, while burglarizing
her home. Carlson, seven months preg-
nant, was stabbed 38 times with a butcher
knife.

0 James Hill, 22. In 1983, he raped
and killed a 56-year-old Las Vegas woman
confined to a wheelchair. He is described
as having an IQ of 68 as the result of a
childhood injury.

0 Thomas Nevius, 29. In 1982 he was
sentenced to die for killing the husband of
the Las Vegas woman he raped.

0 Richard Moran, 31. He was sen-
tenced to die in January 1985 for killing
two employees during a robbery at the Red
Pearl bar in Las Vegas. He also confessed
to murdering his ex-wife several days
later.

0 Patrick Cavanaugh, 40. He was sen-
tenced to die in December 1984 for shoot-
ing Nathaniel ‘‘Buster’’ Wilson, a former
member of the Coasters singing group, in
Las Vegas in 1980. He sawed off his vic-
tim’s hands and feet.

[1 Michael Hogan, 36. He was sen-
tenced to die for killing his live-in girlfriend,
Heidi Hinckley in November 1984.

0 Manuel Lopez, 26. He was sentenced
to die for the torture-murder of his 4-year-
old stepdaughter, Jessica Cevallos in Jan-
uary 1985 in Las Vegas. His wife testified
Lopez hung the girl by her hair in a closet
and made her sit in scalding water.

0 Henry Dawson, 41. Last March, he
beat and strangled a 24-year-old gas sta-
tion attendant, Leslie Gail Shepard, in Las
Vegas.

0 Dale Flanagan and Randy Moore,
both 20. They were sentenced in Octo-
ber for murdering Flanagan’s grandpar-
ents, Carl and Colleen Gordon, on Nov.
5, 1984, in Las Vegas. They hoped to
receive proceeds from the couple's will.

Manson follower in Vermont

MONTPELIER, Vt. (AP) — A follower
of cult leader Charles Manson has moved
to Vermont after being released from
prison, and state officials are not happy
about it, Gov. Madeleine Kunin said
Thursday.

Kunin’s office confirmed that Sandra

Good, 41, arrived in Vermont on Monday.

Good, who spent nearly 10 years in jail
for conspiring to send death threats to
corporate officials, is reportedly living in
a supervised house in the Burlington
area.

Manson is serving a life sentence .

12 NO oe

« SB. ue

‘Cs.


INCENT JAMES RUSSO was born in St. Albans, New York

E he on July 20, 1954. He is five feet, eleven inches tall and weighs
“155 pounds. His build is slender. He has brown hair, brown eyes, and

“his complexion is olive. He is white. His nationality is American.
. Allegedly, Russo was a police offi icer. The Social Security number he
_ used is 067-46-5747. He may be wearing a full beard.

On January 4, 1979, a federal warrant was issued at San Diego,
California, charging Russo with unlawful interstate flight to avoid
prosecution for the crimes of robbery, kidnaping and attempted
murder. Russo is also being sought as a deserter from the United
States Marine Corps.

The fugitive is also being sought in connection with an armed
robbery in which a liquor store clerk was abducted, forced to the
ground and shot repeatedly at point-blank range with a .45-caliber

_ automatic pistol.
4 * Vincent James Russo is considered armed and dangerous. If you
should see this man, don’t play hero. Contact your local police
= fi department or your local FBI office. kk

Oy

next day, Thursday, August 4th, the s
_ lawyer characterized the state's star wit- -

ness, Lew Castle, as “‘a snake’’ and ‘*a
chameleon,”’ an opportunist who would

do ‘anything to stay out of jail. 59>
**He would do and he would say any- — -

thing he could: : .to. get himectf out of 4
predicament.”’

-It was the attorney’ $ contention that ?
his client had been play-acting during the ~
two taped converstions. with Castle, -

attempting to find out what Castle knew
about the murders exactly as Castle was

making up things to find out what Echols ~~

knew. >

- Echols, he explained. ‘was. making =

himself look bad to Lew Castle.’*«

Assistant State Attorney post ee
Sandefer saw things differently..Castle’s. >
life, he said, *‘ain’t going to be worth a .

plug nickle in Gary, Indiana.”

» Sandefer went on.to.say that ‘Echols® "2

comments on the tapes were consistent
with the murderers’ MO: and reminded
the jurors of the frequent conversations

’ between Alexander Dragovich and the ~ ;

defendant around the time of the killing.
“This defendant came to Clearwater

to commit an execution,”’ Sandefer said. -

The jury agreed, finding Robert

" Echols guilty of first-degree murder on

Thursday night. -.....,
In the penalty phase of the oral on
Friday, a relative testified that Robert

Echols was an active member of St. |

Timothy’s Community Church, in Gary,
where he was a member of the men’s
fellowship. Since his arrest, she said, he
had continued to: send money to the
church from jail. i

Defense counsel pointed out that
Echols’ only previous criminal convic-
tion had been for burglary in 1960 and
said that Alex Dragovich had tumed his
client’s head with false promises.

**Robert Echols was an old man who
went for the big, big financial kill in his
final years,’’ the lawyer said.

“*T think he got sucked in...”” 5

“There is a good side to this man.
The appropriate punishment is not to
wipe him off the face of the earth."’

Countered State Attorney Sandefer,
**He flew a thousand miles to kill some-
body and get money and get his condo
project. He wanted his share of the eco-
nomic pie and he wanted to be set for
life... -

“It takes a cold man to carry out a
contract killing, a very cold man,’’

The jury, after considering the testi-
mony, voted 10 to two to spare Echols’
life, recommending that he spend what
was left of it in a Florida prison. Howev-
er, when he came up for sentencing on

‘second week of January, et the pr >.

~ >was the claim of Nelsdn’ s counsel that he |

*. couldn’t be sentenced to die because he —
__ was insane, a man exhibiting Paranoid-
# 1 hepa symptoms and violent ~

“mood swings because “ta bullet’ in his —

+ ~head is moving about seeking an exit.””
-. The attorney went on to say that, “the

-. defendant has exhibited to counsel both
facial contortions and sounds consistent _
with a person suffering intense pain."”

~ os At Alexander Dragovich’s murder
trial in March, 1984, defense attorneys
told the jury in their opening statement
that.a Tampa resident named ‘*George’”
was the person who probably was the
moving force behind the slaying of Wal-
ly Baskovich. George was identified as a

. man who had a financial debt to settle
with Baskovich secs oil and gas in-
"vestments. ~ .

Although admitting that his client had
supplied the key to the victim’s home to
the killers from Gary, Indiana, the de-
fense lawyer insisted that Dragovich had
ordered a burglary, not a murder, a bur-
glary designed only to retrieve a $48,000
promissory note which Baskovich held
against his brother-in-law.

**If the man was good enough to make
him loans,”’ the attorney said, **he cer-
tainly wouldn’t want him out of the pic-
ture.”’

On Tuesday, March 20th, the jury
viewed a videotape in which Alex Dra-
govich was asked by undercover officers
for the identity of **George’’ from Tam-
pa, whom Robert Echols once had de-
scribed as “‘the big boss’’ behind the
murder.

**George, huh?” Dragovich an-
swered. **Well, he calls me George.”’

In their final arguments on Friday,
March 23rd, prosecutors termed Drago-
vich *‘an armchair killer’’ who used his

hier ‘August 12th, Ci Cat dee Wii-
“liam L. Walker ruled’ instead that he —

- ‘should die in Florida’s electric chair. ee
__ = Months of ¢areful planning: “!ac-
oe “companied this crime,” Judge Walker
: ‘said i in explaining that he had found no
cc ‘mitigating factors significant enough to
s warrant a life term. In addition to the

death penalty, Walker sentenced Echols.

Tidians Shansctioas ti a red gun to

Sia ie

~ knock off his brother-in-law. ’
“He sits now with not a drop of blood

on him,” Sandefer said. **H&’s worse.

than the man who pulled the trigger him-

self. Except for this man, Wally Basko- ©
“vich would be here today."” “9
* At 12:46 on Saturday morning, March

24th, after nearly four hours of delibera-
“tion, the jury found Alexander Drago-

re

ee i PRBS isk

n the penalty phase of the trial, res

AEE Sp

_dn't care. | tba aE

_ sig ~vich guilty of first-degree murder, robb—

“Four months later, on ena ee ery and using @ firearm in the commis-

toes, another Pinellas County j jury con- “sion of a felony. -

~_ victed Melvin **Mad Dog”’ Nelson. of

being the ‘triggerman in the murder‘ of tant State Attorney Crow asked the jury,
Wally Baskovich.- When Nelson came ‘What type of person does it take to kill

‘up for sentencing @ month later, in the Bh father. of people ( (he) Rita 2

je Eee

eae claimed that he ‘was’ Senay
~ competent to face the death: penalty. It

, he
personalities involved, ‘and he Simpl” di

qtest ‘be nes 5 daa

“If any crime Ss desieviig' the ul
‘timate ae it s the contract kill

¥

ing." SAR Sree see Bs

eee aye. al ae

ake took the jury just ‘40 minutes ‘of

‘deliberation to decide, by an eight to four

- Vote, that ‘Alexander Dragovich should

pay for hi
sha. na

souri and ring had a briefs mine at

Parkland Memorial Hospital in Dallas in”
19673 after an unsuccessful suicide at 5

sags % Fr

One ‘payehiattist described Cole ‘as

_acutely disturbed and a menace to
society. Another was more to thé point.
“The female figure is very threatening

‘to him and he wants to kill it,’ : the psy-
chiatrist, said. ‘tHe dare. not rape the
woman of his obsessions. He must kill

her first, then rape her.”’ :

Robinson let out a whistle. This was

~ the same guy the bartender took for a
ladies’ man? The guy who talked all

night and later left with Wanda Fay -

Roberts?

Robinson learned that Cole had
served a short stretch in federal prison in
Missouri for forgery. and had been
paroled to a halfway house in Dallas.
The social worker at the halfway house
said Cole had dropped out of the program
three days before. No one knew where he
was.

The investigator put out an_all points
bulletin for the federal parolee, noting
Cole was a convicted sex offender and
was a suspect in a murder case. He was to
be considered armed and tes par-
ticularly to women.

It seemed insane that a man who had
an obsession with killing females so he
could rape their bodies would have been
returned to society. But that appeared to
have been what happened.

The bartender and waitresses at the
honky tonk were told to call police im-

 eltucly if Col Baatscd ie be
Plainclothes detectives checked in reg-
pest Roc eae ager Hpi :
orth ab hee Sheed am Tee
abouts. » ss

‘

ie.
eerie

: ‘0 Cole. They denied Maven s hemese

well mannered man with an earthy sense
of humor. One said Cole looked like a
“*good catch’’ and that she would have

gone if Cole asked her on a date. Now

"she was thankful she hadn't. “~"

Police learned from Cole’s ex-wife
and others who knew him that he was a
drifter who had been back and forth
across the country a couple of dozen
times in the past 10 years.

He had been born in Sioux City, Iowa,
but was raised in Richmond, California,
near San Francisco.

Cole had bragged that he had ex-
perienced his first ‘‘heterosexual
encounter’ with a girl when he was just
seven. He-also claimed to have de-
veloped a habit as a youngster of choking
the family dog into near unconscious-
Ness. -

He dropped out of El Cerritos High
School at age 18 to join the Navy. Twen-
ty months later, he was court-martialed

,and dishonorably discharged after steal-
ing two.
' armory

-45-caliber pistols from an

He told psychiatrists he stole the pistol
to kill a woman he mistakenly believed
had given him a venereal disease.

Released from the Napa State Hospital

for the Insane in Imola, California after a

Official Detective 53


- fired after a couple of months. His favo-
pee pesnimne vos Senge need aby
- tonk bars and picking up women.-°

- Police discovered a few who found
> Cole to be a nice, witty guy who liked to

have a good time. They apparently never ”
: nd cap Taped aA cake <4
| _ s*tWe dated a few, times and he would

é past” disappear,"” one woman said. ‘‘1 »
- always wondered what happened to”

_ = him.”” So did-Dallas police, who won-
dered if the Towa-born. ica Sees

eho could trees home, weak oer e
"or fix a leaky faucet. He would find a
«job; -work a couple ‘of weeks; then dis-~
“appear before his name ever reached —

é “might go by before he was caught. By

then the case might be so old that‘when _
he was stopped inevitably for the routine _
traffic violation or public intoxication, ~
“police wouldn’t know about the murder —

“warrant that was definitely, hanging
over his head. ‘..ueanie
‘And that almost happe

November 30th, neighbors on Rawlins
Avenue, a quiet, tree-lined residential
Street in northwest Dallas, heard screams
come from the apartment of 43-year-old

Sally Thompson... \..
*. They rushed to the apartment ‘and

: pounded on the door. A minute later a.
stranger answered. He looked dish-

eveled and reeked of whiskey. but
appeared coherent. 3

The neighbors said they heard screams
and wanted to talk to Sally. The man
showed them in. ..

Sally lay on the living room floor near
the couch. She was face down on the
carpet, and her blue jeans and panties
were down to her knees.

She didn’t appear to be breathing.

Police and paramedics were sum-
moned. The victim was rushed to the
hospital where she was pronounced
dead. ;

The man who was with her in the
apartment gave his name as Carroll Cole.
He said he had met Sally in a bar earlier
that evening. They had a few drinks and
went back to her place. He said one thing
led to another and they started to make
love. He had her pants half off when

&

$4 Official Detective

- He found work but always quit or oe

é. Nemes deta ere F
Si: Detective Robinson ‘cursed. his this. <

BS oe sould Fasc Goer WR Detectives figured

att alive: It was conceivable that years”

Shortly before midnight Sunday,

the neighbors pounded on. the door.

_-.Cole was talken to Dallas police sta-
‘tion but released a few hours later after
the initial medical examiner’s report in-
"dicated he might be telling the truth. The
_pathologist had found no external marks
on the body and no signs she, had been

4 poisoned or strangled. He did find a great

‘deal of alcohol in her blood and signs
-that she might have died from an alco-
“hoFrelated death. yoy) PR

rice: Was is foxece to hold de won
a hc weanielosed cn timaera tartigal
“zance. It was only later that morning that _
we Police learned that Cole. wie, wanted ca.

“fortune and got hold of the police report -

"made out by the police Officers resposts 5

~ ing to the calf by the neighbors. -
The report listed an address on Lemon
it fittitious ”

~ Cole was dirty and unshaven. There
-were pouches under his brown eyes and
_ he appeared to have been drinking but
_ Not drunk. erg er feo grnss

_ “What can I do for you?” he asked.
Three hours later, he was confessing
© to a string of gruesome sex.murders that
made just about everyone who read the
headlines wonder if there was no limit
to. human depravity. Cole confessed to
“eight murders, and said the toll might be
three or four times that many.

Some of the murders were never sub--
stantiated. Others weren’t officially
murders but were classified as ‘‘death by
natural cause.’” Even so, it was an im-

pressive list. One detective described it”

“*a one-way ticket on a terror-train.’’
It began in San Diego in 1971 when
Cole picked picked e 39-year-old Ester
Buck in an east San Diego bar, strangled
her in his car and tossed her corpse be-
side a road in the rural suburb of Poway.

Cole said he once woke up in an
apartment in Oklahoma City. In the bed
with him was the naked, strangled body
of a woman he mhad met in a bar the
night before. Cole said he had sex with
the corpse, then ate portions of her flesh,
before stuffing the dismembered corpse

‘into several garbage bags and dispos-

ing of them in a convenient dumpster.
In May, 1977 Cole was living in Las
Vegas. He said he went to a bar off the
Las Vegas strip where, over drinks, he
met 26-year-old Catherine Jo Blum.
Cole said they started back toward his

“+. His next victim was his wife, Diana

1974. On December 4, 1980, police = -

bah Motel.» iS, Stree? #2 ee

«=< said. ‘*] strangled her on the bed. fae eh
«=A year later Cole was sipping whiskey =» -
in a Dallas honky tonk when the urge to

-kill overcame him. The unlucky victim _

* car around midnight when the urge came
“over him to have sex. He said he stran- —
> gled her to death behind a-house, then ~~

dragged her body through several back-
yards to a tree that grew at the mouth of
an alley. He stripped off her clothes and
had vaginal sex with her body, managing C
to climax several times.

_.‘*I remember dragging her through the
grass underneath this tree,’’ he recalled. LE
“T took off her cowboy boots and thea
we did it there. She was pretty well ;
naked. I know she was dead.”’ ... a4

Faye, 36, whom he married in Texas in «=
burst into the couple’s one-bedroom ~ |
~apartment on the 3500 block of 45th
Street in San Diego and found her naked
corpse leaning against the closet door,
The coroner estimated she had been dead 4
~ about a week.. <5 2) So ety
, Cole said he went back to Las Veape :
where in November,. 1979 he. murdered
51-year-old Mer Cushman at the Cae

ae

Kiwe had sex in the Saito Sage

~ was a 51-year-old single woman named © ~
- Marie Cushman. Cole said he took her
back to. her place, strangled her, raped —-
her, then slept and made love toherdead . * ~
corpse for three days. Her decomposing |
corpse was — Mes ie on hier

ber Lith. ©

* “The next day he firangled Wanda
Fixe Roberts and raped her corpse be-
neath a bush on the Bryan Avenue -
parking lot. Two weeks later the string of
murders came to an end when Cole was
found standing over the half naked body
of Sally Thompson, whom he claimed to
have strangled to death.

In a confession made shortly before
his trial, Cole claimed he had probably
murdered 35 women or more since 1971.
Police don’t know if this was an idle — |
boast to get his name in the record books,
or if Cole was actually telling the truth.

The three women he claimed to have
murdered in San Diego, including his
wife, all had high levels of alcohol in
their bodies and had been ruled by the
coroner’s office as having died of natural
causes.

Authorities have ruled out the
possibility that Cole murdered the
women in Wyoming and Oklahoma, as
he claimed he did. And the Dallas medic-
al examiner disputes the claim that Sally
Thompson was murdered, saying the 43-

alcohol-related. <.-% =...

~ 1 One detective oo coranigued the |

* three deaths in San Diego said it was

"possible that the deaths ruled as either

~ accidental or as from natural causes

might actually have been murders that

poyat-sadetected by foe daguty cononers.
doing the autopsies. § ©... ~

y “The worhen had high levels of alco,

- hol in their blood and were. probably

comatose or unconscious when Cole said

_ he killed them,”’ the investigator noted.

“It doesn’t take much to choke to death a -

person in that state and not leave any

. marks. Cole might have just found the -

: “way to commit the perfect murder.”

-Perfect was not the right word, as Cole.

~ wast stand trial forthe murders in Dal-
las and Las Vegas... Ne are cee
Cole didn’t eaten Ure oem ae

went on trial or when. Even. the death

year-old woman’s “death was s probabiy Monee woald aot fe elisibic for parle

stl) fies he had ewes ep Noten beens
bars. =

Cole ‘was (— “with the "verdict :
and told the press that he did not
‘want to spend any more. time. in pris-
on. If he could not receive. treat-
ment at a state mental hospital, then
he preferred to. receive the death
sentence... 22 = %

j file Nevada i naked like le might get

his wish. In early summer, 1984, he ar-

_ rived in Las Vegas to stand trial for the

murders of Catherine Jo Blum and Marie

_ Cushman. Now . plump and 46, Cole

~ sentence hanging over his head didn’t get -

much more than a grunt out of him.

=‘ have been in and out of institiutions

all my life,” he said. “‘I know I’m sick. I
- just can’t help myself. gh Jost, want the
: - killing to stop.” K
> At his trial, which began i in March,
1981 before Dallas Judge John Mead,
, Cole told the jury about his decade long

_ Teign of terror. <=
He said he murdered the Dallas

Sodas wD

women after each of them ‘‘cameon’’ to .

him in bars. He said he was ‘‘repulsed’’
fr arora ere loose mor-
. He killed them, he said, because
“they remind me of my mother. I
“think I kill her through them.” ~

” He said fantasies of strangling women

had sexually aroused him for ‘20 or 25
“ years.”* since he spotted his mother in a
- bar in San Diego with another man and

learned she was a regular patron.

His attorney, Doug Parks, told the
jury that Cole was.a ‘‘mighty sick man
who was a victim of the Texas won bores
ic system.

“Carroll Cole has been ‘aking for
help for twenty years and has yet to re-
ceive it,’’ Parks said. The jury was asked
to return a verdict of innocent by reason
of insanity, so that Colé could receive the
treatment he needed.

Jurors, however,‘ thought Cole was
claiming mental illness to save his
skin—‘‘His argument didn’t sell at all,”’
the jury foreman said. They took just 25
minutes to find him guilty of the first-
degree murders of Dorothy King, Wanda
Fay Roberts and Sally Ann Thompson.

On April 9, 1981 Judge John Mead
sentenced Cole to three life sentences,
which were to run concurrently. This
meant, in real terms, that the honkytonk

* told reporters that he would plead guilty
aie sentrtes-sapatarhe fiir ee
. “‘l believe in capital punishment
and [believe it” 8 aerated in SCAR
he said. Re phd —y <
He pleaded guilty to “the two Las:
Vegas killings on August 17, 1984 be-
fore Judge Al Leavitt. He then requested
a panel of three judges rather than a jury
papery cet sree seat
the trials

&.

BOR DLS AS
ia

bester chance of poting the yh soa

~ence,”” he said.-=.4. +

~ His chances were cut in half when the _
three judge panel ruled on October 11,
1980 that Cole could not receive the
death sentence for the murder of Cather-
ine Blum, because she was murdered in
1977, pefore the state enacted the death .
penalty.

Then, two es her: a Myroa.

hes oe 38

_ Leavitt announced that the three-judge

panel had reached a. verdict. Ushered
into the Clark County courtroom, amid
reporters and spectators, Cole looked up

as Judge Leavitt announced the sentence: >

death, by. chemacal injection st the. state.

Bocte Wis beeen <

Cole burst into a smile and ‘said:
3, judge.” aS BEF ARS EE,

~ He was led back | to the jail cell,
Swhess he waited until his transfer

three. weeks later to Carson City. It «~
that the odyssey of violence ©

Aeterna Stored ghee

ae Tfigue with panel of jadges, ¥ gots:

~ Later that morning Dr. Ernest Simard,
a. well known Monterey county patho-
logist conducted an autopsy at the fun-
eral home to which Mrs. Stein’s body
was eventually removed. He reported
she had been beaten severely about the
head, particularly and the upper body,
and eventually her heart had failed as the
result of the attack.

The pathologist. said the intruder
might have used his fists with which to ~
beat the elderly woman. He said the kil-
ler had also molested her sexually using

. some sort of instrument.

“It was a savage, brutal, senseless
murder,”’ Detective Gunter reflected la-
ter. =

From the relative who had found Mrs.
Stein’s body, the investigators learned
that the elderly woman was almost com-
pletely deaf. Reconstructing the crime
they believed the house had been chosen
at random, probably because it was so
quiet. The burglar, or burglars, had en-
tered the house through the dining room
window, entered the living room, ran-
sacked it and worked his way back, room
by room, to the master bedroom where
he found Mrs. Stein asleep.

Apparently the elderly woman had
then been awakened by the intruder,

‘

struggled hopelessly to defend herself

and her home, and been cruelly mur-
dered and molested in the process.

The hight had been foggy and overcast
and the area, illuminated by a single _

street lamp, was poorly lit, allowing the
intruder to break his way into the house
without fear of interruption.

During the days which followed, De-
tectives Gunter and Enni began the
tedious task of tracking down each clue
and every recollection of any strange fact
by the many witnesses. A description of
the orange Dodge pickup with the black
roll bar was broadcast as was one of the
light colored big sar, possibly z a Lincoln
Continental. *

Information from the Seaside Police
Department revealed that an orange
Dodge with a Black roll bar had been
seen in that coastal Monterey County
city. At the time it was spotted it was
carrying men clad in what appeared to be
United States Army fatigues.

| With the help of military authorities,
the two detectives searched through the
files of nearby Fort Ord, hoping to locate
soldiers who might answer the descrip-
tion of the two men who had visited Mrs.
Stein’s neighbor at 11 p.m. on February
27th, not knowing whether they would

Official Detective 55


as def-at
70-66 15

Former UNR foothall
player shot in face 1

Cancer treatment "ews
sparks flood of cails 1

=no Gazette-Journal

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Nevada slayer’s final meal:
jumbo shrimp, fries, chowder

By Laura Myers/GazetteJournal

CARSON CITY — Condemned serial
killer Carroll Edward ‘‘Eddie’’ Cole spent
his last hours on Nevada’s Death Row
“nervous and feeling claustrophobic’ but
with a resolve to be the first killer exe-
cuted in the state since 1979 — and the
first by lethal injection.

“I have no thought to call it off,’’ he
said in a final interview. ‘I have no plans
of resisting.’’

Cole, 47, spent the day talking to a San
Diego County investigator, watching TV,
writing letters, playing Monopoly, giving
confession, taking communion and ignor-
ing 11th-hour appeals to save his life by
three fellow Death Row inmates.

Cole was scheduled to die at 2 a.m.

Inmates John Olausen, Patrick Cavan-
augh and Tom Wilson appealed Thursday
to the District Court to stay Cole’s execu-
tion. They alleged he was “legally
insane’’ and not competent to decide if he

should die. The court rejected the

appeal.

n a special night session, the Nevada
Supreme Court upheld the lower court’s
findings. The reason was Cole’s wish to
die and ‘‘no showing of Cole’s incom
tency or insanity,’ said Chief Justice
Charles Springer.

Edward Marshall, Cole’s attorney, told
the court he had talked with Cole about 20
minutes before the 9 p.m. high court ses-
sion and Cole said ‘‘he’s ready to go (and)
all systems are go.”

Cole said earlier this week, ‘‘(I’ve)

messed up my life so bad that I just don’t ,

want to go on.
For a last meal, Cole ordered jumbo

fried shrimp, french fries, salad with
french dressing and Boston clam chow-
der. The 165-pound killer skipped lunch.
For breakfast, he ate eggs, bacon, hash
browns, toast and coffee.

‘*He can have whatever he wants,”’ said
Associate Warden Pat Anderson. ‘Last

See LAST, page 9A

Vegas” ‘bar, ‘and. drove her to Sunrise -
Sree a me a

low inmate yt Jotmaen in 1981. At
the time, he was serving a life sentence
for the 1976 murders of two Carson City
girls, Lori Lynn Woodruff, 13, and
Shawn Marie Hofer, 15. Each had been
shot twice in the head.

C Ricky Sechrest, 24. in May 1983, _

Sechrest killed. 10-year-cid Maggie
See NEVADA'S, page 9A


a cae “
\ V OO LA On M,
a ic law ‘ |

NAME: FLANAGAN, SEAN PATRICK DATE OF EXEC.: 1989/06/23 NUMBER: 114
NT/RS: YR: 87 DR #: 25932 METHOD: INJECTION TIME: O209MDT
| SOC. CLASS: ECO. CLASS: EXECUTION SET : NO. :
| RACE: W SEX: M AGE AT EXEC.: 28 DOB:
STATE: NV 2-S: CO: CLARK CITY: LAS VEGAS
HOR: Dowagiac, Mich BOOK/MOVIE:
| L: 2 SPECIAL LIST:
DATE OF CRIME: 1987/10/.. AGE AT CRIME: 26 CATEGORY: LEO:
| DATE OF SENT.: 88/../.. WEAPON: STRANGLED
CRIME: MURDER NO. KILLED: 2 TOTAL KILLED: 2

VICT. CODE: WM45; WM59
CMTS#1: JAMES LEWANDOWSKI (45), befriended him, strangled, dismembered,
put parts in trash bins. pianist ??

KNOWN PREVIOUS CONVICTIONS:

ACCOMPLICE: LAST PRINT: 1989/06/23
SOURCE: AP, 1989/06/23, 0542 IQ LEVEL:
CMTS#2: ALBERT DUGGINS (59), chef ??

—---FLANAGAN WAS A HOMOSEXUAL, WHO HATED HOMOSEXUALS, KILLED HOMOSEXUALS

****GEE AP ARTICLE FOR LAST STATEMENT****WANTED ON TV****SEE TAPE: REPORTERS

DR: LIST: 9512

Attachment:
GARY JOHNSON --Leesburg High School Teacher had him in English (77-78)
wrestler, red head, hot tempered, no sign of homo.

eth, inj., Nev, SP June:23, 1989,,,

FLANAGAN, Sean P., white, 28,
; ¥ o spi inhale ed fo
= a} 3 Some
Nev, Puts to Death Killer id ee Double murderer bSGNG aa
Of Two Homosexual Men g executed in Nevada \\S rae
The Associated Press. *k 7 .—Acon- rt
CARSON CITY, Ney, 4 con- < Pek heed oe _who X oe
fessed double murderer who said s Said he thought he was doing a N ee
he thought he Was doing a service ” service to society when bck Is ~ .
to society when he killed homosex- - 4 homosexual sary Wriday ‘\\ we
ual ‘men was executed by injection by injection early d Sean Oey 5
Friday,#.  .; 5 As five fiance eee Saag \) S Gin
oo on Patrick Flanagan, 28, '
5 five guards strapped Sean 5 serie in the death chamber at | yy ~e :
Patrick: Flanagan, 28, to a gurney in: = 1 the Nevada State epee a NN) X 4
the ‘death ‘chamber at the Nevada. 2 condemned man oe an love |W it.
State Prison, the condemned man: a SO \ prosecutor Dan Seaton, NS ;
“Smiled*and told prosecutor Dan}; = d— you.” Ww |
eaton, <I love you.” , z fat lice
“He has Said it before,” Mr. Sea- sls .
ton saids“‘He means it in terms of 5
Christian love and forgiveness,” S|
“I think he believes he is anes
Christian; but from God's percep- | =
tion, no; the | eputy Clark County 3
district. attorney’ added. ‘Tm sure || «
he’d kill again.” a 6 eae
#ianagan, who spent his last i5|
ours reading the Bible, was de
clared dead eight minutes after the
lethal injection began at 2:01 a.m.
FOS8 SoBe otieg


ee ee a

an oxidizing agent often used in
explosives.

tate Prison Director George Sumner
said Cole should be dead almost immedia-
tely. Those put to death in the gas cham-
ber lived several minutes before dying.

62 executed by gas in Nevada State Prison

CARSON CITY, Nev. (AP) — Carroll
Edward Cole, 47, was scheduled to
become the first person executed by
injection in Nevada early today.

Before him, 32 men were executed by
gas, beginning with Gee Jon, 28, the first

rson in the nation to die in a gas cham-

r.

