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THE FLORIDA TIMES-UNION (Jacksonville)

Tuesday,

7 September 1948, page 12.

Two Ne egroes Die

In Electric Chair

ee ee

RAIFORD, Sept. 6 (4*—Two ne-
groes died in the electric chair at
the State prison here today.

Elbert Harper of Polk County
went first. He was convicted of:
murdering Thomas P. Smith, Win-|
ter Haven bookkeeper, with, a:
hatchet in August, 1946. |

Alfonso Enmond of Dade County’
was convicted of rape in Dade last!
February. |

Neither made any final state-!
iment, Prison Superintendent L. F.|
‘Chapman said. '

1070 968 FEDERAL REPORTER, 2d SERIES

Bass also argues that Meiszer improper-
ly refused to hear testimony of other offi-
cers previously found to have used exces-
sive force in the line of duty who were not
terminated. It was not error for Meiszer
to refuse to allow these officers to testify
because they were not witnesses to this
case. In addition, Meiszer assured counsel
that he would consider the other incidents
in determining the disposition of Bass’
case. Because Meiszer’s consideration of
those incidents did not affect his decision in
a fashion favorable to Bass, he cannot now
claim a constitutional violation simply be-
cause he is dissatisfied with the ruling.

Equal Protection

Bass argues that he was denied equal
protection of the law as a result of dispar-
ate treatment he received compared to sim-
ilarly situated officers. There is, however,
no .constitutional violation merely because
Bass was terminated and other officers,
totally unrelated to the incident at issue in
this case, were reprimanded and not fired.
The city manager correctly decided that the
other. incidents of excessive force had no
bearing on Bass’ use of excessive force.
Meiszer properly stated that “(tJhe hearing
was not to consider what others had done,
the hearing was to consider what Officer
Bass did.” Simply because few, if any,
other officers were terminated for violating
the departmental policy, does not mean
that the type of excessive force Bass used
should not warrant termination.

[5,6] As-with selective prosecution in
criminal cases, Bass’ termination would vio-
late the equal protection clause of the
Fourteenth Amendment if it were based on
improper motives. United States v. Li-
chenstein, 610 F.2d 1272 (5th Cir.), cert.
denied, 447 U.S. 907, 100 S.Ct. 2991, 64
L.Ed.2d 856 (1980). Bass, however, cannot
show that the City’s termination of him
was selective, invidious, in bad faith or
based on impermissible considerations such
as race, religion, or his exercise of constitu-
tional rights. Jd. at 1281. We, therefore,
hold that summary judgment on the equal
protection claim would be proper.

Because there are genuine issues of fact
concerning plaintiff's claims, the summary
judgment for defendants must be reversed
and the case remanded to the district court
for further proceedings.

REVERSED AND REMANDED.

Robert Dale HENDERSON, AZ
Petitioner—Appellant,

Harry K. SINGLETARY, Secretary,
Florida Department of Corrections,
Respondent-Appellee.

No. 88-3680.

United States Court of Appeals,
Eleventh Circuit.

July 30, 1992.

After murder conviction and sentence
of death were affirmed, 463 So.2d 196, peti-
tion was filed for writ of habeas corpus.
The United States District Court for the
Middle District of Florida, No. 88-54—Civ-
Oc-16, John H. Moore II, J., denied peti-
tion. The Court of Appeals, 925 F.2d 1309,
affirmed. Petition was filed for rehearing.
The Court of Appeals, Clark, Senior Circuit
Judge, held that defendant voluntarily initi-
ated second confession and waived his
rights to counsel and to remain silent.

Petition denied.

1. Criminal Law €517.2(2)

Police officer’s questions did not vio-
late Edwards; defendant had waived his
previously invoked right to counsel when
he initiated his first confession and no fur-
ther invocation of right to counsel appeared
in record, officer testified that when he
picked defendant up at prison he was pro-
vided with defendant’s signed waiver of
right to counsel, and defendant did not

sr. CXecu KK /773 Eber

HENDERSON v. SINGLETARY 1071
Cite as 968 F.2d 1070 (1ith Cir. 1992) :

invoke his right to counsel when officer
picked him up. U.S.C.A. Const.Amend. 6.

2. Criminal Law €517.2(2)

Even if defendant’s Sixth Amendment
right to counsel had attached at time of his
second confession, there was no constitu-
tional violation; law applicable to defen-
dant was that Sixth Amendment rights
could be waived if knowing and voluntary
relinquishment was shown and such a
waiver had been shown. U.S.C.A. Const.
Amend. 6.

3. Courts <100(1)

Supreme Court Decision in Michigan
v. Jackson, that if police initiate interroga-
tion after defendant’s assertion, at arraign-
ment or similar proceeding, of right to
counsel, any waiver of right to counsel for
that police-initiated interrogation is invalid,
created a new rule of law that could not be
applied retroactively. U.S.C.A. Const.
Amend. 6.

4. Criminal Law ¢412.1(4)

There was no violation of constitution-
al magnitude in police officer’s continued
questioning of defendant after defendant
replied that he had “no comment” to offi-
cer’s first question concerning photo-
graphs; officer was justified in asking sec-
ond question to determine whether defen-
dant would talk about other aspects of
crime and although third question pushed
limit of acceptability it was essentially an
attempt at clarifying whether defendant
was willing to explain events not covered
by his first confession, defendant had stat-
ed to police officer before that he might be
willing to talk, and after third clarification
defendant’s right to remain silent was scru-
pulously honored. U.S.C.A. Const.Amend.
5.

5. Criminal Law <519(9)

One, but not the only, measure of vol-
untariness of defendant-initiated confession
is the more flexible measure of whether
sufficient period of time has elapsed since
termination of police questioning for defen-
dant to have rationally reflected on the
choice before him.

6. Criminal Law ¢517.2(1, 3), 519(1)

Sufficient amount of time elapsed for
defendant to have rationally reconsidered
his earlier refusal to talk to police on car
ride from state prison to county jail such
that defendant’s second confession was val-
id despite his earlier invocation of right to
counsel; prompted only by officers’ action
in stopping car to report to headquarters
that they were nearing their destination,
defendant spontaneously changed his posi-
tion, and defendant’s rights were again
read to him before he gave his statement.
U.S.C.A. Const.Amend. 6.

7. Criminal Law ¢517.2(2)

Record reflected that defendant made
intentional relinquishment or abandonment
of rights to counsel and to silence; his
rights were read to him twice prior to his
second confession and he explicitly waived
those rights before beginning confession
and his negative responses to officer’s
question showed that he knew he was un-
der no compulsion to talk. _U.S.C.A. Const.
Amends. 5, 6.

Billy H. Nolas, Office of Capital Collat-
eral Representative, Larry H. Spalding,
Martin J. McClain, Tallahassee, Fla., for
petitioner-appellant.

Richard B. Martell, Asst. Atty. Gen.,
Dept. of Legal Affairs, Tallahassee, Fia.,
for respondent-appellee.

Appeal from the United States District
Court for the Middle District of Florida.

Before FAY and HATCHETT, Circuit
Judges, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

Upon the request of one of the active
judges of the court to reconsider Part II of
our opinion of February 20, 1991, 925 F.2d
1309, we hereby modify our previous opin-
ion by deleting Part II.B, found at page
1314, and substitute the following Part
IIB:

B. The Confession to Perez

On February 11, 1982, Officer Perez of
the Hernando County sheriff's office met

C66L ‘Le Tt4dy ) Tq °9eTe ‘eqtym *eteq yazeqoy *‘NOSHAANHH

1072

with Henderson in the Putnam County
jail. Perez testified, “[Henderson] ad-
vised me that he would not talk to me at
that time, for me to return to Hernando
County, obtain the necessary paperwork,
return to pick him up, at which time it
would be a long ride back and we’d see
what happens in the interim.’ No fur-
ther statement was taken. On June 11,
1982, Perez and another officer trans-
ported Henderson from the Raiford State
Prison to Hernando County, a car trip of
several hours. Henderson was at this
time represented by counsel in both Put-
nam and Hernando Counties. During
the trip, Perez read Henderson his rights
and then showed him a picture of one of
the victims, asking, “Do you recognize
the person in this picture?” Henderson
replied, “No comment.” A few minutes
later, Perez again asked about the mur-
ders. Henderson replied, “I already told
other detectives and I know about what
you’re investigating, and I know you
have copies of my statement.” Perez
replied that he wanted to have clarifica-
tion of some of the events surrounding
the murders, but Henderson remained
silent, and Perez asked no more ques-
tions.. Perez testified as to what hap-
pened next:
We proceeded on the road. [The other
officer] had to pull over to use the
telephone to call in and advise our ad-
ministrator ... that we were coming
in. We were heading back. Just prior
to [the other officer] stopping the ve-
hicle to get ‘out, Mr. Henderson ad-
vised me, “Give me a Pepsi and a pack
of Winstons and I’ll tell you about this
shit,” at which time [the other officer]
asked me if I wanted something. I
said, “Yeah. You can get me a Pepsi.”
I just wanted a Pepsi, but he did come
back with a pack of Winstons and a
Pepsi for Mr. Henderson. A few mo-

. 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378
(1981).

2. 451 U.S. at 484-85, 101 S.Ct. at 1885.

3. United States v. Gouveia, 467 U.S. 180, 187,
104 S.Ct. 2292, 2297, 81 L.Ed.2d 146 (1984)
(holding that prisoners suspected of having
committed murder during incarceration did not

968 FEDERAL REPORTER, 2d SERIES

ments thereafter as we were driving

down the road, [Henderson] went on to

explain and tell me about the case.
1. Perez’ Questions
a. Right to Counsel

{1] Edwards v. Arizona' interprets
the fifth amendment as requiring that
“an accused, ... having expressed his
desire to deal with the police only
through counsel, is not subject to further
interrogation by the authorities until
counsel has been made available to him,
unless the accused himself initiates fur-
ther communication, exchanges, or con-
versations with the police.”* Perez’
questions did not violate Edwards. We
found in Part II.A. of our original opin-
ion that Henderson had waived his previ-
ously invoked right to counsel when he
initiated his first confession. No further
invocation of the right to counsel appears
in the record. Moreover, Perez testified
that when he picked Henderson up at the
Raiford State Prison, he was provided

_ with Henderson’s signed waiver of the

right to counsel. Henderson had not in-
voked his right to counsel when Perez
picked him up; therefore, no Edwards
violation occurred. :

[2] Henderson also argues that his
sixth amendment right to counsel had
attached at the time of Perez’ question-
ing. Henderson indeed had appeared in
“adversary judicial proceedings” * in re-
lation to the murders in Putnam County,
but Henderson had not appeared in any
adversary judicial proceedings with re-
spect to the Hernando County murders.
Indeed, counsel was not appointed for
Henderson until the day after his confes-
sion to Perez, and Henderson was not
indicted until five days after the confes-
sion. We are thus not confident that
Henderson’s sixth amendment rights had
attached at this time.‘

possess a sixth amendment right to counsel
while in administrative segregation and prior to
initiation of adversary judicial proceedings).

. See Moran v. Burbine, 475 U.S. 412, 106 S.Ct.

1135, 89 L.Ed.2d 410 (1986) (pre-existing attor-
ney-client relationship did not create sixth
amendment right to counsel); United States v.

HENDERSON v. SINGLETARY 1073
Cite as 968 F.2d 1070 (11th Cir. 1992)

[3] Were we to hold that Henderson’s
sixth amendment right to counsel had
attached at the time of his second confes-
sion, we would nevertheless find no con-
stitutional violation in Perez’ questions.
After Henderson’s conviction was final,
the Supreme Court determined that Ed-
wards’ requirement that police not initi-
ate an interrogation after a defendant
has asserted his right to counsel would
also apply in the sixth amendment con-
text.5 However, Michigan v. Jackson
created a new rule of law that is not to
be applied retroactively ® under Teague v.
Lane.’ The law prior to Jackson was
that sixth amendment rights could be
waived if a “knowing and voluntary re-
linquishment” ® is shown. We find such
a waiver in part II.B.3 below.

b. Right to Terminate Interrogation

[4] It is a close question whether Per-
ez should have ceased any further ques-
tioning after Henderson replied that he
had “no comment” to Perez’ first ques-
tion concerning the photograph. This
circuit has held that, following an equivo-
cal request to halt an interrogation, “the
only proper course of action [is] to at-
tempt to clarify whether [the defendant]
indeed intended to invoke his right to cut
off questioning.” * Henderson’s first re-
sponse only showed that he did not want
to discuss the photograph. Perez was
justified in asking a second question to
determine whether Henderson would talk

Langley, 848 F.2d 152, 153 (1 ith Cir.1988) (“The
mere filing of a complaint and the issuance of a
warrant” does not create sixth amendment
right).

. Michigan v. Jackson, 475 U.S. 625, 106 Sc.

1404, 89 L.Ed.2d 631 (1986).

. Collins v. Zant, 892 F.2d 1502, 1510-12 (11th

Cir.1990).

. 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334

(1989).

Tinsley v. Purvis, 731 F.2d 791, 794 (11th Cir.
1984).

. Martin v. Wainwright, 770 F.2d 918, 924 (11th

Cir.1985); see also Delap v. Dugger, 890 F.2d
285, 290 (11th Cir.1989) (“It is well settled that
even an equivocal invocation by the suspect of
the right to cut off questioning requires that the

about other aspects of the crime.
Henderson’s second response was more
on point, indicating that he had already
made a statement. Given this response,
Perez’ third question pushed the limit of
acceptability. However, we believe that
this third question was essentially an at-
tempt at clarifying whether Henderson
was willing to explain events not covered
by the first confession. The appropriate-
ness of the continued questioning is bol-
stered by Henderson’s statement to Per-
ez in February that he might be willing
to talk during the ride to Hernando
County. After the third clarification,
Henderson’s request to remain silent was
“scrupulously honored.”’!° We therefore
find no violation of constitutional magni-
tude in Perez’ questions."

Even were we to find Perez’ continued
querying improper (which we do not), the
resulting statement would still be admis-
sible since Henderson both initiated the
dialogue and waived his previously-as-
serted rights to silence and counsel.”
Both of these tests are satisfied in
Henderson’s case.

2. Initiation

[5,6] We find that Henderson initi-
ated the confession, because a sufficient
period of time elapsed between Perez’
requests for Henderson to confess and
Henderson’s initiation of his confession.
We note that “for a ‘significant period’
following a request to cut off question-

interrogation cease, and further questions are
limited to clarifying whether the suspect in fact
desires to terminate the interrogation.” (cita-
tions omitted)); Nash v. Estelle, 597 F.2d 513,
517 (5th Cir.1979) (en banc) (discussing permis-
sible clarification of right to counsel).

10. Michigan v. Mosley, 423 U.S. 96, 103, 96 S.Ct.

321, 326, 46 L.Ed.2d 313 (1975) (citation omit-
ted).

11. Cf. Lightbourne v. Dugger, 829 F.2d 1012,

1019 (11th Cir.1987) (“[A]fter the police attempt-
ed to clarity petition’s question, petitioner spon-
taneously resumed discussions concerning the
gun and the necklace without inducement.”).

12. Christopher v. Florida, 824 F.2d 836, 844

(11th Cir.1987); see also Smith v. Illinois, 469
U.S. 91, 95, 105 S.Ct. 490, 492, 83 L.Ed.2d 488
(1984).

1074 968 FEDERAL REPORTER, 2d SERIES

ing, ... the police are barred from inter-
rogating [a suspect].”'> However, we
do not believe the same time standard
necessarily applies to a situation in which
the police discontinue questioning and
the defendant subsequently initiates a
confession. The “significant period”
standard was developed for situations in
which the police are asked to stop ques-
tioning and then resume questioning."
It does not make sense to apply the same
time standard to situations in which the
defendant controls the time period be-
tween the end of police questioning and
the start of a defendant-initiated confes-
sion. Courts must instead satisfy them-
selves that the defendant-initiated con-
fession was not the product of improper
police questioning or pressure.© We be-
lieve that one, but not the only, measure
of the voluntariness of a defendant-initi-
ated confession is the more flexible mea-
sure of whether a sufficient period of
time has elapsed since the termination of
police questioning for the defendant to
have rationally reflected on ‘the choice
before him.!®

Perez did not testify as to how much
time elapsed after his last question and
before Henderson offered to confess.
However, as quoted above, he did state
that they “proceeded on the road’ in

silence following the last question.