Here is a list of the executions in the
state prison gas chamber:

1. Gee Jon, 28, convicted of killing Tom

« Quong Kee in Mineral County, executed
Feb. 8, 1924.

"2. Jukich Stanko, 29, convicted of killing

Jennie Medak in White Pine County, exe-

cuted April 6, 1925.

3. Robert H. White, 41, convicted of kill- $

ing Louis Laval in Elko County, execut
June 2, 1930.

4. L. Ceja, 28, convicted of killing Char-
lie Fong in Humboldt County, executed

Sept. 4, 1931.

5. John Hall, 52, convicted of killin
John O’Brien in Clark County, execut
Nov. 28, 1932.

6. Ray Elmer Miller, 56, convicted of
murdering his estranged wife in Clark >

County, executed May 8, 1933.

7. Joseph Behiter, 34, convicted of kill-

ed July 13, 1934.

wre Wwaw VE Seee

drowned a playmate who made fun of his
name. Officials ruled the drowning an
accident.

ing Joe Urrutia in Elko County, executed
Jan. 17, 1939. a

10. Buton Franklin Williamson, 43, con-
victed of killing his wife in Churchill
County, executed Nov. 21, 1939.

11. Wilson Henry Byd, 41, convicted of
ia eth Robinson and his wife in
Elko County, executed May 28, 1940.

12. John A. Kramer, 64, convicted of

killing Frances Collins in White Pine .

County, executed Aug. 28, 1942.

13. Floyd L. McKinney, 34, convicted of
killing Lt. and Mrs. Raymond Fisher in
Churchill County, executed Nov. 27, 1943.

14. Raymond Plunkett, 31, convicted of
killing his son in White Pine County, exe-
cuted June 30, 1944.

15. Floyd Loveless, 17, convicted of kill-
ing an Elko County policeman, executed
Sept. 29, 1944.

16. Albert A. Sala, 35, convicted of an
Elko County murder, executed Aug. 23,
1946. :

17. Paul Maynard Skaug, 36, convicted
of killing Marie Voss in Washoe County,
executed Jan. 10, 1947.

18. David Blackwell, 18, convicted of
killing two Reno police officers, executed
April 22, 1949. |

19. Laszlo Varga, 24, convicted of a
rape-slaying in Elko County, executed

nave the strength of character to over-
come it.”

Beginning in 1971, Cole began a nine-
year murder spree in Nevada, California,
Texas, Oklahoma and Wyoming. He says
he strangled at least five women,

21. James Williams, 32, convicted of
killing a fellow worker in Elko County,
executed Aug. 25, 1950.

22. Theodore William Gregory, 46, con-
victed of killing his estranged wife, exe-
cuted Jan. 29, 1951.

23. C. Butner Owen, 36, convicted of kill-
ing his former wife, executed Feb. 10,
1951. _

24. Gregorio Arellano, 23, convicted of
killing a high school girl in Washoe
County, executed July 24, 1951.

25. Comingo Echeverria, 56, convicted
of killing nurse Elizabeth Catlett in Hum-
boldt County, executed Nov. 13, 1952.

26. Clayton Octave Fouquette, 41, con-
victed of killing Donald Brown in Clark
County, executed April 13; 1953.

27. Ferdinand Bourdlais, 27, convicted
of killing Ward Budzien Sr. in Clark
County, executed April 23, 1954. |

28-29. Leroy L. Linden and Frank
Pedrini, both 35, both convicted of killing‘
Clarence Dodd in Washoe County. Di
together in the state’s only double execu’
tion, July 15, 1954. B,

30. Earl L. Steward, 42, convicted off
killing Thomas Jessen in Elko County, @
executed Feb. 24, 1960. Res

31. Thayne Archibald, 22, convicted of £m
killing Al

é Sylvia Reither in Clark County, exe-

rt Waters in Washoe County, See
executed Aug. 23, 1961. Nore
32. Jesse Bishop, 46, convicted in thé
killing of David Ballard in Clark County,¢
executed Oct. 22, 1979.

. Luther Jones, 33, convicted of killing
four men after an Elko County holdup,
executed Jan. 26, 1937.

9. Domenico Nadal, 47, convicted of kill-

June 7, 1949.

20. Eugene Lee Gambetta, 46, convicted
of killing his former wife in Washoe
County, executed Oct. 18, 1949.

bs daca ade Rime a) PG ta vaso Be avit
APSE clint Gain yk Mee
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. Your guide to
™ _ the marathon

AU: IViICUar uy ISY LoRD THD Sic
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Collecting dolls n

Volume 258 Saturday, Decemus. J. ./7F S_ .
It | | inute for mass killer Cole
OA compulsive killer's horror story. Page A268. “It went faster than I had expected,” said clenched the tip of hig index finger between cution, which he attended six years ago. “It
Edward Marshall, Cole's Las Vegas attorney _his teeth and Stared. looked like his whole body was hit by a two-
By Chris Bowman and one of the 25 spectators. The Rev, Dave Casaleggio, the prison’s Cath- by-four,” Seaton recalled. “It was the most vio-
Bee Sierra Bureau When Warden Harol L. Whitley Jr. gave the olic chaplain, then clasped his hands as he lent reaction I have ever seen,”

CARSON CITY, Nev. — The prosecutor bit 204, a team of three guards hidden behind the looked on from a Separate window at the foot . Cole was sentenced to dle a year ago for the

his fi dth é riesi lench . his hands tiny execution chamber released three deadly of the deathbed. 1979 murder of a Las Vegas woman. As with
Sager and the priest clenche nes 8S drugs through tubes and needies that fed the ~_ Cole's Adam's apple bobbed rapidly as he the other four women he was convicted of kill-
the prisoner began to gasp. Poisons into Cole's bloodstream, first killing kept gasping. Then his head jerked back and ing, Marie Cushman, 51, was strangled after

It was all over in about a minute. his brain, then stopping his breathing and, fi, his chest heaved Convulsively about 10 times. Coje Picked her up at a bar.

Carroll Edward Cole became the first Neva: nally, arresting his heart. The drugs used were His hands openly slightly, The sentence was carried out relatively
da inmate to be executed by lethal Injection. aor identified. Then all movement stopped. A doctor pro- quickly because Cole chose not to fight it,
Cole, 47, confessed killer of as many as 35 peo- Cole, who had been sedated, appeared rela- nounced Cole dead. : “I don’t want to kill anymore, or spend the
ple, was pronounced dead at 2:07 am. Friday. tively calm through the final’ moment. It was the first execution in the West since rest of my life in Prison,” Cole told a Nevada

“It went exactly as we wanted,” George Sum- He closed his eyes and let out a tiny cough, the 1979 gas-chamber execution of Jesse Bish- parole officer last year. “I'm going to do every-
ner, the state's director of Prisons, told report- the first sign that the drugs were taking effect. op in Nevada and the nation’s 50th case of Cap- thing I can to get the death sentence,”
ers gathered within 10 feet of the death cham- Daniel Seaton, the Las Vegas Prosecutor ital punishment since the U.S. Supreme Court Cole's willingness to die Was one factor that

ber to witness the historic execution at the who vigorously argued for the death Penalty _ restored the death penalty in 1976. may explain why less than a dozen People Uaisaaa ‘ “
State’s maximum-security Prison in Carson for Cole, rested his elbow on the guardrail next Seaton said Cole’s execution was certainly ied Press
City. ts to the chamber and leaned forward. He quicker and more palatable than Bishop's exe- See KILL, back page, A28 Carroll Edward Cole ;
: - — ae tom = = +
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SACRAMENTO (SEE

2 killers agree to dates with death in Nevada

‘By Tom Knudson b -/ 7-¢/

-Bee Sierra Bureau

. RENO — Two convicted murderers
awho say they want to die are expected to
get their wish next week on death row at
the Nevada State Prison in Carson City.
Scheduled for execution by lethal in-
jection at 2 a.m. Monday morning is Wil-
jiam Paul Thompson, a 51-year-old drift-
‘er convicted of murdering a transient
fear a railroad overpass in Reno in April

= =r “«

1984. Thompson also pleaded guilty to
murdering two California brothers a
month earlier at a campsite along the
American River calied — appropriately
enough — Murderer’s Bar.

The second inmate scheduled to die —
also by lethal injection — is Sean Patrick
Flanagan, a 28-year-old Michigan native
who confessed to strangling two men in
Las Vegas in 1987 for making homosexu-
al advances toward him. Flanagan’s exe-
cution date is Thursday.

oe /

Both men have a number of legal! ap-
peals available, but have refused to pur-
sue them. “They call this consensual exe-
cution. I call it state-sponsored suicide,”
said Patrick Flanagan, an assistant feder-
al public defender in Reno.,

California authorities said they have no -

qualms about the execution of Thompson,
a Texas native who has spent more than
half of his life in prisons for convictions
on burglary, forgery, armed robbery,
counterfeiting and murder charges.

“The murders here were so senseless,”
said Johnie Smith, an inspector with the
Placer County Sheriff’s Department.
“The guy was — and I hate to use the
term — an animal. But that’s how he was
acting.” cy ee

Since the U.S. Supreme Court restored
the death penalty in 1976, 111 people
have been put to death nationwide. Only
five, however, have been executed in the

See KILLERS, back page, Al6

— Tt


—

~~

A16, The Sacramento Bee Final + Saturday, June 17, 1989 * ¥

~~” ’ yet ae)
rv ' ¢

ie ee
eat BEY !

FROM PAGE ONE

Rie

j

Killers.
Conisnind from page Al

' West — three In Utah and two in Nevada.
« Four of them — including the two in Neva-

da — were consensual. .

- “When you say consensual, that’s the
magic word,” said, Ward Campbell, a Cali-
'. fornia deputy attorney general. “When a
guy throws in the towel, that clears up a lot

of.roadblocks toward the’ execution.”
‘fe’ *NO one has been executed in California
ie Voluntarily jor' involuntarily — since
. 1967, a situation that has caused many Cali-
i ‘fornia law enforcement officials to look
with envy upon the comparatively swift ad-

ministration of justice in Nevada. ;

°° '“In Nevada, they just seem to work like a
“'>*well-oiled machine, There’s no nonsense,”
~'Bald Jack Shelley, the Placer County dis-
'< “trict attorney. “It reminds me of the Wild
‘West, where swift justice was dispensed in

a very judicious manner,” —
‘To illustrate his point, Shelley said that
», just before Thompson was arrested in Reno
*\$n April 1984, Placer County law-enforce-
» ment officials arrested one of his traveling
1e0Mpanions — Robert’ Boyle — in Utah.
Sefathey had Thompson charged, convicted

i~Boyle on a preliminary hearing,” Shelley
Said: - , Vite

wr * yey ka ‘

#34 David F. Sarnowski, a Nevada deputy at-
e«mtorney general, said one reason for his
Zicstaté’s swifter pace of justice is a smaller
».. umber of death-penalty cases. _

«ie “Just by sheer numbers, the California
“Supreme Court has to review about five
fixe times.as many death-penalty cases as the
»: Nevada Supreme Court,” he said.
~ «But he also pointed out: “Both of these in-
#:ydividuals (Thompson and Flanagan) have

- chosén to forgo any appeal. So they haven’t

S ’
ro? ]

ta Wore.

FEN ARENT SPM TE

d sentenced to death before we even had -

played out their string, in terms of litigation
available to them.”

‘If Thompson or Flanagan has any second
thoughts about proceeding with the death
penalty, it will be fairly simple to file an ap-
peal and stay the execution, officials said.

But at a court hearing in Reno on
Wednesday, Thompson was adamant about
his decision. Under questioning from
Washoe District Judge Deborah Agosti, the
prisoner repeatedly said he was not inter-
ested in an appeal.

When Judge Agosti asked if he still
wished to go ahead with the execution,
Thompson replied: “Yes, ma’am, without
any doubt.”

Thompson has not spoken publicly about
his decision. His attorney, David McEIhin-
ney of Reno, did not return phone calls.

But attorney Flanagan said Thompson
told him in a conversation at the Nevada
State Prison June 9 that he wanted to die.

“Mr. Thompson has spent the majority of
his life in prison and has no family left to
speak of,” Flanagan said. “The general drift
of his conversation was that he was very
tired of being in prison and didn’t want to
live in prison anymore.”

Flanagan, who has intervened on behalf
of several other death-row inmates in Ne-
vada, said he is not bothered by Thomp-

.22-caliber pistol.

Thompson fled California with his friend
Boyle. Two weeks later, according to court
documents, Thompson “arrived in Reno
homeless, virtually penniless, ill-clothed
and on the run.” It wasn’t long before he
was in trouble again.

After hearing that Placer County offi-
Cials were in Reno looking for him, Thomp-
son began a calamitous effort to find
enough money to leave town. After stop-
ping at two casinos, a blood bank and a
pawn shop, Thompson ran into Randy
Waldron, a transient camped along the rail-

_ road tracks near the Truckee River.

A short time later, Waldron was dead of
four .22-caliber pistol shots to the head.
Shortly thereafter, Thompson was roaming
through downtown with Waldron’s wallet,
watch and bottle of wine, looking for a car
to steal.

He approached two women with his gun
drawn near the Sands Hotel Casino. One
woman grabbed a tire iron and threw it at
Thompson, shouted, “No way, you SOB!”
and struck him in the chest. Thompson
fled, but was apprehended Shortly thereaf-
ter.

Five months later, a Nevada jury took
only three hours to find Thompson guilty of

son’s decision. “My Philosophy is if he ‘murder dnd sentence-him to death’. i"

wants to die, that’s his business.

to live, that’s mine.”

‘Af he wants.

‘
4
ria

Di ish

+, Although Thompson laté pleaded guilty,

Thompson began his murdérous ‘binge. td the California killings, Placer County of-

March 24, 1984, along the banks of the.

yh
yr
hy
ad

ty

American River near Auburn. Upset be:

cause two brothers — Robert: Pariset’ of”:
Fair Oaks and John Pariset of Placervillé -
— were riding their motorcycles too close’

to him, Thompson shot both
head several times at close range with a

en in the: :

ficlals Were not upset to

als \ see him tried in

"Knowing California the. way we did, we ©

figured: hée’d-get' the death penalty more
‘quickly over ‘there

than he would here,”

', Said Smith. “It’s swift and sure punishment’
over there.”


REGEN ig we Oye gi Tonks he 5 Meena Yee
pee Ae Bi Tete SE fg 8S OME Sects Teg :

Flanagan to follow
Thompson into state
prison death chamber

By Martha Miiler/GazetteJournal

Sean Patrick Flanagan is scheduled to
die in Nevada’s death chamber Friday
morning by lethal injection, four days
after the state took the life of multiple
murderer William Paul Thompson.

If no last-minute appeals are filed,
Flanagan, 28, will be the fourth person put

coe Saae

Tuesday, June 20, 1989
Reno Gazette-Journal

Another Nevada

a pes SZ

to death in Nevada since executions
resumed 12 years ago.

The third was Thompson, executed
early Monday for the 1984 murder of
Randy Waldron, a Reno transient.

Flanagan is scheduled to die at 2 a.m.
Friday. A native of Dowagiac, Mich.,
Flanagan was sentenced to death last
year for the Las Vegas murders of chef
Albert Duggins and pianist James Lewan-
dowski in October 1987.

Flanagan was arrested for jaywalking
Oct.-13, 1988 in Orange County, Calif. A
police officer ran a records check on him
and found two outstanding warrants, both
misdemeanors.

execution set for Friday

On the way to the county jail, Flanagan
voluntarily told an officer that he had
killed two people in Las Vegas. According
to records, Flanagan explained that he
strangled Lewandowski Oct. 6 in his
motel room after Lewandowski allegedly
made homosexual advances.

Later that evening and early the next
day, Flanagan dismembered Lewan-
dowski’s body, put the body parts in plas-
tic bags and tossed them into a dumpster
bee an apartment complex near his
motel.

Fianagan also confessed to the death of

Albert Duggins, who he said made homo-
sexual advances towards him.
According to prison records, -Duggins

SS se Ge Se

ie Tig Fo aN

picked Flanagan up while walking. Flan-
agan then strangled Duggins and took his
body to a desert area, removed the
clothes and wallet and hid the body. Then
he drove to Orange County, where he
abandoned the car.

Duggins’ body was found when Fiana-
gan later took police to the place it was
buried. Lewandowski’s body was never
recovered.

Flanagan, who acted as his own lawyer
in both cases, had asked for the death
penalty in both cases. But he later
changed his mind after the first death

See NEVADA, back page


euunor-ayezey ouey

V6—686l ‘Oz eunr ‘Aepseny

Nevada execution

From page 1A
sentence was handed down for the killing of Dug-
gins.

He said during a hearing on the Lewandowski
murder that he had found God and had started to
worry about whether he would go to heaven or hell.

The only appeal Flanagan made was to the state
Supreme Court, a move required by law whenever a
death sentence is handed down. Flanagan said he
had not waived his rights to appeal the two death
sentences, but the Supreme Court said it was con-
vinced he made a valid waiver.

The court said Flanagan, repeatedly asserted that ©

he wished to forgo his appeals and that the state
carry out the death pehalty.

As with the Thompson execution, assistant federal
defender Patrick Flanagan said a petition has been

prepared should the death-row inmate decide he.

wants to try for a stay. It is uncertain whether he
will file a last-minute petition, but the defense law-
yer said it was unlikely. No reviews by the Nevada
Pardons Board or state Supreme Court are
planned.

“At this point it doesn’t appear that he is contem-
> fl a stay of his execution,” Patrick Flanagan
said.

But Richard Siegel, of the American Civil Liber-
ties Union, said Flanagan’s no-appeal posture didn’t
seem as stiff as Thompson’s.

“WE FEEL it is not as certain as it was in the
Thompson case,”’ Siegel said.

Flanagan has turned down several requests to be
interviewed, but will talk today with a Las Vegas
minister and a writer.

Thompson had admitted to killing six people. He
also had been sentenced to 25 years to life for the
murder of two men in California.

Hours before his death on Monday, Thompson was
removed from the cell he shared with Flanagan and

' given time to himself in a private cell. No visitors

were allowed except for the prison director and
Thompson’s minister. a

He was led to the death chamber and strapped
onto a table. Tubes led into the chamber from a
room where three chemicals were prepared for
injection into his body to end his life. One attacked
his central nervous system, another his heart and
the last one stopped his lungs.

His eyes were closed and at one point, he thrust his
head back and opened his eyes wide. Then his head
rested on his chest.

He was pronounced dead at 2:09 a.m.

A handful of spectators outside the Nevada State
Prison said they were sad to hear of Thompson’s
death. Betty Chichos and her two sons drove in from
Placerville, Calif. She was a friend of Thompson’s
and said she first heard about the execution five
hours before it happened by reading a newspaper.

“TI want to take his body home. He’s still human.
He still needs a burial. He’s still my friend,”’ she said
with tears in her eyes.

ae 2 Reno Garetbe a

sour

Execution set /-23-£1

: From page 1A

~ “Flanagan admitted killing James Lewandowski

and Albert Duggins in October 1987. He made the

confession after he was picked up by police for jay-

walking in Orange, Calif. Officers ran a records
‘check ‘and arrested him on a warrant for non-pay-
“ment of child support.:

On the way to the jail, Flanagan told police he
committed two murders in Las Vegas.

In-an‘interview Wednesday with the Associated’

Press, ' Seaman gr aplogized to the families of the vic-
tims. He-said his death was a way to pay society
back for his crimes. =

“Every man who has committed a crime of mur-
der knows deep down inside he should die for taking
another man’s life,” Flanagan said. ‘“These men
have no right to life.”

-IN ITS PETITION, the ACLU asked for a delay in
the execution so it could have more time to file legal
motions to have Flanagan’s death sentence com-

‘muted to life imprisonment without parole.

Richard Siegel of the ACLU said the Flanagan

| ‘case was an exaggerated example of 2 rush to judg-
ment. Flanagan represented himself in both cases,

waiving all hearings and pleading guilty before a
three-judge panel that sentenced him to death.

“This is the lowest form of due process,” he said.
“It would make any defense attorney salivate.”

oe A ed

~—-- woe

Execution set for today

CARSON CITY, Nev. — Gov. Bob
Miller refused Thursday to halt the
scheduled predawn execution today
of a confessed double murderer who
thought he could do “some good for
our society” by killing homosexuals.

Miller rejected a petition filed by
the American Civil Liberties. Union
of Nevada to halt the execution of
Sean Patrick Flanagan so that a par-
don could be sought from the Neva-
da Pardons Board.

’ The governor said that despite the
ACLU contention that he could issue
a temporary reprieve, a 1944 attor-
ney general’s opinion in another cap-
ital case holds that he can’t.

And Miller said that even if he

could grant a reprieve, he wouldn’t .

intervene “in the lawful judicial pro-
cess.” —

Flanagan said Wednesday he. §

would not pursue appeals that could
prevent his execution.. ae ee 2
Flanagan would be the fourth per-
son put to death in Nevada and the
114th nationally since the 1976 U.S.
Supreme Court ruling allowing states
to resume use of the death penalty.
His scheduled execution follows

- the execution Monday in Nevada of

multiple murderer William “Bud”
Thompson, for the gunshot slaying of
transient Randy Waldron in Reno.

— Bee news services

A20 The Sacramento Bee Final + Friday, June 23, 1989 # *

ROTI.

' NATIANAL DIGEST


eC CEN GIN NES AR IAB dh tn

Ca

Condemned killer: Obey

‘Nevada inmate set
for Friday execution

By Martha saleibanianazons -

Sean Patrick Flanagan says it’s God’ s
will that he die a murderer’s death on Fri-

day.
RTE scheduled for a 2 a.m. execu-"

tion at the Nevada State Prison, told the
Nevada Supreme Court in a November
letter that God had forgiven him for all
a — yet still required the execution of

y.
“Since the death penalty is proper pun-

i

uhenialk: I will ail take part i in | perverting
justice, ” he said.

“Please obey God” and put ‘me to
death.”

Flanagan was sentenced to die last year
for the murders of two Las Vegas men.
He strangled both victims in October 1987,
claiming they made homosexual
advances toward him. He dismembered
one body in a motel room.

If no appeals are filed, the 28-year-old
Flanagan would be the second person
executed in the state this week and the
fourth since 1977, when Nevada reinstated
the death pany 8 His execution date
comes only four days after the state killed
William Paul Thompson. Thompson was

ce casiaal

executed by lethal i injec-
tion for the 1984 murder
of Reno transient Randy
Waldron.

Flanagan stili has sev-
eral ways to try to
appeal his death sen-
tence, but officials at the
prison said that appears
unlikely.

“‘T have no reason to
believe it won’t happen,” Jessie Walsh,
associate warden, said. ‘‘There’s every
indication from him that this is his
intent.”

In an interview with.the Associated
Press, Flanagan said he wanted to tell the

1 God — ia yi to ‘death

families of his setiian “pm: sorry for the
horrible burdens‘I’ve put in their lives. I
hope they’ll understand my execution is

. proper and just.”

Flana “yor aise said his family has
accepted his decision not to appeal his
sentence, and some of the family has been
with him in his “last night” cell praying,
singing and reading the Bible.

Since“his arrest, Flanagan has flip-
flopped on wanting to die, both times in
the name of God. After receiving his first
death sentence in January 1988, he told a
panel of judges in Las Vegas that he had
found God and no longer wanted te die.

See CONDEMNED, page 9A
se

‘ “but denied.) * °°";

‘Condemned |

eal was filed,

Then in November, he wrote the

‘state Supreme Court: and ‘said he

ant

had changed his mind and wanted |

‘to die. He said some well-meaning
‘Christians had told him the death
»penalty was wrong, but he later
studied the Bible and learned that

"

apartment complex near, his
motel Ye at

1

Flanagan also.confessed to mur-; :B.
“dering Las Vegas musician Alberti: 9)
--‘Dhggins. He toldpoliceytiigt at'9* Fr
‘p.m: Oct..10, four.days'after kill-”

ing Lewandowski; he was hitch-'

hiking on Sahara Avenue in Las.. §

Vegas and Duggins pulled up in a,
gold Chrysler LeBaron. He invited’

. Flanagan for drinks at the Sahara

the death penalty was the proper.”

punishment.

Flanagan confessed to killing
James Lewandowski and ‘Albert
Duggins after being picked up
Oct. 13, 1987, in Orange, Calif., for
jaywalking. He was arrested after
a police officer ran a records
.check on him and discovered a
warrant for his arrest for non-pay-
‘ment of child support.

On the way to jail, Flanagan
told the officer he wanted to talk
to a detective about two murders
.he committed in Las Vegas. He
also.told sca he had burglar-
ized a bowling alley in Michigan.

Flanagan first met James
Lewandowski in September 1987.
‘ Lewandowski, a tall man with a
round face, worked as a cook in

Hotel and Flanagan accepted Hew. |

told police he knew within 20
minutes that he was going to kill

-“Duggins because he thought he .

was homosexual,

The two men stayed at the hotel
for several hours and then went to
Duggins’ apartment complex,
where they talked by the pool. At
about 3 a.m., Flanagan asked:
Duggins to take him back to the
Sahara Hotel. When Duggins was
ready to start the car, Flanagan
said he told Duggins ‘‘was going to
die because he was a faggot.”

He then grabbed Duggins and .
strangled him. He drove to a
remote desert area, took Duggins’
clothing and wallet and left the
body in a vacant lot:covered with

lywood and sagebrush. Flanagan,

‘the pantry of the Gold Coast hotel. @¢Jater directed Las Vegas police to

. “casino. He had moved ‘to.Las*’

Vegas in June 1973 from Buffalo,
N.Y

Flanagan told authorities the 45-:
bie Lewandowski :made
omosexual advances toward him

and that’he planned to kill him ,
when the two met Oct. 5 at Foxy’s .

Casino. Steve Jalonen, who was

living with Lewandowski at the.

time, said in an interview Wednes-
ee that Lewandowski was bisex-
ual. . .

%

“He was bisexual and I’m not,

but he never imposed it on me,” .

Jalonen said. “It doesn’t matter
what you are.” —

Donald Heesch, a longtime
friend of Lewandowski’s, said
Flanagan was having money and

‘job troubles and. Lewandowski
was trying to help him out. Heesch
. said that when Lewandowski died,
he was helping Flanagan look for
aplacetolive. “*  *

“‘He always did for others and if
he had to go without, he would,”’
Heesch said. ‘‘He was like a
brother to me.”

According to court records,
Flanagan met Lewandowski at the
casino, then lured him back to his
motel room. Sometime between 4
a.m. and 6 a.m. on Oct. 6, the men
were sitting on the bed and Flana-
gan lunged for Lewandowski, put
him in a head lock, and strangled
him.

Flanagan released him several
minutes later. Although uncon-
scious, his heart was still beating.
So Flanagan said he punched
Lewandowski in the throat, rolled
his body off the bed and put a mat-
tress on top of him.

Later that day, Flanagan left
his motel room and bought a knife
and garbage bags. He then dis-
membered Lewandowski and
placed the parts in bags and depo-

: Keno GA

Ate body. | GGG o ih, stain inca one
Flanagan, a native of Powagiac, —_

Mich., acted as his own lawyer
during hearings on both murders.
During the hearing on Lewan-
dowski’s death, Flanagan said
that before he came to Las Vegas,
he stole $2,150 from a bowling
alley in Michigan where he used to
work. When he got to Las, Vegas,
he said he lost most of the money
gambling and then engaged in

homosexual acts to try.to earn it.

back.” :

Two days after Flanagan was ~

sentenced to death for killing Dug-
gins, he contacted Janalee Hoff-
man. Hoffman and her husband,
Gary, run a prison ministry out of
Las Vegas and publish a Christian
magazine of articles written by
death row inmates.)

Gary Hoffman said Flanagan
was a devoted Christian inside the
prison and often tried to convert
others. ;

‘“‘He was on fire, ’’ he said. “‘He
would witness to anyone.”

Hoffman said Flanagan studies
his Bible daily and was very
devout about his feelings toward
God. He has written some Chris-
tian articles and recorded some of
his este on tapes that Hoff-
man said he would someday like
to publish.

Flanagan allowed a TV crew
from the Fox network to interview
him Wednesday for it’s show ‘‘The
Reporters.’’ The show will air
sometime in July.

Hoffman said Flanagan's
mother and sister were in town to
say goodbye. He talked to Flana-
gan two days ago.on the telephone
and seemed to have made up his
mind about dying.

“He knew what he was doing. I
think he has made peace with
himself.”

Thursdey ‘5 -22-£7

I i

sited them in dumpsters behind an _ a

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@ se :
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Te

Fs
By Martha Miller/GazetteJourna!

Sean Patrick Flanagan, 28, was sche-
duled for execution early this morning at
the Nevada State Prison after an 1ith
hour attempt by the ACLU to stop his
death failed.

Flanagan, who confessed to killing two
Las Vegas men he said made homosexual
advances toward him, has pleaded to be
executed.

The American Civil Liberties Union's
attempt to halt the execution —- filed in a
petition at 2 p.m. — was rejected when
Gov. Bob Miller said he didn’t have the
legal authority. The.60-day period during
which he may grani a reprieve had long
passed; Miller said. _

“Tam not going to intervene in the law-
ful judicial process that has determined
Mr. Flanagan's fate,” Miller said.

John Pearcy, spokesman for the prison,

said an ACLU represen-
tative also called the
prison about 4 p.m. to
give Flanagan a law-
yer’s name and tele-
phone number. He
refused to take them,
Pearcy said.

Flanagan spent most
of his last day with his
father, mother and sis-
ter, Pearcy said. The
warden extended visiting hours so the
family could stay with Flanagan until 6
p.m. Then he was offered the regular
meal of the day in his last-night celi 13
feet from the death chamber.

The only request Flanagan made for
his last meal was a Pepsi. He asked that
he be left aione with his Bible.

After 6 p.m., no visitors were allowed

- Three plate

ACLU fails in late attempt to halt plan

“i

ned execution ‘Ss

into Fianagan’s body in rapid succession. ™M 7

except the warden, the prison director
and Flanagan’s spiritual advisor, prison
Chaplain Al Fry. Pearcy said Fry would
Stay with Flanagan until he went to the
death chamber.

Flanagan had access to a telephone
inside his cell in case he changed his mind
and wanted to seek an appeal.

At about 2 a.m., Flanagan, in chains,
was scheduled to be escorted to the death
chamber, where a heavy wooden table
had been equipped with several restraints
resembling seat belts.
lass windows offered a
view into the chamber. Through them,
official witnesses and news reporters can
watch the execution. The state requires
that at least six people witness the execu-
tion. eae:

Tubes lead into the chamber from an
adjoining room, where three anonymous
volunteers were to inject three chemicals

The first drug attacks his nervous system
and almost immediately puts him into a
coma. The second drug stops his heart
and the last one stops his lungs.

The three members of the execution
team do not have medical backgrounds. A
doctor was to be present, as required by
state law, but he would not participate in
the execution.

An electronic monitor was to be used to
determine when Flanagan died.

One of the witnesses was to be Dan Sea-
ton, a lawyer in Clark County who prose-
cuted Flanagan. It would be the third exe-
cution Seaton has witnessed.

“If T have the courage to stand up ina
court and ask for the death penalty, then I
ought to have the courage to stand there
and watch it happen,” he said.

i
\3
>
Ne
t

See EXECUTION, back page

416 ~=«ONeev.

[22] When a killing is done in the per-
petration or attempt to perpetrate robbery,
or any other of the enumerated felonies, it
is not essential for the state to prove that
it was willful, deliberate, and premeditated.
State v. Sala, 63 Nev. 270, 284, 169 P.2d 524.

Appellant, acting under the assumption
that he secured possession of the money at
the service station, at least thirty minutes
before he killed the attendant at a distant
point, argues that the killing was committed
after the robbery and not in its perpetration.

[23] If, in fact, possession of the money
was obtained by appellant at the service
station, when he held up the attendant at
the point of a gun, appellant then committed
the crime of robbery so far as to render
himself liable to punishment for it. State v.
Brown, 7 Or. 186, 209; State v. Turco, 99
N.J.L. 96, 122 A. 844, 846; State v. Mes-
sino, 325 Mo. 743, 30 S.W.2d 750, 729.

But the robbery in contemplation of law
was not completed so far as the subsequent
killing was concerned until appellant had
secured complete control of the property
taken from the victim. State v. Brown,
supra, 7 Or. 186, 209; State v. Turco,
supra, 99 N.J.L. 96, 122 A. 844, 845-847;
State v. Messino, supra, 325 Mo. 743, 30
S.W.2d 750, 759.

[24] Robbery, unlike burglary, is not
confined to a fixed locus, but is frequently
spread over considerable distance and vary-
ing periods of time. People v. Boss, 210
Cal. 245, 290 P. 881, 883; People v. Raucho,
8 Cal.App.2d 655, 47 P.2d 1108, 1112; Peo-
ple v. Kristy, 4 Cal.2d 504, 50 P.2d 798, 800,
certiorari denied 297 U.S. 712, 56 S.Ct.593,
80 L.Ed. 998; People v. Nixon, 33 ‘Cal.2d
688, 203 P.2d 748, 751.

[25] Robbery, a combination of the
crime of assault with that of larceny, in-
cludes, as docs larceny, the element of
asportation, and this taking away is a
transaction which continues as the perpe-
trator departs from the place where the
property was seized. People v. Raucho,
supra, 8 Cal-App.2d 655, 47 P.2d 1108, 1112;
People v. Melendrez, 25 Cal.App.2d 490, 77
P.2d 870, 872; People v. Wallace, 36 Cal.
App.2d 1, 97 P.2d 256, 298.

921 PACIFIC REPORTER, 2d SERIES

[26] The “perpetration” of the crime of
robbery is not completed the moment the
stolen property is in the possession of the
robber. People v. Wallace, supra, 36 Cal.
App.2d 1, 97 P.2d 256, 257; People v. Per-
hab, 92 Cal.App.2d 430, 206 P.2d 1133, 1135,
1137; People v. Melendrez, supra, 25 Cal.
App.2d 490, 77 P.2d 870, 872; People v.
Raucho, supra, 8 Cal.App.2d 655, 47 P.Ze
1108, 1112. .

The escape of the robber with his ill-got-
ten gains by means of arms is as important
to the execution of the robbery: as gaining
possession of the property. People v.
Wallace, supra, 36 Cal.App.2d 1, 97 P.2d
256, 257; People v. Perhab, supra, 92 Cal.
App.2d 430, 206 P.2d 1133, 1135, 1137; Peo-
ple v. Melendrez, supra, 25 Cal.App.2d 490,
77 P.2d 870, 872. People v. Nixon, supra,
33 Cal.2d 688, 203 P.2d 748, 751. See, also,
People v. Boss, supra, 210 Cal. 245, 290 P.
881, 883.

[27] Acts of taking victim of robbery
from scene of crime in automobile for pur-
pose of removing him to a place where he
could less easily raise an alarm and summon
aid, are committed in the perpetration of
the robbery. People v. Raucho, supra, 8
Cal.App.2d 655, 47 P.2d 1108, 1112; People
vy. Kristy, supra, 4 Cal.2d 504, 50. P.2d ,798,
799-800, certiorari denied 297 U.S. 712, 56
S.Ct. 593, 80 L.Ed. 998; People v. Bean,
88 Cal.App.2d 34, 198 P.2d 379, 382-383.
See, also, State v. Williams, 28 Nev. 395,
407, 82 P. 353.

In State v. Williams, supra, the homicide
occurred at least two minutes after the rob-
bery at another place approximately two
miles distant. 28 Nev. 395, 396, 82 P. 353.
In holding that the homicide was committed
in the perpetration of the robbery, this
court said: '

“Tt occurred as part of a continuous as-
sault, lasting from the robbery to the shoot-
ing, and apparently was done for the pur-
pose of preventing detection. The court
properly instructed the jury that under the
statute all murder committed in the perpe-
tration of robbery is of the first degree.”

[28] When the homicide is within the

res gestae of the initial crime, and is an
emanation thereof, it is committed in the


e.

raed

ROR MR BI Pow Ni

STATE v. FOUQUETTE

Nev. 413

Cite as 221 P.2d 404

fitst by the defendant, and then by the
state, and each party must exhaust all his
challenges before the other begins.” Sec.
10954, N.C.L.1929.

' Similar rulings have been repeatedly sus-
tained by the courts of California, the state
from which our statute was adopted.
People v. Stonecifer, 6 Cal. 405, 409; Pco-
ple v. Collins, 105 Cal. 504, 39 P. 16, 18;
People v. Lesse, 52 Cal.App. 280, 199 P.
46, 48; People v. Spraic, 87 ‘Cal.App. 724,
262 P. 795, 797.

[14] Moreover, where no prejudice re-
sults, error in limiting the examination of
prospective jurors is not ground for re-
versal. People v. Coen, 205 Cal. 596, 271
P. 1074, 1077; People v. Jefferson, 84 Cal.
App.2d 709, 191 P.2d 487, 489; State v.
Lippard, 223 N.C, 167, 25 S.E.2d 594, 597,
certiorari denied 320 U.S. 749, 64 S.Ct. 52,
88 L.Ed. 445; State v. Grambo, 82 Ohio
‘App. 473, 75 N.E.2d 826, 827; 24 es OA
Criminal Law, page 886, § 1900, note 56.

Except for some general statements not
supported by the record, appellant has
wholly failed to show how or in what man-
ner he was prejudiced by said rulings. The
record discloses that out of twenty-seven
persons subsequently examined for regular
jurors, seventeen were passed for cause and
ten were challenged by appellant; that nine
of said challenges were allowed by the court
and the prospective jurors excused; and
that only one of said challenges was dis-
allowed by the court, whereupon appellant’s
counsel was expressly asked if he had any
other challenges and if he wished to ex-
amine further on the other grounds, to
which he replied: “No, I don’t think so.”
Later this juror was peremptorily chal-
lenged by appellant and excused. It no-
where appears that appellant’s counsel ever
requested that he be permitted to further
examine any juror after concluding his
direct examination. Thus, it is clear that
appellant was not prejudiced by said rul-
ings.

Appellant next contends that the court
erred in admitting in evidence certain things
marked as exhibits, namely, a watch, a
bank bag, a bag, two pieces of blood stained
matting, and a small piece of bone. .

_ [15] The watch was identified by the
father of deceased as one which had be-
longed to the deceased; by a Las Vegas
jeweler as one which he had previously re-
paired for the deceased; and by a Las
Vegas motel operator as onc which was
pawned to him by the appellant on the day
following the homicide. The appellant ad-
mitted having had possession of the watch
and of “hocking” it to the motel operator,

[16] The bank bag was identified by the
manager of the service station where de-
ceased was employed, as the bag in use for
the handling of monies received at said sta-
tion, and by Roy Foster, who testified that
he found it approximately a week after the
finding of deceased’s body, about two and
one half feet off the highway between the
said service station and the location where
the body of deceased was found. Appellant
testified that the money he took from de-
ceased was contained in a bag, which he
threw away.

[17] The other bag was identified by
the operator of the motel as having been
found by her the morning following appel-
lant’s arrest, under one of the beds in the
motel room occupied by appellant the pre-
vious night. At the time of its discovery,
it contained the gun admitted in evidence
and some miscellaneous articles not ad-
mitted. Appellants’ testimony showed that
the deceased was killed with the gun found
in the bag.

[18] The two pieces of blood stained
matting and the small piece of bone were
identified by a deputy sheriff as having been
taken from appellant’s car shortly after his
arrest, and the F. B. I. technician testified
that the stains on the matting and on the
bone were made by human blood. The phy-
sician who examined the body of deceased
testified that deceased’s skull was shattered
by the bullet, and that a small piece of the
skull was missing. Appellant’s testimony
showed that the car from which the matting
and the bone were taken was the car used
by him at the time of the killing.

Aside from the bag found under the bed,
all of these exhibits were clearly admis-
sible; and the admission of the bag, even
if erroneous, could not have resulted in any

sieve,

at

PACT A


Sa a a
» are lee ate

414 Nev. 221 PACIFIC REPORTER, 2d SERIES

possible prejudice to appellant. State v. replied: “That is unfounded and I am

Gee Jon, 46 Nev. 418, 429-430, 211 P. 676, sorry.”

217 P. 587, 30 A.L.R. 1443. The evidence shows that appellant, in
Appellant next contends that the court company with the girl, referred to in the

erred in refusing to instruct the jury to testimony, whom he met in a barroom in
acquit.the defendant. ~> San Bernardino, on August 17, 1948, reg-

This assignment is so devoid of merit that istered at a motel in Boulder City, on Au-
it requires no consideration. gust 19th, the day of the murder, and in

Las Vegas, on August 20th, the day before
1 at th : ds ;
[19] Appellant Rem contends that : © he returned to San Bernardino: with the
ccurt erred in refusing to declare a mistrial. |;
peat girl, where he left her. How appellant can
This contention is predicated upon the how complain of the testimony to which
denial of appellant’s motion to declare a he refers is not plain.
mistrial, made after the completion of his Besid ' did
cross-examination, because of a question ; _ caeiam ant , not request that
asked appellant during said cross-examina- ne. gery... UE SASEERELE sae disregard the
testimony of other crimes. If, in fact he

_ tion and his answer thereto, as follows: : :
“Q, You had been writing bad checks believed that the jury should have been so
dais? » instructed, it was his right and his duty to

too, y : have prepared such an instruction and asked
“A. Yes, I did.” the court to give it. State v. Smith, 10 Nev.

As no objection was made to the admis- 106, 122; State v. Simas, supra, 25 Nev.
sion of this evidence, its admissibility will 432, 447, 62 P. 242; State v. Thompson,
not now be considered. State v. Lawrence, dissenting opinion, 31 Nev. 209, 225-226,
28 Nev. 440, 449, 82 P. 614; State v. Man- 101 P. 557; State v. Acosta, 49 Nev. 184,
_gana, 33 Nev. 511, 522, 112 P. 693; State v. 192, 242 P. 316.

Clarke, 48 Nev. 134, 140, 228 P. 582, 583; ; .
[21] Not having done so, appellant is

State v. Jukich, 49 Nev. 217, 236, 242 P. . fag :
: in no position to complain, for it is well .

se settled that the omission of the court to
[20] Appellant next contends that the instruct the jury of its own motion, upon
court erred in not instructing the jury, of its any given point is not error. State v. Mc-
own motion, to disregard the testimony of Lane, 15 Nev. 345, 367; State v. Hing, 16
other: crimes. Nev. 307, 311; State v. Thompson, supra,
The testimony to which this assignment dissenting opinion, 31 Nev. 209, 225-226,
has reference, is the one question asked 101 P. 557; sce, also, State v. Mangana,
appellant by the prosecution about writing supra, 33 Nev. 511, 522, 112 P. 693.
bad checks, which was asked and answered Appellant next contends shat the. codrt
without objection, after appellant had in- . scved in giving instructions’ 16, 18 20. 21
troduced an exhibit in which the facts o44 24, datas
regarding such checks were fully covered;
and to the voluntary statement by one of the
witnesses, who, in referring to what appel-
lant had told him about bringing the girl

from and returning her to San Bernardino,
and claiming not to know her name or what required for the full execution of the rob-

she looked like, added “‘in spite of the fact bery. To constitute a murder during the
that he slept with her.’. Upon objection, commission of robbery, the murder may oc-
and request that the witness be instructed to cur cither before or after the money or
offer no comments of that kind, the court other loot is actually taken from the pos-
immediately admonished the witness to be session or presence of the victim, but it must
careful of his remarks, and not to volunteer occur during the time the robbery is being

what he didn’t know, to which the witness executed.

Instruction No. 16 reads as follows:

“A murder is committed in the perpetra-
tion of robbery when it is committed by
the accused while he is engaged in any act

not
atte
atte
mol
ricd
that
the |
leav
dro\
leas:
they
in h
walk
town
stop]
lettis
then
right
belic
the ;
that
“acci
excit:

did 1

STATE v. FOUQUETTE Nev." 415
Cite as 221 P.2d 404

“The duration of the execution of the
robbery is not necessarily confined to a
fixed moment or a particular place, but may
extend over a considerable time or a wide
area. The robbery begins the moment the
robber by force or violence, or threat of
force or violence, places the victim under
his fearful domination in an effort to ob-
tain the money or property of the victim.
It continues all during the actual taking of
the loot by the robber. Furthermore, the
robbery continues so long as the victim is
subjected to the force or violence or threat
of force or violence originally applied.”

To ascertain whether this instruction
correctly states the law, or, if not, whether
it was prejudicial to appellant, it is neces-
sary to determine whether the murdtr was
committed in the perpetration of a robbery.

Appellant testified that on August 19,
1948, he held up Donald Brown, a service
station attendant, as the latter was closing
the station for the night, at the point of a
gun which he had taken from the residence
of an acquaintance in California; that he
does not know how much money he took
from the attendant; that he imagines it
was around $50.00 or $60.00; that he does
not believe he took the money from the
attendant right then; that he compelled the
attendant to accompany him in his auto-
mobile; that he believes the attendant car-
ried the bag of moncy in the car himself;
that he drove for some time, up and down
the highway, looking for a lonesome spot to
“Jeave the attendant; that he judges that he
drove around with the attendant for at
least a half hour—he does not know; that
they reached a point, a sufficient distance
in his opinion to compel the attendant to
walk. back, and thus enable him to leave
town without being apprehended, when he
stopped the automobile for the purpose of
letting out the attendant; that the gun was
then lying on the seat between or was in his
right hand, or his hand was over it; that he
believes the attendant either tried to grab
the gun from him or to overpower him;
that the gun was in his hand and that he
“accidentally, either in the tension or the
excitement, pulled the trigger”; that he
did not intend to kill the attendant; that

he dragged the body some distance from
the side of the road, and left it and drove
away; that he does not remember taking
the attendant’s watch from him; that it
might have been during transit; that he
remembers hocking this watch the follow-
ing day; that he does not remember when
he took the money out of the bag, whether
before or after he shot the attendant; that
he believes he remembers throwing the bag
away. 7

By other evidence, it was established that
the personal property taken from the serv-
ice station, consisted of $91.35, and a bag
regularly used in which to place the money
in the cash box when closing the station
for the night; that the body of the attend-
ant was discovered on the morning of Au-
gust 22, 1948, almost wholly concealed be-
hind some brush, forty-six feet to the right
of the pavement on the Boulder City-Las
Vegas highway, approximately four miles
from the scene of the holdup; that the
deceased had been shot in the head, the
bullet having made its entry two inches to
the rear of the corner of the right eye and

its exit about one inch to the rear of the —

lobe of the left ear; that death was caused
by the bullet wound; that no gun was found
in the vicinity of the body; that the de-
ceased’s wallet, containing three one dollar
bills, was found eighteen feet distant from
the body, between the body and the high-
way.

Robbery is defined by statute as follows:
“Robbery is the unlawful taking of personal
property from the person of.another, or in
his presence, against his will, by means of
force or violence or fear of injury, im-

‘mediate or future, to his person or property,

or the person or property of a member of
his family, or of anyone in his company at
the time of the robbery.” Sec. 10109, N.C.
L.1929,

So far as applicable to this case, our
statute provides: “All murder * * *
which shall be committed in the perpetra-
tion, or attempt to perpetrate, any arson,
rape, robbery, or burglary, * * * shall
be deemed murder of the first degree.” Sec.
10068, N.C.L.1943-1949 Supplement.

Soren

ae i a mn
a aR a

came AS mp ae
ne

Seen poe Oe

HDS

32

See ee


t Terror

from page 31)

und on Friday. He
the pawnbdroker that he
led some “whisky moncy.
r to get a clear picture
if Jones summed up for
bbably is an alcoholic and
That explains why he
Thursday night and then
ater. As for the blonde
n, she may have been
wn while he pulled the

ems so desperate for cash
y that he didn’t engineer
re he took off Saturday,
d.
sain,” declared Under-
ast. “I’m certain. of it.
reement to the grim pre-
‘new instructions. “Ad-
and points between that
tively known to be headed
he told Stewart. “And

that he may be with a,

opment came from Hen-
ose to the murder scene,
und the money bag taken
on. It had been slit open
in the desert.
he following day, the case
into California when Red-
£ C. O. Peterson phoned
rvice station operator had
city by a man answering
Brown’s slayer. The vic-
Sidre~ Young, had been
liber The murderer,
cing in a black Ford
of $2ZUU. ;
nad te was fairly certain
female companion was a
a 28-year-old blonde who
n Bernardino police char-
not thought to be involved
slaying, but had been seen
suspect. Peterson assured
t he was making every ef-
woman on the chance that
e the identity of the red-

edlands chief warned that
ng had last been seen driv.
ion of the Nevada highway!
our man is heading back
at a little more gambling,
Isis deputies after relating
velopments. “And this time
for him,” the sheriff con-

n*was disseminated to all
arms in the state, but the
f the alert was laid in the
s Vegas. All auto camps
put under close watch. Gas
seemed to be the gunman s
arned to be on the lookout
o. The air patrol was or-

Dosased the tension mounted
s office. Jones’ incessant
rupted only when his phone
ype report was brought to
igil lasted into the dawn and
tion | alue had come in.
nt, ff Jones feared, the
selec ‘tis next victim... -
ne week after the slaying of
al deputy approached Mrs.
wner of a motel on the out-
egas. The deputy, who had
the place, had entered the

’

OE PE eS i ee Te ee ee ee

camp's office after a man driving a Ford

with California-plates had registered.

The investigator quickly identified himself
and asked if he could look at the register.
He soon saw that the last entry was that of
C. O. Fouquette of San Diego, Cal. The
deputy also noted that the license number
—81-L-836—written next to the name, did
not correspond with the tags on the man’s
machine.

The officer immediately notified the Clark
County sheriff's office, giving the informa-
tion to Deputy Kennedy. Recognizing city
jurisdiction Kennedy phoned police head-
quarters. Seconds later a squad car was
racing to the motel.

The special deputy met Detectives Bruce
Woofter and Hiram Powell when they. got
out of the cruiser. He led the two officers
to the suspect’s cabin. When Woofter's
knock brought no response, he called out,
“Open up! We've got guns trained on your
door.”

Seconds passed. As Detective Powell
moved to try the door it slowly opened, re-
vealing a stocky, red-haired man. ‘What
do you want?” he snapped.

“Is your name Fouquette?” Woofter de-
manded.

“Yes,” the man replied, glancing quickly
at the officer’s leveled pistol.

‘“Let’s see your car registration.”

Fouquette pulled out his wallet and began
thumbing through it slowly. “I must have
lost the paper,” he finally blurted. Before
the suspect could put back his billfold, a
pair of cuffs was snapped over his wrists.

Powell took the prisoner to police head-
quarters while Detective Woofter remained
behind to search the man’s quarters. As
l‘ouquette was being locked up, Detective
Lieutenant B. J. Handlon,. acting chief of
detectives, sent 4h urgent request to Cali-
fornia authorities for information on the
suspect’s car. Mic

Meanwhile Woofter had found enough in
the motel cabin to charge the prisoner with
a more serious crime than having no regis-
tration for the Ford. Among the disordered
possessions the sleuth discovered several
boxes of ammunition and a .38-caliber police
revolver.

At headquarters the case against the pris-
oner was also becoming stronger by the hour.
.\ message had been received from Califor-
iia that the suspect’s automobile was regis-
tered to a Robert Morrison of Elsinore, Cal.,
a used car dealer.

And Deputy Kennedy had arrived with
a bulletin from Redlands stating that Sid-
ney Young’s killer had stolen a wristwatch
irom him. A watch that had been taken
from the prisoner was immediately exam-
ined. Its serial numbers were found to
match those of the one lifted from the mur-

der victim! —

HEN SHERIFF JONES came in, De-

tective Handlon had Fouquette brought
into his office. The man looked uneasily
around the room as he was led to a chair
facing a large desk.

“Where did you get that Ford?” Handlon
asked slowly. ;

“I bought it from a used car dealer in
California.”

Detective Handlon shook his head. “No,
Fouquette, you stole it,” he said, showing
the suspect the bulletin from California.

LOOK!

Pages 6 and 7
offer you bargains in

everything.
ne

Fouquette smiled. “Yeah, you've got me
cold. I know when I’m licked.”

The prisoner seemed relieved, looking
about the room as if expecting to be taken
away after a final word from the officers.
3ut none came. Minutes of silence ticked
by and Fouquette began to squirm in his
chair.

Suddenly Handlon stood up, leaned over
the desk and dangled a wristwatch before
the suspect. “Is this the watch you were
wearing when arrested?”

The man nodded slowly.

“Where did you get it?” the investigator
demanded. .

Fouquette remained silent. “Well, I’ll tell
you,” the detective said tersely. “From the
body of Sidney Young, the man you killed
in Redlands. The serial numbers match
perfectly. Try to lie your way out of that!”

Handlon then showed the prisoner the .38
revolver found in his cabin. “And this is the
gun you used on Brown as well as Young,”
he snapped. ‘Come clean, Fouquette !”

The suddenness with which the officer had
changed the line of questioning had caught
the man completely by surprise. “I killed
them both,” he sobbed, “because I needed
money.” :

Fouquette then related the. details of the
Brown slaying. He stated that several days
before the crime he had checked into a motel
at Boulder City with a woman from San
Bernardino. After a few days he found that
he was broke. The suspect left his com-
panion at 9:15 p.m. Thursday and drove to
‘the Standard station where he found Brown
closing up. After his car was filled with
gas, Fouquette put a gun on the young Navy
veteran and kidnaped him. The man claimed
that Brown had been shot accidentally when
he fought back in being ordered from the
car.

Fouquette’s confession bared the sordid
story of a man too weak to accept.his role
in society. The father of four children,
Fouquette had not been contributing to their
support because, he said, he’d been “too busy
getting drunk.” He stated that when cap-
tured, he was on his way to do some more
gambling.

The prisoner added the information that
he- was on parole from an institution in Cali-
fornia where he had presumably been com-
mitted as an alcoholic case.

Fouquette signed the confession stating
that he had murdered Brown and® Young,
but told officers he was unable to remember
the name of the woman who had been with
him in Nevada. The man seemed to be tell-
ing the truth about his incredibly casual
pick-up romance. All he knew was that she
lived in San Bernardino and that he had left
her there after the Brown slaying. Fou-
quette insisted that she had no knowledge
of either crime.

On September 10 Nancy Powers was
picked up in California and held for va-
grancy, pending further investigation.

Sheriff Jones requested that Dr. Phillip
Work, Reno psychiatrist, interview Fou-
quette and determine his mental condition.
The physician stated, after a talk with the
prisoner, that in his opinion Fouquette was
legally sane and responsible for his actions.

On August 31 the suspect was arraigned
before District Judge Frank McNamee. The J
formal plea was not guilty and Clayton O04
Fouquette was bound over to stand trial in
Clark ¢ County district court in late October
for the crime of murder in the first degree.

At this writing California authorities have
made no move to claim the man on the
Young murder charges, reportedly awaiting
the outcome of the Nevagla trial.

Epitor’s Note: To spare possible embar-
rassment to an innocent person, the name

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Nancy Powers, used in thts story, is fictitious.

i

: Fag aren “BI obligation «
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“at Of F

By Milton Berlin

Behind the Scenes with
ral Sleuths

VOULD YOU like to be a Secret
‘rative, an FBI agent, a Narcotics
-man, or a Customs inspector?
ou know about the tremendously
investigative work these federal
ve to do? Test yourself.

of seven correct answers will put
ass with the average federal law-
t officer. The answers are at
of this page.

sotics agent stared into the glassy
corpse with the dilated pupils. A
-e and the N-man knew:

the deceased had been the victim
€ poisoning.

- death could not have resulted
hine poisoning because then the
es would have pinpoint pupils.

office inspector examined the mass
per he had wrested from between
the ; nine stock swindler who
| an smpted to swallow his
of vicumis.

investigator will be able to sal-
‘idence by drying the paper, sat-
ith lacquer and then straightening

veteran inspector knows that the
s outwitted him.

ar’s end there were 5,000 special
he FBI payroll. Today the key
icy employs:

0 special agents of whom 200 are’

investigations in the nation’s

) agents of whom 2,000 are on
shington. .
) agents of whom 4,000 have
assignments.

oner of Internal Revenue George
an’s income tax agents are crack-
esé days on cases like that of a
uilding supply company owner
e light and led agents to a safe
containing $517,000 in bills and
bonds. In such cases the com-
ually :

es for crippling fines and a stiff
iew of the man’s cooperation.
es to accept a dollar of the
nstitutes criminal prosecution to
nt of the law.

Treasury Department’s alcohol
s the recnonsibility for supervis-
tion iutomatic pistols and

C; E. Mealey’s “A-men”:
scate and destroy any and all
souvenir automatics that come
y's attention.
er the battle trophies perma-
ble and then return them.

*

{ (c) impose on any ex-GI with an un-
registered trophy a $5,000 fine or a one-year
prison sentence.

6 The customs officer assigned to inspect
the luggage of the curvaceous Hollywood
starlet frowned. A tipoff had come from
Buenos Aires that the actress had purchased
an eight-carat diamond there on which she
had made no declaration. Will the inspector:
(A (a) designate a female customs inspector
to conduct a stitch-by-stitch search?

() (b) search the actress himself in the
presence of a chaperone since Uncle Sam
has no female customs inspectors?

7 The alien-runner under interrogation in
the Department of Justice border patrol’s

El Paso office finally cracked and confessed .

to tossing the body of one of his clients five
hours before into a river with a current of
ten miles an hour. Approximately how far
downstream will patrol officers drag the river
for the corpse?

(J (a) 50 miles downstream (ten miles times
five hours).

OO (b) only a few hundred yards down-
stream since a body would soon sink to the
bottom and come to rest.

8 Secret Service Chief James J. Maloney
has taken personal charge of the surveillance
of a four-foot eleven-inch suspect believed
from his surreptitious purchases of silver to
‘be a counterfeiter. To tail the man the Secret
Service boss will assign an agent:

C] (a) of precisely the height of the suspect.
@(b) of medium height and build so he
won’t stand out in a crowd.

(CJ (c)  six-feet three-inches tall so he can
peer over heads in a crowd and never let
his man out of his sight.

® There is not a warden in Director James
V. Bennett’s Federal Bureau of Prisons sys-

*» tem who doesn’t know that in cases where an

indigent prisoner has been committed solely
because he could not pay his fine, the law
requires that the offender be released:
ae after having served 30 days.

(b) after having served one-half of his
sentence,
C1) (c) only after completing his sentence.
#2] (d) after having worked out his fine at
the established rate of $5 per day.

10 Mark one of these statements true, the
other false.

(a) Contrary to popular opinion the FBI
oes not keep tabs on all important people
in this country for possible future reference.
(] (b) In preparedness for any possible
emergency Director J. Edgar Hoover's
special agents have compiled confidential
reports on every American citizen in a key
post.

ANSWERS
(®) OL. ok 6 (4)8 (Gq) Zz (8) 9
(q) ¢ er (eye (ez QQ)

Desert Terror

(Continued from page 31)

red-headed man around noon on Friday. He
had mentioned to the pawnbroker that he
was broke and needed some “whisky money.”

“We're beginning to get a clear picture
of our man,” Sheriff Jones summed up for
his aides. “He probably is an alcoholic and
a heavy gambler. That explains why he
had nearly $100 Thursday night and then
was broke a day later. As for the blonde
reported with him, she may have been
Paes here in town while he pulled the
job. .

“The criminal seems so desperate for cash
that we were lucky that he didn’t engineer
another killing before he took off Saturday,”
the sheriff concluded.

“But he'll kill. again,” declared Under-
sheriff Cyril Stewart. “I’m certain of it.”

Jones nodded agreement to the grim pre-
diction, then issued new instructions. © “Ad-
vise Los Angeles and points between that
the suspect is definitely known to be headed
in that direction,” he told Stewart. ‘And
be sure to include that he may be with a
blonde woman.”

The next development came from Hen-
derson, a town close to the murder scene,
when a resident found the money bag taken
from the gas station. It had been slit open
and thrown away in the desert.

However, late the following day, the case
definitely reached into California when Red-
lands Police Chief C. O. Peterson phoned
to report that a service station operator had
been slain in that city by a man answering
the description of Brown’s slayer. The vic-
tim, 61-year-old Sidney Young, had been
killed by a .38-caliber slug. The murderer,
who was seen racing off in a black Ford
sedan, made a haul of $200.

Chief Peterson said he was fairly certain
that the killer’s female companion was a
Nancy Powers, a 28-year-old blonde who
was a known San Bernardino police char-
acter. She was not thought to be involved
in the Redlands slaying, but had been seen
earlier with the suspect. Peterson assured
Sheriff Jones that he was making every ef-
fort to locate the woman on the chance that
she might. divulge the identity of the red-
haired gunman.

Finally, the Redlands chief warned that
the killer of Young had last been seen driv-
ing in the direction of the Nevada highway!

“It looks like our man is heading back
to try his hand at_a little more gambling,”
Jones declared to his deputies after relating
the California developments. “And this time
we'll -be ready for him,” the , sheriff con-
cluded tersely.