Prompted only by the officers’ actions in
stopping the car to report to head-

13. Christopher, 824 F.2d at 844 (citation omit-
ted).

14. See, e.g., United States v. Hernandez, 574 F.2d
1362, 1369 (5th Cir.1978). :

15. Cf. United States v. Evans, 917 F.2d 800, 805
(4th Cir.1990) (finding confession admissible;
“Approximately 55 minutes had elapsed be-
tween the time that [the police] informed [the
defendant] in the automobile of what would
happen at processing and before the magistrate,
and the time that Evans initiated further conver-
sation and indicated that he wished to cooper-
ate.”).

16. See United States v. Gomez, 927 F.2d 1530,
1538 n. 8 (11th Cir.1991) (“It may be possible
for enough time to elapse between the imper-
missible further interrogation and _ the ‘initi-
ation’ that the coercive effect of the interroga-
tion will have subsided. Here, however, ... the
few minutes during which Gomez was being

quarters that they were nearing their
destination, Henderson spontaneously
changed his position and declared that he
would talk. Only after the phone call
was made, the trip was resumed, and
Henderson’s rights were again read to
him did Henderson give his statement.

These events indicate that a sufficient
amount of time elapsed for Henderson to
have rationally reconsidered his earlier
refusal to talk. Perez did not merely
switch the topic of conversation or brief-
ly interrupt his interrogation in response
to a request from Henderson. The ques-
tioning ceased completely.!7 Even as-
suming that Perez and Henderson were
silent for just a short period of time,
Henderson’s turn-about was provoked by
his own desire for refreshments, not by
the badgering of the police.

Moreover, Perez never offered
Henderson anything in exchange for his
testimony. The Pepsi and the cigarettes
were provided after Henderson asked for
them, not after Perez offered them or
threatened to withhold them in exchange
for a confession. This case, involving
only a bare request for a confession,
must be distinguished from similar cases
in which the police through implicit or
explicit promises or threats induce a con-
fession.’® Perez’ questioning provided
Henderson with no information except

escorted to [the] holding cell [does not] consti-
tute time sufficient to overcome the coercion of
the interrogation.”); Robinson v. Percy, 738 F.2d
214, 221 (7th Cir.1984) (“Robinson emphasizes
that only a couple of minutes elapsed between
the captain’s illegal questioning and his own
confession. Although this was not a lengthy
break in time, we believe that several other
factors show that Robinson's confession was
independent of his earlier statements.”).

17. Cf. Christopher, 824 F.2d at 846 (“[W]e con-

clude that, because the initial police-initiated
interrogation was still in progress when Christo-
pher asked the question at issue, this question
was not an ‘initiation;’ rather, it was merely a
question posed during the course of an on-going
police-initiated interrogation.”).

18. Cf. United States v. Gomez, 927 F.2d at 1537

(“[T]he agents here continued to talk to Gomez,
stressing the importance of cooperating.”).

—

JULY, 1983 © $1.25

TRUE DE
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never have
an years as
srrible.”
che Midwest

ter of 1982
rrible times
‘oblems had
uary 14th,

‘Stanfield, a
shed during
to buy some
ed that she
e shopping
ch her gold
ly was re-
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until Wed-
a her lifeless
idoned barn
ectives said
o a hay bail
rutally stab-

was ‘a day

and South
iever forget.
ston police
les south of
illet-riddled
la Lee Rus-
ist had been
iy afternoon
y to drive to
brown 1982

time in the
midnight,”
reer told re-
: young wo-
apparently

the south,
eputies dis-
y Wilkinson
f the East
2 where she
47 was mis-

ers
a

Robert Dale Henderson was escorted to the Pa

sing from the cash register and “there
was a tremendous amount of blood,” ac-
cording to Sheriffs Captain Cliff Miller,
“the medical examiner ruled that she
died of a cerebral hemorrhage.”

That ruling, in light of the events of
the next three weeks, would have to be
reconsidered.

As Putnam County deputies com-
pleted their survey of the scene of

* ath Ae
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* Bw i K

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Palatka, where the body of Dr. Murray
Federber, 79, had been found by his
wife. The grieving woman explained
that it was about 12:30 p.m., when she
came home from a short shopping ex-
pedition to discover her husband’s body
slumped in his favorite chair in the liv-
ing room. On his lap was a telephone
book, in the back of his head a .22-
caliber slug. Captain Miller’s deputies

latka, Florida, courthouse where he was charged with Ferberber’s murder.

About 5:00 on that long and grisly
afternoon, just across the Georgia line
in Valdosta, Mary Lee Stewart and her
12-year-old daughter, Sue Ann, had just
returned from a shopping trip of their
own. As they put their packages down in
the kitchen, Sue Ann heard some
strange sounds coming from the front of
the house. When she went to investi-
gate, she was confronted by a man with

ee es a

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Dorothy Wilkinson’s death, they were turned up no sign of forced entry and a large cowboy hat on his head and a
summoned toa mobile homeinthetown nothing appeared tobe missing fromthe small gun in his hand prowling about
of Satsuma, 15 miles south of East retired physician’s trailer. the den.

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by JOSEPH KOENIG

PUNTA GORDA, FLORIDA
MARCH 21, 1982

In the summer of 1981, shortly before
his release from the Wyoming State
Penitentiary, 36-year-old Robert Dale
Henderson was given a work-release job
in a motel in nearby Rawlins. Although
the pay wasn’t much, the hours were
terrific. Best of all, his social life—
something he hadn’t had much of dur
ing his three long years behind bars—
couldn’t have been better. When he be-
came friendly with a waitress at the
motel, a pretty, 22-year-old divorcee
from the midwest, the mother of two
young children, he decided to stick
around Rawlins after his time was up.
On November 20th, barely four months
after he became a free man again, they
married.

Although her new husband had done
hard time, the young woman had high
hopes for their marriage. Henderson
was eager to leave Wyoming, to move
back to her parent’s 19-acre tobacco
farm in the village of Cherry Fork,
Ohio, about 70 miles east of Cincinnati.
They made the trip before the year was
out and quickly settled into a white
trailer just outside of town. Henderson
found work at his brother-in-law’s gar-
age and also helped out on the farm.
Everyone agreed that he got along won-
derfully with his wife’s parents, Ivan
and Marie Barnett, whom he called
“Dad and “Mom.”

Her marriage, Henderson’s wife
would tell a reporter a month later, had
seemed “too good to'be true.” But her
happiness was to be extremely short-
lived.

At precisely 5:17 on the brutally cold
Friday afternoon of January 22, 1982,
Henderson’s brother-in-law phoned the

Adams County sheriffs department to

report that he had just discovered the

nd
a4
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|

brutally slain bodies of his parents and

after, Deputies Chris Reed and Robbin
Poole arrived at the lonely, white farm-
house where 61-year-old Ivan Barnett
and his 57-year-old wife had raised
their 11 children. What they found in-
side sent the rest of the eight-man
sheriff's department racing to the scene.

“It was the most awful thing I’d seen
in all my years in police work,” a deputy
would recall. “Mr and Mrs. Barnett and
Cliff had all been shot in the head with a
small caliber gun, a .22. They were sit-
ting around the dining room table and it
happened so fast that Ivan and Marie
were still holding cups of coffee in their
hands. The little boy was lying next toa
pile of plywood, like he’d got shot the
second he came in the back door.”

A search of the farmhouse revealed
that it had been ransacked by the
slayer. Closets had been emptied and
drawers pulled out of bureaus. Missing
were a few thousand dollars and some
guns, among them the suspected death
weapon.

“It wasn’t hard to figure out what the
motive was,” the deputy said. “It was no
big secret that the Barnetts didn’t trust
banks. There was about $38,000 in the
house that the killer overlooked. There
wasn’t that much missing at all.”

One thing that was missing, though,
was Ivan and Marie Barnett’s new son-
in-law, Robert Dale Henderson. The
ex-con’s brother-in-law told deputies
that he had (had to fire him recently
because of his constant drinking. He

added that he could not understand why.

his parents had been slain.
“My parents would have given him

money,’ he said Aceaei od “if he needed °

money.”
A medical examiner placed the time
of death at some time on Thursday.
“It: was a terrible shock to this
county,” Sheriff Thomas Fulton would

‘tell newsmen later.-“We only have
youngest brother, Cliff, 11. Not long:

24,000 people here and we never have
had much crime:-in my ten years as
sheriff. But this was just terrible.”
For lawmen throughout the Midwest
and South, the early winter of 1982
would be among the most terrible times
they had known. Their problems had
begun on Thursday, January 14th,

when 30-year-old Jerilyn Stanfield, a °

Cincinnati housewife, vanished during

‘a trip to the Eastgate Mall to buy some

cosmetics. Police determined that she
had been abducted in the shopping
center parking lot, to which her gold
Volkswagen subsequently was re-
turned. That was the only clue in the
case for nearly two weeks, until Wed-
nesday, January 27th, when her lifeless
body was found in an abandoned barn
some ,25 miles away. Detectives said
that she had been bound to a hay bail
and raped before she was brutally stab-
bed.

Monday, January 25th, was ‘a day
which lawmen in Florida and South
Carolina and Georgia will never forget.
About 10:45 a.m., Charleston police
combing woodlands 18 miles south of
the city came upon the bullet-riddled
body of 21-year-old Lucinda Lee Rus-
sell. The part-time model last had been
seen alive at 5:30 on Sunday afternoon
as she left a Superbow! party to drive to

her boyfriend’ s house in her brown 1982 |

Dodge Aires.

“We think she died sometime in the
late evening, maybe about midnight,”
Charleston Detective Bill Greer told re-
porters. He added that the young wo-
man’s car had been stolen, apparently
by her killer.

Three hundred miles to the south,
Putnam County, Florida, deputies dis-

\covered 50-year-old Dorothy Wilkinson

sprawled on the floor of the East
Palatka western wear store where she

was employed. Although $47 was mis-

Police turned up 12 bodies and no motive in the drifter's

‘THREE-WEEK |
FIVE-STATE _

MURDER SPREE

Robert |

sing from tl
was a treme
cording to S)
“the medice
died of a ce)

That ruli
the next thi
reconsidere:

As Putn:
pleted thei
Dorothy Wi
summoned 1
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ices SoC 6a

‘8

The stranger leveled his gun and
forced the child back in the kitchen.
Then he made Sue Ann and her mother
undress. After tying their hands with
pantyhose, he raped Mary Lee Stewart
and then attacked Sue Ann.

When the man turned his back on her, |

Mrs. Stewart slipped her bonds and
scooped up the .22-caliber revolver he
had placed on the floor. In a long, sweep-
ing arc she brought the barrel down
hard over his head.

Stunned, and in obvious pain, the in-
truder let go of the little girl and
sprinted toward a door with both women
hot on his trail. Mrs. Stewart squeezed
off a shot which seemed to graze his
skull before the bullet lodged in the
wall.

Suddenly, the man stopped and
wheeled and grabbed the gun from the
woman’s hand. But before he could
harm her mother, Sue Ann hit him over
the head with a candy dish and both
women watched as he made his getaway
in a new brown Dodge Aires carrying
South Carolina license plates. Two
days later, on Wednesday, January
27th, the vehicle was found at a bus
station in Macon, Georgia. According to
Lowndes County, Georgia, Sheriff G.
Robert Carter, in Valdosta, witnesses
said that the car had been left there late
on Monday night..

On Wednesday evening, police in
Pascagoula, Mississippi, were alerted to
a possible missing person case when the
husband of Cheryl McDonald, 37, re-
ported this his wife was not at home
when he finished work at a local ship-
yard. Neither had she left a note to say
where she was. He told detectives that
his wife regularly visited her 89-year-
old grandmother at the Singing River
Hospital in Pascagoula and always
came back home long before he did.

The investigation
McDonald’s whereabouts quickly led
police to believe that the woman had
been abducted from the hospital park-
ing lot. Hopes for her safe return came
to a cruel end at 10:15 the following

‘morning when her body was found out-

side a tiny cemetery near a deserted
road leading to the Alabama border.
The woman had been raped and then
shot to death with a .22-caliber bullet
fired into her head. According to Pas-
cagoula Police Lieutenant G.J. Brooks,
her 1978 Mercury Marquis had been
taken by the killer.

The following day, Friday, January
29th, West Baton Rouge Parish,
Louisiana, police found Cheryl
McDonald’s Mercury in the parking lot
of a Port Allen nightclub. Inside the
club they made another discovery, that
of the body of the club owner and bar-
tender. Sixty-one-year-old Sam Corrent
had been shot to death and a relative’s
silver pickup truck was missing from its
usual spot in the lot.

into Cheryl

The hunt for the truck lasted until

Thursday, February 4th, when it was
found abandoned in an undeveloped
subdivision less than ten miles outside
Arcadia, Florida. There were two suit-
cases inside, one containing women’s
clothing, the other men’s. There were
also two spent cartridges from a .22-
caliber pistol and a cowboy hat on the
seat.

About 1:30 on Saturday afternoon,
February 6th, Charlotte County dep-
uties in Punta Gorda, Florida, 25 miles
southwest of Arcadia, received a call
from a man who wanted to report that a
car stereo had been stolen from a blue
1964 Buick in the parking lot of the
Aqui shopping center. The assignment
went to Deputy Curtis Moore, a veteran
officer who felt no great sense of
urgency as he wheeled his cruiser-into
the lot. The call seemed even less impor-
tant when Moore was unable to find a
blue Buick. He was wondering what to
do next when he was flagged down by a
man ina baseball cap and cowboy boots
who was leaning against a railing on a
ramp for the disabled. The man, who
seemed quite friendly, introduced him-
self with the announcement that he was
wanted for murder.

“My gun’s in the bag,” he added, as he
put his hands on the roof of the cruiser,
ready to be frisked, “and I want to give
myself up.”

Mobre looked inside a purple nylon
bag the man was carrying and found a
nickel, a green hammock, some ciga-
rettes, matches, a ski cap and a nine-
shot, .22- caliber semi-automatic pistol.

And then, as Deputy Moore remem-
bers it, “He started naming states like
I’d name the alphabet. Iran them back
through the computer. They all came
back. He was legitimate.”

Deputy Moore quickly handcuffed the

man, who identified himself as 36-.

year-old Robert Dale Henderson, and
then read him his constitutional rights.
Over and over again, he asked his pris-
oner if he wanted a lawyer.

“I’ve done time at Wyoming and
Raeford,” the bald man answered pleas-

awnerSam Corrent, =
) Suspect led i inves- 7

antly. “I know the ropes. I don’t mind.”

When he was brought to sheriffs
headquarters, investigators at first re-
fused to believe his story, that of a
month-long crime spree that had
claimed at least a dozen victims. But the
following day, as authorities tried to
unravel the complex web of mass mur-
der, he was arraigned in Charlotte Dis-
trict Court in Punta Gorda on three
counts of murder stemming from the
January 21st shooting deaths of his in- °
laws in Adams County, Ohio. In addi-
tion, he was hit with charges of posses-
sion of a firearm on an Ohio warrant
and possession of a firearm by a con-
victed felon in Florida. He was ordered
held without bond on the Ohio charges
and under $5000 bond on the Florida
gun rap. —

Speaking with newsmen, Charlotte
County Sheriff Glen Sapp said that
police in Ohio, South Carolina, Georgia,
Mississippi and Louisiana were lining
up with arrest warrants for his prisoner.
According to sheriff's department —
spokesman Byron Snowden, Henderson
already had been charged with robbery,
rape, burglary, aggravated assault and
sodomy in Valdosta, Georgia.

Sapp told the reporters that when
Henderson gave himself up he had no
car and “only a little money in his poc-
ket. We think he hitchhiked to Punta
Gorda,” probably on Saturday morning.
Apparently, Henderson had been “wan-
dering aimlessly” around Florida.

’“But why do you think he gave him-
self up in Punta Gorda?”:a reporter
asked.

“Maybe he couldn’t sleep any more,’
Snowden suggested.