The information was disseminated to all
law-enforcement arms in the state, but the
main emphasis of the alert was laid in the
area around Las Vegas.. All auto camps
and hotels were put under close watch. Gas
stations, which seemed to be the gunman’s
specialty, were warned to be on the lookout
for the desperado. The air patrol was or-
dered to stand by.

As long hours passed the tension mounted
in the sheriff’s office. Jones’ incessant
pacing was interrupted only when his phone
rang, or a teletype report was brought to
him. The grim vigil lasted into the dawn and
still no information of value had come in.
That very moment, Sheriff Jones feared, the
killer might be selecting his next victim. .. .

That night, one week after the slaying of
Brown, a special deputy approached Mrs.

Kay Lambert, owner of a motel on the out- Wg

skirts of Las Vegas. The deputy, who had

been watching the place, had entered the a

ee

re erie res
Te SR SNS

comma

inant

Mites,

ae oe Le aaa. Cacia tee e te

camp's office after
with California. plat.

The investigator «¢
and asked if he cor
He soon saw that tl
C. O. Fouquette of
deputy also noted t
-81-L-836—written
not correspond with
machine.

_The officer immed
(County sheriff’s offi
tion to Deputy Kem
jurisdiction Kenned
quarters. Seconds |
racing to the motel.

The special deputy
Woofter and Hiram
out of the cruiser.
to the suspect’s cal
knock brought no r

“Open up! We've g
door.”
Seconds _ passed.

moved to try the doc
vealing a stocky, re
do you want?” he sn

“Is your name Fo
manded.

“Yes,” the man re
at the officer’s leveled

“Let’s see your cat

_Fouquette pulled ot
thumbing through it
lost the paper,” he f
the suspect could pu
pair of cuffs was snaj

Powell took the pr
quarters while Detect
behind to search the
Fouquette was being
Lieutenant B. J. Ha:
detectives, sent 4h w
fornia authorities fo:
suspect’s car. a

Meanwhile Woofter
the motel cabin to ch:
a more serious crime
tration for the Ford.
possessions the sleut
boxes of ammunition <
revolver.

At headquarters the
oner was also becomin;
A message had been 1
nia that the suspect’s ;
tered to a Robert Mor:
a used car dealer.

And Deputy Kenne
a bulletin from Redla
ney Young’s killer ha
trom him. A watch
from the prisoner wa
ined. Its serial num
match those of the one
der victim! °

WHEN SHERIFF J}
"8 tective Handlon ha
into his office. The
around the room as h
facing a large desk.
“Where did you get
asked slowly.
“I bought it from :
California.”
_ Detective Handlon s!
Fouquette, you stole i
the suspect the bulletir

LOO)

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CONTENTS

INSIDE

ED WASN’T THE FIRST Bie, Sere ne
DEATH DEALT THE PAYOFF HAND..........
BULLETS FOR THREE.......................
Hugh V. Haddock 30
PUZZLE OF ENGLAND'S “VAMPIRE SLAYINGS”... .Barton Black 34
WHO WAS CATHERINE’S MYSTERY BEAU?......
CASE OF THE TWO-TIMING MOLL...........
INSIDE INFORMATION......... ote ae eae © ee

LENS... ee ewan es

FACING THE

Cover Photo by Pagano -

The Third De

De

FEW MONTHS ago The Old Slet
in answering an inquiry from a reader,
said he believed from his experiences” with
criminals that addiction to drugs yeas not
usually responsible for crimes of a({heinous

comment on this blow at
a somewhat popular be-
lief, but not quite the let-
ter which came from one
reader in Tacoma.

This man admits he
has been a drug addict
for more than 30 years.
From his own personal
knowledge this reader can
say, “I’m no angel and I
frankly admit that I’ve
had difficulties with the
law, but I’m sure that
these terrible crimes do
not stem from the use of
narcotics. An addict may
break the law to obtain
drugs or money to buy them, but that is
about all. i ,

“We're not all bad,” he continues, “and I
hope that some day something can be done
for us that will take its place among other

‘such worthy causes as the cancer fund, the

March of Dimes, Alcoholics Anonymous, etc.
I’m sure us oldsters would welcome such a

program. It’s a hard life and a costly one.”
* ne

CATCHING UP on past cases—on Jan-.

uary 11, 1947, two outlaws shot and killed
Patrolmen John J. Gerka and Donald Cook
in Hammond, Ind. The story of this crime
was told in INsipe Derecrive in April of
1948. On February 23, 1949, after several
appeals, Robert Brown and Frank Badgeley
paid for these murders in the electric chair

a
efective

2

3
Pikes John Keith 4 e
John Hightower 6
Norris Harkness 12 | ing Co., Inc.,
...Hugh Layne
..Milton Berlin 23
...Ray Stinnett 24
George Edwards 26
Stanley Forbes

Eugene Pawley 38
...Tom Bailey 42
Larry Roberts 48
oie (Pictures)

JUNE, 1949

POSTMASTER: Please send no-
tice on Form 3578 and copies
returned under Label Form
3579 to 261 Fifth Avenue,
New York 16, New York.

The Old Sleuth
J. F. Fishman

INSIDEDETECTIVE, Volume 26,
No. 6, June, 1949. Copy-
right, 1949, by Dell Publish-
eorge T. Dela-
corte, Jr., President; Helen
14 | Meyer, Vice-President; Albert
P. Delacorte, Vice-President.
Published simultaneously in the
Dominion of Canada. Interna-
tional copyright secured under
the provisions of the Revised
Convention for the Protection of
Literary and Artistic Works.
Published monthly. Office of
publication at Washington and
South Avenues, Dunellen, N. J.
Executive, editorial and sub-
29 scription offices, 261 Fifth
Avenue, New York 16, N. Y.
' Chicago advertising office, 360
N. Michigan Avenue, Chicago
1, Ill. Printed in the U.S. A.
Single copy price 15c. Sub-
scription in U.S. A., $1.80 per
year; elsewhere, $2.80 per year.
Single copy price in England 1s
6d. No Canadian subscriptions
accepted. Enteredassecondclass
matter, January 15, 1935, at the
Post Office at Dunellen, N.J., un-
der the Actof March3, 1789. The
; publisher accepts no responsi-
51 bility for the return of unsolicited
material. All manuscripts should
be accompanied by stamped,
self-addressed envelope.

Mark Stevens 18

ree

in the state prison at Michigan City, Ind.

And Clayton Fouquette, accused of the
murder of Donald Brown near Las Vegas,
Nev., has been convicted of first degree mur-
der and is in Nevada’s death house, awaiting
execution in the gas

chamber.
* * *

has been one of the trou-
ble spots in the life of
the world’s greatest city.
Recently a new _ police
commissioner in New
York decided to do some-
thing about it.

In a dramatic shakeup
of the police department,
he named Deputy Inspec-
tor Steve Kennedy, whose
photo appears in the cen-
ter of this piece, a virtual
czar over the miles and
miles of waterfront in New York. From
the cut of Inspector Kennedy’s jib, The Old
Sleuth feels that the river front squads hence-
forth will have a tough situation very well
in hand.

* * *

NEW YORK CITY cops proved their
mettle again recently .when a berserk gunman
killed one officer and wounded two others.
Within an hour the suspect was in custody
and reportedly had confessed.

* * *

_DESPITE spring fever, fishing, golf and
the open road... look for the July issue of
Insipe DeErecTIVE on your newsstand on
June 10. Until then—Tue Oxp SLteutH

FOR YEAR éw
a ity’s waterfront


nine sper

Nev.) STATE y. CASEY 7

of the day of the homicide, the defendant,
after borrowing $1.50 from Murray, told him
he was going to get drunk. Between 4 and
6 o'clock of the same day, Murray met the
defendant in the Turf saloon and asked the
defendant to have a drink. The defendant,
who had apparently been drinking, but who
was not very drunk, accepted Murray’s invi-
tation to have a drink, saying to Murray,
“Jack, this will make nine that I have had.”
Whereupon Murray told him he had enough,
and that he had better go to bed. The de-
fendant replied, “No; I am going to get good
and drunk.” After attempting to borrow a
gun from Hildebrandt, one of the proprietors
of the saloon wherein the defendant and
Murray had taken this drink, the defendant
asked Hildebrandt to loan him a gun, which
Hildebrandt refused to do. The defendant
then entered into a discussion with Hilde-
brandt and others on the subject of the de-
fense of insanity, saying, among other things,
in effect to Hildebrandt that, “if a man
shoots another and then attempts suicide,
that will be conclusive evidence of insanity ;
that will be a conclusive defense of insanity
for the shooting.” That upon his failure to
secure the gun from Hildebrandt, the de-
fendant went home and got Murray’s pistol,
and immediately came down to the Heslip
home for the purpose of killing Mrs. Mann
and the Heslips, but succeeded only in part
in carrying out his preconceived murderous
plan in the killing of Mrs. Heslip.

The defendant was tried on the 26th day
of October, 1909, in the district court of the
Seventh judicial district, in Esmeralda coun-
ty, Nev., before a jury, found guilty of mur-
der in the first degree, and sentenced by the
court to be hanged by the neck until he be
dead. A motion for a new trial was’ made
and denied, and, from the order denying the
motion for a new trial, defendant seeks re-
lief in this court to avoid the execution of
the judgment.

(1) The defendant moved to quash the in-
dictment upon the ground that "rank Cham-
pion, who was a member of the grand jury
who found the indictment, was a nonresi-
dent of the state. Both the defendant and
his counsel, prior to this attack upon the in-
dictment on this ground, waived in open
court all challenges and objections they had
to the panel of the grand jury and to the
qualifications of each individual juror there-
of. See Transcript, pages 6 and 7.

Conceding, for the purpose of considering
this assigned error, that counsel for defend-
ant could renew their attack upon the grand
jury when both defendant and his counsel
had previously waived.all objections to the
panel and to each individual juror thereof,
even then we can see no merit in the motion
to quash the indictment. The attack upon
the grand jury was made by an affidavit on
information and belief, stating that F. W.
Champion, one of the grand jurors who
brought in the indictment against the de-

fendant, had moved from Nevada and be-
came a resident of California. This affidavit
was met by a counter affidavit by the grand
juror Champion, disputing the fact set forth
in the affidavit of the defendant, and alleg-
ing that he was at all times during the time
he was a grand juror and for three years
prior thereto a resident of Goldfield, Nev.,
and had never taken up his residence out»
side of the state, or had ever formed any
intention of so changing his residence. The
direct, personal counter affidavit of Champi-
on thoroughly covered the affidavit of the de-
fendant, which was made upon information
and belief.

[1] The defendant was in no position to
complain of the method of bringing this fact
of residence to the attention of the court by
affidavit, when the attack upon the grand
juror was made by the defendant by affi-
davit upon information and belief. If the
defendant desired the presence of the grand
juror, he should have issued a subpcena for
him; or if he desired his testimony taken
by deposition he should have made applica-
tion therefor. No such action was taken by
counsel for defendant, and it was too late
for him to raise this objection at the time
the case was about to go to trial. As was
said in volume 1 of Ency. of Evidence, page
736: “The principal service of an affidavit
as evidence is to. bring to the knowledge of
the court facts not appearing by the record,
when such facts are necessary to be shown
as a basis for some preliminary or interlocu-
tory action, or in proof of matters which are
auxiliary to the trial of the cause.”

The presentation of affidavits on the part
of the state to overcome this affirmative affi-
davit attack of defendant to the qualifica-
tions of this certain grand juror was in pur-
suance of a long-established method in this
state of presenting the matter to the court,
and no application having been made for
the personal presence of the grand juror, or
for the purpose of taking his deposition, he
was in no position to complain. The court
had the question of fact at issue directly
presented to it by affidavit and was in posi-
tion to pass upon the matter presented, and
being satisfied that there was no merit in
the attack, which was made just as the case
was to go to trial, very properly overruled
the motion to quash upon this ground.

[2] (2) There is no merit in defendant’s
further motion to quash, the indictment in-
terposed upon the ground that no more than
12 grand jurors considered or voted on the
indictment returned against the defendant.
This court has recently had occasion to pass
upon this point adversely to appellant’s con-
tention, and we have held that where 12
qualified grand jurors consider and vote up-
on an indictment that such a body of 12
grand jurors is a legal body, and can return
a valid indictment. See, State v. Williams,
31 Nev. 360, 102 Pac. 974; State v. Weber,
381 Nev. 300, 103 Pac, 411.

whe


or discussed or considered but little. Again,

Nev.) STATE y. CASEY 9

ed, is such that it is not strange that public
sentiment should have been aroused against
the accused. In fact, it would be strange if
any one hearing of the cowardly and unwar-
runted assault could entertain sentiment
otherwise. ‘This fact in itself, however, is.
not suflicient to warrant a change of venue,
unless it aflirmatively appears that the de-
fendant could not secure a fair and impartial
trial before a fair and impartial jury. An
examination of the record discloses, however,
that the prejudice was not such that the
court was unable to secure 12 impartial jur-
ors from a comparatively small proportion of
the venire summoned within a very short
time, to determine the guilt or innocence of
the accused, and that while, generally speak-
ing, there was great feeling against the de-
fendant in the town of Goldfield, yet that
feeling did not permeate the entire popula-
tion of the large county from where many of
the jurors were drawn, and where the vic-
tims of the defendant were unknown, and
where the crime was hardly known of at all,

the trial court was in a better position to
judge as to whether or not the prejudice
aroused against the defendant by his act had
not had time to be allayed, and public senti-
ment calmed to the extent of allowing the de-
fendant a fair and impartial trial before a
fair and impartial jury.

[5] A motion for a change of venue is ad-
dressed to the sound discretion of the trial
court, and where it appears from the showing
made in support of or against the applica-
tion that it is possible to secure a fair and
impartial jury, and the trial court has not
abused its discretion, the order denying the
motion for a change of venue will be af-
firmed. State v. Gray, 19 Nev. 212, 8 Pac.
456; State v. Millain, 3 Nev. 409; State v.
McLane, 15 Ney. 371; People v. McCauley,
1 Cal. 383; People v. Goldenson, 76 Cal. 328,
19 Pac, 161; People v. Mahoney, 18 Cal. 180;
People v. Congleton, 44 Cal. 92; Gitchell v.
People, 146 Ill. 175, 83 N. BE. 757, 387 Am.
St. Rep. 147; Hickan vy. People, 137 11), 75,
27. N. E. 88; State v. Williams, 115 Iowa,
97, 88 N. W. 194; State v. Edgerton, 100
Iowa, 63, 69 N. W. 280; State v. Weems, 96
Iowa, 426, 65 N. W. 387; State v. Daugher-
ty, 63 Kan. 476, 65 Pac, 695; Dilger v. Com-
monwealth, .88 Ky. 550, 11 8S. W. 6513. Peo-
ple vy. Sammis, 3 Hun (N. Y.) 560; State v.
Russell, 18 Mont. 164, 32 Pac. 854; Golds-
berry v. State, 66 Neb. 312, 92 N. W. 906;

allis v. State, 123 Ala. 12, 26 South. 339, 82
Am. St. Rep. 106; Hawes v. State, 88 Ala.
87, 7 South. 302; Rains v. State, 88 Ala. 91,
7 South. 315; Territory v. Barth, 2 Ariz.
319, 15 Pac. 673; 4 Am. & Eng. Eney. Pl.
& Pr. 398.

We have carefully examined the affidavits
in support of the motion for a change of ven-
ue and find nothing therein which convinces

in denying the motion for a change of venue.
(4) It is contended by the appellant that
the challenges interposed by the defendant
for implied bias to talesmen Charles Sands
and .M. Hicks, on the ground that they had
previously formed and expressed an unquali-
fied opinion as to the guilt or innocence of
the defendant, ‘should have been allowed.
We believe that a thorough examination of
the record discloses that the jurymen Sands
and Ilicks, contrary to the contentions of
appellant, did not testify on their voir dire
examinations that they possessed and ex-
pressed unqualified opinions.

[6] The law is well settled that in deter-
mining the condition of a juror’s mind as to
his qualifications to sit as a juror, all of his
examination on his voir dire should be con-
sidered, and doubts as to this qualification
should be resolved in favor of the accused,
as in other matters, to the end that he may
be tried by a fair and unbiased jury. State
vy. Buralli, 27 Nev. 41, 71 Pac. 5382; State v.
Williams, 28 Nev: 409, 82 Pac. 353. If trial
courts will always keep in mind this rule
and keep in check our young and overzealous
district and other prosecuting attorneys, who
sometimes tread too close to the line of get-
ting disqualified jurors in their desire for a
conviction, rather than to giving the accused
his every right, fewer reversals for this com-
mon character of invasion of a defendant's
rights will be necessitated and great cost to
the county and state saved, and the public giv-
en less well-grounded cause for criticism for
the law’s delay.

[7] In the record, in the examination of
Sands, among others, the following questions
and answers were given by the juryman
Sands to questions put to him by the assis-
tant district attorney, counsel for the de-
fendant, and the court:

“Mr. Liechti: Q. The opinion that you now
entertain, is it a fixed and firm opinion that
would amount to a conviction? A. Well, no,
sir; I can’t say that. Q. Could you lay that
opinion aside and give the defendant a fair
trial? A. I think I could. Q. Then the opin-
ion that you have at the present time
amounts to nothing more than a suspicion.
Is that correct? A. Well, you might call it
that. Q. It would require the introduction
of evidence in order to enable you to lay it
aside, would it? A. Well, it would, to lay it
aside, certainly. Q. If you were accepted as
a juror, you could lay it aside to begin with,
could you not? <A. I think so; yes. Q. It
would not require any evidence to enable you
to do that, would it? A. No. sir. Mr. Liech-
ti: We traverse the challenge. The Court:
Q. You understand, of course, the difference
between a qualified opinion and an unquali-
fied opinion? Did you ever express or did
you ever entertain an unqualified opinion as
to the guilt or innocence of the defendant?
Or, to make it plainer, did your opinion de-

us that the lower court abused its discretion

pend on other things which might be true ot


2 NES eS re re eee

ea

ee ee ee

10 117 PACIFIC REPORTER (Nev.

might not? A. Well, what I know is cer-
tainly true. What I have learned—what I
know. @. Did you see any of the transac-
tion complained of? A. No, sir. Q. Have
you, or did you ever have, or did you‘ever
express, an unqualified opinion as to the guilt
or innocence of the accused? <A. I don’t
think I did. Q. Now, you understand the dif-
ference between a qualified and an unquali-
fied opinion, and you think you never ex-
pressed or entertained an unqualified opin-
ion as to his guilt or innocence? <A. I don’t
think I did, Judge. Mr. Kunz: Q. You say
that you have talked to parties pertaining to
this matter? A. Why, I heard a whole lot
of it, you know; talked some about the mat-
ter. For two weeks you didn’t hear anything
else. Q. You heard people express their opin-
ions as.to whether he was guilty or innocent?
A. Yes, sir. Q. When you heard these re-
marks made by other parties, did you weigh
them in your own mind in any manner what-
soever? A. Well, I don’t know that I paid
any attention to it. Q. Did you weigh them
sufliciently to form a belief as to his guilt
or innocence in your own mind? A. To some
extent. Q. Have you a belief at the present
time as to whether the defendant is guilty
or innocent? A. I have. Q. Have you ever
expressed that belief? A. I don’t recollect
that I did. Mr. Kunz: I submit he is an in-
competent juror under that section, the eighth
ground, of section 340 of the criminal prac-
tice act, where belief is specified. The Court:
In the Dwyer Case the Supreme Court has
held that if a man has an unqualified be-
lief, or has expressed an unqualified opinion,
he ought to be dismissed. I have asked this
juror as to his opinion, whether qualified or
unqualified. He says he has not an unquali-
fied opinion, and that he has never expressed
such an opinion. I think the word ‘unquali-
fied’ refers to opinion as much as to belief.
Belief does not stand alone in the statute, in
my opinion, but is qualified by the word ‘un-
qualified.’ I think the juror is competent.”
Transcript, pages 245, 246, 247, and 248.

The following is a part of the examination
of Juror Hicks: “The District Attorney: Q,
What do you understand to be a qualified
opinion, or an unqualified opinion? A. I
don’t know that I Said I had formed an un-
qualified opinion. Q. Assuming that you did
say that, do you wish to change that an-
swer now? A. I don’t see where I. would
have any right to form such an opinion; I
haven’t heard any of the witnesses or testi-
mony. Q. Have you, from newspaper read-
ing or hearing people talk about the ease,
formed an opinion as to the guilt or inno-
cence of the defendant? A. I have, to a
certain extent; but as far as prejudice is
concerned against any one I have none. Q.
Is it a qualified or an unqualified opinion?
A. I guess you would eall it a qualified opin-
ion. * * * (Transcript, page 285). The

give the defendant a fafr trial and an impar-
tial trial, or that in your state of mind you
could not do so? A. I would give any one a
fair trial. Q. Weare only talking of one now.
Could you give the defendant a fair and im-

only case under consideration... Do you say
you have or have not an unqualified opinion
as to his guilt or innocence? A. I have not.
Q. Ifave you ever expressed an unqualified
opinion as to his guilt or innocence? A. Not
that I can remember.” Transcript, page 287.

The challenges to the jurors Sands and
licks interposed by the defendant, upon the
ground that they had formed and expressed
unqualified opinions, we do not believe well
taken, and the court, we think, very prop-
erly denied the challenges.

[8] (5) The defendant next assigns as er-
ror the ruling of the trial court denying his
further challenge to the juror Sands, because
of answers given by said juror in régard to
insanity superinduced by the excessive use
of alcohol, and on the phase of hereditary
insanity. The juror on his void dire, in an-
swer to the essential interrogatories pro-
pounded to him by counsel for the defense,
the district attorney, and the court bear-
ing upon this issue, were as follows:

Mr. Kunz: Q. If the defendant should in-
terpose a defense of insanity, do you enter-
tain any prejudice or bias against such a
defense? <A. I never paid much attention to
it. I couldn’t say. Q. Have you any bias or
prejudice against such a defense? A. To
some extent I have. Q. To what extent? <A.
Well, I couldn’t say to what extent. Q. Do
you believe in hereditary insanity? A. No.
sir. Q. Do you believe in acute alcoholic in-
sanity? <A. No, sir. Q. Do you believe in
any form of insanity? A. I do. Q. What
form? A. If a man is insane. Q. If it
should be shown by competent evidence
that the defendant at the time of the com-
mission of this crime did not know what had
taken place, would you give credit to such
a defense? <A. Well, I guess I could. Q).

kind of a defense? A. No; I don't hardly
think so. Q. Have you any prejudice against
acute alcoholic insanity superinduced by in-
toxication? A, I have. Q. Would you give
credit to such a defense? A. No, sir.
* * * Mr. Liechti: Q. When you state
that you have a prejudice against any par-
ticular form of insanity, do you mean to say
you would look at the evidence tending to
show that state of mind with eaution? A.
That was not the way this gentleman placed
it. Q. But is that what you mean?’ A. How
is that, again? Q. The question as put by
counsel was whether you had any prejudice
against any particular form of insanity as g

‘defense to crime. ITs it your idea that if a

defense of that kind were offered, you would
scrutinize it with caution? <A. The gentle-

‘man placed it alcoholic insanity. Q. With

Court: Q. Is it your opinion that you could

respect to that: If it were shown in this

partial trial? A. Yes, sir. Q. This is the-

Would you have any prejudice against that

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8 117 PACIFIC REPORTER (Nev.

In the state of California, where the stat-
ute on the formation of grand juries and
their powers 1s identical with our own on
these matters, the Supreme Court of that
state has likewise held that an indictment
returned by 12 grand jurors who have con-
sidered and voted on an indictment is suf-
ficient. People v. Roberts, 6 Cal. 214; People
v. Hunter, 54 Cal. 65.

[3] (8) Defendant assigns as error the rul-
ing of the lower court, denying appellant’s
motion for a change of venue. This motion
was made under section 806 of the Criminal
Practice Act (Cutting’s Compiled Laws, §
4271), which reads as follows: “A eriminal
action, prosecuted by indictment, may be re-
moved from the court in which it is pend-
ing, on the application of the defendant or
state, on the ground that a fair and impar-
tial trial cannot be had in the county where
the indictment is pending.”

The Supreme Court of Nevada, in the case
of State v. Millain, 3 Nev. 432, said: “There
are few cases that present themselves to ap-
pellate courts where it is more difficult to
determine upon any settled principles or rule

of action than in these cases relating to a

change of venue. By all it is admitted that
there is a broad discretionary power: allow-
ed the court of original jurisdiction. But,
whilst that court has such discretion, it is
still a judicial and not an arbitrary discre-
tion. If that discretion is used in an arbi-
trary and oppressive manner, an appellate
court is bound to correct the error. But to
distinguish between what is and what is
not an abuse of that discretion is often a
very nice and difficult question. There are
two circumstances, the existence of either
of which should entitle the defendant to a
change of venue. ‘The one is the impossibil-
ity of obtaining an impartial jury. The
other is such a state of public excitement
against the defendant that even an impartial

jury would be likely to be intimidated and

overawed by public demonstrations against
the accused.” ?

Again this court, in the ease of State v.
McLane, 15 Nev. 372, said: “On the whole,
we think the application in this case for a
change of venue was not materially stronger
than that in the Case of Millain (8 Nev. 433),
where the order overruling the motion was
affirmed by this court. It is not shown in
this case, any more than in that, that the
parties threatening violence to the defend-
ant were either numerous or influential; and
we do not understand that the mere preva-
lence of a belief in the guilt of a prisoner,
however widely diffused, is a circumstance
from which it must be inferred that a jury
would be intimidated or overawed.”

- Again, in the case of State v. Gray, 19
Ney. 215, 8 Pac. 457, this court said: “De-
fendant applied for a change of venue on
the ground of prejudice existing against bim
in the county where the indictment was
pending, which would prevent him from hay-

ing a fair and impartial trial. The appli-
cation was based upon affidavits tending to
establish the fact alleged, and resisted by
counter affidavits. It is unnecessary to con-
sider the contents of the affidavits. The
district court overruled the motion for the
time being, until it could be shown by an
examination of a sufficient number of jurors
that a fair and impartial jury. could not be
obtained. After examining 81 persons, a
jury was impaneled. The statute authoriz-
ing a change of venue in criminal cases pro-
vides that, before granting the order, the
court shall be satisfied that the representa-
tions of the moving party are true. The
question whether a fair and impartial jury
could be obtained depended largely upon the
opinions of witnesses. Opinions differed
widely, and the court adopted a very satis-
factory test to ascertain the faet. The prac-
tice pursued was approved in State v. Mil-
lain, 8 Ney. 488, and by the Supreme Court
of California, in People v. Plummer, 9 Cal.
299, and in People v. Mahoney, 18 Cal. 181.”

In the case of State v. Dwyer, 29 Ney. 427,
91 Pac. 305, this court observed: “Outside of
the fact that every case where a change of
venue is sought must come within certain
broad principles, each case must be deter-
mined upon its own particular facts.”

It was. represented on a motion for a
change of venue that intense feeling of mal-
ice and indignation was aroused against the
defendant in the community by reason of
the commission of the crime for which he
was indicted, and that the defendant had
to be removed from the county of Esmeralda
to the adjoining county for safety of his
life, and to avoid violence at the hands of a
crowd, congregated for the purpose of lynch-
ing him. It is alleged that the feeling of
bias and prejudice which existed against the

defendant was such that defendant would.

be precluded from having a fair and impar-
tial trial in the community in which this
atrocious crime was committed, and that the
court abused its discretion in not granting
the motion for a change of venue. In sup-
port of this position, affidavits of the defend-
ant and of M. A. Diskin, Esq., his attorney,
were introduced.

The rule is well settled “that it is not
sufficient, merely to show that great preju-
dice exists against the accused. It must ap-
pear that the prejudice against him is so
great as to prevent him from receiving a
fair and impartial trial, and where evidence
before the court is conflicting its decision
will not be reversed upon appeal.” 12 Cye.
244, and cases cited.

[4] It appears from the evidence, in the
county of Esmeralda where this crime was
committed, there were between four and five
thousand possible jurors, and that after an
examination of 76 talesmen a jury was ob-
tained. The revolting character of the offense,
for which defendant was indicted and ccnvict-

PT Sa AE HOO

Nev.)

ed, is

sentin
the a
any 01
ranted
othery
not st
unless
fenda:
trial |
exami!
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court

ors fir
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dresse:
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made i
tion tl
impart
abused
motion
firmed.
456; &
MecLan
1 Cal. :
19 Pae.
People
People.
St. Re]
27 N. j
97, S88
Towa, (
Towa, -
ty, 63 1
monwe
ple v. :
Russel!
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37, 7 Si
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319, 15
& Pr.
We h
in sup}
ue and
us that

ERT TL PL SLIT! TIM TR NET NN ETT Tee

EE

eal

‘Killer set to die

From page 1C
"wif ever released. He said Cole had once
esought help in mental hospitals; but now
feels he is ‘‘beyond help.’ iti
«{» Cole has told police he strangled women
yout of vengeance for his mother, who he
" sigaid picked up men at bars.
4, Cole was convicted in October 1984 for
ithe 1979 strangulation of Marie Cushman.
\ ; Cole, who was working for the Salvation
Army in Las Vegas at the time, said he
oo up the woman in a hotel bar, took
| ' . gcher to a room and killedher. "|
te He was also convicted in the 1977 slay-
sling of. another Las Vegas woman,
ysKathryn. Joan Blum: .Those convictions
followed Cole’s arrest and conviction in
... Texas for the strangulation of three Dal-
+, -las women in 1980. « ape ‘
i, The Sioux City, Iowa, native confessed
’ '\ to 13 murders across the country.
‘Marshall said Cole told one psychiatrist
i, he had killed 35 people. The attorney said
' because of Cole’s heavy drinking habits, ©
«1 he questions whether even Cole knows for

i| of Yates, said Yates came to their home
\\ the evening after the killing and asked to
; spend the night. Pina was the only one
\ home at the time. © °°
| She remembered Yates telling her that
her mother had been murdered. Accord-
' ing to Pina, Yates added, “I hate my
grandmother and I hope she’s the next
one to be killed.” ~
On cross-examination, Ohlison asked,
“Didn't, in fact, my client that night say
’ she hi afraid her grandmother would be
> mext?”’ \ j
Aa “Huh uh,” Pina answered, and stuck to
' the ‘‘no” answer through several more
‘ minutes of cross-examination.
\ The abigail theory is that Yates
: and Stoner wanted her mother dead
‘. because she was trying to break up the
‘ +) couple because Yates’ grandmother, who
‘lived next door to the Yates home, did not
. like Stoner. :
- + Lane also put on Dr. Michael Irwin, a
“ . pyschiatrist, to contradict testimony by a
defense jm hearap ing who said Stoner did
not premeditate or deliberate the murder
that night. ph oot

. intention of killin

7 }, sure how many people he has killed over
of} the years. et 1

hi Ot
"i
La W re Gs
iH H Irwin interviewed Stoner twice and

cet Yates friend -..°*«- studied statements from others involved
i / Mee _ in the case. He said in his opinion, Stoner
|; From page 1C _ was capable of premediation and deliber-

_ ation the night of May 24.

“In your opinion, did he do so?”” Lane

' asked.

“It would appear from the information

’ available to me, he did,” Irwin replied.
representing |
' Stoner, has based his defense on a theory

Attorney. Don Evans,

that Stoner went to the home with the
knives and machete that night, but had no
anyone.

itation or deliberation,

Without prem

' Stoner could be found guilty of only sec-
' ond-degree murder.

Lower phone rate asked
CARSON CITY — Nevada Bell has sub-

mont ee


in execu

‘in bars, went
‘unwanted Nevada Supreme Court appeal :

woman and coul
-onappeal.: | ary
Deputy Clark Count: District Attorney,

no delays 5 |
ion

Te i Ak ea

Killer wants.

tior
By Brendan Riley/aP (Jeno GAzeble eum

CARSON CITY — A drifter who claims ;
he killed 35 people, mostly women he met.
the formality of an:

Thursday with his lawyer saying the man ;
hopes to be executed as soon as possible. :
dward Marsha inted

ll,  court- ,
* counsel for Carroll Edward Cole #?, told

the high court in a 20-minute session

‘he reviewed the transcript of Cole’s trial :

for the 1979 trangusie eS py Bin
no issues to raise.

ey ton didn’t make an argument to

trial that resulted in the death sentence.:;
Marshall said after the brief hearing:
a quick decision from the high court coul
Jead to Cole’s execution by lethal injectiohr
within six months. Jesse Bishop, con.
victed of a slaying in a Las Vegas casino;
was the last person to be executed ip

Nevada, on Oct. 22, 1979. Bishop, like :

poe. resisted all efforts to prevent his

Since Bishop's execution in the gas
chamber, legislators have changed the
execution method to lethal injections.

\ Marshall said Cole is ready to be the first

rson to be executed by that method in
evada because he belleves he will kill

’ again if he is released.

“Tf they said tomorrow or the next day
(for his execution), he would be very
HAPPY Marshall said, adding that Cole
feels ‘‘the faster it moves, the better.””

The American Civil Liberties Union has

been moni the Cole case, Marshall °°”
said. But he added the ACLU was tnsuc- —

cessful in its efforts to block the B

‘execution and has not said whether ‘it

rg attempt to intervene on, behalf of
ie. ¥" Miwa «
Marshall described Cole as a,‘h le;
oe guy" who looks like Clark:

le told police he strangled pacry ou
vengeance for his mother, w he sai
picked up men at bars and ther had sex

with them. ie Lys aip ¢
During the Supreme Court shearing;
Marshall said he looked at tw possible

0
|. issues to appeal but determined’ they

weren't eae One was the question of
whether Cole understood the’ diff

aggravating circumstance” in. ‘the *

was Cole’s prior conviction in ' Missouri

of
Cole, working for the Salvation rere in
_ Las Vegas at the time, said he ‘eo Bp
; er

Fi a
room where they had sex, and then killed

her. }

ing of another Las Vegas woman, Joan

Blum, Those convictions followed Cole's

gee KILLER'S, page 2¢ ©

ots

eo vor 1s HOUT” avout

eee DE ane or err] ey
“conversation and she took him to police, instructions today and give tem to Wie”

g",

i Yates is accused planning the May jury Friday morning, be' fore closing argu- ’

- murder with her boyfriend, Donovan. — ments ny) (73 by Bs

© Stoner, 20, and another friend, hap Huff- Since there will be five arguments —-

“man Jr., 22. Stoner and Huffman are two from Lane and one from each of the

~ accused of going to the home late defense attorneys — Forman w the

> night, where Stoner. allegedly stabbed and Jury to prepare “for a long day Friday.””..

_ hacked Mrs. Yates \\ ¢ th with a knife Earlier ednesday ene Pina, the .
and machete, : Ea es, | fers: roommate of the mo! of a good friend! aig een EEN. EIR SE AS
Hl Testimony ded Wednesday after. imnmrarauyania eh OI * Confessed Killer Awaits
# Lane sal several witnesses to. tay 20 Be cre ee bth pale pects Execution in Nevada

Pap yt hery AL PS Ot ‘ \ CARSON CITY, Nev., Dec. 5 (UPI)
4 } i j — Carroll Cole, who has admitted kill-
‘ e aS | e oy ing 13 people, says he is at peace and
y . J : rik! : ready for his execution Friday, the first
a od . “ by chemical injection in Nevada, offi-
( *. cials said today.
} read ! to die: Mr. Cole, a 47-year-old drifter con-
P3 1. vie victed of strangling Marie Cushman of
“id Oe veh M-/Y>° Las Vegas in 1979, was moved Wednes-
, i esc: day to a room near the chamber where
‘ on ; a ; A \ he aes ioe cates bey be sae
f glermerty e has rejected any efforts to appeal
‘By Robert Macy/AP ‘ fere Ga le kk Jowm( his case and has told visitors that he is

ready to die. In earlier interviews, he

P° LAS VEGAS (AP) — A drifter who said hf wanted to die “‘because no
claims he killed 35 le, mostly women “¥ woman is safe with me.”
he met in bars fold a district judge George Sumner, director of the state
Wednesday he was ready for his exectu- prison here, scheduled the execution
; nd did not want one intervening for Friday at 2 A.M. Pacific standard
i Ai age any ‘ time to discourage any demonstrations
. at the prison.
thee . rengi ae pen one ey eas Mr. Cole was previously convicted of
. 6 for ngula’

Vegas woman,
“Do you wish to haye anyone do any- }
in your behalf?” trict Judge. i
Myron Leavitt asked Cole. ' ‘

‘No one at all,” Cole answered quietly

but firmly.
Leavitt said he Los flayrenphendnniny
to be presen!

fut Cole said he did not wish to consult

with any of them and repeated he did not
“want to fight the execution order. us
| ..5, Cole stood pwcgs ty Leavitt read an
. | order. ca for defendant's execu-
~1 © tion by lethal injection at the state prisori

I ea oy: deputy Clark County dis:

‘trict ¢ » deputy that Leavitt

trict attorney, urg have ©
- Cole state his wishes str y in the event

an; os oc as the erican. Ci
Liberties Union appeal the sentence to 4
federal court. PRG gies peu
“1 would like for them (other courts) td
— what his feelings are today, ’ Seaton
Cole then fecha ge aay oe or ne not t want
anyone a execution sentence,
"The apesda ‘Supreme Court upheld
Cole's conviction Oct. 22, the way,
for Wednesday's setting of the execution

date. '
Edward Marshall, the lawyer who han-
© dled Cole’s unwanted state Supreme
‘Court appeal, attended Wednsoday ¢
* court session but did not address

(/ Associ ne Press
Dts ’

/ H 4 rroll Cole NY Ties

the 1977 slaying of Kathryn J. Blum in
Las Vegas, for which he received a life
term. He was convicted in Texas of
strangling three Dallas women in 1980,
and was also given a life sentence for
those killings.

ide of PA Per, ar.

tle ne

i it
\ ge , Cole would be the first to
" stopped using the gas chamber in 1979.

See. MELT

‘prevent his death. *
* Marshall said last week Cole is ready to
‘die because he believes he will kill again

See KILLER, page 2C


Psychologist
receives OK :
to examines:
killer’s brain
k iller's brain
CARSON CITY (AP) — Death Row

inmate Carroll Edward Cole, convicted of
killing ive women, has agreed to let doc-

to’ ine hig brain after his execution —
Friday. | of i i. om “ oo

The ination will be to see whether
_there’s ical reason for his murder-
ous ra ’

{ Payee ogist Jan Bruener of Las Vegas :
said Monday she talked with Cole, 47, 10
days ago and he a hgg to allow an 4
,autopsy jin which brain will be
removed and x for lesions, holes, '
cuts or signs 0 cet RD gee dames
The, work will be done by. nationally ;
pao peat Lonnie ‘Hammar-
gren s Vegas. Migs ts Heap Seto
. Bruen said that depending on the #
‘results she hopes to produce a@ research |

r on Cole's case, # a0 1 Stet tinh

le, who canteens 4 Ry yeohorty i A
told a psychiatrist he ti) 4
‘the years,has said won't dopant Dec. 6

q

‘execution by lethal injection because uy
just, mess my life so bad that I just’

in, 4
strangling three
Cole was extra-,
ed

Ai a8 at ROE eae A a
ner gaid shé has read of studies
* showing that some people who commit!
n suicide have brain lesions and she wants

‘spree as a ‘

. Rene AAtete— FOUracd

Cole to be executed
: Y state on Friday
1A-a-F$—

f ARSON CITY — Carroll E. Cole, a

multiple killer who says no woman is
safe in his company, wants to die. The
wt of Nevada soon will fulfill his
wish.
At 2a.m. Friday, the 47-year-old
drifter is to be put to death with a
lethal jnjection — the first execution
in six years in a far Western state.
Cole, who has killed at least 13
people — most of them women he
strangled — has spurned all offergto ©
appeal his case. i
@ is to be executed for the Nov. 4, ,
1979, strangling of Marie Cushman, a
en he picked up in a Las Vegas

f;

Cole was previously convicted
killing Catherine Blum in Las Vegas
in 1977 and was sentenced to three life
terms for slaying three women in
Dallas in 1980.

Describing his nine-year murder

frightening experience,”’
le has described himself as a

oe

‘as em to society.

know I’ll kill again if I get out of

-prison. No woman is safe with me,”

said in one interview.

Death for Cole will come in the
converted gas chamber of the Nevada
State Prison.

There has not been an execution in

: the 13 far western states since 1979,
, when Nevada sent Jesse Bishop to the

pas chamber. Since then, Nevada’s
aw has been changed to require lethal
injection. vif

ere has been no special watch put »
on Cole because — despite his stated

‘death wish — he is “‘not suicidal,”

said Warden Harol Whitley.
Cole has been described as a
“constant complainer’’ by counselors
at the prison, but the warden said
there have been no disciplinary )
problems.
“Within reason,” any wish for a last ,

" meal will be granted, Whitley said.

Authorities link Cole to 13 killings.

“to determine whether Cole has such estan il oy alain smamaaias: -%

 Jesions in what are known as “rage cen- ~~

{

' 7 See KIGESS nage ' created when people drink heavily over
f te ss ory 2¢ extended periods. sche
Geet | Witt Ua Greate be aes Ble She also said the researchers will loo

- ters” of the brain’
"ln research on animals, she said

y

: centers when stimulated would send the | —

Is “into absolute rage.” 43

at uenee also said she'll valor Pid if
idence of a iof epileps -

ft feats itself tay in ba who drink and)”
:) for holes or_cuts \ e brain that are

‘ evidence that the battering Cole
vested from his mother may. have
these caused brain damage.

“we're trying to advance the science to
~ gee if we can tell what is going on with
these kinds of people,” she said, adding
that much of the emphasis until now has
been on. sociological explanations for
criminal behavior.

a


. STATE v. RHODIG ...

ee ee "Cite as 707 P.2d 549 (Nev. 1985)

in sexual intercourse and he then strangled
her with his hands and a piece of cord he

_ had jin his pants pocket... He has. no‘ re-
morse for this murder or any of the many
others he ‘has committed. “Except for an
eight or nine-year-old childhood companion,

all of Cole’s victims have been women.
Cole has fréely admitted that he would kill
again if given the opportunity. ‘In refusing
to allow the trial court’s amicus counsel to
put on mitigating evidence, Cole stated:
“There’s nothing good about me.” Counsel
appointed for this appeal states: =
 _ 1 am now in my 27th year of the practice
of law before the Nevada Bar, including
_wide experience in numerous homicide
cases. Never before have I seen or
known a man who so justly deserves to
die‘ or who s0‘completely wants and de-
- sirés ‘to have the penalty of death exe:
‘cuted upon him, as punishment for his
" ¢erimes’ generally ‘and “more ‘specifically
for the murder he ‘committed in: this’
state.: S434 tiry Hee, :3 29
‘We conclude that the sentence of death
in this case is neither excessive nor dispro-
portionate to the crime or defendant. See
Deutscher v. State, 95 Nev. 669, 601 P.2d
407 (1979); Bishop v. State, 95 Nev. 511,
597 P.2d 273 (1979). Based on the fore-

' going we hereby affirm Cole’s conviction of

first degree murder and sentence of death.

Sere

W
‘° Exty NUMBER SYSTEM
T :

the"‘marshal’s knowledge that he’ received
payment for official services’ not’ actually
rendered was established by his signature
on. arrest warrants ‘of ‘individuals ‘with
‘whom he: had no~conduct and, : theréfore;
the trial court erred in entering a judgment
of acquittal. 3s SHOE TN:
“Reversed ‘and remanded © with’ di-
rections.*: 9° se eh STeurise

1, Municipal Corporations €183(4)
Sworn deputy city marshal. supervised
by city marshal was “public officer” for
purposes of statute prohibiting public offi-
cers from receiving compensation for offi-
cial’ ‘service which has’not been’ actually
rendered. » N.R.S. -193.010, subd: ‘16, 197.-
110. Bitheh SELF i
_ See publication Words and_ Phrases
for other judicial constructions and
definitions. — '
2. Officers and Public Employees ¢=122
Evidence supported jury’s determina- '
tion that sworn deputy ‘city marshal re-
ceived compensation for service of ‘arrest
warrants and that he did not actually per-
form official services for which he received
compensation: © N.R.S.-197.110.

3. Officers and Public Employees ¢=121

_ Conviction of public officials for receiv-
ing compensation for official services not
actually rendered requires that officer have

Nev. 549 -

ficient on the element of knowledge. . State
appealed. The Supreme Court held’ that

-—

2. Whether or not the defendant or. cision.

ene becca . cavely’" waives ‘the Sp!
“his counsel affirmatively waives the ap
peal, the sentence ‘shall be reviewed on
«the record by the supreme court, which
~ghall consider, in a single proceeding if
‘an appeal is taken: > - 334
- (a) Any errors enumerated by way of
appeal; :
(b) ‘Whether the evidence supports the
. finding of an aggravating circumstance
or circumstances; are
.  (¢) Whether the sentence of death was
imposed.under the influence of passion,
prejudice or any arbitrary factor; i and
’ \:.(d) Whether the .sentence of death: is
"excessive or disproportionate to the pen-
alty imposed in similar cases in this
state, considering both the crime and the
defendant. -  -° - nit ade Ss
3. .The supreme court, when. review
ing a death sentence, may: He,
" (a) Affirm the sentence of death; ... .
(b) Set the sentence aside and remand.
the case for a’ new penalty “hearing:.
(1) If the original penalty hearing was
_ before a jury, before a newly empaneled
jury; or. : P
.. (2) Ifthe original penalty hearing was
before a panel of judges, before a panel
_ of three district judges which shall con-
. sist, insofar as possible, of the members
of the original panel; or

¢ 2.8 aqinoad i” ess Fo. qehann
[3] « Although this court's order required

" only that Cole’s appointed. counsel: brief the

uestion of whether Cole’s waiver of ap-
weal was valid, it appears, that thie ce
must inquire further., Paragraph 2 of Nt
177.055 requires this court to. review cer
tain issues where a judgment of death has
been entered, regardless. of an attempted
waiver of appellate review.

Whether the evidence supports the find-
ing of an aggravating circumstance or
circumstances. = li, me a
[4] AS the sole aggravating circum-
dase the orton pan found, pursu-
ant to NRS 200.033(2), that the taurder was
committed by a person who was previously
convicted of another murder or of a felony
involving the use or threat of violence to
the’ person’ of ‘another. “The: panel an
enumerated three murder convictions <
Cole from Texas, a guilty plea and judg-
metit of conviction of a separate Las bee
murder, ‘and a conviction of assault: wi .
intent to kill in Missouri. The panel faile
to-find any mitigating circumstances. © The
record supports the panel's findings in re-
gard to both the aggravating circumstanc-
es and the absence of mitigation.

; é‘ = i th. was im-
Whether the sentence of death. '
posed under the influence of -passion,
prejudice or any, arbitrary factor.

a on
- BAR Nev. 707 PACIFIC REPORTER, 24 SERIES os
cibschige 2 gq bg See Bia al OF the . waive his “right to, appeal and wi h f ;
“within, ede after the rendition of me nowledge of the consequences of that de-
judgme } Mele the aera W* vtret 3 2

knowledge of payment for services not ren- |
Fede

Po ome : weitere se BFC but does not require knowledge that,
1b: ete # mama, oi, vot. ID Sat pe ESR or eae monied NRS

& #3
“IN Vt Se

: th and oF
A), Set aside the sentence of death, yogey © is novinditationthat anydMn os
pee sacatence of mpriopmept A965 52161 There. waundienionsai SEE -

sa fan hg che we ee

TATE of Nevada, Appellant; °
Russell D. RHODIG, Respondent.
No. 15677.
Supreme Court of Nevada.
~s Oct. 22, 1985.

After’ jury convicted a sworn. deputy
city marshal of misconduct of.a public offi-
cial, the Second: Judicial District Court,
Washoe County, William N. Forman, J.,
entered a judgment of acquittal on the
ground that the evidence was legally insuf-

193.010, subd. 12, 197.110.
4. Criminal Law €552(2)_

State of mind need not be proved by
positive or direct-evidence, but may be in-

- ferred from conduct and facts and circum:

stances disclosed by evidence.

5. Officers and Public Employees ¢>122

-« Sworn deputy city ‘marshal’s: knowl-
edge that he received compensation for of-
ficial services not actually rendered was
established by. marshal’s‘ signature on ar-
rest warrants for individuals who had. no
contact with marshal. N.R.S. 193.010,
subd. 12, 197.110." ~

life without possibility of parole... :
_As review of the first paragrap

Fat a party who had pleaded not guilty
or not guilty by reason of insanity may
waive his or her appeal by an affirmative
action. This paragraph makes no refer-
ence to a party that has pleaded guilty, but
it is logical to infer that such. a party
would, at a minimum, have the same right
to waive appellate review. NRS 177.066

provides that in actions not covered by -

055, a | irty days to
NRS 177.055, a party has thirty days
appeal a judgment to this court. Certainly

_ Cole missed that deadline. We conclude
that he did so purposely, with the intent to

decision. Indeed, great care was taken to
insure that Cole was given a wag
based on the facts.and law.. The. tria
judge even went so far as to appoint ys
amicus counsel for the court, in addition
Cole’s standby counsel.

Whether the sentence of death is excessive
or disproportionate to the penalty im-
posed in similar cases in ‘this state, con-
sidering bo
Se:

[6] Cole admits that after he and the

victim went to a motel room they engaged

the crime and the defend- :

“Psychologist Jan, Biuaner of |
Las Jegas said Tuesda' that Cole |

has agreed. te let® ‘doctors. remove, I Sy
his brain after his execution and _
examine it for cuts or lesions to.

see if there is any link to his
criminal behavior.

Bruener said a, research article
10° years ago suggested a. link

between people who committed

suicide and malfunctions Of the

, brain.’

Cole, ‘she said, is “far more at.

; peace” now and is ready to die.
Bruener’ was hired by the state —
a aS Skin’ /z-

%

Las Ke.

~1reaTIew dl,

18 months“agoto examine Cole,
’ who: was on trial then for his
mental competency; She said then
he ‘was defensive but has now
Opened up more. 3
“He didn’t want to kill,” she
said. ‘He kept checking” into

last week.

Cole has admitted killing at
least 13 women after making love
to them. :

« The execution is set for 2 a.m.
Friday to discourage those who

would protest against the death |

. penalty. Cole has refused to ap-
- peal his case and Says he wants to
die.

“Bruener: said she hopes the re-

Lf,

IO

rae Vegan, Werada.

E Cole will donate brain after Friday execution —

c CARSON: CITY (UPI) = Con-*
-demned killer Carroll Cole,
scheduled to be executed Friday,
“AS: dgnating’ his brain to medical
: research.

‘Search could: further explain
criminal behavior. There has been
research on rats, she said, in
which the brain was stimulated .
~- sending ° them” into an “absolute
rage. owen

chiatric “hospitals: and, jthey —
*, kept ‘releasing him.” e
“She said she talked with him


Coté, Caneel

COLE v. STATE 25

igha-

ev. 545

Cite as 707 P.2d 545 (Nev. 1985)

Douglas County properties owned by Kroe-

ger, there is no specific finding that notice

was sent on Lots 63 and 75. Additionally,

Douglas County admitted in a response to
request for admissions that the requisite
notice for the sale of Lots 63 and 75 had
not been sent to Kroeger. This admission
was not withdrawn when Douglas County
amended its answer to assert the defenses
of. res judicata and collateral estoppel:

[2] “In determining whether a summa-
ry judgment is proper, the non-moving par-
ty is entitled.to have the evidence and all
inferences therefrom accepted as true.”
Johnson v. Steel,: Incorporated; 100 Nev.
at-188, 678 P.2d at 677; see also Nehls v.
' Leonard, 97 Nev. 325, 630 P.2d 258 (1981).

Looking. at the facts in.a light most favor-

able to: Kroeger, there still exists a genuine
issue as to the fact of notice. Accordingly,
the judgment of the district court is re-

~ versed and the case is remanded for trial:

© © KEY NUMBER SYSTEM

4qaumMs

ati & Shee hehe

Carroll Edward COLE, Appellant,
Vv.
The STATE of Nevada, Respondent.
No. 16070.

‘Sapien Court of Nevada.
Oct. -22, 1985. .

'. Defendant was convicted on plea of
guilty to first-degree murder in Eighth Ju-
dicial District Court, Clark County, Myron
E. Leavitt, Richard J. Legarza and Norman
C. Robison, JJ., and was sentenced to die.
Defendant refused to file an appeal of his
sentence, and Supreme Court ordered coun-
_ sel appointed for him to resolve question as
to whether defendant’s waiver of appellate
' review was valid. The Supreme Court held
‘that; (1) defendant’s waiver of appellate
review was valid, and (2) defendant’s death

sentence conformed to. statutory . require-
ments.

Affirmed.
SIRES
ORRE
1. Criminal Law 1026

ipo Be Sas

for first-degree murder conviction: was
competent, to decide that no appeal of sen-
tence bé filed on his behalf, where court-ap-
pointed attorney’s affidavit stated that de-
fendant stated in “clear and unequivocal
language';,that he desired that no appeal of '
death penaity sentence be pursued and that

his case should be expedited through. court

system. aN,R. S. 177.055.

» Criminal Law €1026

Failure of first-degree ‘murder defend:
ant sentenced to. death penalty to.meet
deadline. for review of death penalty sen-
tence was purposeful, with intent to waive
right to appeal and full knowledge of con-
sequences.of that decision, where evidence
showed defendant told his attorney that he
did want. to pursue an appeal, but wanted
his case to be expedited through court sys;
tem. N.R,S. 177.055, 177.066."

3. Criminal Law ¢1026

Notwithstanding defendant’s attempt-
ed waiver of appellate review of death sen- -
tence, appellate review of whether evidence
supported ‘finding of aggravating circum-
stances,:whether death sentence was: im-
posed under influence of passion, prejudice,
or any arbitrary factor, and whether death
sentence was excessive or disproportionate
to penalty imposed in similar cases in state,
considering both crime and defendant, was
required.’ N.R.S. 177.055. -

4. Homicide e354

In reviewing death sentence of defend-
ant convicted of first-degree. murder, find-
ing that,  defendant’s three murder convic-
tions from. Texas, guilty plea and judgment

of conviction of Las. Vegas murder, .and

conviction .of assault with intent to kill in
Missouri, were aggravating cireumstances,
was supported.


*

~

tee

Tere 5 weigh the’ ageravating "eine fivtaiaage ©

- ; oyenigy , COLE.Y. STATE.) |
© “etbe us 707 P.2d 548 (Nev. 1985)

1. That the defendant, Carroll” Ed-
_Ward Cole, was found guilty’ and convict
ed by a jury in the State of Texas of the
murder. of Sally Thompson, a human be-
“ing, by’ strangling ‘her with ‘his: hands.
“TL. That ‘the defendant, ‘Carroll Ed-
“ward Cole, was found guilty by a jury
_ and convicted in the'State of Texas of the
murder of Dorothy King, a human being.
by strangling her with his hands.‘ :
III. That the defendant, Carroll Ed-
ward Cole, was found guilty by a jury
“and convicted in the State of Texas of the
murder of Wanda Faye Roberts, a hu-
man being, by strangling her with his
IV. That the defendant, Carroll Ed-
wards Cole, pled guilty in the State of
Nevada to the crime of murder of Kath-
lyn J. Blum, a human being by stran-
gling her with his hands, and a judgment
of conviction was entered therein.
_¥.. That the defendant, Carroll Ed-
; ward Cole, pled .guilty. in: the State: of
Missouri to assault with intent to kill and
was convicted of attempting to strangle
Virginia Rowden, a human being...
Further, the undersigned judges, and

each of them, find that there has been-an -

absence of any mitigating circumstances
set forth in NRS 200.035.
The undersigned judges, and each of
them, state therefore and find beyond a
reasonable doubt, that there are no miti-

ja Gating. circumstances. sufficierit. ‘to “outs

found as set forth above.

Now, therefore, good cause appearing,
the undersigned judges having a unani-
mous vote therefore, set and impose
upon Carroll Edward Cole, a sentence of
Death, said sentence to be imposed and
executed pursuant to law.

On October 12, 1984, the court entered ‘a
judgment of conviction and sentence of
death. As stated above, Cole failed to ap-
peal. his conviction or sentence. On April
25, 1985, this court entered an order direct-

‘ing the district court to appoint counsel for
Cole to address the issue whether Cole had
validly waived his right to appellate review.

Nev. 547
“Attorney Edward G. Marshall was. then
appointed and has filed a ‘comprehensive
brief with this court. Sy ee

Whether Cole has validly waived his right

to appellate review... Bean
The threshold issue in this appeal con-
cerns Cole’s obvious desire not to engage in
any activity (particularly an appeal) which
might. delay or prevent his execution. In
order to stand, Cole’s decision to forego
any appeal of his death sentence must be

shown to be intelligently made and with

full comprehension of its ramifications. -

. -From the record it appears that Cole is a
fairly intelligent individual with a penchant
for murdering women. Two psychiatrists
have found him to have been sane at the
time of the murder which ‘constitutes the
basis of this appeal. Those psychiatrists
also found Cole to be mentally competent
at the time of their examination: :

“Much of the brief filed by Attorney Mar-
shall is comprised of an affidavit by that
attorney. In that affidavit’ the attorney
states that he has had extensive discus-
sions with Cole and found him to be. con-
sistent in his desire to be -executed. In
“clear and unequivocal language” Cole con-
firmed to Marshall that “he did jndeed de-
sire that no appeal whatever be pursued as
to his murder conviction with a death pen-
alty sentence, but that his case be expedit-
ed through the court system.” (Affidavit
of counsel, App.Opn.Brf.;..15,:16).- iti, na

‘Stiy there Should be “hd question that
Cole was competent to decide, and did in-
deed decide, that no appeal be filed on his
behalf.” The: version of NRS 177.055 in
effect at the time of Cole’s crime and sen-
tencing reads as follows: ~

177.055 Automatic appeal in certain
cases; mandatory review of death sen-
‘tence by supreme court.' ;
1. When upon a plea of not guilty or
not guilty by reason of insanity a judg-
ment of death is entered, an appeal is
deemed automatically taken by the de-
fendant without any action by him or his
counsel, unless the defendant or his
counsel affirmatively waives the appeal

SSO pf guilty to-first degree murt

546 Nev.
5. Homicide 354°) 2

In reviewing death sentence of defend-

ant convicted of first-degree murder; there -
was no indication that death sentence was
imposed under influence of passion, preju-

' dice, or any arbitrary factor, where. great
care was taken to insure that defendant
was given sentence based on facts and am:
and trial judge appointed amicus counse
for court in addition to defendant's standby
counsel.

6. Homicide 354 © — ae
‘Death sentence for defendant convict-
ed of first-degree murder -was not exces-
sive or disproportionate to crime or defend-
ant, where defendant admitted he stran-
gled victim after engaging in sexual inter-
course with her, had no remorse for. this
murder or other murders he committed,
and’ freely’ admitted that he would kill
again if given the opportunity.

Edward G.'‘Marshall, ‘Las Vegas, for ap-
pee eS ee cn

Brian McKay, Atty. Gen., Carson City,
Robert J. Miller, Dist. Atty., Las Vegas, for
respondent.

OPINION

PER CURIAM: ; ,
«Carroll, Edward Cole, convicted ona plea

sentenced to die. Cole refused to file an
appeal of his sentence, and this court or-
dered counsel appointed for him to resolve
any of the questions as to -whether Cole’s
waiver of appellate review was valid. We
conclude that Cole’s waiver was valid and
that his death sentence conforms with the
requirements of the laws of this state.

Cole was charged with the first degree
murder of Marie Cushman in Las Vegas.
On advice of counsel Cole entered a plea of

not guilty by reason of insanity. Cole was .

examined by several psychiatrists, ‘all of
whom agreed that Cole was not insane at
the time of the crime and also that he was
mentally competent to be tried. Thereafter

707 PACIFIC REPORTER, 2d SERIES
| Cole changed ‘his plea ‘to guilty of first

degree murder.) °°»

gen pats
viana ibis, 20 hag £9 god ue tres Jars
“At Cole’s insistence and ‘after extensive

tis Gas tie. “eS we ptt 1 2 ali-
uestioning as required by Faretta v. Cal :
fornia, 422 U.S. 806, 95 ‘S.Ct.’ 2525, ‘45

L.Ed.2d 562 (1975), the district court al-

-lowed Cole to proceed to the penalty hear-
ing without counsel. Nevertheless, the dis-
trict court appointed standby counsel for
Cole should he wish consultation at ‘any
time prior to or during the hearing. ‘The
district court also appointed separate coun-
sel to. serve as amicus curiae for the three-
judge sentencing panel.