Hoping to come up with a motive for
the month-long bloodbath, newsmen
launched.a hurried probe of Robert Dale
Henderson’s personal history. They
learned that he was the second of six
children born to a Boonter, Missouri,
family 36 years ago. For years his folks
had drifted around the midwest, finally
setting in Poplar Bluff in the southeast
Missouri flatlands. At Poplar Bluff

(Continued on page 71)

don’t mind.”
to sheriffs
s at first re-
, that of a
that had
tims. But the
ties tried to
yf mass mur-
arlotte Dis-
da on three
g from the
ths of his in-
Ihio. In addi-
es of posses-
hio warrant
m by a con-
was ordered
hio charges
the Florida

n, Charlotte
p said that
ina, Georgia,
_ were lining
‘his prisoner.
department
n, Henderson
ith robbery,
assault and
ja.

that when

ay morning.
d been “wan-
Florida.

e gave him-
”.a reporter

p any more,”

a motive for
h, newsmen
f Robert Dale
istory. They
second of six
er, Missouri,
ears his folks
west, finally
he southeast
oplar Bluff
on page 71)

2 of mind and was
nto lowering a gun
mitting to arrest.
eatened with gun-
f the award, ‘‘you
d forcefully con-
successfully per-
kill himself. You
il courage, pre-
‘ffected the arrest
rder suspect.
iced you to a level
artment wishes to
cluded, ‘‘and you
ended for it.’’
on December 14,
inor wound when
. his partner that
ed to investigate a
or lounge at South
enue. When they
their patrol car, a
gan beating on the
e limb about three
cers stepped from
an, Ferguson was
| received a minor

on an operating
tly but quickly re-
nes to enable him

it once again talk.

h Heather and ar-
ve one who had so
d him down. At
emerged from the
m and smiled at

iin for awhile, and
» watch on him for
uld be as good as

for her husband to
d from Marsha’s
efully at the good
isted the sheets
ed him ice water
nevents at home.
he reassured him.
cture in the paper
y daddy.’ People
y’ve been marvel-
\ing to help us.”’
n’s assailant was
ifferent treatment
leagues. When an
vn in the perfor-
each policeman
easily could have
ded man’s place.
‘rsonal vow to do
2r to see that the
ustice.
son's plight over
sgt. Charles Sim-
in South Orange
itrol car to render
could. As he kept
guson’s plain car,
ided south on the
1g quickly around,

T.P.C. T.p.c,

Sgt. Charles Simmon rests after hectic car
chase in pursuit of suspect. Later, he re-
ceived a special citation.

he pursued the detective’s assailant as the
fugitive turned east on Amelia Street,
south again on Westmoreland Drive and
back east on Federal Street.

Bent on catching the suspect fleeing
from him in a wounded police officer’s
car, Simmons pressed his patrol cruiser’s
accelerator and wrestled its steering
wheel as he chased Henry around corners
and down Federal Street. At one point, he
lost control of the car. It slid sideways
and smashed into the curb, breaking the
rear axle in two places.

Simmons paid no mind to the mishap.
He managed to regain control of his
speeding auto and stayed in pursuit of
Henry until the suspect slammed on his
brakes and screeched to a halt at the
corner of Federal Street and Parramore
Drive.

Henry clambered from Ferguson’s car,
leaped a fence and fled on foot into an
area of citrus groves and warehouses
while Simmons tried to bring his crippled
auto to a halt. When he ‘applied the
brakes, however, his axle gave way and
the car ran into a tree, knocking it down,
and into a propane gas line, breaking it
also.

Simmons and his partner, Jim Buzzard,
leaped from the wrecked police cruiser
and jumped the fence after Henry, but the

suspect already had disappeared into the
trees.

Inspecting Ferguson’s car, the two of-
ficers discovered that Henry had left the
officer’s walkie talkie and weapons in the
car, so he probably was no longer armed.

Responding to the two officers’ broad-
cast over the radio in their wrecked
cruiser, dozens of Orlando police officers
and Orange County Sheriff's deputies
armed with shotguns, some of them ac-
companied by police dogs, cordoned off
an eight-block area in which the fugitive
probably was hiding. While the Sheriff's
Department’s helicopter scanned the
area from overhead, city policemen set
up an interior perimeter of searchers,
backed up by a more loosely-knit exterior
perimeter formed by sheriff's deputies.

Shortly after noon, a deputy sheriff and
an Orlando policeman searching an
apartment complex between the two
perimeters spotted Henry hiding behind a
washing machine in the laundry room.
When confronted by the officers, the sus-
pect surrendered without incident.

On March 29, Henry made his initial
court appearance on the charges filed
against him in the robbery and murder of
Riley and the shooting of Ferguson.
Wearing a white jail jumpsuit, Henry sat
impassively and said nothing as County
Judge Sylvan McElroy read the charges

Orlando police officers were quick to vol-
unteer blood for their wounded colleague
and vowed to catch the gunman.

of first-degree murder in the slaying of
Riley; assault with intent to commit mur-
der in the shooting of Ferguson; and the
two counts of robbery in the theft of
Riley’s wallet and the theft of Ferguson’s
pistol and patrol car.

The following day, Riley was laid to
rest by his grief-stricken friends and
neighbors. One by one, mourners step-
ped up to the flower-draped coffin con-
taining the body of Zellie L. Riley. He was
dressed in a grey, pin-striped suit with
wide lapels, a white handkerchief, and a
blue and yellow paisley tie.

Many of the viewers quickly wiped
away a self-conscious tear while others
wept openly in their grief for the
81-year-old man who had been brutally
murdered during a robbery at his home.

“*He’d been beat. They cut him,”’ some
of the mourners murmured to each other
in disgust and anger as they gazed at the
evidence of brutality inflicted on the old
man that the undertaker had been unable
to hide.

More than 500 people had signed their
names in the book entitled, ‘‘Lest We
Forget,’’ by the time funeral services
began for Riley at 2 p.m. in the Mt. Olive
Baptist AME (African Methodist Epis-
copalian) Church at 425 West Washing-

(continued on page 67)
29

ae Tencn

sr Sener

| More’

3on’s assault with his .

| with similar events
officers earlier in the
slice Department was
1ing the old standard
1g a Suspect against a

an automobile hood
ied. Ferguson sup-
ving a suspect lie flat
: searched and ques-

iber of things I would
tly.”’ said Ferguson
with death, ‘‘but if
| with the same situa-
ly do the same things

for the murder: of
escheduled for June
se attorney, Harry
a Statement taken by
thrown out. Henry
iley’s house, but de-
elderly civil rights
‘laimed that the ac-
atimidated by inter-
: had shot Ferguson
ioned by the officer’s

) be hurt by them if I
n,’’ said Henry, but
ed the request.

ry returned a verdict —

sday, June 26, after
beration. Then, after
utes, the same jury
nend the death pen-
> verdict calmly, his
ng to lean his head
chair and to place his
iin.

dered that Henry be
lenry still remained
; arms as though he
n up, then was led
uarded and locked
t bailiffs and three

ied a narrow hallway
: of the courtroom to
iry made a desperate

ped toward Henry to
us left wrist, Henry
mouth with his fist,
iff's head into the
wall. The bailiff
r in a daze as blood
h and from ashallow
his head.

‘ached for Henry sh-

in next page)

outing, ‘‘Get that dirty bastard!’ __

A swarm of bailiffs and policemen de-
scended on the would-be escapist and cut
short his bid for freedom less than 10 feet
from where it began. During the ensuing
struggle, one bailiff suffered a gashed left
hand and another received a blow to the
right side of his head. After scuffling
about two minutes, the bailiffs and offic-

ers forced Henry’s hands behind his back ~

and handcuffed him. Refusing to give up

even then, the slayer began kicking at his

captors.

‘‘Grab his feet and hang on,”’ grunted a
bailiff who was almost on the bottom of
the pile of bodies struggling in the narrow
hallway.

Afraid that Henry would try again to
escape if he were allowed to regain his
feet, the bailiffs bodily lifted Henry by his
feet and the handcuffs on his wrists and
carried him into the elevator.

One bailiff later said that even if Henry _

had reached the main hallway outside the

courtroom, he would have been mrt by’

four guards. Security had been made un-
usually tight because after the guilty ver-
dict was announced, Henry reportedly
told a friend in the hallway: ‘‘Bring me
back a shotgun. They’re not going to burn
me,’’ and also had allegedly told several
prisoners he. wouldn’t return to prison
alive.

Officer Ferguson, who had testified at

- the trial, suspected what was happening

when he heard the sounds of scuffling in
the hallway. Accompanied by another
Orlando policeman, Ferguson reached
for his service revolvers as they ran to-
ward the sound of fighting. Seeing that
Henry had been subdued, Ferguson
slowly walked back into the courtroom.

“‘] didn’t want him out again,”’ he exp-
lained.

Judge deManio, meanwhile, was over-
heard saying, ‘‘I won’t try him for 30 days
until he has a chance to cool down.”’

The judge later had a chance to explain
his actions in imposing the death sentence
on Henry. “‘I can think of no other crime
where the ‘circumstances were more at-
rocious or cruel,’’ he said. ‘‘He took an
old man, beat him, gagged him, slit his

- throat with a razor blade and left him to

die slowly. I think that’s heinous, atroci-
ous and cruel.

“Henry has a violent background,’’ he
continued. ‘‘He is a violent human being,
a danger and menace to society and no
longer fit to live in our society. In all my
years as ajudge or attorney, I have never

‘seen more violent’a crime.’’

Judge deManio waited until September
before trying Henry on the charge of
shooting Ferguson. This time, however,
Henry was kept in leg irons throughout

the two-day trial, in which he also was
found guilty.

Only a-few days later, Officer Charles
Simmons who had so intensely pursued
Henry in his patrol car after Ferguson
was shot received honorable mention in
the annual Police Service Award compet-
ition designed to salute the nation’s law
officers.

The award read, in part: ‘‘He’s been
shot at, severely beaten by a gang of riot-
ers, has broken up three auto theft rings,
and recovered more than $500,000 worth
of stolen cars. Most recently, he’s been
active in community relations, and has
organized the Police Explorers, a group

_of 60 young people helping neighborhood

projects.”’

“‘He’s the kind of officer you always
know is out there working for you,”’ said
Orlando Police Chief James Goode.
‘*Sometimes it’s favorable work and
sometimes he gets into trouble. I like this
kind of man and I wouldn’t trade him fora
dozen officers that never get in trouble
because they don’t do anything.”’

Simmons and Ferguson are still per-
forming their jobs, helping make Or-
lando, Florida, a better and safer place to
live by making sure that criminals like
James Dupree Henry, who is now impris-
oned at Florida’s Raiford State Prison, do
not walk our streets at will. fi

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430 Fila.

is remanded with instructions to reinstate
the order of the Judge of Industrial Claims.

ADKINS, C. J.,and OVERTON, SUND-
BERG and HATCHETT, JJ., concur.

ROBERTS and BOYD, JJ., dissent.

KEY NUMBER SYSTEM

°
4ume

James Dupree HENRY, Appellant,
v.
STATE of Florida, Appellee.
No. 46105.

Supreme Court of Florida.
Feb, 25, 1976.

Rehearing Denied April 21, 1976.

Defendant was convicted in the Cir-
cuit Court, Orange County, Peter M. de-
Manio, J., of murder in first degree, and
sentenced to death, and he appealed. The
Supreme Court, held that where defendant
had lengthy history of violence and had
demonstrated callous indifference to hu-
man life when he assaulted police officer
at time of his arrest, and where acts com-
mitted were for pecuniary gain and for no
other motive other than perhaps to elimi-
nate witness, death penalty was properly
imposed.

Affirmed.

England, J., and Hensely, Cireuit
Court Judge, dissented.

Homicide 354

Where defendant convicted of murder
had lengthy history of violence of extreme-
ly serious nature and had demonstrated his
viciousness and callous indifference to hu-
man life when he assaulted police officer

328 SOUTHERN REPORTER, 2d SERIES

at time of his arrest, and where acts com-
mitted were for pecuniary gain and for no
other motive other than perhaps to elimi-
nate a witness, death penalty was properly
imposed. West’s F'.S.A. § 921.141.

Richard L. Jorandby, Public Defender,
and Richard Lubin and Martin H. Colin,
Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen.; and Wal-
lace FE. Allbritton, Asst. Atty. Gen., for ap-
pellee.

PER CURIAM.

Having been transferred to this Court by
the District Court of Appeal, Fourth Dis-
trict, this cause is before us on direct ap-
peal from a conviction of murder in the
first degree and a sentence of death im-
posed on appellant by the Circuit Court in
and for Orange County, Florida. We have
jurisdiction pursuant to Article V, Section
3(b)(1), Constitution of Florida (1973).

Appellant was indicted for murder in the
first degree in that he did with premeditat-
ed design kill and murder Z. L. Riley by
suffocating him with a gag, and was found
guilty. The majority of the jury recom-
mended that the death penalty be imposed
and the trial judge, having considered the
mitigating and aggravating circumstances,
sentenced appellant to death.

The victim was found in the bedroom of
his home bound and gagged with his throat
cut. Two double edge razor blades were
lying near his body covered with dried
blood. The pockets of the deceased’s pants
were turned inside out, but no wallet, mon-
cy or personal effects were found. Appel-
lant’s thumb print was found in the vic-
tim’s bedroom. In performing an autopsy
on the body of the deceased, Dr. Hegert
found extensive head and facial wounds,
including two fractures of the jaw and
mild to moderate brain hemorrhaging
caused by “blunt force,” cuts on the hands,

HENRY v. STATE Fla. 431
Cite as, Fla., 328 So.2d 430

two deep cuts four and five inches long
and several more cuts about the neck con-
sistent with the use of a razor blade. The
doctor determined that the actual cause of
death was a gag placed tighly under the
tongue of the deceased so as to force the
tongue back into the throat, cutting off the
airway and suffocating the victim.

At the time of the murder, appellant
lived next door to the victim. When Offi-
cer Ferguson went to arrest appellant at
his residence, several days after the mur-
der appellant jumped Ferguson, took his
gun, shot Ferguson twice and then fled. He
was found an hour later hiding behind a
dryer machine, arrested, taken to the Or-

‘Jando Police Station and advised of his

rights. Before interrogation, he was fully
advised of his rights, he signed a waiver
card, and he advised the officers that he
would talk to them. During the course of
this interrogation, he confessed that he had
killed the deceased, and gave the officers
full details of the murder. The officers
present testified that no promises or
threats were made, and that appellant was
not offered any hope of leniency or other
reward to induce his statements.

Four days before the trial, he filed a
motion to suppress his confession. Before
trial, the trial judge conducted a lengthy
hearing on the voluntariness of the confes-
sion, after which the trial judge denied the
motion to suppress.! At the conclusion of
the state’s case, defense counsel moved for
a directed verdict of acquittal which was
denied. Relying solely upon the defense of
insufficient evidence, appellant did not tes-
tify nor call other witnesses. After delib-
eration for one hour, the jury returned a
verdict of guilty. The sentence advisory
hearing was then conducted, after which,
the jury returned a recommendation of the
death penalty. In support of the death
sentence, the trial judge entered the fol-
lowing “Findings in Support of the Ver-
dict :”

“The Court has considered the item-
ized points for consideration in aggrava-
tion and in mitigation set forth in Flori-
da Statute Section 921.141 and has also
considered the jury’s recommendation of
death and has for the reasons set forth
in open court at the time of sentencing
and now made a part of the record to-
gether with the following reasons, exer-
cised its discretion, and notwithstanding
the recommendation of a majority of the
jury, has imposed a sentence of death
upon the defendant.

“The defendant has a lengthy history
of violence of an extremely serious na-
ture which has been demonstrated by the
defendant having been charged on a pre-
vious occasion with Assault with Intent
to Commit a Felony and having been al-
lowed to plead guilty to the lesser includ-
ed offense of Aggravated Assault, and
having also been charged on a prior oc-
casion with Aggravated Assault and al-
lowed to plead guilty to a lesser included
offense in that instance, and having also
demonstrated his viciousness and callous
indifference to human life when he as-
saulted Officer Ferguson with the Offi-
cer’s own pistol at the time of his arrest
for the charges in this case, at which
time he shot the police officer three
times, the last time while the Officer
was on his knees begging not to be shot
any more. The facts in_this case in
themselves are atrocious, horrible and
cruel almost beyond belief. The defend-
ant has clearly demonstrated that he can-
not live in a civilized society in a trust-
worthy fashion and shortly after his re-
lease from prison committed the act
charged in this case. The act herein was
for pecuniary gain and for no other mo-
tive other than perhaps to eliminate a
witness.

“This Court found absolutely nothing
of a mitigating nature to prevent this
Court from imposing the death penalty.

!. For modification of MeDole v. State, 283 So.2d 553 (Fla.1973), see: Wilson v. State, 804

So.2d 119 (Fla.1974).

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and had been active in church affairs. He
usually sat five rows from the rear on one
end of a pew containing a bronze plaque
inscribed ‘‘Rebecca Booker, 1964.”’