At the sentencing: hearing Cole refused

= t ** * t
to object to any evidence offered agains
him. Furthermore, Cole refused to present
any mitigating circumstances and objected
when the: amicus counsel attempted to do
mt af eSOTS! fel

: m Cole’s own admissions he has killed

at least 18 people. He expresses no re-
morse for these murders and freely admits
that, given the opportunity, he would kill
again:

I was drunk, but that’s still not an ex--
cuse. I was in my right mind. I knew

- exactly what I was doing and I’m not.

sorry for what I did and I have no re-
morse. tat ;

This has been a very frightening experi-

ence for me because I know that I would

me.
Cole also admitted that if given a prison

- sentence instead of death, he would make

every effort to escape because: “I: don’t
think anybody likes to do the rest of their
time in a penitentiary....”-

_ Cole expressly requested that he be sen-
tenced to die. After the statutory penalty

hearing the three judge panel made the —

following findings: .

* The murder was committed by a per-
son who wa previously convicted of an-
other murder or of a felony involving the
use or threat of violence to the person of
another:

pc x

Y

Strangler Who Slept With His Victims

(continued from page 61) : Fey

‘Cole and then contacted the half-way house at

the address given by the suspect. He was told
that Cole was still registered and that his be-

“longings were still there. The Dallas officer’

requested that his interest in Cole be kept in
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confidence. He didn’t wish to spook his quar-
ry. He then arranged to have the residence”
surveilled and within several hours he was
notified that Cole had returned to the premis-

es.
Shortly afterward, Detective Robin took
Cole into custody at the half-way house for
ex-cons and proceeded directly to police
headquarters. Cole was’ passive and offered
no resistance. In fact, he didn’t even ask why
he was being arrested. It was as if he already
knew. Knew that someday he'd slip, make
some error and then it would-be all over.
After being led into an interrogation room

’ and told to make himself comfortable, Cole

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- asked fora pack of Pall Malls. Robinson was

low on cigarettes himself, When the question-
and-answer session was: over both ‘had
smoked an entire pack apiece. °

As usual, Cole was quite talkative, even
loquacious. He’d been arrested in many

places for many things. excluding murder,
and he’d been totally cooperative. It wasn’t .

any different now to the utter amazement of
the arresting officer. After -having been
advised of: his rights, Cole ;exclaimed,: *'l
need help!’ Then he launched i into a lengthy
dissertation during - which: he: confessed to.
twelve murders over the past’ decade, includ-:
ing the nine deaths which have been outlined
herein in calendar ‘sequence plus two more
which were-never officially confirmed.
Detective Robinson was a very busy man
that Monday night. After several hours with

the suspect in the interrogation room, he was «

obliged to draft numerous teletype messages
to law enforcement agencies in California,
Wyoming, Nevada and elsewhere.throughout
the U.S. requesting them to check their files

‘and records in an effort to document pixie:

macabre admissions.
In essence, he’d described it this way. He’ d
met all of his victims in bars. He'd been

“Tepulsed by their aggressiveness and their

sexual overtures. Without exception, accord-

-ing to his version, it was they who were mag-

netically drawn to him, attracted by his charm
and virility. They’d reminded him of his
mother whom he’d professed to hate because
she cheated. on his father in much the same

| way and he succumbed to the urge to destroy.

them. ~
Cole was formally charged with murdering
Wanda Fay Roberts, Dorthy King and Sally

' (continued on next page) —

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Thompson, hi
After the usua!
to trial in Dal
authorities ha
terested in fol!
that he’d stran
includg \
Count
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lene ‘‘Teepee’
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was quite talkative, even
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r sequence plus two more
- officially confirmed.
nson was a very busy man
it. After several hours with
interrogation room, he was
umerous teletype messages
ont agencies in California,
ia and elsewhere.throughout
ng them to check their files
effort to document Cole’s

cribed it this way. He'd
soak is in bars.. He'd been
r aggressiveness and their
Without exception, accord-
. it was they who were mag-
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»y’d reminded him of his
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‘rts, Dorthy King and Sally

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Thompson, his last three unfortuante victims.
After the usual sanity hearings he was brought
to trial in Dallas in April, 1981. San Diego
authorities had stated that they weren’t, in-
terested in following up on Cole’s admission .
that he’d strangled at least three victims there
including his wife, Diane Fay Cole. Natrona
County S.O. officials inferred ‘that they'd
waited five years to solve the slaying of Myr-
lene ‘‘Teepee’’ Hammer and that they were
content to wait a while longer. Las Vegas,
Nev. dispatched two detectives to Dallas to
query Cole in regard to the two killings he'd
admitted to having committed in the gamb-
ling mecca.

All nine deaths were officially confirmed.
although three of the deaths involved were
attributed to alcohol abuse and were not even
classified as homicides. At least Seven ofthe
nine known victims were known to have been

‘ drinking heavily prior to their demise.

One gruesome murder to which Cole con-
fessed and which was never officially veri-
fied allegedly took place in Oklahoma’ City
around Thanksgiving, 1976. On the witness
stand while under oath, this mass slayer told
how he’d met a 30-year-old woman with jet
black hair in a bar. He’d screwed up his face
in concentration finally saying he just

-- couldn’t recall her name. He took her to his

apartment,and killed her. The next morning
he awoke ina haze and found her body in the

bathtub with a chunk of flesh excised from her

buttocks. In.the kitchen he found a skillet on

oe

‘ the stove containing left-over pieces of meat

he’d cooked the night before.

He described how he’d calmly dismem-
bered the cadaver and disposed.of the pieces
in a dumpster outside the apartment in the
alley.. Oklahoma City police rejected the

. Claim, saying. they had nothing in their files

on such a case and citing two murder cases
there involving a victim found in a vacant
house and another who'd been murdered in

‘April, 1979, citing thé fact that'‘Cole was in

jail when both bodies were found. This may
have been so, but Cole mentioned nothing
about leaving a body in a vacant house nor of:
killing a woman named Arley Bell Killian in
April, 1979. Everything else he’d confessed
to had fairly well jibed. j

Cole also admitted to having intercourse
with King’s corpse some 24 hours after her
death and to having slept two nights with the
body. He said he was disgusted with himself.
Yet within 24 hours after he’d left the bed

“where he’d slept for two nights with a corpse,

he’d raped and strangled Wanda Fay Roberts
in a parking lot driveway.

'. The mass slayer minced no words in stating
that he’d strangled more women than he could
remember. He was able to recall nine victims
by, name and two others whose names he
could not recall. Not once had he been sought
in connection with. a slaying until he mur-
dered 32-year-old Wanda Fay Roberts. Cole
spent-four hours on the witness stand during

-his trial. He and his appointed defense attor-

ney based their contentions on the defen-
dant’s alleged insanity and his all-consuming
hatred of all women predicated on the pre-
sumed transgressions of his errant mother.

Cole blew it all sky high when, while on the
stand, he rasped out the following statement
while being questioned by Assistant District
Attorney Mary Ludwick: *‘I’ve got this all in
me. It’s always with me. Right now it’s (the
urge to strangle and kill, rape, etc.) directed at
you.’’

The female prosecutor blanched, then shot
back, ‘‘Why haven't you’killed me then?”’

Cole paused, his fingers flexing then he
relaxed slightly and replied, ‘*Well, this is a
controlled situation and I can control it (the
urge to kill) to a certain extent.”

The jury required only 25 minutes to find
Cole sane and guilty of three counts of mur-
der. Cole stood emotionless and void of any
trace of remorse as District Judge John Mead,
ignoring Cole’s plea for the death penalty.
sentenced him to three life terms, one to run
consecutive to two which would be served out
concurrently. It sounded harsh. In reality,
Carroll Edward Cole, a self-confessed sadis-
tical, homicidal necrophile with a penchant to
feast upon the flesh of his victims, could be
eligible for parole in about 12 years.

‘Lonely women with a yen to drink and who
perhaps harbor a latent death wish — beware
of the year 1994 and of men around fifty-four,
especially if he tells you he’s Eddie!

63


— ~ . = — : TT See I aL ne ES

hi

_ He liked to ‘swing’ both ways...

SRPEsEpp2ESRESEGESTEBSESESGHTSESTIEQUSEDEULOTOOBOATOSEOTIG} STOARE ISSUER ECE ASSTRSTALSRORTEAG

+h * Sy,

go ‘2. aoe

‘ ie ey «|
rie Tage BY : , : j
ad ~ .

age P53 rid fe see Fe On “ ‘ AES EY Sata :

2 < . ™ a ¥ 3 . : 7

Refusal to accept Cole’s offers

meant women were stripped
naked and manually strangled.

I] TOqTUM *TTorae9 ‘TOO

end
i@
a
i |e
te ’ |
* . pee cee ‘ " = var’ ee ini S rio ; i
TERN PH Rae 33th ip
b i r " SS eee all eae ee ss Fite
<< 1 time waitress had been '# E
‘<> > [<a real beauty. Her na-_’ Fy
‘®-* turally auburn-colored hair, | : <
; -., long slender legs, and fre- BN AL Leaviti & detective assigned toma °

- ekled-faced innocence turn-

} ~ ed the eye of every truck dri- A * the Las’ Vegas Metro police homicide
‘

detail, was at home at 8-o’clock on
Saturday morning sipping his second
cup of coffee when the phone rang.
The caller was Lt. Beecher Avants,

_. ver and gambler on the Las .
“Vegas Strip. She wasn’t so
= pretty when police found her

. naked body lying in a back

TL

head of the Metro homicide detail. The
two were good friends, but this wasn’t

alley, her breasts smeared | ; as a Sas Rpia 58

: a social call. “<2 95 7 What happened?”’ Leavitt asked.

with blood that had splashed “We got a bad one,” the lieutenant The detectives went to the mouth =

from her gaping mouth. began pegs : of the alley where the body of a _ ; oe
late 20s, about 5 feet-4 inches tall and

. Her senseless murder caused scream-

* < ng headlines in the Las Vegas papers,

but the confession of her murderer
would be even bigger news. =

**T strangled her,’” the killer
confessed. ‘‘I think I had sex with her
after she was dead, though I can’t
really remember. She did have these
boots on.” : e

He blamed his faulty memory on
alcohol and the number of his crimes.
By his own estimate, he killed at least
12 and possibly as many as 35 women
during a nine-year binge of booze and
violence. Some of the women were
killed in the privacy of their homes,
others were tortured and dismember-
ed, and at least one — the killer again
claims faulty memory — was cut up
into chunks and eaten.

**I was drunk, but that was no
excuse,”’ he told a Las Vegas prose-
cutor. ‘‘But I am not sorry for the
killings. I have no remorse and I know
28

SEPTATE

z

‘

SHEER HTTET

:

:

I am going to go on killing if I get out
of jail.’

For awhile, lawmen across the
country were afraid he would do just
that. ;

May 14, 1977, fell on a warm
Saturday in Las Vegas, Nevada. It was

Killer of a dozen women, Carroll Cole confessed cutting
the breasts off one victim and eating them. =

Attia mtrstiipie retire

a transitional time in the city of light
with the big conventions already gone
and the summer tourists in the RV and
mobile homes still a good month away.
To the surprise of no one, the hotels
were half full, and the Strip for once
was not bumper to bumper traffic.

Peboniteayitecsticebictiiesteisi lier icetittcstrceretet reat t 3

4

Leavitt took a ball point from his
shirt and scribbled down an address
on a pad of paper by the phone...
Minutes later he was in his car and
racing along the almost deserted si
towards The Strip. ;

The 200 block of West Cleveland
Avenue is a short street of small bars
and businesses near the Las Vegas ~
Strip north of the Sahara Hotel. The.
alley had been ‘blocked off by black
and white police cruisers and a small ’
crowd of spectators had formed a
semi-circle in front of the hastily
erected barricade when Leavitt pulled
his sedan up next to the medical
examiner’s van. Leavitt cut his way
through the crowd until he found the
other detective assigned to the case,
Joe McGuckin.

On the witness stand, Cole

recounted how his strange

appeal to pretty women in bars
lured them to their deaths.

woman lay on her side underneath an
oleander tree. She was in her mid or

115 pounds, and had bright auburn
hair that fell past her shoulders. She
was nude. ; 5
. The body was discovered by a
. middle-aged woman out walking her
dog. ‘‘She was on her side and didn’t
have a stitch of clothing on,’’ the
witness later told the Las Vegas Review

Journal. ‘‘She was kind of a mess and-

her throat was slit from ear to ear.”’

There was a great deal of blood on
the woman’s breasts and chest, but she
had not been stabbed or had her throat
slashed. Rather she had been strangled
with such force that blood vessels in
her throat had ruptured, causing blood
to gush from the mouth. She had been
dead about six or eight hours.

The case was a puzzler right from
the beginning. The woman’s clothes,
a pair of glasses and a rosary were
found at the scene, but no identifica-

(continued on page 37)

2s -

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Love Triangles With A Warlock —

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= «(continued from page 35)

‘Even ieeugh ee ‘would have you
believe it was over, the fact remains
that she cherished the gifts he gave her.
She kept everything he gave her. » +

“This case could have been over in

‘one day if Mr. Brennan had presented

witnesses who said something,’’

Johnson asserted. “He has loaded the
case with people who have said
nothing.’ <

ae Rat Ga — he et

«<The following day, it. was the
prosecutor’s turm.to sum up, and
. Brennan labelled Lennon as ‘‘a person

with the motive, the opportunity and

"the means to have killed John Hess. Be o>

MA self-claimed marksman, Brennan
said, Lennon had possessed a gun

: similar to the missing murder weapon.

He never lost his obsession for Mary

Hess and by May of 1982, he was “‘out .
~ of control’’. when she rejected his

advances pleas to continue their ae
On Thursday,, Dec. 6, the jury cf
eleven men and one woman retired to

‘ ponder the admittedly circusistantial

case against Donald Lenno«: which his

lawyers had so wre tried to ;
. demolish.

After four ‘gud 3 a half haere. the
jurymen reached their verdict —- Do-

“ald J..\Lennon was guilty of first-

degree murder. In Massachusetts,’ it
is mandatory that first-degree con-
victions be appealed to the: state
Supreme Judicial Court. aire
Lennon’s wife had left me court-

house only minutes before the verdict
was returned, having expected the jury
would remain out much longer. Mary
Hess. tefused any comment. But the
opposing lawyers who had wrangled
so bitterly during the trial were willing

: __ to make remarks. “3 eas
£ Prosecutor Brennan: “| think it’s was A
a very fairly conducted trial. It was a -—

* "reasonably fast verdict, and the jury
paid very close attention to the
, I thought... When you

“put it all together — the car, the.

casings — it all stacked up against

Johnson: “'5 did pot think there was

Seughk credible evidence (for the
verdict). I didn’t expect a decision as

quickly as this. I felt the case was built eee

on evidence that did not even rise to
the extent of circumstantial evidence.

“I felt the jury did not even sive Pacts
“credence to that.” $99" RECS
+" *= And there this puzzling case sa
~ rest until Massachusetts’ highest court
‘\tules on the appeal. Either way, it will
‘be a long, long time before Donald
Lennon can live up to the promise ~~

contained in his ad in the New England

* Square Dance Caller: ‘‘You phone, Pll
call.”” = {Sessa EW

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He Raped - Them Dead Or Alive”

- “(continued from | page 29)
ton that would 5 give detectives her * Bh

yo Residents and business coke | in the
area were questioned, but no one could
identify the woman or remembered

seeing her. The area where the body ©
was found was heavily traveled by cars

and pedestrians and it seemed likely
that the victim had probably been
murdered elsewhere and then dumped
under the tree. ~~

The theory, however, did. not
explain the red marks on the victim’s
wrists, or the drag marks on the back
of her legs and buttocks.

Then another clue surfaced when a
witness said she was sound asleep in
her Fairfield Avenue home when she
was awakened by dogs barking at the
back door. She saw nothing, but was
certain that someone crossed her
backyard. ,

The detectives sietitaad the area.
Drag marks that might have produced
the dirt and markings on the young
woman’s body were discovered and
photographed.

The woman, then, had not been
murdered and dumped from a car.
Instead, the detectives believed, she
had been assaulted, strangled, then
incredibly dragged about 300 yards
through four backyards to the olean-
der bush at the mouth of the alley,
where in the full glare of a nearby
streetlight, she was stripped naked and

raped!

* The eas still did not now the
‘identity of the victim. They suspected
‘she might have been a street prostitute
who had been attacked by an enraged
trick, since the bars and small restau-
rants on the west side of the Las Vegas
Strip near the Cleveland Avenue
intersection were frequented by
hookers who worked the Sahara and
other clubs’on the east side. It was also

: a pickup spot for tricks cruising in their
\ cars. The hooker theory explained why

no one had reported the woman
missing or come forward to identify

‘the body.

The young woman was not a pros-
titute, it turned out, but an unem-
ployed 26-year-old waitress named
Catharine Joe Blum. Police identified
her through fingerprints which had
been taken and sent to the State when
she applied for the restaurant em-
ploye’s union.

Catharine had rented an apartment
in North Las Vegas, and neighbors
described the pretty redhead as a
friendly person who rarely caused a
fuss. The last time she was seen was
Thursday afternoon when she told a
neighbor she was going to walk toshe
local convenience store to buy >
aspirin.

Police didn’t know where Caliartan
went Friday night or how her body
ended up off Cleveland Avenue. She
didn’t own a car and got around town
by cab, bus and taking rides from

friends. She had no enemies.

=» Detectives took a recent picture ‘of ae
the woman from her house, had ~~
~~ several pocketsize duplicates made and * ~
then showed them to employes and .. ;

patrons of the bars and businesses near
where the body was-found.

Three weeks later and five t blocks ;

from the oleander bush where the
body was discovered, a bartender at

the Melody Club recognized the photo. _ : ;

He said the young woman had been
coming to the bar for months, usually
arriving around six.or seven in the
evening and staying until closing.
Sometimes she left alone, sometimes
with a man she met at the bar. Since
she was very attractive, Catharine had
no shortage of male companionship.
The bartender said Catharine had
been in the bar on Friday evening, May
14th, the day before the body was
discovered. He said she had come in
alone early in the evening and left
around midnight. Though she drank

_steadily during that time, she did not

seem’ drunk when she left. The
bartender said she spoke with several
men while she was at the bar but didn’t
see her go and didn’t know if she left
with anyone. .

Detectives showed Catharine’s pic-
ture to other patrons at the bar over
the next couple of weeks. They talked
to men who knew the pretty redhead
and to several lovers she met while
drinking at the bar. But no one said
anything that could put the detectives
closer to finding Catharine’s killer.

Weeks dragged into months. There

(continued on next page)

37


Tes

RESEND REE TG

SOAS ET, REIT VES ES

2 PO ee

oar AE aaa oon

ee

408 Nev. 221 PACIFIC REPORTER, 2d SERIES

made by accused and no objection was’
made thereto on ground that statements
were privileged communications and vio-
lated accused’s right of immunity from
self-incrimination, question of admissibil-
ity of such testimony would not be con-~
sidered by Supreme Court

42. Witnesses ©>209

Under statute providing that a “li-
censed physician or surgeon” shall not,
-without consent of patient, be examined as
witness as to any information acquired in
attending patient necessary to enable him
to prescribe or act for patient the quoted
words apply to a person not prohibited by
statute, regulating practice of medicine,

surgery and obstetrics from practicing in

the state. N.C.L.1929, §§ 4090-4107; N.
C.L.1943-1949 Supp. § 8974.

See Words and Phrases, Permanent
Edition, for other judicial constructions
and definitions of “Licensed Physician or
Surgeon”.

. himself.

_ L,1943-1949 Supp. § 8974.

43. Witnesses C209

Where doctor was admittedly not a.
licensed physician or surgeon of the state
when he examined accused and, received
information about which he later testified ,
such information was not privileged and
admission of testimony thereof was not
error. -N.C.L.1929, §§ 4090-4107; N.C.L..
1943-1949 Supp. § 8974.

44, Witnesses €=209

In order for physician to be incom-
petent under statute providing that a li-
censed physician or surgeon shall not with-
out consent of patient be examined as wit-
ness as to any information acquired in at-
tending patient which was necessary to
enable him to prescribe or act for patient
the relation of physician and patient must
have existed between physician and per-
son as to whose statements, symptoms, or
conditions he is called to testify, at time
when he acquired information which he
is requested to disclose. N.C.L.1929, §§
4090-4107; N.C.L.1943-1949 Supp. § 8974.

45. Witnesses 209, 211(2)

Where doctor was sent by district at-
torney solely for purpose of examining ac-.
cused in order to report upon his sanity,

relation of physician and patient did not ,
exist between doctor and accused, and in- ,

formation was not required in attending a

patient necessary to enable physician to
prescribe or act for patient and admission

-of testimony by doctor of such statements

was not error.

46. Witnesses C210

The prohibition against a physician .
testifying exists only as to information ac- .
quired in attending the patient which was.
necessary to enable physician to prescribe .
or act for patient.

47. Criminal law €=393(1)

Where insanity was interposed as de-
fense in murder prosecution and physician,
not licensed in state, was employed to re-'
port on sanity of accused and examination’

was consented to by accused, admission ..

of physician’s findings with respect there-
to did not violate constitutional privilege.
of accused not to be a witness against,

N.C.L.1929, §§ 4090-4107; N.C.)

48. Criminal law C-1t178

Where objections to admission of evi-
dence were not mentioned in accused’s.
brief, Supreme Court would assume that
no reliance was placed thereon and that |
objections were waived. — -

49. Criminal law @854(2)

Under statute providing that jurors:
sworn to try. criminal action may, at any
time, before submission of case to jury in

- discretion of court be permitted to sepa-

rate or be kept in charge of the proper
officer, jury are permitted to separate at
adjournments and recesses until case 1s
submitted to them for decision unless court
in its discretion orders them kept together
in charge of an officer during progress of

trial. N.C.L.1929, § 10990.

50. Criminal law ©=854(3) ’

Where it was admitted that accused’s.
counsel consented to separation of jury,
objections of accused thereto, if any, were

waived. N.C.L.1929, § 10990.

51. Criminal law =857(1)
Where evidence clearly established.
guilt of accused beyond all possible doubt


PCR a

STATE v. FOUQUETTE .

Shite a4 ken Dh adh ami iss

Nev.

405

Cite as 221 P.2d 404

jater date the method adopted by the court
to determine whether a fair and impar-
tial jury could be obtained was proper
and failure of defendant to renew applica-
tion constituted a waiver of all objections
to denial of the application. N.C.L.1929, §
10913.

1.’ Criminal law 61 166!/2(8)

Jury €129

Where challenges for cause by ac-
cused’s counsel failed to specify grounds
upon which they were based, disallowing
such challenges was proper, but in any
event was not prejudicial in view of un-
used peremptory challenges. N.C.L.1929, §
10948.

12, Jury €>103(11)

Where examination of jurors who stat-
ed that they had formed opinions disclosed
that whatever opinion each had was based
on newspaper articles and discussions with
persons not claiming to know the facts and
each stated that he would decide case on
evidence admitted at trial and instructions
given by court and none stated that he had
formed or expressed an unqualified opinion
or belief in regard to guilt or innocence of
accused, failure to excuse such jurors with-
out challenge was not error.

13. Jury G@l3i(tt)

Where accused’s counsel was expressly
permitted to examine juror at great length
after challenge made by accused had been
disallowed and after the prospective juror
had been examined by the prosecution and
passed for cause ruling of court that ac-
cused would not be permitted to so proceed
with any more jurors but that he must ex-
haust all his challenges for cause to a juror
before prosecution began its examination
of that juror was proper. N.C.L.1929, §
10954. .

14. Criminal law €= 1166!/2(6)

Where no prejudice results, error in
limiting the examination of prospective
jurors is not ground for reversal.

15. Criminal law €=404(4)

Where watch was identified by father
of deceased as one which had belonged to
deceased and by jeweler as one he had re-

OR eR lg th vag A pa Re Po Rage “ee” cy Ae ae oo

paired for deceased and. by: motel operator
as one which was pawned to him by accused
on day following homicide and accused ad-
mitted having had possession of watch and
of hocking it to motel operator, admission
of watch was proper.

16. Criminal law e=404(4) |

Where bank bag was identified by
manager of service station where deceased
was employed as one used for handling of
moneys received at station and by one who
testified that he found it a week after find-
ing of deceased’s body between station and
location where body of deceased was found
and accused testified that money he took
from deceased was contained in bag which
he threw away, admission of bag was
proper.

17. Criminal law 6 1169(1)

' Where bag was identified by operator
of motel as having been found by her morn-
ing following accused’s arrest, under bed
in motel occupied by accused the previous
night and at time of discovery bag con-
tained gun admitted in evidence and other
articles not admitted and accused testified
that deceased was killed with gun found
in bag admission of bag was not prejudicial
error.

18. Criminal law €=404(4)

_ Where two pieces of blood stained mat-
ting and small piece of bone were identified
by deputy sheriff as having been taken from
accused’s car shortly after his arrest and
Federal Bureau of Investigation technician
testified that stains on matting and on bone
were made by human blood and physician
who examined body of deceased testified
that deceased’s skull was shattered by bul-
let and that small piece of skull was missing
and accused testified that car from which
matting and bone were taken was car used
by him at time of killing, admission of
matting and bone was proper.

19. Criminal law €= 1036(1)

Where accused in murder prosecution
was asked during cross-examination: wheth-
er he had written bad checks and accused
answered in the affirmative and no objection
was made to admission of such evidence, on
appeal the Supreme Court would not con-

Tae oe oe

ee ere

OH) sS=—

—

fara

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Soe giana Shae gett

a mi

lemtettate


8 REE Ny ee oS RE aN A
li A BM Ce ae tne PES a

Nev.

| 406 221 PACIFIC REPORTER, 2d SERIES

sider question of admissibility of such evi- property is in the possession of the robber

scene of crime in automobile for purpose
ee of removing him to a place where he could
bibl 21. Criminal law €>824(1) eee ot P
a less easily raise an alarm and summon aid

The omission of the court to instruct j ;
the} fit ‘3 ae ‘ven are committed in the perpetration of the
wig lt adele lai Mig robbery. N.C.L.1929, § 10109.
point is not error.

beer disrcgard such testimony.

ae { dence. but the escape of the robber with his ill-
4 Hei otten gains by means of arms is as im-
Ht Hie 20. Criminal law @=824(7) 6 g Seid.
Sean iit iit | ‘ : . portant to the execution of the robbery as
iil! Where accused in murder prosecution buns ; NCL
Waeais ) til ‘ : : ; gaining possession of the property. N.C.L.
Past iti ti | did not request instruction that testimony >
|UD BS 1929, § 10109.
aa of other crimes be disregarded, on appeal
Ona accused could not complain of failure of 27. Homicide ¢>18(5)
i HW Hi | court to instruct jury on its own motion to Acts of taking victim of robbery from
1]

28. Homicide G>18(1)

When the homicide is within the res
gestae of the initial crime and is an emana-
tion thereof, it is committed in the perpe-
tration of that crime in the statutory sense.

22. Homicide ©=18(5)

ae When a killing is done in the perpetra-
tion or attempt to perpetrate robbery or any
other of the enumerated felonies it is not
essential for the. state to prove that it was

Hi ae willful, deliberate and premeditated. N.C. 29, Criminal law 2363
1 ne i L.1929, § 10109; N.C.L.1943-1949 Supp. § The “res gestae” embraces not only
HE | 10068. ; the actual facts of the transaction and the
' i % | 23. Homicide C>18(5) circumstances surrounding it, but the mat-
Hi iy Where possession of money was ob- ters immediately antecedent to and having a
ae F tained by accused at service station when direct causal veereet sor with ta: BS well
i it he held up attendant at point of gun ac- 28 acts immediately following it and so
th i fad cused then committed crime of robbery so x aad anaemia it as to form in
; Hi iH Hf far as to render himself liable to punish- '°* ses et me eo
a.) Re ree ebbety, an Sontemplas geek Tee thea iictisin ‘sointcietions
ti ‘ i tion of law, was not completed so far as otis ene tetosin of “Res Gestae”,
0) the subsequent killing of the attendant was
Hf 1 concerned until accused had secured com- 39, Homicide => 18(5)
ae plete control of the property taken from the Where accused testified that he prob- _
tb i} victim. N.C.L.1929, § 10109. ably did not secure possession and did not
ie ie fr 24. Robbery ¢>1 secure control of money until after he had
fg 43 Robbery, unlike burglary, is not con- killed service station attendant and ac-
{ i} fined to a fixed locus, but is frequently cused did not claim that he acquired con-
| i 1a H spread over considerable distance and vary- ‘tol or secured posseoneet of attendant’s
at it ing periods of time. N.C.L.1929, § 10109. watch which was admittedly a part of
6) a personalty taken in robbery before he
f i | 25. Robhery >10 killed attendant, the murder was clearly

Robbery, a combination of the crime of

within the res gestae of robbery regardless

‘ assault with that of larceny, includes, as of whether accused unintentionally killed
; does larceny, the element of asportation and deceased or whether killing was intentional. 1 i
i i the taking away is a transaction which con- N.C.L.1929, § 10109; N.C.L.1943-1949 Ss ci
i tinues as the perpetrator departs from the Supp. § 10068. bd w

} [ place where the property was seized. N.C. ‘

By i L.1929, § 10109, 31. Homicide > 18(!) | 3f

a | One who kills another in the perpet-
26. Robbery C>10 ration or attempt to perpetrate any arson, } ai
The perpetration of the crime of rob- rape, robbery or burglary is guilty of mur- rl
der in the first degree regardless of any c

?
3: bery is not completed the moment the stolen
Ho:


STATE v. FOUQUETTE

Nev. 407

Cite as 221 P.2d 404

question of whether killing was intentional
or unintentional. N.C.L.1943-1949 Supp.
§ 10068.

32, Homicide 289

Instruction that to constitute a murder
during commission of robbery murder may
occur either before or after money or loot
was actually taken from possession OF
presence of victim but must occur during
time robbery 1s being executed and that
robbery begins moment robber by force or
violence or threat thereof places victim
under his fearful domination in effort to
obtain money or property of victim and
continues as long as victim is subjected to
force or violence or threat thereof orig-
jnally applied, was proper. N.C.L.1929, §
10109 ; N.C.L.1943-1949 Supp. § 10068.

33. Criminal law €-1178

The giving of instructions which were
assigned as error but not discussed in brief
would not be considered by the Supreme

Court.

34, Homicide €2228(1!)

The term “corpus delicti” as applied
to homicide cases ‘nvolves the fact of
death and the criminal agency of another
person as to the cause of death, but the

criminal agency of the accused or, as

sometimes stated, the identity of the per-
petrator of the homicide, is not an element
of the corpus delicti.
See Words and Phrases, Permanent
Edition, for other judicial constructions
and definitions of “Corpus Delicti”.