At graveside in Washington Park
Cemetery, an 88-year-old woman expres-
sed the esteem in which Riley was held in
Orlando’s black community. ‘‘Oh, my
darling, we loved him so much,”’ she sob-
bed. ‘‘How much I loved him. He was
such a fine man.”’

Another woman who attended the ser-
vices with yellow plastic curlers in her
hair said she had interrupted her beauty
appointment in order to see Riley for the
last time. ~

‘When I came here in 1968, I had only
$15,”’ she related. ‘‘There were my three
children and myself. 1 had no friends.
Someone told me to see Mr. Riley. He
gave me money for my hotel room, and he
gave me $15 for groceries. That’s the kind

of man he was — always willing to help-

anyone, black or white.”

Meanwhile, law enforcement officers
had pieced together a supposed recon-
struction of the method in which Riley
had met his death. According to the
theory, Riley was home alone on the

‘ Saturday night he was slain. Apparently
~he heard sounds that led him to believe

someone was attempting to break into his
house and went to the door to investigate.
There, the intruder quickly reached
through the screen and grabbed Riley by
the neck and forced him to open the door.

His assailant then knocked Riley un-
conscious, tied him up and dragged him
into the bedroom. Riley was gagged and
beaten, then his throat was cut, but the
coroner determined the actual cause of
death was suffocation from the gag in his
mouth. .

On Monday, April 1 — April Fool’s
Day — Henry was indicted by the Orange
County Grand Jury for first-degree mur-
der of Riley only a few hours after he

‘pleaded innocent to the shooting of

Ronald E. Ferguson. Two days later, he
also pleaded innocent to the murder
charge. After hearing Henry’s plea, Cir-
cuit Court Judge Peter M. DeManio set
July 1 as the trial date.

While Henry’s case was moving
through the legal machinery, Ferguson
had moved from the intensive‘care unit at
Orange Memorial Hospital and awaited
his release. From his hospital bed, he had
high praise and heartfelt thanks, for the
fire department, the emergency room
staff at the hospital, members of the
police department and the sheriff's de-
partment. ,

‘Please Don’t Shoot Me Any More’

(continued from page 67)

Because of Ferguson’s assault with his
own gun, combined with similar events
involving two other officers earlier in the
year, the Orlando Police Department was
considering abandoning the old standard
procedure of standing a suspect against a
wall or leaning over an automobile hood
while being searched. Ferguson sup-
ported the idea of having a suspect lie flat
on the ground to be searched and ques-
tioned.

“There are a number of things I would
have done differently.’’ said Ferguson
recalling his brush with death, ‘‘but if
suddenly confronted with the same situa-
tion, I would probably do the same things
I did again.”’

At Henry’s trial for the murder of
Riley, which was rescheduled for June
25, Henry’s defense attorney, Harry
Carls, tried to have a statement taken by
police from Henry thrown out. Henry
admitted being in Riley’s house, but de-
nied murdering the elderly civil rights
leader, and Carls claimed that the ac-
cused slayer was intimidated by inter-
rogators because he had shot Ferguson
and was being questioned by the officer’s
comrades.

“I expected not to be hurt by them if!
made the confession,’’ said Henry, but
Judge deManio denied the request.

The 12-member jury returned a verdict

of guilty of Wednesday, June 26, after
only one hour of deliberation. Then, after
deliberating 20 minutes, the same jury
voted 7-5 to recommend the death pen-
alty. Henry took the verdict calmly, his
only movement being to lean his head
onto the back of his chair and to place his
forefinger on his chain.

Judge deManio ordered that Henry be
electrocuted, but Henry still remained
calm. He swung his arms as though he
were limbering them up, then was led
from the heavily guarded and locked
courtroom by eight bailiffs and three
police officers.

But when he reached a narrow hallway
leading from the side of the courtroom to
the jail elevator, Henry made a desperate
bid for freedom.

As one bailiff stepped toward Henry to
put a handcuff on his left wrist, Henry
smashed him in the mouth with his fist,
crunching the bailiffs head into the
dimly-lit hallway wall. The bailiff
slumped to the floor in a daze as blood
trailed from his mouth and from a shallow
gash on the side of his head.

A second bailiff reached for Henry sh-

(continued on next page)

outing, ‘‘Get that dirty t

A swarm of bailiffs an
scended on the would-be
short his bid for freedom
from where it began. Du
struggle, one bailiff suffe
hand and another receiv
right side of his head.
about two minutes, the t
ers forced Henry’s hand:
and handcuffed him. Rei
even then, the slayer be¢
captors.

“Grab his feet and har
bailiff who was almost :
the pile of bodies strugg!
hallway.

Afraid that Henry w:
escape if he were allov
feet, the bailiffs bodily li
feet and the handcuffs «
carried him into the ele

One bailiff later said t
had reached the main hz
courtroom, he would h
four guards. Security h:
usually tight because af
dict was announced, }
told a friend in the hal
back a shotgun. They’ re
me,’’ and also had alle;
prisoners he wouldn’t
alive.

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1318

‘your advisory sentence should be one iof
life imprisonment without possibility ‘of
parole for twenty-five years.

'* Should you find sufficient aggravating

circumstances do exist, it will: then be

your duty to determine whether the miti-
gating circumstances exist that outweigh
the aggravating circumstances.

In Bertolotti v. Dugger, we previously
addressed and rejected the same argument
made from a ‘similar charge, which ‘appar-
ently follows a pattern jury instruction.
As in Bertolotti, the trial judge in
Henderson’s case also explained that all
aggravating circumstances must’ be estab-
lished beyond a reasonable doubt before
they were considered; once established,
they were to be weighed against “all of the
evidence tending to establish one or more
mitigating circumstances.” 9 The court in
Bertolotti held, “If the jury did find that
the aggravating.circumstances justified the
death penalty, it was to determine whether
any other aspect of Bertolotti’s record or
character or offense stood in mitigation of
his crime. This set of instructions ade-
quately described the plan of Florida’s capi-
tal-sentencing statute, quite reasonably fo-
cused the jury’s attention on the circum-
stances of the offense and the character of
the offender, and adequately bridled the

jury’s discretion.” ** We similarly find that |

the jury charge at issue here did not.cause
the jury to presume that death was the
appropriate penalty.**

VIII. CONSIDERATION OF NONSTAT-
UTORY AGGRAVATING FACTORS

We reject Henderson’s argument- that
three quantities of evidence were errone-

cient aggravating circumstances.’”); Henderson
v. Dugger, 522 So.2d at 836 n. * (issue 13).

35. 883 F.2d 1503, 1524-25 (11th Cir.1989), cert.
denied, — US. —, 110 S.Ct. 3296, 111
L.Ed.2d 804 (1990).

36. Jd. at 1525.
37. Id. (emphasis in original) (citations omitted).

38. See also Walton v. Arizona, — U.S. —, 110
S.Ct. 3047, 3055, 111 L.Ed.2d 511 (1990) (“{A]
defendant's constitutional rights are not violated
by placing on him the burden of proving miti-
gating circumstances sufficiently substantial to

925 FEDERAL REPORTER, 2d SERIES

ously considered by the sentencing court in
aggravation of his sentence. These three
matters are: (1) the partial state of undress
of one of. the victims; (2) the’ fact’ that
Henderson had committed prior murders;
and (8) his alleged lack of remorse. \As-to
claims (1) and'(2), we uphold the district
court’s determination that these claims
were procedurally ‘barred, - because they
were not presented to the Florida Supreme
Court on direct appeal, and because appel-

- lant has failed to establish cause and preju-

dice for this omission. Claim (8). was
presented to the Florida courts, .and we
address it on its. merits.

Henderson points to three events that |
show that his lack of remorse was improp-
erly considered by the trial court.2?” Dur
ing the sentencing proceedings, the prose-
cutor questioned Officer Perez as to wheth-
er Henderson had related anything about
his life. Perez said he asked Henderson,
“Due tothe conversation we were having
and his life, knowing what you know now,
if you had to live your life ‘over again,
would you change anything, ‘and he ‘said,
‘Definitely not.’” © During closing argu-
ment, the prosecutor stated, “Let us recall
some of the -testimony, also indicating the
Defendant’s manner, cold, no :remorse.”
Finally, Henderson claims that: the trial
judge relied on his lack of remorse in im-
posing a sentence of death.

We find that the statements by the pros-
ecutor and Officer Perez concerning
Henderson’s lack of remorse were isolated

comments that did not affect the funda-

mental fairness of the trial.“° Moreover,
the sentencing court clearly did not rely

call for leniency.”). But cf. Jackson v. Dugger,
837 F.2d 1469, 1473 (11th Cir.), cert. denied, 486
U.S. 1026, 108 S.Ct. 2005, 100 L.Ed.2d 236
(1988) (instruction that “death is presumed to be
the proper sentence” unconstitutional).

39. See, eg., Robinson v. State, 520 So.2d 1, 6
(Fla.1988) (lack of remorse may not be con-
sidered by capital sentencer).

40. See Knight v. Dugger, 863 F.2d 705, 710, app.
at 739-40 (11th Cir.1988) (reprinting district
court opinion) (“({T]he prosecution did not harp
on this point. It was mentioned once in only
one sentence. The prosecutor did not single out

HENDERSON vy. DUGGER

MaRS PAPATAD SES.
PRPRPROLDCOCOLALSCOCOLSTREAT AES PST DCSE Te

1319

Cite as 925 F.2d 1309 (11th Cir. 1991)

upon these statements in passing sentence
but merely noted in its recapitulation of the
state’s case that a lack of remorse had
been ‘urged by the prosecution.’ The trial
judge charged the jury that they were to
consider only the enumerated aggravating
circumstances, and we presume the trial
judge followed his own instructions in mak-
ing his final sentencing determination.”

, | IX. : ‘PRECLUSION ‘OF MERCY
[10] The trial court refused to charge
the jury that, after their consideration of
the aggravating and mitigating factors,
they could recommend mercy regardless of
their findings. Appellant contends that
this refusal prevented the jury from “con-
sidering, as a mitigating factor, any aspect
of [his] character or record ... that [he]
proffer[ed] as a basis for a sentence less
than death.” 4° However, : this court has
repeatedly rejected this argument, requir-
ing only “that the trial court correctly ex-
plain the function of aggravating and miti-
gating circumstances’ under state law.” “4
Henderson’s trial judge charged the jury
correctly..as to Florida law,: and no relief
can be granted. | .

X. INEFFECTIVE ASSISTANCE OF
APPELLATE COUNSEL...

Henderson’s final argument is that his
counsel on direct appeal was ineffective for
failing to raise a number of claims that
were later procedurally barred. In addi-
tion to the claims discussed above that the
district court found barred, Henderson ar-

Petitioner's lack of remorse as an aggravating
circumstance.”).

41. See Sullivan v. Wainwright, 695 F.2d 1306,
1312 (11th Cir.) (“The trial judge did not denom-
inate lack of remorse as an aggravating factor,
but noted it in his findings.”), cert. denied, 464
U.S. 922, 104 S.Ct. 290, 78 L.Ed.2d 266 (1983).

42. See Adams v. Wainwright, 709 F.2d 1443,
"1447 (11th Cir.1983), cert. denied, 464 U.S. 1063,
104:S.Ct. 745, 79 L.Ed.2d 203 (1984). 7

43. Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct.
2954, 2964-65, 57 L-Ed.2d 973 (1978) (emphasis
and footnote omitted). . ay!

44. Bertolotti, 883 F.2d at 1526 (citation omitted).

murders.

gues that two further points were incompe-
tently omitted from his direct appeal to the
Florida Supreme Court. These are that
two of the aggravating ‘circumstances
found in‘ his ‘trial: were based on the same
facts;-and thatthe jury was given'a less-
ened sense of their responsibility for their
recommendation.

A. Doubling of Aggravating Factors
11] -Henderson points out’ that the trial
court in:its sentencing. determination relied
on the ‘same facts—that his..victims :were
bound prior \to being: shot—in finding: the
“heinous, atrocious,” or: cruel” and the
“eold, calculated, and-premeditated” aggra-

‘yvating factors.,: Although the Florida::Su-
preme Court ‘has. condemned: such double-

counting -of certain. aggravating factors
when: both factors: relate .to the:.same:as-
pect of -the crime; .that:.court -has also
rejected «the ..same>. argument: that
Henderson ‘now: makes.:;It has held that .
the same.facts maybe: used’ to support
more than one aggravating circumstance
as long the facts reveal different character-
isties of the crime.‘ For example,;: in
Henderson’s case, the fact that he bound
his victims prior to the murder shows both
that the victims suffered mental anguish
and that he hada heightened level of pre-
meditation in planning and carrying out the |

vy ny

...Moreover, by the time of. Henderson’s
direct appeal, which was filed in 1983, the
Florida Supreme. Court had already..reject-
ed claims identical to those that Henderson
now . makes.‘? .. Appellate . counsel could

45. See Provence v. State, 337 So.2d 783, 786
(Fla.1976), cert. denied, 431 U.S. 969, 97 S.Ct.
2929, 53 L.Ed.2d 1065 (1977).

46. See Hill v. State, 422 So.2d 816, 818-19 (Fla.
1982), cert. denied, 460 U.S. 1017, 103 S.Ct. 1262,
75 L.Ed.2d 488 (1983) (no impermissible dou~
bling of aggravating factors where murder/rape
sufficiently torturous and where decision to
murder was made substantially before the
crime); see also Mills v. State, 462 So.2d 1075,
1081. (Fla.) (no impermissible doubling where
prospect of murder created mental anguish in
victim.and murder sufficiently premeditated),
cert. denied, 473 U.S. 911, 105 S.Ct. 3538, 87
L.Ed.2d 661 (1985).

47. See Hill, 422 So.2d at 818-19.

ao be

1320 ' 925 FEDERAL REPORTER, 2d. SERIES

have reasonably . concluded ‘that such a
claim would be fruitless. Counsel. on.direct
appeal also separately challenged the appli-
cation of: both aggravating circumstances

before the Florida Supreme Court, which |

found no ‘error in the simultaneous use of
the two factors.8 o0 205 '

B. Jury’s Lessee’ Sense of Responsibil
aty”

(12)° Beudivson'« argues. doh his ‘Suel-
late. counsel: was: ineffective in that counsel
failed to appeal the trial court’s refusal to
charge the jury that their “recommenda-
tion is entitled and must»be given by the
Court great deference:and a lot of weight
under the decision of Tedder. versus State.”
This Caldwell v. Mississippi *:.error. was
exacerbated, Henderson contends, when
some prospective jurors expressed inaccu-
rate perceptions concerning their role ‘in

the sentencing’ ‘process and when the trial .

judge informed the jury that, for example,
“(t]he final decision®:as to punishment
which: should be ‘imposed. rests solely with
the Judge of ‘the court.”

We hold that it did not constitute ineffec-.

tive assistance to omit to appeal the refusal
to give the requested instruction. The re-
marks made by members . of Henderson’s
venire panel did not contribute to any un-
fairness in his trial,’ ‘because these venire-
persons did not sit on the jury and their
remarks were made during sequestered
voir dire. And the instruction, known as a
Tedder instruction, has never been manda-
‘tory under Florida law. 50 This court has
expressly rejected the contention that the
failure to give a Tedder instruction is er-

. ror.

As to Henderson’s sfusieval taim of inef-
fective assistance on direct appeal, we find

48. Henderson v. State, 463 So:2d at 201.

49. 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231
(1985).

50. See Hardwick v. Wainwright, 496 So.2d 796,
798 (Fla.1986) (instruction based on Tedder v.
State, 322 ‘So.2d 908, 910 (Fla.1975) (per cu-
riam), not required to be given), ‘cert. denied,
481 U.S. 1042, 107 S.Ct. 1987, 95 L.Ed.2d 827
(1987).

51. See Harich v. Dugger, 844 F.2d 1464, 1475 n.
16 (11th Cir.1988) (en banc) (“The Florida trial

» final cases.’? 52...

that. aes, counsel did present, almost,
all of the claims now, raised. Henderson
has thus failed to show that appellate coun-
sel’s performance was, “objectively, unrea-

competence décunnded of attorneys in crim-

ASR Rp MERE E
, dosent

XI. CONCLUSION: aga

We find no merit in any of. Henderson’ s
claims. The decision of the district court is
AFFIRMED. A

: (oO EKEY NUMBER SYSTEM

sanms

Levis’ Leon ALDRIDGE,
Petitioner-Appellant, | c :
Cross-Appellee, a a
ee ein Sic
Richard L. DUGGER, Secretary, Florida
Department of Corrections, |
Respondent-Appellee, Cross-Appellant:

No. 89-5573.

United States Court of beats
Eleventh Circuit.

Feb. 20, 1991.

After his conviction for murder and

sentence of death was affirmed by the
Florida Supreme Court, 351 So.2d 942, and
after two state postconviction petitions
were denied, 425 So.2d 1132 and 503 So.2d
1257, and after first federal habeas: corpus

judge uses this Tedder standard when determin-
ing whether to override the jury's verdict of life
imprisonment. We can find no reason why the
jury would not take their role seriously simply
because the trial judge did not inform them of a
rule of law applicable only to him.” (citation
omitted)), cert. denied, 489 U.S. 1071, 109 S.Ct.
1355, 103 L.Ed.2d vs (1989).

52. Cross v. United States, 893 F.2d 1287, 1290
(11th Cir.1990) (citations omitted).

eee set neater

Bisiiil di Ry $333

.. S]ENDERSON v. DUGGER
Cite as 925 F.2d 1309 (11th Cir. 1991)

Henderson: raised..a slightly. different. ver-
sion of the claim:on direct appeal, referring
only to Florida’s ‘construction of the aggra-
vating factors.?*:, Henderson: attempted to
raise ‘the issue in seeking state postconvic:
tion relief; but the Florida Supreme, Court
found it: procedurally barred.” : We agree
that the claim that the vagueness of the
jury instructions: is barred, but also hold
that Henderson’s. related claim that the
statute’s. construction is. overbroad is prop-
erly before this: court,..as this latter claim
was raised before both the Florida trial and
appellate courts. 12... Homilies wdc

On the merits, Henderson’s claim is that
Florida’s , construction of two aggravating
factors failed to narrow, his sentencer’s dis-
cretion,*as, required by Maynard v. Cart-
wright, and Godfrey v. Georgia.” The
Florida. Supreme Court -has adopted. nar-
rowing constructions of these two aggra-

vating circumstances that this court has

determined. to be sufficiently limiting. For

example, Harich. v. Wainwright® found

that the. Florida Supreme Court has ade-
quately narrowed both the. “especially hei-
nous, atrocious, or. cruel” aggravating cir-
cumstance,*! and. the “cold, calculated, and

premeditated” aggravating circumstance.

The trial.court in this: case found ample
support for its conclusion that both aggra-
vating ‘factors applied. »When -considering
the application of the “heinous, atrocious,
or cruel” factor, the court noted that the

26. See Initial Brief of Appellant (appeal to the
Supreme Court of Florida), at 38 (“The statute
_.. does not sufficiently define for the jury's
consideration each of the aggravating circum-
stances listed in the statute. See Godfrey v.
Georgia, 446 U.S. 420, 100 S.Ct. 1759, 64 L.Ed.2d
398 (1980).”).

27. Henderson v. Dugger, 522 So.2d at 836 n. *
(claim 15).

28. 486 U.S. 356, 108 S.Ct. 1853, 100 L.Ed.2d 372
(1988).

29. 446 US. 420, 100 S.Ct. 1759, 64 L.Ed.2d 398
(1980).

30. 813 F.2d 1082 (11th Cir.1987), aff'd en banc
in pertinent part, 844-F.2d 1464 (11th Cir.1988),
cert. denied, 489 U.S. 1071, 109 S.Ct. 1355, 103
L.Ed.2d 822 (1989).

9
”

1317

evidence showed that.two of the three vic-
tims were bound, hand and foot, with’ ad-
hesive tape; that Henderson joked with the
two bound victims prior to shooting them;
that Henderson forced the third victim. to
bind the other two victims and to watch
their shooting; and. that the third ..victim
tried to break free and was then. shot at
close range. This would seem to amount
to a “‘conscienceless, or, pitiless crime

which is. unnecessarily torturous

tim’” 33 As to the “cold, calculated, and

premeditated” aggravating factor, the trial

court found that the fact that the victims
were bound prior to, being, shot supported

the additional level of premeditation neces-

sary to justify. this aggravating factor.
We therefore refuse .. to. disturb
Henderson’s sentence on these grounds.

VII. BURDEN-SHIFTING JURY 8
"INSTRUCTIONS ©’
[9] Although the district court. found

this claim procedurally barred, we conclude

that a sufficiently related argument was
raised before the state courts in. proper

procedural stance.*4

Henderson claims that the following jury
instruction improperly: shifted the burden
of proof to him in proving that a life sen-
tence was appropriate: Rogie

If you find the aggravating circum-

-étances do not justify the death penalty,
31. Id. at 1104. .

32. Jd. at 1102 (“the Florida courts have con-
strued [the aggravating circumstance] to require
a greater degree of premeditation and cold-
bloodedness than is required to obtain a first
degree murder conviction” (citation omitted)).

33. Proffitt v. Florida, 428 U.S. 242, 255, 96 S.Ct.
2960, 2968, 49 L.Ed.2d 913 (1976) (citations
omitted) (upholding Florida’s construction of
“heinous, atrocious, OF cruel” aggravating
factor). -

34, See Trial Transcript, at 1568-70, 1574; Initial
Brief of Appellant (appeal to the Supreme Court
of Florida), at 38 (“The capital sentencing stat-
ute in Florida fails to provide any standard of
proof for determining that aggravating circum-
stances ‘outweigh’ the mitigating factors, Mulla-
ney v. Wilbur, 421 U.S. 684 [95 S.Ct. 1881, 44
L.Ed.2d 508] (1975), and does not define ‘suffi-

to the.vic-

FT. LAUDERDALE, FLA.

Sun-Sentinel, Thursday, April 22, 1993

Slayer of 12 dies:

In electric chair _|

STARKE — A stoic Robert!
Dale Henderson, who admitted to}
a dozen murders in a five-state
crime spree, died in Florida’s
electric chair on Wednesday. ,

Relatives of one of his Victims
Said an 11-year nightmare had
ended for their family. “This isan
end. We can start a new begin-
ning,’’ said Denise F landers,
whose mother, Dorothy Wilkin-:
son, 90, was murdered by Hender-
son in 1982.

Henderson, 48, was pronounced
dead at 7:10 a.m., five minutes af}:
ter a black-hooded executioner
turned on a 2,000-volt switch. -

Henderson was condemned for
the 1982 slayings of three hitch-
hikers picked up toward the end
of a 19-day murder spree that
started on Jan. 14, 1982, in Ohio
and continued through South Car-;
olina, Mississippi, Louisiana and
Florida. . ,

Sun-Sentinel wire services |

SG YI ee

z Al9g

“THE NEW YORK TIMES NATIONAL THURSDAY, APRIL 22, 1993

Florida Executes Killer of 12]

STARKE, Fla., April 21 (AP) — A
drifter who admitted killing a dozen

| people in five states in 1982 was execut-

ed today in Florida’s electric chair,
hours after the United States Supreme
Court rejected his appeal.

‘The killer, Robert Dale Henderson,
48, was pronounced dead at 7:10 A.M.,
said the office of Gov. Lawton Chiles.

When asked if he had any final
words, Mr. Henderson replied, ‘‘No, sir,
I don’t.”

He was sentenced to death in 1982 for
the slayings of three hitchhikers he had

picked up near the end of a 19-day:

killing spree that started on Jan. 14 of
that year in Ohio. Along the way he
also killed people in South Carolina,

Mississippi and Louisiana before end-
ing the spree in Florida.

The Florida hitchhikers, two men
and a woman, were bound with adhe-
sive tape and shot in the head. Mr.

|Henderson told the authorities he

thought they were going to kill him.

In his appeal, which was rejected by
the Supreme Court on Tuesday night,
Mr. Henderson asserted that the trial
judge’s instructions to the jury on im-
posing the death penalty had been
vague and unconstitutional, that evi-
dence had been withheld and that his
appellate lawyer had done a poor job.

He was arrested Feb. 6, 1982, after:

turning himself in to a patrolling sher-
iff’s deputy in Charlotte County.

Mr. Henderson, a high school drop-:
out from Esther, Mo., said he first.
kiHed a woman in Ohio. A week later,
he said, he killed his wife’s parents and’
their 11-year-old son in their Ohio
farmhouse.

He said his other victims included a.
21-year-old model in Charleston, S.C.; a-
nightclub owner in Baton Rouge, La.; a
woman in Pascagoula, Miss., and a
store clerk and a retired doctor near’
Palatka, Fla. :

He was sentenced to life in prison for.
all but the Louisiana and Mississippi:
kiilings, for which he was charged but.
never tried. :

Mr. Henderson was the 199th person,
executed in the nation since the Su-~
preme Court ruling in 1976 allowing
states to resume use of the death pen-
alty. ; ,

oscenreiceth
momen

| | Florida executes killer -

-admitted to a dozen murders in a
\ five-state spree died in Florida’s
.. electric chair Wednesday.

..» Robert Dale Henderson, 48,
"was pronounced dead at 7:10
-. a.m. local time. ae
a Henderson was condemned for.
| the 1982 slayings of three hitch-_
~ hikers picked up toward the end

If |) started Jan. 14, 1982, in Ohio
|. and continued through South

-. STARKE, Fla. — A man who ©

ofa 19-day murder rampage that

: Poe megs

|‘"). Carolina, Mississippi, Louisiana —

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>» EXECUTION: Robert Dale Henderson, 48, died in
Florida’s electric chair. Henderson, a drifter, blamed drug | —
abuse for the dozens of murders he admitted committing in |
1982 during a 19-day crime through five states: Florida,

» THURSDAY, APRIL 22, 1993 - USA TODAY
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NATION DATELINES —

Florida killer
is electrocuted

STARKE, FLA. Robert Dale Hender-
son, who admitted killing a dozen people

| in five states in 1982, was executed

Wednesday in Florida’s electric chair,
hours after the U.S. Supreme Court re-
jected his appeals.

He was sentenced to death in 1982
for the slayings of three hitchhikers he
picked up toward the end of a 19-day
murder spree that started Jan. 14, 1982,
in Ohio and continued through South
Carolina, Mississippi, Louisiana and
Florida.

The hitchhikers, two men and a
woman, had been bound with adhesive
tape and shot in the head. °

In his appeals rejected Tuesday night
by the Supreme Court, Henderson
claimed the trial judge’s instructions
the jury on imposing the death penalty,
were vague and unconstitutional, that
certain evidence was withheld and that
his appellate lawyer did a poor job. ~

Man convicted in
reporter’s murder

PHOENIX A jury convicted building
contractor Max Dunlap of murder and
conspiracy Tuesday in the 1976 car-
bomb slaying of newspaper reporter Don
Bolles. /

It was\the second’ conviction in the
case for lap, on of three men prose-
cutors say
carry out th ing because of Bolles’
reporting in th Arizona Republic about
a powerful usinessman.

Dunlap’spent kwo years on death row
before hi& first conviction, in 1977, was
overturned by Arizoka’s Supreme Court.

Prosecutors alleged Dunlap arranged
the car-bomb killing atthe behest of the
late Kemper Marley, a businessman al-
legedly angry because Balles’ investiga-
tive reports had forced Marley to resign
from the state Racing Commission.

ere /hired to arrange and.

Roe 2 ate abso tle

Times Unm Fir ey

ee set 1 — Associated Press

the murder of his next-door neighbor, Zellie
“Riley, 81, a civil rights activist, during a rob-
wide for less than $100.

Death penalty. protesters grieved yesterday
morning outside Florida State Prison near
Starke after tnd Henry was executed for

James Henry goes to his death

By Andrea Rowand —
Staff writer

STARKE — As three dozen death
penalty protesters organized in the
damp pre-dawn darkness yesterday,
refrains from Bob Dylan’s Blowin’ in
the Wind drifted across the area out-
side Florida State Prison.

The musician, Gainesville guitarist
Billy Sol, stood about equidistant

from the protesters and the four peo-

ple who were on hand to support the
execution of James Henry.

Sol was not one of those. regulars
who routinely protest at the prison,
but he said he has a history of demon-
Stration attendance dating back to
Vietnarn.

He said he was there yesterday to
lend moral support to, “Uh, what's
the name of the guy being executed
today?”

Henry was born in Starke 34 years
ago, and he returned to the prison
near the small town 10 years ago un-
der sentence of death for murdering

- an elderly Orlando civil dike activ-

. smiled nervously and winked a few

‘still proclaiming: his innocence

lando Police Detective Ronald Fergu-
son with the officer’s own gun. Fergu-
son survived the shooting.

Father and son Floyd and Larin
Cone of Baldwin had other reasons
for standing in the high, wet grass.
Floyd Cone Jr. was shot to death in
his home in 1981, and his murderer,
Edward Kennedy, is on Death Row
awaiting execution.

“It’s no joy to come here, no per-
sonal satisfaction,” said the elder
Cone. “It [his son’s murder] is con-
stantly on my mind. The personal
things of his I have ...I go out
where it happened ... ” His voice
trailed off as he stared toward the
prison’s Death Row wings.

While Henry proclaimed his inno-
cence, his lawyer did not.

Palm Beach attorney Dick Burr
stood in the human circle of protest-
ers outside the prison. Henry was “a
good frend and good man about to!

6 (See HENRY, Page B-3)

ist.

At 7:09 a.m. yesterday, he was ae
nounced dead.

“My final words are: I am inno-
cent,” Henry said, according to
Gainesville Sun writer Wayne Garcia,
one of 39 who witnessed the execu-
tion.

Moments before Henry’s electrocu-
tion, the condemned man appeared to
“have a lot of nervous energy. He
times at someone in the room,” Gar-
cia said.

- Meanwhile, former prison officer
Ray Bryan and his wife, Laura, of
Lawtey, said they came.to the prison
to support punishment meted out for
crimes against law enforcement offi-
cers. +

Henry was arrested a few days af-
ter the March 1974 robbery-murder of
his next-door neighbor, Zellie Riley,
81, of Orlando. About an hour before
his arrest, he had shot and beaten Or-

: Ci
i NGE
He ig oa

a ment of . Corrections.
“Vern Bradford.

‘-@ dozen. oysters for

SO es

t
Iie ue 09 dhe Kone,
Mee a 4

murderer executed oe

EXECUTION /from 1A nage
defender, and when he hood was
dropped over his face he began to
tremble.” - Eves, :

: He clenched his. fists severa]
times before the: Switch Was.

thrown at 7:05 BM Coat Mpa
‘ The night before, Henry ordered
q his last. meal
because he had never eaten one.
? “He ate them all,”

“He said he en-

~ Joyed them but he didn’t Want any

4 nfoH

dnt 3
ite j

ee B
‘shad

more.”” “4

Tadford. said’ ‘prison. officials
‘brough i

lose appeals ~

: time. Magill’s . lawyers -

‘that the Jury might

’ TALLAHASSEE —(
Florida Supreme Court Thursday

4-2, the’ high court’

affirmed the death

under .18,
Magill, eo
the 1976

vainly that
electrocuted because of his y
age when he committed the crime,

In the other case, the justices by
a 6-] vote affirmed the death

-@ jury’s recommendation Of life
imprisonment.

Hughley’s attorney contended

influenceg

eligible for Parole under the
3-year mmmum term Of a life
ies ~-

=. 4:30 am. for
Ss wa taken f

d Was
“, Bradford. “te
+ tO go either ‘Way the Court told _

Bim ey orn? BS Spee Bast

_tion for the
. 6s

. cow

the execution, ° . “ey
“39°F am ceeply disturbed by the. /
: Climate of Violence. that is being.

~ Jesse Jackson and

breakfast

have his head shaved in
Said he was Teady

Wednesday night, the Us. Sy.

-Preme Court turned down an
-2 margin, 2nd Henry }

appeal by a
Was visited by a 8irlfrieng and
family members, but declined to

see a minister, Bradford Said.

Florida had Scheduled a double. .

execution for
Dennis Adams Jr., 26, Condemned
for killing an 8-year-old

-1 margin.’
a black, was convicted of

- Killing his elderly neighbor during
b , ’

» -Was ruled suffocation Caused by a -
' tight gag, although Riley’s throat
@ razor’

Riley’s Credit cards were found
inside Henry’s home.