35. Criminal law ¢=517(4)

Evidence of two furrows from high-
way to victim’s body between which fur-
rows there were large blood spots and that
furrows could only have been made. by
yictim’s heels as body was dragged from
highway to place of concealment was suffi-
cient independent evidence to establish the
corpus delicti and to allow admission of
written confessions by accused.

36. Criminal law @=1038(1), 1172(1)
Where court, in absence of jury and

after hearing testimony from both parties, :

ruled that confessions were voluntary and
confessions were thereafter admitted and

with express consent of defendant’s coun-
sel were entered in record and proof of
confessions was submitted to jury, ques-
tion whether yoluntariness of confessions
should have been submitted to jury was
not before Supreme Court but submission
of question to jury was beneficial to ac-
cused and was not reversible error.

37. Criminal law €=1169(3)

Where accused became witness in his
own behalf and testified substantially in
accordance with his confessions, admission
of such confessions, even if erroneous, was
not prejudicial error.

38. Criminal law €=1035(3)

Where court, in absence of jury, heard
testimony from both parties on question of
voluntariness of confessions and there-
after submitted proof of confessions to
jury and record disclosed that procedure
adopted by court was not only consented
to by defendant's counsel but was in part
suggested by him and without objection
and without request that any witness be
again examined he assisted in reading to
jury testimony as to voluntariness of con-
fessions, which, at his request, had been
taken before court in absence of jury, on
appeal defendant could not complain of
failure of court to reexamine witnesses in

presence of jury.

39. Criminal law €=519(8)

A voluntary confession is not ren-
dered inadmissible because obtained after
accused was taken into custody and prior
to time he was taken before magistrate.

40. Criminal law €=531(3)

In murder prosecution, evidence sus-
tained finding that defendant’s confessions
were made freely and voluntarily and were
not the result of torture, physical or psy-
chological and were made without induce-
ments, threats oF the use of coercion or
intimidation and without promise of re-
ward or immunity from punishment or
other promises.

“AL. Criminal law 6 1036(1, 2) .

Where superintendent and medical di-
rector of state hospital ‘testified against
accused as to treatment of and statements

2)

v2

“F09.

—
es


jase | WS ‘pressed in this rugged ty
: Boulder City.” The hunt ended when his.
was found in a. cluster of desert sagebrush.
he Oe or a . fe Seg

THE SILENT EXPANSE GAVE UP

ITS GRISLY SECRET—BUT NOT UNTIL THE KILLER HAD

e

A THREE-DAY JUMP ON POLICE

BM fu ‘
i nl cae ‘
“Se * = wt, xt
VF er... aa Tc cae
Fenn e oeeZ S
«hen, bo letede ;

DONALD BROWN rode to and from his job on
a motorcycle. When it was found behind the
gas station where he worked. officers were
certain the Navy veteran had been kidnaped.

LEFT: Among the suspect's effects was this
bag, containing a .38-caliber Smith & Wesson
revolver and shells. It was believed young
Brown was slain with a gun of that caliber.


ee

LAO DRC nt aI

recognize. They may have been Califor-
nia plates, I don’t know, but they defi-
nitely weren’t from Nevada.”

Thanking Engles for his help the in-
vestigators sped back to headquarters.

Jones immediately put out a teletype alert .

on the Ford and its driver.

Then the sheriff got on the phone, in-
structing the 100-man air squadron to
comb the territory within a 150-mile
radius around Boulder City for the car.
The squadron, with nearly three dozen
privately owned planes supplementing
several departmental AT-6s, constitutes
one of the nation’s most formidable fly-
ing law-enforcement bodies.

Within 15 minutes formations of the
small planes had taken to the air, the
keen-eyed pilots zooming low over
ranches, mining settlements and wooded
areas, searching for the wanted machine.
The aircraft were in constant radio con-
tact with their headquarters.

the passenger waiting room and opera-
tions offices of a large airline. Peterson
asked the chief clerk if anyone had
noticed anything unysual occurring at
the gas station Thursday night.

The man replied no, then queried his
assistants. Again the answer was nega-
tive.

“It would be of help to -know when
the station went dark,” the chief ranger
said.

A reservations clerk had some informa-
tion on this angle. “I stepped outside to
watch a flight ga over and that was
exactly at 10:20 p.m.,” he related. “I no-
ticed there were no lights in the place.
then.”

This aided in narrowing down the time’
of the crime. Peterson asked to use the

phone and reported what he had learned .

to Sheriff Jones.

After Jones had cradled the phone, he

turned to Deputies Kennedy and Ley-

lcdelags.

NAME

O.g_

1 STM ITTIwiTie = STREET ADDRESS
i orertontes:
2 Dare ITEMs AMOUNT : CITY STATE
e
z CAR LICENSE MAKE AND TYPE
NUMBER STATE OF CAR
S/Lo3p |\ee | “576
? SP orm
* : THIS PROPERTY IS PRIVATELY OWNED AND THE MANAGEMENT RESERVES TH
E A 2) RIGHT TO REFUSE GERVICE TO ANYONE, AND WILL NOT BE RESPONSIBL
_—_- = FOR ACCIDENTS OR INJURY TO GUESTS OR FOR LOSS OF MONEY, JEWELR
H ) On VALUABLES OF ANY KIND.
LL REMARKS ° ‘
k
: AMT ‘
*
5 ues $ PAID $ t
"onic ouT é

THIS entry in a motel register made
an officer suspicious when he saw the
license number noted down did not
check with the tags on the man’s car.

Meanwhile Chief Ranger Peterson had
made some progress in Boulder City. In
an interview with the gas station man-
ager, the ranger learned that everything
was in order when Brown took over the
afternoon swing shift. The manager said
that when he arrived to open up Friday
morning the place was locked and all
the lights were turned out, as was the
procedure.

But when he found young Brown’s

empty lunch box on the desk, he sensed:

something was wrong. The manager was
certain of it when he saw the attendant’s
motorcycle parked behind the building.
The day’s accounting had been completed,
so young Brown must have been putting
the money into the safe when he was
held up.

When the ranger left the gas station
he drove directly across the broad high-
Way to an airport hanger which housed

RIGHT, TOP: Fouquette was arrested
when he could show no registration for
this auto. Watch at right,
a holdup victim, was found on suspect.

taken from

poldt, who had entered moments before.
“Our run along the highway really paid
off,” Kennedy announced. “The bar-
tender at the Mesa Circle tavern in Rail-
road Pass said that Thursday night a
red-headed man about 35 years old came
in and’ ordered a shot of whisky. He
seemed nervous.and wanted to buy a
couple of bar towels. When he was re-
fused the guy downed his drink, fumbled
with a handful of money and paid with
a $1 bill. He was alone and the barman
saw him drive away in a black car in the
direction of Las Vegas.”

“What time was this?

“About 10 p.m.”

“Now we're getting somewhere,” the
sheriff declared. “Our man seems to be
traveling alone and probably heading
west.”

Bulletins were sent to all towns between
Las Vegas and the California border as

"Jones asked.

well as to authorities in the West Coast
state. Simultaneously the local search for
traces of the killer was intensified. All
leads on black Fords were run down.
Auto camp operators were questioned
and their registers checked. Patrons in
gambling _ houses who answered the
wanted man’s description were . inter-
viewed by heuse detectives.

The Las Vegas police combed the city
for possible feads under the personal
direction .of Chief Robert Malburg, a
veteran homicide expert.

While newspapers played up the des-
perate hunt for the ex-serviceman’s slay-
er, public spirited citizens posted an
$11,000 reward for information leading
to the criminal’s arrest.

As the pace of the investigation was
stepped up, reports began coming into
Sheriff Jones’ office, the nerve center

of the operation. From adjoining Nye
County District Attorney William Crow-

ell reported that Wednesday, August 18,

the day before Brown’s murder, four
masked men had robbed a gas station
north of Beatty and taken $50. However
Jones decided this crime had no con-
nection with the Brown case.

UT A service station operator just out-

side Las Vegas came up with some
vital information. A man answering the
suspect’s description had traded a wheel
and tire for a tank of gasoline on Satur-
day morning, the day before the body
was found, explaining that he had lost his
money gambling and needed gas to get
back to California. He was driving a
1936 Ford and was accompanied by a
blonde of about 30.

Detectives in Las Vegas picked up a
trace of the fugitive when they recovered
a set of plumber’s tools that had been
hocked by a (Continued on page 40)

31


FOUQUETTE, Clayton, asphyx. Nev.

iG

i alee ne nineteen

THE LURE of the gaming tables brought Clay-
ton Fouquette back to Las Vegas, where police
were waiting for him with a charge of murder.

(Clark) -13-1953..

INSIDE Se one”

%

anuary,

By Richard Banks

FROM THE INSIDE FILES OF NEVADA

HE AUTOMOBILE cruised slowly along the Boulder

City Highway, heading east out of Las Vegas, Nev.
Deputy Sheriff Aubrey Pagan, behind the wheel, kept his
eyes riveted on the left side of the road while Sheriff Glen
Jones, who sat next to him, concentrated on the right.

Though it was early in the morning, the Western sun
already was bearing down with its searing summer in-
tensity. There was not even the hint of a breeze. Except
for an occasional remark by one of the men the only sound
was that of the steady hum of the engine as the car crept
forward.

About a mile west of the small settlement of Railroad
Pass, Pagan suddenly braked the machine. “I just spotted
something !” the deputy half shouted, pointing to a cluster
of sagebrush.

The investigators scrambled out of their cruiser and in
seconds saw that the hunt for 22-year-old Don Brown was
over. He lay dead at their feet.

Brown had first been reported missing three days before, €
when he had not come home after finishing his trick at i
the Standard Oil Company's airport gas station, one mile
east of Boulder City. The station’s manager reported over - %
$90 missing from the till and that young Brown's motor- 2

cycle was found parked in the rear of the place. He was
sure the youth had been kidnaped because the vehicie had
been his most prized possession.

An intensive search for the missing employe was be-
gun immediately, and now that hunt had paid off with a
grisly reward, a reward that signaled the beginning of a
new manhunt, this one for a killer!

While Pagan returned to the car to radio the information
to the Clark County Sheriff’s office in Las Vegas, Jones
examined the scene. The young Navy veteran lay on his
hack, his face and chest covered with blood. He had been
killed by a slug that had torn right through his head.

Blurred tracks and a crimson-spattered trail leading from
the highway showed that Brown’s body had been dragged
from the road to its resting place in the sagebrush. At the
pavement’s edge a large splotch of gore indicated the place
where the youth had been shot. The only apparent physical
clue at the scene was the victim’s wallet which lay close
to the corpse. It contained $2.


<a Regt owe

There were no discernible tracks in
the sun-baked ground and: the concrete
highway was free of tire marks. Thus
there was absolutely nothing to indicate
in which direction the slayer had fled.

When Deputy Pagan returned after
sending the message, the two officers
combed the area for the weapon and the
spent bullet, but found neither. It was now
10 a.m. on Sunday, August 22, 1948.
Half an hour later Undersheriff Cyril
Stewart and Acting Coroner Charles J.
Dohrenwend arrived from Las Vegas.

After photos were taken the body was
removed for autopsy by the county phys-
ician. On the way back to headquarters
Jones questioned Pagan, who had known
Brown, about the slain man’s character.
“It certainly looks like a robbery-kid-
naping that ended up in cold-blooded
murder, but is there any reason to think
that young Brown had been running
around in fast company? Could he have
been the victim of a doublecross ?”

“No,” the deputy replied emphatically.
“The kid comes from a good family and
was serious and thoroughly reliable. He
was working at the gas station to make
some extra money for college next year.”

Sheriff Jones nodded. “The killer didn’t
leave any loose ends lying around. We’ve
got practically nothing to work on.”

“But there is one lead,” Deputy Pagan
announced. “A friend of Brown, John
Engles, drove past the Standard station
Thursday night and saw a dark Ford
sedan parked next to the inside pumps.
Engles told me about it when we first
began looking for young Brown.”

“Good,” the sheriff replied. “We'll talk
to him as soon as we can.”

Arriving at his office Jones immediately
conferred with Deputies W. E. Leypoldt
and A. H. Kennedy. “First examine the

LEFT: Sheriff Glen Jones set up
a wide dragnet when he learned a
suspect was heading for Nevada.

DETECTIVE LIEUTENANT B. J.
Handlon (right) broke down the
prisoner with his acute questioning.

BELOW: A phone: call set Detec
tives Bruce Woofter (right) and
Hiram Powell racing to a motel.

scene again for the weapon, then go over
every inch of highway between here and
Boulder City. Be sure to check at all the
houses at Railroad Pass to find out if
anyone saw or heard anything suspicious
Thursday night.”

As the deputies left, Chief Ranger C.
F. Peterson of the government park ser-
vice strode in. Peterson, with a large
force at his command, always cooperated

fully with the police in their investigations °

of major crimes. After a quick briefing
the chief ranger said he would have his
men check all motels and trailer camps.

“It would speed. things up if you ran

down to Boulder and questioned the other.

men at the gas station,” Sheriff Jones

‘said after deputizing Chief Peterson.

Minutes later Deputy Pagan tossed the
autopsy report on his chief’s desk. It
added little except that Brown had prob-
ably been killed by a .38-caliber bullet.

There were no other wounds besides the
one in the head and the body was badly
decomposed from lying three days in the

’ high desert temperatures.

“f_ ET’S GET over to see Engles now,”
the sheriff told Pagan when he had

read the report. John Engles himself came
to the door when the two officers arrived
at his home. He said that it was around
9:30 p.m. when he drove past the station
and saw the black Ford parked outside.
The vehicle was empty and a man, whom
he supposed was the driver, was talking
with Brown. Both men were standing
next to the cash register.

“What did this guy look like?” Jones
queried.

“Average height, with either blond or
red hair and around 40 years old.’”

“And the car?”
’ “A '36 Ford with license tags I didn’t

Weir inabialsege ods es


ae a Pee
tno a PEER ERO
} \ =

ater

The Goldfield baily tribune Sept. 25, 1909
INDICTMENT FOR MURDER IS SUSTAINED

Patrick G. tasey, who shot and killed Mrs. thomas Heslip
and seriously injured Mrs. mann, will go to trial before a
jury in Judge somer’'s bivision of the vistrict Court on
October 26, at 10 o‘clock a.m He will be tried both for
murder and assault with intent to kill.

Casey's attorneys yesterday endeavored to cause delay
in the case by raising a technical point, but this was over-
ruled by the court, which promptly set the time for traal.
The point was raised by the defense that Frank W. Champion,
one of the grand jurors who indicted Vasey, was not a legal
resident of this city at the time of the indictment and that,
therefore, the indictment was illegal and ought to be quashed.
Distrie& attorney tilden went to Los Angeles personally and
secured a new affidavit from thampion in which he says that he
has been a resident of Goldfield for three years, and that he
has never changed, nor had any intention of changing such
residence.

ter 7

GOLDFIELD DAILY TRIBUNE wednesday Stvening, August 16, 1911
CASEY DIES ON SCAFFOLD - IpvENTITY CONCEALED

SLAYER OF MRS TOM okESLIP
at Goldfield in 1909
Pays Gallows Price today

his nerve regained, Man Known here as ratrick U. Casey woes to
nis peath without a iremor -- venies intent to olay unis victim
and pPrays She may nest in peace.

(Long writeup about the hanging-------

‘the Curtain was dropped shutting out the view of the
scaffold, while the noose as adjusted. shen as the eurtain
was raised, vasey dropped through the gallows. dis neck
was broken and the blood poured in a perfect stream from
beneath the black cap. sefore vr. LD. &. MacLean or vr.

j. oMeKenzie could reach the body, the heart stopped beating
and vasey was dead.

Patrick seete- Columbus Casey was not the name of the man
executed at Garson tity. rourteem years ago he was @ memb er
of the regular army and deserted. upon desertion he changed
his name to Patrick tolumus vasey. une was a married man,
who had deserted his wife and child for eighteen years. ais
father was a prominent attorney in one of the eastern states.
His true name will not be disclosed for the reason that all
involved want to save the child and wife of Casey from shame.
He was not Irish, nor were any of his people.

Casey never had any intertions of killing Mrs. Heslip, but
was infatuated with Mrs. Mann and was jealous of Tom ripgaee U an d
4f he had intention of killing any person it was Heslip. )
weeks before the date of the homicide, Casey wrote two farewall
letters to people in Goldfield. ‘these letters were found in
Casey's cabin three days after he was arrested.

These letters stated he was going to kill tom Heslip and
commit suicide. He waid he was infatuated with Mrs. Mann, and
Tom Heslip pref¥ented him in his intentions"

"Early in the evening of August 16, 1908, Mrs. Thomas Heslip,
Mrs. James Mann and Miss Leah Fleury, neighbors, were seated,
conversing together on the steps of the Heslip home, on fifth

Avenue near Hall Street, when Casey was seen to approach, stare
at the women and walk around the comer. A few days prior to

that time he had offered a vile insult to Mrs. Mann, whose husband
was absent in San Francisco, and who was under the protectton of
the Heslip's. The only known motive for the crime lay in the fact
that Thomas Heslip, on being informed of Casey's having insulted
Mrs. Mann, want to Casey and told him he would beat him to a jelly

if he molested her further.


orm X

arial of Patrick €. Casey
whe Goldfield Daily sribune Uctober 26, 1909
DEATH PENALTY IS RECOMMENDED

Jury files in Near Midnight after
Spending Several Hours Viscussing
Life imrisonment or hanging

sentence will be Pronounced in
fwo Weeks - after Attorneys move
to set aside the Verdict.

With the death penalty staring him in the face after the
return of the jury that had his case under advisement, Patrick
Casey sat unperturbed. it was 11:30 o'clock last night wham
the watchers had about given up hope of a verdict, that word
Was received from the juryroom that a conclusion had been
reached. ‘The word quickly spread, but it did not seem to
anterest any, for there was scarcely a corporal's guard in the
big chambers when the jurors filed in. the jury had been out
seven hours.

Judge Somers ordered the clerk to poll the jury and each
man in turn responded that the verdict met with his concurrence.

ghe verdict was simple emough, in the following language:
"we, the jury, find the defendant guilty of murder in the first
degree, and declare for the death penalty.”

Casey never winced, but continued the chewing of gum that
has kept his jaws busy since the first day of the trial. ae
paused but one moment, when he leaned over to his counsel am
remarked; "I knew I couldnot get a square deal”.

Sentence will be pronounced two weeks from yesterday.
In the meantime the prisoner's counsel will move to set aside
the verdict as contrary to evidence. ‘the jury was held out
discussing the penalty, one man holding out for life imprisonment,
and eleven others solid for capital punishment.

(Long additional ries about his plea of
"alcoholic insanity"

tm DELO cc cecerve

Casey returned - fired shot in direction of women. Mrs.
Heslip sprang to her feet calling to ask what he was
trying to do. He fired again killing Mrs. Heslip. Fired
another shot at Mrs. Mann - hit her in right let. Then
Casey fired at his own head without inflicting any damage.

Directly across street Undertaker T. F. Dunn sat with his

son Frank and George Crumbley. Dunn picked up a revolver
which was close at hand and ran across street - chased Casey
-- sprang forward as Casy had gun pointed at him - seized the
weapon and ordered Casey to surrender

Casey drew a butcher knife from his trousers band and lunged
at his captor - knife struck the padding in the shoulder of
pumn's coat & glanced off harmlessly. Dunn battered Casey
over the head with his weapon while with his son, frank Dunn,
and Crumley, who by this time had arrived on the scene,
forced Casey to walk to Officers John Sullivan and mM. Je

Cahalan, who were approaching.

During trial - Gasey asserted he was crazed with drink.
Defended by attorneys Diskin and Kunz.


iw

™ 7S

|. JOURNAL ~ Advertiser

ae #

SATURDAY, DECEMBER, ne “ Pace ae
‘Nevada inmate Cole gets his wish with execution by injection 33

- ZCARSON CITY, Nev. (AP) —
roll Edward Cole, who pmol dct to
killing more than a dozen women as
revenge for an abusive mother, was
eecuted by injection Friday, and at
his request his brain was removed an

heur later for research on criminal |

béhavior.

: - Cole was pronounced dead at 12: 10
aim. CST, six minutes after a mixture
of three deadly chemicals was
pumped into his body one at a time.
The first execution by injection in
Nevada came after a state Supreme
Court refused to grant a stay sought

ae

by three other death row inmates who
contended Cole was incompetent and

: insane.

Prison officials said Cole, 47, was
that the other convicts sought
the stay. And Cole’s lawyer told the
Ester, Cote Sate. biog: Dacseeeiend So.
because “it would be unbearable to
stay on here.”

He had agreed to let doctors ex-
amine his brain to see whether there
was a physical reason for his
murderous rages that followed drink-

ing bouts in bars where he met many

of his victims.

' —

Cole became the 50th person ex-
ecuted in this country since the U.S.
Supreme Court revived the death pen-
alty in 1976. His execution also was the
first in the West since the 1979 execu-
tion in Nevada of convicted killer
Jesse Bishop.

Convicted of killing two women in -

Nevada and three in Texas, Cole had
formally confessed to 13 killings. He
once told a psychiatrist he’d killed 34
women and one man. In an interview
Wednesday, he scaled that back to 14
or 15 murders.

The condemned man was described

‘as calm and in good sprits prior to his

' execution. He met with prison
® chaplains, wrote letters, watched tele-

vision, read books and mail and had a
final meal of fried shrimp, french
fries, salad and clam chowder. “

Cole, a Roman Catholic, also made
a final confession and took commu-
nion.

He was heavily chained and ‘ap-
peared pale but calm as he was led by
four guards into the death chamber at
11:45 p.m. He made no _ final
statement, but told witnesses Mike

and Judy Newman of Las Vegas, who
had befriended him during court ap-
pearances there, ‘‘I appreciate it.”

Mrs. Newman is writing a book about -

him.

Cole, who spent part of his final
hours playing cards with chaplain
Rev. David Casaleggio, smiled at a
television newsman when he entered
the chamber, then appeared to frown
as he looked at the rest of the 26
witnesses before turning away.

Outside,
staged an interfaith vigil in the park-

| Soifer.

about a dozen people

* ing lot.
“Very simply, we believe no one:
should pass from life without someone
to stage a vigil. We know we cannot, _
stop the execution,” said Rabbi Myra?”

<a
sefte

Cole was convicted in Texas “of.
strangling three Dallas women in 1980.
He was extradited to Nevada where ne:
was convicted of murdering Kathryn.
Joan Blum in 1977 and strangling:
Marie Cushman in 1979, both in Las’
Vegas. He was sentenced to death fog
the 1979 murder.

oad


2s defi it
70-66 18

Former UNR footb~Il
player shot in face ic

Cancer treatment r2ws

a

sparks flood of calls iv

=>no Gazette-Journal

| before death

Nevada slayer’s final meal:
jumbo shrimp, fries, chowder

By Laura Myers/GazetteJournal

CARSON CITY — Condemned serial
killer Carroll Edward ‘‘Eddie’’ Cole spent
his last hours on Nevada’s Death Row
‘nervous and feeling claustrophobic’’ but
with a resolve to be the first killer exe-
cuted in the state since 1979 — and the
first by lethal injection.

“I have no thought to call it off,” he
said in a final interview. ‘I have no plans
of resisting.”’

Cole, 47, spent the day talking to a San
Diego County investigator, watching TV,
writing letters, playing Monopoly, giving
confession, taking communion and ignor-
ing 11th-hour a Is to save his life by
three fellow Death Row inmates.

Cole was scheduled to die at 2 a.m.

Inmates John Olausen, Patrick Cavan-
augh and Tom Wilson appealed Thursday
to the District Court to stay Cole’s execu-
tion. They alleged he was ‘“‘legally
insane’’ and not competent to decide if he

should die. The court rejected the

— ;

n a special night session, the Nevada
Supreme Court upheld the lower court’s
findings. The reason was Cole’s wish to
die and “‘no showing of Cole’s incompe-
tency or insanity,’ said Chief Justice
Charles Springer.

Edward Marshall, Cole’s attorney, told
the court he had talked with Cole about 20
minutes before the 9 p.m. high court ses-
sion and Cole said ‘‘he’s ready to go (and)
all systems are go.”

Cole said earlier this week, ‘‘(I’ve)
messed up my life so bad that I just don’t
want to go on.”’

For a last meal, Cole ordered jumbo
fried shrimp, french fries, salad with
french dressing and Boston clam chow-
der. The 165-pound killer skipped lunch.
For breakfast, he ate eggs, bacon, hash
browns, toast and coffee.

‘‘He can have whatever he wants,” said
Associate Warden Pat Anderson. ‘‘Last

See LAST, page 9A

cael

“low inmate Jimmy Johnson in 1981. At

the time, he was serving a life sentence
for the 1976 murders of two Carson City

Shawn Marie Hoter, 15. Each had been —

shot twice in the head.

C) Ricky Sechrest, 24. In May 1983,
Sechrest killed 10-year-old Maggie —

See NEVADA'S, page 9A


Cole, yajebed Ne
yxiatbed Nevada on December 6
+ e . - 9
LYK age

FROM THE DESK OF

BEE ITE MALY. DUI

EX-OFFICIO CORONER
CITY-COUNTY OF CARSON ciTY

PRESIDENT, NEVADA SHERIFFS’
AND CHIEFS’ ASSOCIATION
9 December 1985 901 EAST MUSSER STREET
CARSON CITY, NEVADA 89701
702/887-2500

Dear Ron:

Thanks for the article regarding the book on Texas
sheriffs. I am going to order a copy.

The attached article on executions in Nevada may be of
interest. Execution #13 (gas chamber) was for the killing
of "Lt. and Mrs. Raymond Fisher." I don't know if that
involved a law enforcement officer or military officer.

Most of the victims are not listed by occupation so it
is possible someone else was 2 law enforcement officer
victim. (I do know that #31 and #32 did not involve
officer victims. )

Lethal injection appears to be the best. I was both a
witness and the coroner on Cole's execution. He went
under in about 10 seconds. There was no danger to the
witnesses. In 1979 there was great concern with the
possibility of leaking gas and it could actually be
smelled when it was pumped out.

1 didn't pass the bar - along with approximately 55%

of all California applicants that took it. Will try
again in February.

Best regards:
IT


Huskies defeat
Pack, 70-66 :3

Former UNR football

player shot in face ic

eno Gazette-
Cole’s day be

Anti-terrorism funds
gain panel backing

WASHINGTON — The Senate
Foreign Relations Committee voted
15-1 Thursday for a new $22 million
program to fight terrorism in Central
America, overriding complaints that
the money could go to those
responsible for human rights abuses.

The plan won bipartisan support
after the panel first rejected, on a
equally lopsided vote of 14-1, the
Reagan administration’s initial
proposal for a broader, $54 million
‘ounterterrorism effort.

The measure reflected a last-minute
eamnramica in which the Republican aie

Nevada slayer’s
jumbo shrimp, fr

By Laura Myers/Gazette-Journai sho.

CARSON CITY — Condemned serial Ir
killer Carroll Edward “Eddie” Cole spent Sup:
his last hours on Nevada’s Death Row _finc
“nervous and feeling claustrophobic” but die
with a resolve to be the first killer exe- _tenc
cuted in the state since 1979 — and the Ch:
first by lethal injection. _ E

“I have no thought to call it off,” he the:
said in a final interview. “Ihave no plans ™!'
of resisting.”’ S101

Cole, 47, spent the day talking to a San C

o County investigator, watching TV, me
wri letters, playing Monopoly, giving wa
confession, taking communion and gv F

his life by

ing 11th-hour —— to save ro
three fellow Death Row inmates. a
Cole was scheduled to die at 2 a.m. der

Inmates John Olausen, Patrick Cavan- py,
augh and Tom Wilson appealed Thursday 6
to the District Court to stay Cole’s execu- gc,
tion. They alleged he was “legally
insane’”’ and not competent to decide if he


quented the dives in Sailor. Town’s seamier,

seedier neighborhoods. Bonnie gave her .

companionship to anyone who agreed to buy
her juice she craved as she sought escape from
sheer loneliness and a barren existence.

The following month, on Sept. 26, 1979,
the naked, badly decomposed corpse of 39-
year-old Diane Fay Cole was discovered
slumped in a sitting position inside a closet
littered with empty beer cans inside her apart-
ment. The ghastly find was made by Diane’s
horrified mother who had arrived at her
daughter’s home to check on her welfare.
Police appeared reluctant to launch :a formal
investigation after a blood alcohol reading of
0.42 was established during the autopsy, de-
spite the fact that the Victim’s mother staunch-
ly contended that her daughter had been mur-
dered. ; :

Diane Cole had been married for six years
to a man named Carroll Edward Cole as his
second wife. Cole had a record which in-
cluded a 1958 bust in San Diego for burglary
and an arrest in Sacramento in 1961 for auto
theft. Cole had served six months on the auto
theft rap plus a two-year jolt in Dallas, Texas,
where he was convicted of arson in 1965.

The man who walked

DP Sih
/
\

It is understandable if, after our brief, fleet-.
ing encounter with this fifth lost'soul, we are
unable to discern any distinct or viable pat-
tern..After all, it is all so common to catch

sight of these Vague, sketchy articles tucked .

away somewhere in the back of ‘almost any
big city local newspaper from time to time
describing the discovery of some nameless,
unknown female's body found in séme cheap
hotel room, in an alley or a vacant lot, Any-
where, USA. And that’s usually the last of it.
Often, the system is indolent and apathetic.
No.one really cares.

But the unvarnished, blood-chilling truth
involving 39-year-old Essie, 42-year-ol
‘“Teepee’’ Hammer, Kathlyn Blum, 26, 39-
year-old Bonnie O’Neil and Diane F. Cole,
also 39, is that each was deliberately mur-
dered by a cruel, calculating killer who de-
rived.a pronounced sexual gratification each
time he placed his ten strong fingers of steel
about a helpless, ‘vulnerable woman's neck
and slowly, inexorably throttled them to
death. vs r

Even more horrifying is the fact that this
predatory, two-legged manifestation of abso-
lute malevolence would continue to prey.on-

out-of the penitentiary

They were found in basements, in dumps-,

‘ters, under loading docks and inthe back seats)
‘of. abandoned ‘cars. Some were stabbed, :

slashed and mutilated. A few were shot and’
others were beaten or stomped to death. In’
some cases suspects were arrested and even
convicted. In many others, the victims were
consigned to their graves, often unidentified:
and their killers allowed to remain at large.

None of these crimes, however, can be
attributed to the same foraging monster who
had choked the life out of the bodies of at least
six known victims. Almost certainly, there
were more and most. assuredly, there: were
atternpts where the hapless victim managed
somehow to escape the clutches of the brute
whose strong fingers sought avidly for a grip
about her throat.