Foes of Capital
Pasture 500
death

condoned and encouraged by the
death penalty,” saigq George Diller
Of Gainesville. i

National cjyj}
including Coretta

Part because he shot

White Police H

2tey Are J ect
Mules ra
fg?
7i$

y exeer

“(From Page Bl)

die. What led him here today is unt
racism and poverty,” Burr said. ~~

age (one of Henry’s legal appeals), »
Burr said, blaming his client’s Police -
record, which began when Henry was
15, on a. callous Society “that can’t
. face up to our responsibility.”
' <Henry was. convicted in June 1974

me TS ote es

. , The Florida Times-Uaion, Jacksonville, Friday, September 21, i984

hs
‘

ne “This was the second death warrant

that Gov. Bob Graham had Signed for

Henry, who outlived his 1979 warrant,
and won and then lost two brief Stays

of slitting Ms. Riley’s throat during a
AS robbery of less than $100. The official
“cause of death, however, was suffoca-
es tons). RC oR EE aes A Poe ee
-°Henry had been so Severely beaten © 3:. -
asa child that he suffered brain dam-:

of execution thisweek ee
Graham has Signed 88 death war-°

rants since taking office in 1979, and
nine of them netted executions of the

221 men and one woman on Death _

Row. Henry was the 25th person to

die in this nation since the U.S. Su- ;
preme Court reinstated Capital pun-

ishment in 1976.

+*B3 |.

ted, still claiming innocence |

SE TET 7)

frye po

~
-
~
~
.

STARKE — Fastened’ ~

A moment before, the 34-.”
“year-old man who had been’
convicted of murder stood’
_ before witnesses at Florida

tightly into Florida’s electric. .
State Prison and professed

his innocence. A moment lat-

er, 2,000 volts surged through his body as he was put to.

i" death,

laid his trembling fingers on *

chair, James Dupree Henry
the wooden armrests.

briefly clenched his fists
Thursday morning, and then

St. Petersburg Times Staff Writer

By CHRISTOPHER SMART
Please soe EXECUTION, 4-A

A few days later, Henry disarmed and shot a police

. HENRY WAS CONVICTED of murdering Zellie.
;- investigator who had come to arrest him on suspicion of

. Henry is the eighth man executed in Florida this year,’
the 25th in the country since the U.S. Supreme Court
L. Riley, a popular black leader from Orlando, who in
1974 was discovered at home beaten, gagged, and with his
throat slit. The 81-year-old man had been robbed of $64

and a ¢redit card.
murder, The investigator survived. Henry was convicted,

reinstated capital punishment in 1976.
~~ and.a jury voted 7-2 that he should die.

of black leader |

_ JAMES HENRY

. for 74 murder

ths
’

- Henry executed ~

Bo es BOS RBI arr cbsig its Pe tipo
lawyer who also helped represent Henry. y, all that
needed to be said had been said.” ;

Last week, Henry met his mother, Dora Mae Bradwell
of Quincy, for the first time since he was a baby. She had
entrusted him to another woman when he was an infant,
and learned of his whereabouts only recently through
newspapers, Ms. Cary said. _ ; :

She visited him at the prison Friday. “He was so
happy,” Ms. Cary said.

At 4:30 a.m., Henry ate his last meal: a dozen raw
oysters, hot sauce, crackers, a glass of grapefruit juice and

Execution “from LA 5

ra.
2 ‘

| Henry, 24 at the time, confessed to the murder, but
later recanted. When prison superintendent Richard
Dugger asked if he had any last statement Thursday
morning, Henry announced, “My final words are — I am
rinnocente (ess Hae4
. He gave a tight and nervous smile as he was led into
the execution chamber at 7:01 a.m., according to
witnesses, which included reporters. Henry seemed

shaken as he looked out at them, the witnesses said,
although he winked at some of those he recognized.

“J think he caught my eye,” said Richard L. Jorandby,
public defender for the 15th Judicial District, whose
oftice has handled Henry’s appeals for nearly 10 years.
“He was acknowledging the people he knew there, sort of
in the manner of saying goodbye.” ;

Henry, who was born in Starke and then moved to
Orlando, was then strapped into the electric chair, his
head covered with a black hood, and electrocuted. A
doctor pronounced him dead at 7:09 a.m.

~ <The execution had been scheduled for Wednesday
morning, but his attorneys won a brief stay until they
could argue before the U.S. Court of Appeals for the 11th
Circuit in Atlanta. t

They presented the findings of a New York
University neurologist, who said Henry may have

- suffered permanent brain damage when he was abused as
a child. ; De :

“Every crime that he committed was committed in a
situation that evoked from him a fighting response, and
the damage to his brain made him unable to control it,”
lawyer Dick Burr said later.

Late Wednesday, the 11th Circuit rejected the appeal
and the U.S. Supreme Court voted 7-2 against reviewing
the case.

Earlier in the week, Gov. Bob Graham had rejected
appeals from both Rev. Jesse Jackson, and Coretta Scott
King, wife of civil rights leader Martin Luther King Jr., to
block the execution.

MRS. KING wrote Graham that “questions of racial
motivation pervade this case.” Henry’s attorneys had
argued that he received the death penalty more because
he shot a white police officer than because he killed a
black community leader. :

Even Zellie Riley’s survivors had asked that Henry be
spared, because they said his death would only cause
them further pain.

But all appeals were turned aside. Wednesday night, .

Henry spent his last hours quietly with his girlfriend,
family and lawyers.

From 8 p.m. to midnight, he sat talking to them
through a window. Then he was allowed an hour to have
visitors in the same room with him. He split the time
between his mother and his girlfriend.

“He was just basking. He didn’t want to talk. He just
wanted to sit and smile,” said Susan Cary, a Gainesville

LI ELLE

a half a cantaloupe garnished with orange slices and
parsley. : P

At a press conference Tuesday, Henry explained: “I
never had any oysters before.” A prison spokesman said
he enjoyed them and ate everything but the oranges and
parsley.

About 5 a.m.,' Henry’s head and right leg were shaved
to provide better contacts for the chair’s electrodes. He-
took a shower, dresséd and spent about an hour talking
with Superintendent Dugger. :

Meanwhile, reporters and demonstrators gathered in
a pasture several hundred’ yards from the prison walls.

At 6a.m., alone woman was setting up signs to protest
capital punishment and lighting candles in the darkness.
By 6:45 a.m., about 40 demonstrators — including Ms.
Cary and Burr — had gathered in a circle.

. One of their signs read: “Florida’s No. 1 Canker/
Legalized Killing.” As the execution time approached,
they sang We Shall Overcome.

“It’s in danger of becoming routine, and J think that’s
why we keep coming out here,” said protester Larry
Reimer.of Gainesville. ,

In the next field, a handful of death-penalty
supporters also stood by.

“To me, there has to be a deterrent in life to go by,”
said Floyd Cone, who said that his son had been shot to
death by a man now on death row. “If I was to do all the
things in life that I would like to do, I would be worse than
an animal.”

. “I just wish my son had a chance to go through all the
appeals that these men have had,” he said. :

BY 7:30 A.M., with the sun breaking over the
tree-line, the demonstrators began heading for their cars.
In Tallahassee, Graham issued a statement extending
“special sympathy to the family of Mr. Henry’s victim,
the late Z. L. Riley of Orlando. I trust that this indication
of our resolve to enforce laws designed to protect innocent
lives is the affirmation of our respect for such a life.”
Later on Thursday, the Florida Supreme Court
rejected appeals by two death row inmates. _ i
Attorneys for Paul Edward Magill had argued that he
was under 18 when he killed a convenience-store clerk
near Ocala and did not deserve death. Attorneys for |
William Eutzy, convicted of killing a Pensacola cab
driver, had argued that a lower court judge should not
have overruled a jury’s recommendation of a life

sentence. eee

Ca
a

-PENDERSON v. DUGGER’ 1315
Cite as 925 F.2d 1309 (11th Cir. 1991)

and that court has found the claim proce-
durally barted."? The district court found
that this claim was procedurally defaulted.
Although Henderson argues that his claim

of cause requires. an evidentiary hearing,.

we note that “[w]hen a claim of ineffective
assistance of counsel is based: on failure to

raise issues on appeal,’.:. it is the excep-,

tional case that could not be resolved on ‘an
examination of the record alone.” 38 ee

[5] Henderson alleges cause for, the de-
fault, arguing :that’ his, counsel: on, direct
appeal. was ineffective. . Regardless of
whether his appellate counsel was ineffec-
tive,!9 we conclude that Henderson cannot
demonstrate the prejudice necessary to ex-
cuse his procedural. default. First, the
Lake County jurors. might have. been eX-
posed. to.articles discussing Henderson’s

‘case, but the articles have not, been alleged

to be inflammatory. The more inflammato-
ry .articles from Hernando . County . and
Tampa were not read by the jurors. in: Lake
County.. Second, the jury . selection was
fair. Most of the venire indicated that they
had .no knowledge of Henderson, or..the
crimes. . The prospective jurors, that did
have any knowledge were questioned indi-
vidually, and those several were removed
for cause. In addition, Henderson. did ‘not
use all of his peremptory challenges. . Af-
ter reviewing the record, the, district court
found that the jury was composed only of
the jurors who knew nothing of Henderson
or the case. This falls far short of Cole-
man v. Kemp’s requirement that an “ fex-

treme situation’ ” 7° exist prior to presum-
ing prejudice from pretrial publicity.

Iv. INEFFECTIVENESS OF ‘MENTAL
HEALTH EVALUATION

[6] Henderson makes several points in
his third argument, all of which relate to
the mental health aspects of his trial. Re-
lying on Ake v. Oklahoma,?" he complains
about the assistance rendered by his ap-

17. Henderson v. Dugger, 522 So.2d at 836 n. 1.

18. Gray v. Greer, 800 F.2d 644, 647 (7th. Cir.
1985).

19. See section X, infra.

pointed mental health expert and argues

that the evidence shows that he was insane

at the time of the crime. In addition, .he
argues that:he was incompetent at the time

of trial and. that his counsel. should: have.

recognized this and pled’ incompetence...

‘The district court denied ‘relief. on: ‘the
mental health -claims, holding that the ex-
tensive, five-day state postconviction: ‘evi:
dentiary hearing established that,no error
occurred. The. following are the + district
court’s findings in regard to the claim that
Henderson’s psychiatrist incompetently. de-
termined that Henderson was sane at the
time of the crime: ~ SoG

The mental health expert who. evaluated

Petitioner. before trial testified at. {the
state postconviction evidentiary] hearing,
- as did two associates who assisted the
doctor, two doctors who. evaluated Peti-
tioner in regard to offenses committed in
~ Putnam County, Florida in 1982, a doctor
“who interpreted the CAT scan in 1982,

and a psychologist retained by Petition-

er’s counsel who examined Petitioner in
1987. In addition, Petitioner’s trial. coun-
sel testified..:. , (taht
io og, ter reviewing the. transcript of
the evidentiary hearing and the : trial

~ court’s. decision: therefrom, this Court
finds that the trial court’s factual conclu-
’ gions are fairly supported by the. record.
“All mental health experts, except: for the
"expert presented by Petitioner, testified
that the evaluation done before trial was
done competently. The trial court was
able to observe the demeanor of the wit-
nesses and to make credibility determina-
tions based upon the testimony. There-
fore, this Court concludes that Petitioner
is not entitled to relief on this claim.
Essentially, the state’s experts testified at
the postconviction hearing that Henderson
had mild personality disorders and the de-
fendant’s expert, Dr. Carbonnell, testified
that he had more serious disorders. Dr.
Carbonnell also testified that the crime was

20. 778 F.2d at 1490 (quoting Mayola. v. Ala-
hama, 623 F.2d 992, 997 (5th Cir-1980)).:.

21. 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d.53
(1985). “

ee
a

1316 925 FEDERAL REPORTER, 2d SERIES

impulsive. However, the facts of the. case
would seem to indicate otherwise—the vic-
tims were bound. In addition, Dr. Carbon-
nell’s other claims of mental illness at the

time of the crime were all contradicted by

other-witnesses. The.contention of organic
brain: syndrome. was refuted, for example,
by a 1982 brain scan erane no. evidence
of disorder. 4 (ae

- Henderson thus contends that his trial
expert’s testimony was not sufficiently fa-
vorable and that his constitutional rights
were. therefore violated. This court’s deci-
sion in Martin v. ‘Wainwright * 7 controls
Henderson’s claim on the insanity issue.
In Martin, the argument that a defendant

‘is entitled to a favorable psychiatric opinion

was . rejected. 23

“ET. Concerning the “issue of
Henderson’s competence to stand trial, the
district court also rejected Henderson’ S$ ar-
gument, finding:

During the [five-day state, ‘ovudentiary]
-hearing, Petitioner’s : counsel testified
that Petitioner was capable of, and in
fact did, assist in the preparation of his
defense. The mental health experts, ex-
cept for the expert presented by: Petition-
~ er, testified that he’ was competent. Fur-
‘thermore, these ‘witnesses testified that
Petitioner hada rational and factual
understanding of the proceedings against
him. Presented with this evidence, the
trial court’s conclusion that Petitioner
was competent to stand trial, and is com-
petent at present is fairly supported by
the record.

The evidence related by the district court
conclusively shows that Henderson was
competent to stand trial, and its findings
are in no sense clearly erroneous.

22. 770 F.2d 918 (11th Cir.1985), cert. denied, 479
U.S. 909, 107 S.Ct. 307, 93 L.Ed.2d 281 (1986).

23. Id. at 935 (“we reject the notion that either

Ake or the due process clause requires the ap-
pointment of an expert who would reach a
conclusion favorable to the defendant”); see
also Finney v. Zant, 709 F.2d 643, 645 (11th
Cir.1983).

V. INVOLUNTARY. ABSENCES |
DURING, PROCEEDINGS |

- Henderson. challenges.as a violation of
the Constitution two instances ‘during the
general jury. qualification at which he. was
not present. The first. instance - involved
the jury qualification in, Hernando County.
that was later aborted after, the. change of
venue motion was granted. Henderson ar-
gues that, had he been. present, he might
have decided against asking for a change
of venue to Lake County: Buti given his

arguments concerning the constitutional in-

adequacy of the jury empaneled in: Lake
County, where the exposure: to news re-
ports was even less prevalent, this conten:
tion’ seems implausible.

[8] Second, whether Henderson was ab-
sent during the general jury qualification
in Lake County is' disputed. The record
indicates that the defendant- was ‘there.
This is controverted by the defendant.
Even if Henderson was absent, a general
qualification of the jury’ is not a “critical
stage” in the proceedings. The court was
merely deciding which jurors were to be
excused for age, hardship, etc. -It is diffi-
cult to see what the defendant: could have
added to this proceeding! a

‘VI. OVERBROAD. APPLICATION. OF
) AGGRAVATING: FACTORS

The state argues, and the district court
found, that Henderson had procedurally de-
faulted on this claim—that the jury instruc-
tions as to the “especially heinous, atro-
cious, or cruel” and “cold, calculated, and
premeditated” aggravating factors were in-
sufficiently specific—by failing to raise it
before the Florida Supreme Court on direct
appeal. Our examination of the trial
record and Henderson’s brief on direct ap-
peal shows that Henderson clearly raised
this issue before the state trial court.?5

24. See Hall v. Wainwright, 805 F.2d 945, 947
(11th Cir.1986), cert. denied, 484 U.S. 905, 108
S.Ct. 248, 98 L.Ed.2d 206 (1987).

25. See Trial Transcript, at 1570-71 (Henderson’s
counsel: “The standard jury instructions used to
define this aggravating circumstance. I don’t
believe they do that anymore. Without that
definition, this aggravating circumstance is un-
constitutionally vague and over broad.”); id. at
1575-76.

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HENDERSON v: DUGGER

er Sc ART RS OL Sina

r
&

1318

Cite as 925 F.2d 1309 (11th Cir. 1991)

cers had been having a casual, nonthreat-
ening conversation. As in Oregon v. Brad-
shaw, Henderson then asked Hord an ini-
tial..question that was to. the .effect: of,
“CW]hat is going to happen to me now?” °
In Bradshaw, the Supreme Court held that
this question was sufficient to open:up the
suspect to.more direct questioning (via a lie
detector test).,,.The Court stated that Brad-
shaw’s. question, “could. reasonably _ have
been interpreted by the officer:as relating
generally to the investigation.” ” _ Similarly,
this. circuit has. held. that . the question,
“Where are we going?” by a suspect allows
police to make statements that could en-
courage,the suspect to confess.®..

A second factor in our conclusion that
Henderson’s statement was voluntarily giv-
en is that Hord did not directly question
Henderson or bring up the ongoing crimi-
nal investigation; instead, he asked a broad
question to which Henderson could have
given many replies. When Officer Hord
asked what Henderson was attempting to
‘communicate to him, Henderson could have
as easily replied that he was in some sort
of physical discomfort as that he wanted to
show Hord the bodies. This was clearly
not a case where'the police were repeatedly
asking the suspect to come clean. The fact
that the’ question asked was open-ended
lends’ credence to Hord’s claim that
Henderson was trying to: tell him some-
thing, and that Hord’s question was merely
the catalyst. Had Hord asked a more di-
rect question, our conclusion might well be
different. In that case, we would not pos-
sess the reliability derived from the fact
that Henderson gave a specifically incrimi-
nating answer in response to a very broad
question; in that case, the police would be
directly. suggesting that Henderson should
confess despite his attorney’s specific. in-
structions not to talk further.’

6. 462 U.S. at 1042, 103 S.Ct. at 2833.
7. 462 U.S. at 1046, 103 S.Ct. at 2835.

8. United States v. Valdez, 880 F.2d 1230, 1232,
1234 (11th Cir.1989) (“Agent Brady's statements
were in response to Valdez’ question regarding
his destination, they were not in the form of
interrogatories.”).

As an aside, we note that Henderson has
referred us to the recent Supreme Court
case of Minnick v. Mississippi’ as possi-
bly ‘informing our opinion. Minnick is not
applicable, because it only holds: that—fol-
lowing:a request for*counsel—an accused's
consultation with counsel does not. allow
the police to reinitiate interrogation subse-
quently. :’ Henderson’s: case’ does not turn

on the fact that he'was provided with coun-
sel after requesting’ it; it turns completely —

on whether: he “jnitiated | the» confession.
The Court in’ Minnick commented,’ “Ed-
wards does! not foreclose finding’a waiver
of Fifth Amendment protections’ after
counsel has been‘ requested, provided the
accused Has initiated the conversation or
discussions with the authorities; but that is
not the case before’ us.” There can be ‘no
doubt that: the interrogation in question
was initiated by the police; it was a formal
interview which petitioner was compelled to
attend.”’"! ‘Therefore, Henderson’s prior
request for counsel is irrelevant as long as
he initiated the confession.

We hold that Henderson in fact initiated
the confession. We are careful to add that
this holding is a result of our conclusion
that Henderson himself asked a question
initially that could have been taken as re-
lating to his crimes, and that the confession
was in response to a quite open-ended ques-
tion. A holding that Henderson initiated
his confession through nonverbal communi-
cation would allow police to interrogate
suspects who have invoked their right to
counsel on the basis of police interpreta-

tions of suspects’ demeanors, facial expres-

sions, and so on. A twitch of the ‘cheek
could be taken as a desire to confess. Such
a rule would effectively wipe out the pro-
tections that cases such as Edwards v.
Arizona provide. — 7 |

9. . See, e.g., United States v. Johnson, : 812 F.2d
1329, 1331 (11th Cir.1986) (evidence suppressed
where, after suspect requested a lawyer, agent
engaged suspect “in a discussion relating direct-
ly and indirectly to the investigation”).

10. —- U.S. —, 111 S.Ct. 486, 112 L.Ed.2d 489
(1990).

11. 111 S.Ct. at 492.

4 y

1314 925 FEDERAL REPORTER, 2d SERIES

B. The Confession. to, Perez...

[3] On’ June 11, 1982, Officer Petes
transportéd: Henderson from the Raiford
State Prison to Hernando County.
Henderson was at this time represented: by
counsel in ‘both: Putnam: and Hernando
Counties. During the trip, Perez. read
Henderson his rights and then showed him

a picture of one of the victims, asking, “Do

you recognize the person in this: picture?”
Henderson replied, ‘“No,comment.”..A few
minutes later, ‘Perez again asked about the
murders. Henderson: replied, “I: already
told. other detectives and. I. know about
what you're investigating, and I know you
have copies of.my statement.” . Perez. re-
plied that. he wanted to have clarification of
some of the events: surrounding: the .mur-
ders, but Henderson. remained silent, and
Perez asked no.more questions. When the
vehicle stopped so headquarters could be
advised they were approaching, Henderson
gave Perez a tape-recorded confession, ap-
parently unprompted, first saying, “Give
me a Pepsi and a pack of Winstons and I’ll
tell you about this shit.’ .

Henderson contends ‘that his . wall. was
overborne by Perez’ persistent questioning.
However, this court’s. precedents clearly
hold that where a suspect changes his mind
with regard to giving a confession to the
police—even after an invocation . of ‘the
right to counsel—the confession is admissi-
ble. For example, in Moore v. Dugger,"
we held that “{i]f.a suspect clearly, of his
own volition, changes his mind about want-
ing counsel, we see nothing . . to require
that the withdrawn request “for counsel
continue in force.” 1% In Moore, the sus-
pect asked for counsel; questioning
stopped; and then the suspect said, “Never
mind, I'll finish telling you right now.” 4
Although some might contend that
Henderson’s trade of a confession for a
soft drink and a smoke was ill-taken, there
is nothing in the record before us to indi-

12. 856 F.2d 129 (11th Cir.1988).
13. Id. at 133.
14. Id.

15. 373 U.S. 723, 83 S.Ct. 1417, 10 L.Ed.2d 663
(1963).

cate. that, as in Moore, the confession was
not, initiated and volunteered by
Henderson.

[4] ‘Even were we to find the confesuibrn

recorded by Perez inadmissible, its’ ‘adtnis-
sion was harmless, as Henderson had: al-
ready explicitly confessed to the same mur-
ders to’ the Putnam County authorities.
Although this later confession was used to

provide further details of the murders,

there can be no contention that the state
did not ‘already have sufficient evidence to

convict. and to support a death sentence .

prior to June 11, 1982.

Il. PRETRIAL PUBLICITY

Henderson’ s confessions to numerous
murders produced a spate of news reports
in Hernando County and throughout cen-
tral Florida. In February 1982, a Hernan-
do.County Circuit Court judge issued a gag
order .to prevent. adverse publicity from
affecting Henderson's trial. _However, the
order was ineffectual, and after three days
of voir dire in Hernando County, it became
apparent that many of the jurors were
tainted by the publicity. The trial judge

therefore granted . Henderson’ s motion for

a.change of venue. A new jury was :em-
sieiad. in Lake County, also located ,in
central Florida. Henderson’s renewed mo-
tion for a change of venue was denied, and
trial proceeded in Lake County.

- Henderson’s argument, based on Rideau
vy. Louisiana," is that the pretrial publicity
was “so pervasive[ ]” '* that prejudice must
be presumed. In particular, he maintains

that the publicity surrounding his previous -

confessions tainted the Lake County venire
beyond repair. But because we have found
that his confessions were admissible, the
damage if any from the publicity is negligi-
ble.

Henderson did not raise this claim on
direct appeal to the Florida Supreme Court,

16. 373 U.S. at 726, 83 S.Ct. at 1419; see also
Coleman v. Kemp, 778 F.2d 1487, 1490 (11th
Cir.1985), cert. denied, 476 U.S. 1164, 106 S.Ct.
2289, 90 L.Ed.2d 730 (1986).

Cincinnati (Ohio) Post |

April 21, 1993

Mass murderer

- dies in chair

rrom staff and wire reports

STARKE, Fila. — Robert Dale
Henderson, who admitted to a dozen

murders in five
killing spree that included four

deaths in Ohio, was
in Florida's electric chair.
Henderson, 48, was pronounced
t 7:10 am. The U.S. Supreme
Court rejected two requests by Hen-

dead a

states during a 1982

executed today

derson to stay his execution.

When asked if he had any final

NIN
94:C5

to multiple life terms.

He was sentenced to death in
1982 for the slayings of three
hitchhikers he picked up toward
the end of a 19-day spree that
continued through South Caroli-
na, Mississippi, Louisiana and
Florida after its beginning.

The hitchhikers, two men and
nm woman, had been bound with
adhesive tape and shot in the
head. Henderson told authorities
he thought they were going to
kill him.

He was arrested Feb. 6, 1982,.,

after turning himself in to a
Charlotte County sheriffs depu-
ty cruising a shopping center
parking lot.

A high school dropout from
Esther, Mo., Henderson moved
from Cannda to Florida to South
America, taking myriad small
jobs. In 1977, he was jailed in

Laramie, Wyo., for tying up a
~ woman and stealing milk, cook-

ies and $7 from her house.

4 In Inte 1981, he married Don-
a Barnett and moved to a mno-

bile home in Cherry Fork.

-past 11 years,

!
{

words, he replied, “No sir, I don't.”
He hnd requested a
steak, lobster and tossed salad, with
soft drinks.

Henderson had been on death row
for a decade in Florida and admitted

murdering 12 people
week, five-state rampage. He went
blind about a year ago after surgery
fniled to correct a congenital visunl
disorder.

Henderson's killing spree began
when he abducted Jerilyn

finni meal of

during n six-

Stanfield,

Mrs. Stanfield’s parents, Joy
and Wesley Mysonhimer of Mil-
ford, Ohio, have closely followed
alb that has happened to treir
daughter's murderer over the
but this morning’s
execution left Mrs. Mysonhimer
feeling “numb,”

She got word of Henderson's
death in a telephone call from
Florida. officials.

“r was shocked when they
told me and don't ask me why,”
Mrs. Mysonhimer snid. “I just
didn’t expect it. There have been
so many delnys. I don't feel as
relieved as I thought 1 would.
Mayhe somewhere in the deep
recesses Of my mind T thought
maybe this death) would bring
her back.

an Anderson Township homemaker,
from Eastgate Mall Jan. 14, 1982. He
raped and murdered her a few hours
Inter in rural Clermont County.

Seven days after killing Ms. Stan-
field, Henderson killed his in-laws,
Ivan and Marie Barnett, and their
son, Cliff, all of Cherry Fork in Ad-
ams County.

Henderson entered giullty plens to
the Ohio deaths and was sentenced

“It gets easier,” she said. “T
don't spend my days in tears.
But there’s not a day goes by
that something doesn't remind
me. A car goes by or T hear a
song or have n Meeting thought.
My son puts it so well when he
says, ‘There's a hole in my heart
that will never heal.”

Henderson was the 30th in-
mate to die In Florida’s electric
chair-And the 19th executed in
the nation since the 1976 US.
Supreme Court ruling allowing
states to resume use of the death
penalty.

Henderson’s 1 1th-hour
appeal fell on deaf ears

@ From Page 1

chamber to his ear. Perrin asked
the governor’s office if Henderson
had received a last-minute stay of
execution.

He had not.

The U.S. Supreme Court reject-
ed a request to stay the execution
about midnight. The U.S. Middle
District Court in Jacksonville and
11th Circuit Court of Appeals in At-
lanta also rejected similar appeals.

A metal cap containing electri-
cal wiring was placed at forehead-
level around Henderson’s head,
which had been shaved hours earli-
er. His right pants leg was rolled up
and electric wires were attached to
the leg just below the kneecap.

From behind a glass window,
about 40 witnesses — relatives of
the victims, law enforcement offi-
cials involved with the case, prison
officials and reporters — watched a
guard place a black leather hood
over Henderson’s face. The hood
was attached to the metal cap.

Witnesses, who were escorted in
single file about 6:55 a.m., remained
silent.

At 7:05 a.m., Perrin nodded to-

ward a partition to the right of the
chair. A black-hooded executioner
turned a switch, releasing 2,000
volts of electricity and 14 amps into
Henderson’s body. The executioner
was paid $150. The executioner’s
identity is kept secret by the state.

Henderson recoiled back and
upwards; his fingers clutching the
chair’s arms; his chest stretching
the thick leather straps. A puff of
smoke rose off the his right leg. The
electrocution last two minutes. —

Medical personnel checked his
chest for fibrillation — rapid, irreg-
ular heart beats caused by the sud-
den voltage. In the first row, a
blond woman no more than four
feet from Henderson turned and
hugged a man sitting behind her.
Prison officials could not identify
her.

At 7:08, Cahn Nguyen, the doctor
monitoring the execution, removed
his stethoscope from Henderson’s
neck and stepped back. A prison of-
ficial pronounced Henderson dead
seconds later. .

The witnesses filed out.
A white hearse parked outside

the prison waited to take the corpse
away. :

—Hlorida/Metro

Babe ow hash ee

Ae tad

Thursday, Apri rl 22, 199:

Murderer says drugs, alcohol to blame

Robert Dale Henderson broke his
silence about the killing spree to a
professor just before his execution.

By ROB CHEPAK
Tribune Staff Writer

STARKE — During the final hours of his life, Robert
Dale Henderson said drugs and alcohol drove him to mur-
der 12 people during a 19-day rampage in 1982.

’ He made those comments to a University of Florida
professor who waited with him in the pre-dawn hours
Wednesday.

Henderson did not repeat them hours later when a pris-
on official asked if he had any last words before his death.

“No sir,” Henderson said, “I don’t.”

The switch was thrown and Henderson was pronounced
dead at 7:10 a.m.

Moments later, Denise Flanders of Palatka, daughter of
one of Henderson’s victims, said mental scars from his
actions never will heal, but his execution offers some sense
of justice.

Flanders stood outside the prison, the site of a tense

Standoff between victims’ relatives and death penalty oppo-
nents.

. “Did Robert Dale Henderson ask
how our family was doing?” Flanders
screamed. “We've been going through
this for 11 years.”

“He has a family, too,” replied Su-
san Cary, a Gainesville attorney who
aids death-row inmates at the prison.

One death penalty opponent held a
sign that read, “Not in my name.” Ear-

lier, Flanders blew out several candles
held by the death-penalty opponents. 2

“The pain will be there forever ee
and ever, but this was the end, and we Henderson
can start a new beginning,” Flanders Was put to
said. Henderson shot her mother, Do- death early
rothy Wilkinson of Palatka, in a west- Wednesday.
ern-wear store.

Henderson, 48, was the 30th person executed in the
state since the death penalty was reinstated in 1979. Gov.
Lawton Chiles signed a second death warrant against Hen-
derson in March for the Feb. 2, 1982, shooting deaths of
three Panhandle hitchhikers.

Michael Radelet, a sociology professor at the University
of Florida, spent 244 hours at Henderson’s side before the
execution. The convicted murderer blamed his actions on
drugs and alcohol, Radelet said afterward.

Henderson’s cell was about 30 feet from the execution

chamber. He did not sleep Wednesday morning, Radel
said.

“He was at peace. He expressed his heartfelt regret t
the families of the victims,” Radelet said.

Henderson’s attorneys and six family members fro
Texas and Missouri also visited.

Henderson’s last meal consisted of lobster, steak, sala
bread and butter and sodas. It was served at 4:30 a.m., an
Henderson ate little more than half, a pyson spokesmal
said.

At 7:01 a.m., - security guards escorted Hendersoi
through a rear door in the approximately 13-by-9-foot exe
cution chamber. He wore a white dress shirt and gra
pants.

During preparations, Henderson sat stone- faced and ex
pressionless. With a glare and high, tight cheekbones, h
looked identical to his appearance in pictures taken afte
his arrest 11 years ago. Attorneys and prison officials sai
Henderson recently nas gone blind from some type of par
asite.

At 7:02 a.m., two. prison guards knelt on either side o
the oak electric chair. They tied brown leather strap
around Henderson’s waist and chest. :

Prison Superintendent Everett Perrin stood behind th
chair. He held one of three phone receivers visible in th

See HENDERSON’S, Page

re re

mee at ree 7

Robert Dale
Henderson

One man’s six-week killing spree

(Sterol Se cE SE SES EE

Early in 1982, Robert Dale Hen-
derson went on a six-week killing
spree. Among the victims:

w Jerilyn Stanfield, 30, of An-
derson Township. He abducted
her from Eastgate Mall Jan. 14,
1982, and later killed her.

@A week tater Henderson
killed his in-laws, Ivan and Marie
Barnett, and their son, Cliff, at
their Adams County home.

mHe headed for Florida and

killed at least six others In the next
few weeks.

cle didn’t
=lorida. It
> Riley to
2d to his
ecided to
might be
but there
rt.

nvicted
Henry
Jrlando
ft) and

Pallbearers carry the body of Zel-
lie L. Riley to burial ground. The
murder victim was a well known
civic leader in the Orlando area.