We are positive about this.two-year respite
and the break in the continuity of the series of

deaths which have been thus far narrated in.

chronological sequence because .the mass
murderer who had strangled at least six
women to death to date was taken out of
circulation and sentenced to prison. He had, it
was later determined, received a jolt to be
served in a federal prison located in Spring-

was 2 killing machine

wito had spent many months in caged isolation deprived of his
greatest thrill—to murder a helpless woman with his two
powerful hands, He would not have to wait much longer.

Cole had admitted torching a flea-bag hotel
by dousing a hallway with raw gasoline anda
lit match after he found a porter pimping for
his (Cole’s) wife. The errant spouse was
Cole’s first wife and not the pathetic decedent
whose body was found jammed into the tiny
closet in a squatting position in San Diego 14

years later.
‘A reading of 0.42 blood alcohol is consi-

dered to be border-line lethal. Diane Fay was
buried without fanfare. Her husband of six
years did not attend the last rites. No one

seemed to know his whereabouts. The case

was not treated as one of murder. No inves-
tigation worthy of note was conducted. No

warrants were sought for anyone’s arrest.
There was no dedicated Quincy to hover tena- :
"of the pact.

ciously dVer a powerful microscope or to
search for those tiny ruptured blood vessels in
the eyes and elsewhere indicative of stran-
gulation. ‘

Like Essie Buck,’ Myrlene **Teepee’”’

Hammer, Kathlyn Blum and Bonnie O'Neil,

those lonely, faceless nonentities who had,

died before her in scattered parts of the coun-
try, Diane Cole was, for all practical pur-
poses, just another nobody who drank to ex-
cess, who sought oblivion in the bottle and

_ whose demise caused barely a ripple among ‘become the antidote for their desolate loneli- mind he fancied himself as being somewhat

~ the living.< eae debonair and irsresistible to members of the

8 Waiie: * Hf ie a ne ; te as ae sl gD Sot RRA tear] } Med me ot ve ‘ se ‘ ps
\ 5 pet hears

other women in other places at his personal
whim and pleasure. ee

In November, 1979, the corpse of a woman .

was found in a room at the Casba Motel in Las
Vegas, Nevada. She was identified as 52-
year-old Marie Cushman. Police noted suspi-
cious ‘circumstances and investigated the
death until they were forced to lay it aside due
to a lack of useful leads. It was established
that Marie had drank a considerable quantity
of alcohol prior to death. She, too, sought
solace and’ companionship in bars and
taverns. Like her sisters who'd preceded her
in this bizarre odyssey of death by violence,
this latest known victim, her senses dulled by
liquor, wasn’t overly particular with whom
she slept as along as a bottle of booze was part

Other women continued to die during the

ensuing two years and under suspicious or .

mysterious circumstances in various parts of
the U.S, Unloved women, friendless and
without hope or motivation, adrift to meander
aimlessly, to wander from bar to bar where
their vapid, bleary eyes sought hungrily for

the company of a man, regardless of the price.

Women who had long ago lost all vestiges of

"pride and vanity and to whom whiskey had

; iN

field, Mo., after being convicted of stealing a

government check from a mailbox and
fraudulently cashing it. He was released from
the pen on October 6, 1980.

When he walked through the: prison gates
that day, he was 42 years old. Jails and pris-
ons were nothing new. He’d been in and out
of trouble all of his life. He’d been arrested
for everything from buying liquor for minors
to pimping and assault with the intent to kill.
The assault rap stemmed from an accident
which occurred near the town of Tuscumbia,
Mo., when he’d tried to strangle an | |-year-
old girl whom he found asleep cin her bed
above a roadhouse. He'd entered a plea of
guilty to the charge and received a five-year
sentence. ae

This is as opportune a time as any for us to
become thoroughly acquainted with this clas-
sical-mass-strangler, a killer who specialized
in preying on women who invariably drank to

excess. He stood 5°8"* tall and weighed 150

compact, muscular pounds when he walked

through the prison gate to his freedom in
October. Heavily tattooed, his most distinc-

tive mannerism was the habit of dangling a.

usually unlit,’ unfiltered Pall Mall cigarette
between his course, sensual lips. In his own

opposite
more or
most wo!
sized him
another ¢

Born \
Catholic
he first ¢
seven wi
experien:
hands to
point of «
have sot
ahead. T
is the he
homicid:
asure w!
bunch a
breath c
body, th
tion and
moment

Befor
he’d rac
cy, curfi
petty the
was Cou
dischars
matic p!
readily
apprehe
meant |
who'd \
sold the

Out «
ing onl
string 0
serious
to use

. “shrin}


he wn i i as

oe ime

ria.
Continued from page ©
showed up outside the prison to pro-

test his execution. “It’s more difficult
to generate emotion in a case like
this,” said Rabbi Myra Soifer of the
Temple Sinai in Reno.

Cole had no relatives, friends or
acquaintances asking officials to
spare his life. The only appeal came
from three Nevada inmates who
didn’t even get his first name right
— Eugene, they called him — in
their hastily drafted letter to the
judge. The appeal promptly was re-
jected. !

Cole had spent his last two days in
the “last-night cell” next to the exe-
cution chamber. He was allowed to
watch television and play the radio.
For his last meal Thursday, Cole or-
dered fried jumbo shrimp, french
fries, salad with French dressing
and Boston clam chowder.

Hours before Cole died, the priest
heard his confession, gave him Holy
Communion and joined him ina
game of Monopoly to pass the time,
prison officials said. Cole had been
baptized only the day before.

Cole did not resist as four burly,
mustachioed guards escorted him in-
to the death capsule at 1:44 a.m. Fri-
day.

: The former gas chamber, with six
sides and a pointed top, resembles a

diving bell. ' .

The inmate had been injected
with 10 milligrams of Valium about
an hour earlier to calm his nerves,
one of many precautionary mea-
sures that officials had planned

weeks in advance. ,

_ “We don't want to give him so

much that we have to Carry

dr so little that he’s nervous and jit
tery.” Sumner said earlier.

- Cole was clearly conscious in his

final minutes.

* He boosted

Mexico
: eptinued from page Al

‘ajilion and calls for.
“4qreign lenders

N-

19 Dance step
20 Flush with

success
22 Company (Fr.
* abbr.)
23 Civil War
initials (abbr)
24 Actress
Chase
27 Awry
32 Singer
Lauper
34 Actress West
35 One's self

him in.

himself onto the gur-

some belt-tightening.
look at Mexico approvingly

~ndget will not be popular. It calls for
mestic spending, increases in taxes
tion of the federal payroll by

« >

ney, a flat, foam-padded wooden
block resting on a 3-foot-high plat-
form. His 5-foot-7 frame was too
small for all of the eight restraining
belts spaced along the length of the
gurney; guards fastened only six of
them around Cole. They also
strapped his ankles and wrists to the
table with fleece-lined, leather re-
straints.

Cole only once turned his head to
his audience huddled outside the ti-
ny steel and glass room.

His hazel eyes acknowledged two
spectators, Judy and Michael New-
ton, a Las Vegas couple who are
writing a book on Cole's life. He did
not look at any of the other 23 spec-
tators.

Cole mouthed some words. But he
could not be heard outside the cham-
ber. The Newtons, who had an up-
front view, had befriended Cole in
recent months. They said they be-.
lieve the prisoner was telling them,
“I appreciate it. How's it going?”

After securing the straps, guards
inside pulled the shades on the three
windows facing the audience.

Prison officials sald they did not
want spectators watching guards in-
serting needles into Cole. Probing
for the right veins could turn into a
cumbersome and difficult ordeal,
they sald. The guards, all described
as having some experience as medi-
cal technicians, might have had to
cut into Cole’s arm If the 1 ;
veins were collapsed, -the

“OL” Poe the’ next 10" ma Ingted, ston:

official- witnesses ——
law enforcement —

tient. Others engaged in muffled ,, Phys
conversations with reporters. One © rages. - fey

While de la Madrid Is cre
make unprecedented
the changes have me
face of ballot-box tampering charac
few state elections.

This summer, for example,
servative Party

tion parties to
toral reforms,

That is

™ in education. Forty-six make a dent in
¢ the foriegn debt. tions
Official

“when elected. He
~ teaders who
went in.

‘eral
goguery and

surface’ closed. the hatch. dgor..Colé was

were

the key elections,
“AS you can see,
. He said that

‘dates is spreading.
ace at winning sta

man stood stiffly in a corner, no
flicker of expression crossing his
face.

When the shades reopened at 2:05
a.m., Cole had a needle inserted into
each forearm and a 6-foot-long clear . 5
plastic tube on each side running
from the needle and through the
wall of the concealed control room.
One of the tubes was for backup, offi-
cials said.

There also were wires running
from his chest to a heart-monitoring
machine inside the concealed room.

The two bare, 100-watt bulbs that
lit the éream-colored chamber were
bright enough for viewers to make
out the shape of a heart he had tat-
tooed during his brief duty in the Na-
vy.

Cole was clad in unlaced, blue-
striped, white sneakers, new prison-
issue blue jeans and a shirt that the
Newtons said he wore only on spe-
cial occasions, such as his sentenc-

ing hearing. f

“He was so proud of them,” Judy
Newton said. “It’s not very often they
get new outfits up here.”

As the brown-shirted guards filed
out of the chamber, Cole turned his
eyes once more to the Newtons and
moved his lips. &

“He was saying, ‘It’s all right. It's
all right,’ ” sald Judy Newton. Those
were his last. words, The :

elena th the root ost
er 15 setonds passed be ‘s

sremave Co
sgagreed tp -let. de pa
t prain to see ‘whether.

ical cause’ for

candidates from the con
of National

for now, PAN has

"ministration.

dited with allowing opposi-
gains through elec-
ant nothing in the
teristic of the last

Action were expected to
PRI's tight hold on the congress in elec-

in three northern states.

counts showed PRI candidates the victors in -

but not without charges of voting “ir-
regularities” even from independent election watchers.
talk of democracy was merely demo-
posturing,” said Schmal, a PAN member.
little hope of putting
-.-@ its own in the president's seat, but support for
Next year, he said, PAN
te offices in Sinaloa and
OAN members serve in several city

‘asm in the towns, because
“at at the city level, and
-ament that is also

-  ,“4adrid his

Co® said

he

1

‘d killed

By Chris Bowman
Bee Sierra Bureau

These are the nine women Carroll
Edward Cole told Dallas investiga-
tors he killed in California, Nevada,
Texas and Wyoming:

e Sally Thompson, 44, of Dallas.
She was found lying dead on her liv-
ing room floor on Nov. 30, 1980. Un-
like other victims on, Cole’s list,
Thompson was bright and middle
class. She worked as a legal secre-
tary, had written a book on plastic

surgery and had: published,a paper-
pack titled “The Single Girl's Guide
to Dallas.” The cause of her death
was inconclusive, but the medical
examiner's report said she had been
drinking heavily and suffered a dls-
located spine consistent with a sharp
blow to the back of the neck.

e Wanda Fay Roberts, 32, of Dal-
las. Unemployed and living most
times with her mother, Roberts was
found dead on Nov. 12, 1980, in a
parking lot near one of the neighbor-
hood bars she frequented, according
to Dallas police investigator Gerald
Robinson. | eek, :

@ Dorothy King, 52, of Dg
: dived alone/in an ape

ar TY

. She was Cole's & ‘wife. They.
were married six years, néshad
worked, for:the, Social rity.

On Sept. 26,;}979, her
body was found nude amidbeer cans
in a closet at the couple's house. Her
blood-alcohol content was measured
at .42, a potentially lethal amount.
The cause of death was ruled an ac-

cidental overdose of alcohol.

Deficit

Continued from page Al
each year for

president would have
board in federal spending.
would have been

ics charged that

ered with
that would
federal pro
stamps, veterans’

st al welfare payments,

Less than a dozen people
early Friday to protest the execution of

e Bonnie O'Neill, 39, of San Diego. °

five years. If the target

figure was not met by Congress, the
been required

to make automatic cuts across the

Only Social Security recipients
exempt from cuts

under the original proposal, but crit-
Reagan also could
have preserved most big military
weapons projects if he chose to do

The Democratic-led House count-
a version of its own, one
ave exempted many
rams, including food
benefits and feder-
and would

nave mandated the spending cuts be-

‘a fiscal 1986.

~reement announced Friday

*houlders in en aped aree
Ad-: “community -}0 northe
~ County, —

ar Associated F
at the Nevada State F
Carrel Edward Gq

scene

4

ia Se

pa Se

v ie eas

e Marie Cushman, 51, of Las.’ Shortt:
Vv _ She was strangled and her
body was found in a room in a tran-
sient hotel in downtown Las Vegas
on Nov. 4, 1979. Her death led to
Cole’s death-penalty conviction.

e Kathlyn J. Blum, 26, of; Las

this vicious mur
the public,” she pleaded, “before her
or they, murder someone else.”

Reagan
plans deep
budget cut

Los Angeles Times

WASHINGTON — Presidegt
Reagan, committed to slashing nex
year's federal deficit, plans to prof
pose spending cuts of more than $30
billion without touching Social Sect:
rity or tampering with his defens€
buildup, budget director James Mi0-
er said Friday. =

Miller presented Reagan ang
White House officials with an outline
of the dilemma facing the admintss
tration as it begins focusing on thé
budget Reagan must propose to-F: b-
ae a

ater, he acknowledged that =

eee
eee

re eree

a ed

would protect military and civilian
federal retirees from retroactive
cuts in cost-of-living increases.

Many of the deepest cuts would hit
programs affecting the middle class,
including federal loans for college
students and government mass tran-
sit programs.

The principal figures involved in
the final negotiations were Rep.
Richard A. Gephardt, D-Mo.; Sen.
Robert Packwood, R-Ore., chairman
of the Senate Finance Committee;
Sen. Pete Domenicl, R-N.M., chair-

man of the Senate Budget Commit-
tee; Foley; Panetta; and Gramm.

“I think that this product is superi-
or to the product we started out
with,” Gephardt said. “It exempts the
programs affecting the most vulner-
able people in our society. These

ople don’t have lobbyists walking

\ the halls of Congress.”
nurces said Gramm held out until

evveevves res

eee eeeve

eeoee

erent


. Hammer, a known habitue of the town’s
sleazier bars and taverns. :

Police quizzed two suspects in connection
with ‘‘Teepee’s’’ death, which was classified
as a homicide. Both men were released after
they’d successfully passed a lie detector test.
Police worked the case until all leads were
exhausted after which the file was placed in
the unsolved archives where it reposed to
gather dust during the passing years. Mrs.
Hammer had the reputation.of a heavy drinker
who frequently took up with strangers who
had the price of a drink. .

The .body of 26-year-old Kathlyn Blum
was found in Las Vegas, Nevada, in May,
1976. The autopsy disclosed that the victim Pg
was raped and that she had ingested a con- (
siderable amount of alcohol before she died. ri
This case. was also later relegated to the files j

of unsolved homicides. be
On the 29th of August, 1979, the nude s
al body of a female was found.in an alley in San fy

Diego. She was subsequently identified as
being, 39-year-old Bonnie O'Neil. The cause
of death was attributed to alcohol abuse. The
only time Bonnie O’Neil’s name ever
appeared in the papers was in a few lines ina
scanty obit. She, too, was a lush who fre-

=

eeZEVETES

Saf

(continued on next page)

The first victim was a 39-year-old woman
named Essie Louise Buck whose abused °

" corpse was discovered in an unincorporated
area of San Diego, Calif. Essie’s death was
accorded a few scant lines in the local papers.

She was known to a few acquaintances as a.
sad, lonely woman who drank too much. A
blood alcohol level of 0.13 was established ‘.
during the autopsy of her remains. Ae

The case was not officially classified as a
homicide in view of the high degree of intox-
ication involved and the pronounced absence
of any concrete evidence that violence was
involved. Official papers and documents
were prepared, filed, shuffled.and processed
and Essie’s passing caused scarcely a ripple

-as other: more momentous events transpired

from day- to-day.

On August 97 .1975,.a Saturday, a couple
collecting aluminum cans near. the town of
Casper, Wyoming, stumbled actoss the badly
decomposed body of a nude female wrapped
in a red blanket. The Natrona County Sher-
iff’s Department was notified and the area
was cordoned off while the crime scene was
processed. The area was one frequently used
for impromptu beer parties and-Was well -
travelled. No useful clues were found and

a

i

know for
th a faulty

f

H ; . __ the body was removed and autopsied. Death
dpic mas ; was attributed to a severe beating with stran- ;
p while he ey gulation. The victim was later identified

; through dental charts as a 43-year-old Indian
° ae woman by the name of Myrlene ‘‘Teepee’’
ind befud- ae

s powerful , i He'confessed to stranglings that |
sh decade a weren’t even on the books, blam-
Texas, in Ge san Ing his mother for turning him into

\ ‘a mass murderer.

wu

, eee tae

COLE, Carroll, wh, LI NVS&P (Clark) December 6, 1985.

)

syed

‘Shocking Testimony! a
seme, ‘Straight from &

Psychiatrists contended that the
killer experienced sexual gratifica--
tion at the very instant of death of
one of his victims (posed photo).

by CHANNING A.:CORBIN

Theré were nine of them in all. Perhaps more, we’ll never know for
certain. As is so often the case, their slayer was endowed with a faulty.
memory, his sense of recall additionally dulled by a kaleidoscopic mias-
ma of helpless, writhing victims struggling in his vise-like grip while he.
slowly throttled them to death...» . . mA <a
Frequently, if not always, the strangler’s mind was fogged and befud-
died with alcohol on those nine documented instances when his powerful
fingers encircled the necks of his victims during the nightmarish decade my
which began in May, 1971, and concluded finally in Dallas, Texas, in |. —
~ November, 1980. : Maes an

aay SS SERS ODE > ANY

The first v
named Essic

corpse was d
area of San [
accorded a fe:
She was kno\
sad, lonely
blood alcoho
during the au

The case w
homicide in v
ication involy
of any concre
involved. Of
were preparec
and Essie’s pi
as other more

_ from day-to-d

On August
collecting alu
Casper, Wyon
decomposed b
in a red blank
iff’s Departm:
was cordoned
processed. Th:
for imprompt
travelled. No
the body was 1
was attributed
gulation. The
through dental
woman by the

He conf
weren't |
ing his n

t

STARTLING DETECTIVE, February, 1982

with Flanagan to the spot where he said
the body could be found. Sure enough,
there it was. The flesh had already be-
gun to decay. The detectives kept
Flanagan at the scene while the body
was removed for the ride to the morgue
where an autopsy would be performed.
There were marks on the victim’s
throat, indicating Flanagan had stran-
gled him just as he had said. The autop-
sy would still have to be conducted,
though, to make it official.

The lab crew began its search for
physical evidence. True, Flanagan had
already confessed to this killing but the
detectives wanted as much backup evi-
dence as possible to put a lock on the
case.

As the sleuths walked Flanagan back
to their unmarked car, they got still an-
other surprise from their prisoner.
Flanagan now said he had killed another
man in Las Vegas in early October. The
detectives asked to be taken to the spot
where he had dumped this body, but
Flanagan said he could not do that. He
said he would be glad to tell them any-
thing they wanted to know about the
slaying but that taking them to the body
was out of the question.

The detectives decided to play

Flanagan’s game for the time being.
They asked who this victim was and
how he had killed him. Flanagan said he
killed this man the same way he had
killed Duggins. He had placed his hands
on the victim’s throat, wrapping them
around his neck and squeezing with ev-
ery ounce of strength he had until the
man no longer moved.

The sleuths asked Flanagan who this
victim was.

Flanagan replied this victim was a
man named James Lewandowski, a chef
in Las Vegas. He said he had met
Lewandowski in a bar before he met
Duggins. Flanagan claimed he took
Lewandowski back to his room where
he was going to sell him some sex. The
suspect said his room rent was due and
he needed Lewandowski’s money to
make the payment.

Once back at the room, though, he
decided to kill Lewandowski instead. So
Flanagan strangled him when he de-
cided the victim’s advances were
“*gross.””

Once they heard Flanagan’s story, the
detectives again asked to be taken to the
spot where Lewandowski lay dead.

Flanagan again said he could not do
it. They asked why.

Flanagan explained it was because he

“had cut the body into seven large pieces

and had placed those pieces into plastic
garbage bags. Then, he said, he had
tossed the bags into different trash
dumpsters behind hotels.

Flanagan was taken back to the coun-
ty jail where he would be held without
bail on two counts of open murder. The
following day, Detectives Ziola and
Geary turned their file on the cases over
to Chief Deputy District Attorney Dan
Seaton. With Flanagan’s confessions, it
appeared it would not be difficult to get
first-degree murder convictions.

Seaton. wanted more than _ that,
though. He wanted a death penalty for
this murdering busboy. 4:

The cases quickly worked their way
through Justice Court and into District
Court jury trials. It would be up to the
convicting juries to set Flanagan’s pun-
ishment at life in prison, with of without
the possibility of parole, or death by le-
gal injection. Two separate trials, in the
courtrooms of two different judges,
were scheduled.

Once again, Sean Flanagan decided
to make things easy for all concerned.
He told Judge Brennan he wanted to
plead guilty and be sentenced to death.

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Inside Detective 57


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This was in January, and he said he
hoped to be dead by February.

Judge Brennan told him it would not
be as simple as all that. A three-judge
panel, made up of Brennan and two ju-
rists from outside the Eighth Judicial
District, would have to preside over a

_ penalty hearing in the absence of a jury.
That panel would decide Flanagan’s
fate.

At the penalty hearing, Flanagan in-
formed the judges he would kill again in
the state prison if allowed to live. He
begged for the death penalty. And the

"judges gave it to him.

He was taken back to his cell to await
the disposition of his case in the court-
room of Judge John Mendoza. Flanagan
had already pled guilty there, too. It was
just a matter of putting together a three-
judge panel to decide his penalty.

But the following week Sean
Flanagan found himself before Judge
Brennan again. The confessed killer
now said he had found God since being
condemned to death and had decided he
didn’t want to be executed after all. A
minister, he said, had visited with him at
the jail over the weekend, had helped
him find religion and had convinced
him to try to cancel his date with the ex-
ecutioner.

Judge Brennan refused to give
Flanagan a new penalty hearing. He said

Flanagan had already had his day in
court and he must pay for the murder he
committed.

Flanagan’s change of heart caused
the second penalty hearing to be post-
poned until early June. He told the
three-judge panel in Judge Mendoza’s
courtroom that he wanted to live the rest
of his life for Jesus Christ.

‘Anything I do is for the Lord and to
glorify God,’ Flanagan told the panel.

D.A. Seaton countered, saying, ‘‘You
are signing a death warrant today, one
way or another.’’ Seaton reminded the
judges that Flanagan had promised td
kill again if he got the chance, even
though that. promise was made before
the murderer had found religion.

The judges required only two hours
of deliberation before sentencing
Flanagan to death. Now the defendant
had two dates with the state’s execu-
tioner. Obviously, he would only be
able to keep one of them. Just when that
first date would be was and is any-
body’s guess. It takes years for a death
penalty appeal to make its way through
the state court system and then the fed-
eral court system.

All the while, though, Sean Flanagan
will be kept under close guard as he
lives out his days on Death Row. There
will be little chance of his being able to
kill again. &

land, or possibly to the mainland. And
there was the grim reality that if she had
been taken to one of the piers and the
body dumped into the gulf waters, offi-
cials knew she might never be found.
. Detectives Kessler and Hansen spent
endless hours checking on Ford Bron-
cos and Chevrolet Blazers that had been
repaired or had been seen on the island
at the time of Shelley’s disappearance.
Added to their problem was the fact that
_ it could not be established if the persons
in the vehicle might be residents of Gal-
veston Island or visitors who come to
the island daily for its recreational facil-
ities.

At the end of a month despite the fact
that thousands of manhours by police
and volunteers had been expended on
the case, lawmen were no further ad-
vanced in solving the mystery than they
had been from the first day.

With the passing of time, publicity
died down and most people figured it
would be one of those unsolved myste-

58 Inside Detective

ries, except for Shelley’s fiance, her
parents and friends and, of course, De-
tectives Hansen and Kessler. They were
determined that eventually they would
turn up something that would break the
case.

They scanned the National Crime In-
formation Center reports for any similar
crime that might have taken place else-
where. They were hampered by the fact
that the only solid information they had
was a rather vague description of one of
the kidnappers and that two men had
been in a red and white Ford Bronco or
Chevrolet Blazer.

With no new leads to follow, Hansen
and Kessler went on to other pressing
cases, but there was seldom a day that
went by that they did not mention the
Shelley Sikes case.

Near the end of 13 months of fruitless
searching for the victim, Kessler told
Hansen, ‘‘If we could just locate her,
there might be some evidence that
would give us a new lead.”’

“‘But where?’’ Hansen asked. ‘‘]
think every square inch of this island
must have been searched at one time or
another.”’

‘“We’ll get the break if we just keep
looking for it,’’ Kessler said. ‘“We’re
going to solve this one sooner or later, if
it is the last thing we do.”

Their break came from the most un-
expected place.

A call from El Paso Detective Curtis
Flynn came in and was taken by Kess-
ler. ‘Does the name of John Robert
King ring a bell for you guys?’’ Flynn
asked,

Kessler racked his memory for the
name and then put the question to Han-
sen. He did not recall any investigation
in which the name of John Robert King
had been involved.

‘“Why do you ask?’’ Kessler ques-
tioned Flynn.

“‘We’ve got a strange one,”’ Flynn
responded. ‘‘I don’t know just what
it’s all about at this time, but it seems to
involve some girl who may have been
abducted and killed in Galveston about
a year or so ago.”’

“‘Shelley Sikes?’ Kessler exploded
the name.

“IT don’t know her name,’’ Flynn
told him.

“‘What’s this all about?’’ Kessler
queried, signalling Hansen to take an
extension line to listen in on the call.

Flynn related that his office had re-
ceived a call from someone in Gal-
veston. The caller reported that they had
received a call from a relative who had
talked about committing suicide, saying
he was sorry to cause them trouble, but
could no longer live with the guilty
knowledge that he had concerning kid-
napping and possibly murdering a girl.

Officers had been sent to a motel
where the call had been placed to Gal-
veston. They found a confused man who
had nicked his wrists with a razor and
fashioned a noose out of a shoe String.
The man had been hurriedly taken to a
hospital. Emergency room doctors ex-
amined the slash wounds and said they
were not serious enough to even require
sutures. They placed bandages on the
man’s wounds.

“If the guy was really serious about
committing suicide, he did a lousy job
of it,’’ Flynn related. “*So, we took him
into custody on a charge of attempting
suicide.’’

“But what’s this about him kidnap-
ping and killing a girl?”’ Kessler ques-
tioned, anxiously.

“I'm getting to that,’’ Flynn replied.

Flynn related that he and other detec-


f
404 Nev, 221 PACIFIC REPORTER, 2d SERIES
4 | STATE v. FOUQUETTE. 5. Witnesses ©=2(1)
Ne. 3564. : At common law, in cases of felony, a
; defendant could not demand, as a matter of
{ ”: Supreme Court of Nevada. right, compulsory process for his witnesses.
i ie Aug. 10, 1950. | ae. 6. Witnesses C3!
_ Rehearing Denied Nov. 16, 1950. Statute providing that in criminal ac-
Clayton Octave Fouquette was convicted tion defendant is entitled to produce wit-
ana in the District Court, Clark County, Frank nesses on his behalf and uniform act to
McNamee, J., of murder in the first degree, secure attendance of witnesses from with-
| and he appealed. The Supreme Court, Me- out state in criminal cases do not confer
| Knight, District Judge, held that evidence upon the courts of the state authority to
1 | sustained finding that confessions of accused é
; procure the attendance and testimony of
t ware ime: feeciy, ane cused and were. tnesses from without the state, for the
[ not the result of torture, physical or psycho- ‘
Tah logical and were made without inducements, defendant in any case at the expense of the
it threats or the use of coercion or intimidation public. N.C.L.1929, § 10654; N.C.L, 1931-
| and without promise of reward or immunity 1941 Supp. §§ 11359-11359.06. a
if from punishment or other promises and that 7. Witnesses 6>4
, evidence sustained the conviction, : :
EEE ; Material witnesses from without the
a Judgment affirmed. ; cr
1a state may, under certain conditions, be com-
id {. Constitutional law C12 manded to attend and testify in criminal
A The first eight Amendments to the fed- prosecutions in the state and whether wit-
iW eral Constitution -have reference only to nesses are material can only be determined ©
1 powers exercised by’ the United States by the judge after hearing at which a show-
t| whether by Congress or by the judiciary 1n8 must be made that the testimony to be
Tie and are in no wise a restriction upon the given by the witnesses is material. N-C.L.
I} i) power of the states or in any respect appli- 1931-1941 Supp. §§ 11359-11359.06,
ikl / cable to state courts.’ U.S.C.A.Const. 5 Witnesses G>4
4) Amends. 1-8. ' oy
q | 4h Failure to summon witnesses from out-
| a 2. Constitutional law @=251 side state to attend and testify at trial was
a 1 The terms “due process of law’ and not error where affidavits of such witnesses
ata || “law of the land” are synonymous. showed their testimony to be immaterial.
Ni if See Words and Phrases, Permanent N.C.L.1929, § 10654; N.C.L. 1931-1941
AY} i Edition, for other judicial constructions Supp. §§ 11359-11359.06.
San. and definitions of “Due Process Of Law”
Pet bi and “Law Of the Land”. 9. Criminal law €>126(1)
ayit| Where circumstances exist which make
il 3. Constitutional law C257 it impossible to obtain an impartial jury or
Al yt The “law of the land” as applicable to where there is such a state of public ex-
y i criminal cases in state courts, necessarily citement against the accused that even an
it means the law of the state where the of- impartial jury would be likely to be intimi-
AME fense is committed and where the trial dated and overawed by public demonstra- 4
Y \ ect takes place. tions against the accused, accused is entitled
Salli to a change of venue. N.C.L.1929, § 10913.
anni 4. Constitutional law >266 |
NT “Due process of law” not only requires 10. Criminal law C137, 145
+1! li d that a party shall be properly brought into Where court, after considering afh-
an : court but that he shall have the opportunity davits and newspaper articles and oral
‘fh nit when in court to establish any fact which, testimony offered in support of and in op-
BA |} according to the usages of the common law position to application for change of venue
or the provisions of the Constitution, would denied application without prejudice on
be a protection to himself or property. part of accused to renew his motion at a H

inane