Police officers who responded to the
call felt much the same anger and revul-
sion as did the nephew when they found
Riley sprawled on the floor of his bed-
room. A length of rope secured the el-
derly man’s hands behind his body and a
gag was stuffed into his mouth. Though a
dark pool of red blood flowed from
Riley’s slashed throat and spread out on
the floor beneath the body, officers noted
that bruises on the man’s face indicated
that he had suffered a severe beating be-
fore he died.

Orlando Detectives R.D. King and
Larry Fraser were assigned to the case
and quickly began a thoroughly profes-
sional investigation. ‘‘Looks like a pretty
complete job,’’ King commented as he
and his partner surveyed the death scene.

“‘Let’s hope it isn’t so complete that we
can’t find something to tell us who did it,”’
replied Fraser.

A motive for the brutal murder became
readily apparent when no wallet could be
located on the body or in the house. Ac-
cording to the nephew, Riley always car-

ried a wallet, and should have had about
$60 in cash.

Intensifying their search for clues that
might lead them to Riley’s slayer, the
criminal investigation team discovered a
shoeprint in the yard. The print appeared
to be made. by a tennis shoe that was
probably worn by a fairly heavy man. A
fingerprint that proved to be made by

someone’s thumb also was found on a
cigar box inside the house. The finger-
print was forwarded to the Federal
Bureau of Investigation’s crime
laboratories in Washington, D.C., for
possible matching with prints in their vast
files.

(continued on next page)

Already wanted for one killing, the ex-convict vowed
never to return behind bars. Right to the end, he
was like a rattlesnake who would strike without
warning, whether it be man, woman, child or cop.

With siren screaming, the ambulance
rushed Ferguson to Orange Memorial
Hospital, where he was hurriedly
wheeled into an operating room and doc-
tors began feverishly attempting to save
his life. Within minutes of the time Fergu-
son arrived at the hospital, the entire
40-plus members of the current Orlando
police recruit class and several fulltime
officers began filing into the Central
Florida Blood Bank at the hospital to do-
nate blood for their wounded comrade.

Meanwhile, a former partner of
Ferguson’s was sent to Ferguson’s home
in nearby Apopka to notify his wife,
Marsha, that her husband had been in-
jured. Most policemen’s wives dread fac-
ing such amoment during their husband’s
careers, but unfortunately many of them
like Marsha must face that moment at
some time.

‘My first thought was that my husband
was dead,’’ Marsha later told reporters.
*‘When something like this happens, you
kind of expect the worst.”’

Arriving at the hospital, Marsha im-
mediately was given a full report on her
husband's injuries. He was critically hurt
with two bullet holes through the lungs
and broken collar bones that required
surgery. She didn’t cry, though — she
must display the same type of courage
that her husband had shown in attempting
to apprehend a suspected killer, she felt.

Shortly afterward, Marsha, who is the
oldest of seven children, was joined by
her mother and father and three of her
younger sisters. Meanwhile, other
policemen had notified her employer that
Marsha wouldn’t be at work that day and
had notified Ferguson’s parents of the
tragic shooting. A police chaplain was
waiting at the hospital when Marsha ar-
rived, and an officer was assigned to the
hospital to look after the family’s needs.
Heather, Ferguson's two-year-old
daughter, was being cared for by a former
policeman’s wife.

‘Every door was opened and Marsha
was totally sustained by the police
force,’ added Marsha’s mother, who ac-
companied her daughter on all her visits
to the intensive care ward. ‘‘It was a
beautiful thing to watch.”’

“Rallying around = an_ injured
policeman’s wife and family is standard
operating procedure,’’ Orlando Chief of
Police James Goode told inquiring repor-
ters about his department’s support of
Marsha. ‘The wife’s attitude can make
or break an officer’s performance if she
does not accept the fact that often she had
to play second fiddle on the job.”’

While awaiting word on Ferguson’s
condition, Marsha reflected over her past
life with him, but refused to harbor any
regrets about persuading her husband to
change his major from recreation to
criminology while he was a student at
Florida State University.

‘“‘! would rather have my husband be

happy doing police work than something
he doesn’t enjoy,”’ she told reporters and
policemen who had gathered to share her
vigil.

‘‘It’s not in my nature to sit and fret,”’
she said the following morning. Her com-
plexion was fresh and her bright eyes
showed no hint of fear or grief, though she
had not slept at all the night before while
awaiting for word on her husband’s prog-
ress.

“Every night Heather and I say our
prayers that God will take care of
Daddy,’’ she said. ‘‘And if something
does happen, there is a purpose.”’

Police work had seemed to be Ronald
Ferguson’s natural calling in life. After
graduating from Florida State in 1971
with a degree in criminology, he joined
the Orlando Police force and was as-
signed to the Crimes Against Persons
unit. Marsha was a teller at a bank in

Detective Ronald Ferguson

waged a strong battle for his life

and lived to see his assailant
tried and caged.

nearby Apopka, and soon Heather was
born to the happy couple. Though on the
job only three years at the time he was
shot, Ferguson already had collected five
letters of appreciation from citizens that

he had helped in the course of carrying
out his duties.

In the fall of 1973, Ferguson and
another officer, Mike Frederickson, re-
ceived awards of merit for outstanding
performance of their assigned duties. The
award was made after the two policemen
calmly talked a murder suspect — who

was in a deranged state of mind and was
threatening suicide — into lowering a gun
from his head and submitting to arrest.

‘‘Although being threatened with gun-
fire,’’ read a portion of the award, ‘‘you
stood your ground and forcefully con-
vinced and ultimately successfully per-
suaded the man not to kill himself. You
displayed exceptional courage, pre-
vented a suicide and effected the arrest
without injury to a murder suspect.

‘*Your actions advanced you to a level
each officer of this department wishes to
attain,’ the award concluded, ‘‘and you
are to be highly commended for it.’’

A short time later, on December 14,
Ferguson received a minor wound when
he and Mike Mankins, his partner that
evening, were dispatched to investigate a
crowd in front of a liquor lounge at South
Street and Division Avenue. When they
arrived on the scene in their patrol car, a
man walked up, and began beating on the
police vehicle with a tree limb about three
feet long. When the officers stepped from
the car to detain the man, Ferguson was
struck from behind and received a minor
head wound.

Now Ferguson lay on an operating
table with surgeons deftly but quickly re-
pairing his lungs and bones to enable him
to live so that he might once again talk
with Marsha, laugh with Heather and ar-
rest criminals such as the one who had so
cold-bloodedly gunned him down. At
last, the chief surgeon emerged from the
closed operating room and smiled at
Marsha.

‘*He’ll be in some pain for awhile, and
we have to keep a close watch on him for
a few days, but he should be as good as
new,” he said kindly.

The strain of waiting for her husband to
live or die disappeared from Marsha’s
face as she smiled gratefully at the good
news. Later she adjusted the sheets
around Ferguson and fed him ice water
while catching him up on events at home.

‘Heather is okay,’’ she reassured him.
“‘| showed her your picture in the paper
and she said ‘that’s my daddy.’ People
have been calling. They’ ve been marvel-
ous, and doing everything to help us.”’

Meanwhile, Ferguson’s assailant was
receiving completely different treatment
from the detective’s colleagues. When an
officer is gunned down in the perfor-
mance of his duties, each policeman
knows that it just as easily could have
been him in the wounded man’s place.
Each officer takes a personal vow to do
everything in his power to see that the
criminal is brought to justice.

After hearing Ferguson’s plight over
his car radio, Police Sgt. Charles Sim-
mons headed north on South Orange
Blossom Trail in his patrol car to render
whatever assistance he could. As he kept
a sharp lookout for Ferguson’s plain car,
he spotted the auto headed south on the
same highway. Wheeling quickly around,

Sgt. Cha:
chase in

(

he pursued the det
fugitive turned e:
south again on W:
back east on Fede

Bent on catchi:
from him in a we
car, Simmons pre:
accelerator and
wheel as he chasec
and down Federal
lost control of th«
and smashed into
rear axle in two p

Simmons paid r
He managed to
speeding auto an
Henry until the si
brakes and scree
corner of Federal
Drive.

Henry clambere
leaped a fence an
area of citrus gr:
while Simmons tri
auto to a halt. ‘
brakes, however,
the car ran into at
and into a propan
also.

Simmons and hi:
leaped from the v
and jumped the fen

rison in De-
z three years
ear sentence.
nposed after
charge of ag-
ooting of an
on April 11,
h assault with
zree murder,
/ to a lesser

th, Henry was
yyed. The ad-
Henry’s resi-
diley’s house.
8, Detectives
id enough evi-
Obtaining a
2rs_ took with
onald Eugene
in his auto to
police cruiser
s home, while
‘side the curb.
or anyone act-
: instructed
n his auto to
y probably has
jon’t know for
ust might find
‘ap up this case
ycate Henry.”’

5 vinta samen in aaa A

Ferguson nodded to his instructions,

then maintained an alert lookout while his
colleagues entered Henry’s apartment.
Though only 25 years old, Ferguson was
wise enough to know that trouble often
can come from unexpected quarters, and
he wanted no danger to come to his bud-
dies if Henry should suddenly return
home. If he knew that he was suspected
of Riley’s murder, Henry might have no
hesitation in putting up a desperate fight
with the officers who had come to place
him under arrest. In that event, someone
could get needlessly hurt — or killed.

K ing and Fraser positioned themselves
on either side of the doorway to Henry’s
apartment and carefully knocked in case
the suspect might be inside. After con-
ducting a quick survey to ascertain that
no one was hiding in one of the rooms, the
detectives conducted an extensive search
for futher clues that might link Henry to
Riley’s death.

After conducting their search, Fraser
and King conferred briefly with Ferguson
before returning to police headquarters.
‘‘There’s a possibility that Henry may
return home before he’s picked up,”’ said
King. ‘‘How about waiting here for a
while just in case?”

‘Be glad to,’’ replied Ferguson. *‘See
you back at the station.”

Ferguson settled down in the driver's
seat-.of his auto and made himself com-
fortable, yet maintained a vigilant
scrutiny of the house in front of him and
of the sidewalks and street to the rear of
his auto by glancing repeatedly in his side
and rear view mirrors. Though young, the
officer was savvy to the methods of
stakeout that enabled him to carefully
keep everything around him under con-
stant view while not drawing undue atten-
tion to himself.

His vigilance paid off about 11:20 a.m.
when the suspect unexpectedly walked
past the rear of his car.

“I’ve just spotted someone that might
be Henry,’ Ferguson radioed to police
headquarters ‘‘He’s walking on the
sidewalk behind my car. I’m going to
check him out.”’

Leaving his shoulder radio lying on the
front seat of his car, Ferguson stepped
onto the sidewalk near Henry.

‘Just a second, there, fellow,’’ said
Ferguson. ‘‘I’ma police officer. Mind tel-
ling me your name?”’

‘‘James Henry,’’ was the reply.
““Why?”’

Ferguson quickly pulled his service re-
volver from its holster, and pulled the
suspect’s arms down to put handcuffs on
him. ‘You're under arrest,’’ he snapped.
‘Lean against the car and spread your
feet.”’

Surprised by the officer’s sudden ac-
tions, Henry turned and placed both
palms against the roof of the unmarked
police cruiser. He stood docilely while
Ferguson gave him a complete search to
determine that the suspect was unarmed,
but when the officer turned him around to
place the handcuffs on his wrists, Henry
unexpectedly attacked Ferguson.

While the two men grappled feroci-
ously, Henry managed to wrest
Ferguson’s .38-caliber police revolver
from its holster. Pointing the gun at Fer-
guson as the officer got to his feet, Henry
ordered him to get into the police car and
to drive him away.

“Go to hell!” replied Ferguson. ‘‘The
only place you're going is to jail.”

As Henry pointed the gun at Ferguson
and stared hatefully at him, the young
detective sensed his danger. Henry had
just been released from a jail term he was
serving for shooting one man, and now
was wanted for the possible murder of a

Hospital surgical team wheels
wounded Police Officer Ronald
Ferguson to operating table. He
recovered and is.now back doing
full-time duty with the force.

second person. If he indeed had entered
Riley’s home, beaten the old man and
ruthlessly slashed his throat for less than
$100, he certainly would not hesitate to
kill this policeman who threatened to end
his freedom.

Before he could take any action to save
himself, Ferguson heard his service re-
volver explode at the same instant he felt
a searing hot pain in his lower abdomen.
Grasping at his only chance for safety, he
began running as fast as he could away
from his assailant. His service revolver
barked behind him again and again, its
sharp retorts interspersed with the
sounds of footsteps as Ferguson realized
Henry was running after him, chasing him
and continuing to shoot at him with his
own gun.

After another bullet tore into his body,
Ferguson was overtaken by Henry who
held the smoking revolver in his fist.
‘Please don’t shoot me anymore,”’ he
pleaded breathlessly. -

The gunman sneered unfeelingly, then
struck him in the head with the gun butt.
He then fired another shot, this time strik-
ing the detective’s collarbone, then
turned and ran back toward the police
cruiser still parked in Henry’s driveway.

Climbing quickly behind the wheel of
the bleeding officer’s car, Henry started
the engine and snatched the gear shift into
reverse. With tires squealing, he backed
from the driveway and sped eastward.

Ferguson, meanwhile, managed to

stumble to the front doorway of a nearby

apartment complex before he collapsed
from his wounds. A resident of the com-
plex called police and reported the
wounded man. Police dispatchers who
had been waiting anxiously for Ferguson
to report the results of his arrest attempt
of the suspected murderer knew that the
wounded man was Ferguson.

An ambulance was promptly dis-
patched to the scene and all other police
units in the vicinity were alerted to the
fact that a suspected killer had just shot a
policeman and, according to a witness,
was driving his unmarked car. Dispatch-
ers added that the fugitive was armed and
dangerous.

An ambulance from the Orlando Fire
Department was summoned to the scene
where ambulance attendants found Fer-
guson writhing in pain on the sidewalk,
his hand clutching his chest where one of
Henry's bullets had ripped into him. A
camera crew from a local television sta-
tion was at the scene even before the am-
bulance, and thousands of television vie-
wers that night stared horrifiedly at their
home screens as they witnessed the brave
policeman awaiting help with wounds he
had received while attempting to ap-
prehend a menace to those home televi-
sion watchers.

(continued on next page)
27

Meanwhile, the entire black commun-
ity and much of the white community of
Orlando, near Disney World in Central
Florida, was incensed by the news of
Riley's murder. The 81-year-old victim
was well known in the area for his active
role in civic affairs.

Each week day, Riley boarded the city
bus that stopped near his home and rode
to his clothing store, Riley's Made to
Measure Clothing Shop, at 471 West
Church Street. Riley was such a good
tailor, friends said, ‘tyou seemed to melt
into his suits."’

At 2 p.m. he walked to Sharp’s Re-
Staurant in the nearby Florida Motel and
greeted the owner with a handshake or a
joke. He then contentedly read the daily
newspaper while having his usual lunch
of either a vegetable plate or liver and
onions.

His outward calm demeanor and be-
havior gave little hint that Riley was a
dynamic man who had founded the Negro
Chamber of Commerce and served as its
executive secretary until it merged into
the Greater Orlando Area Chamber of
Commerce in the mid-1960’s. He had also
served on the mayor’s inter-racial advis-
ory committee and was, at the time of his
death, a member of the city’s rehabilita-
tion and development advisory commit-
tee.

He was clearly a man who tried to per-
form what good deeds he could to help his
neighbors and his community, but at the
same time he was not one to boast of his
accomplishments. In 1950 Riley was the
first contributor to the Jones High School
band fund with a $50 donation, but he had
asked friends who knew of his contribu-
tion not to mention it to anyone.

Through the years, he repeatedly had
arranged with the city for parade permits.
“| don’t want to see the kids on the
street,’ he once explained. ‘'I don’t want
to see them becoming juvenile delin-
quents.”’

A white man who owns a television
Store and who does youth work in the
Orlando area declared: ‘I don’t know

James D. Henry was deemed ‘no
longer fit to live in our society’ by
judge who ‘presided at his trial.

anybody who had a greater concern about
the community, especially in trying to
unite blacks and whites.’’

When news of the brutal death, com-
mitted during an apparently petty rob-
bery, became known throughout the
community a reward fund for apprehen-
sion of the killer was soon established by
city commissioners, local merchants and
a city newspaper. It was hoped that the
$1,600 donated to the reward fund would
provide an incentive for anyone having
information about the killing to report
their knowledge to police and help them
to capture Riley’s slayer.

No meaningful tips were forthcoming,
though, before the FBI labs reported that
the thumbprint found on Riley’s cigar box
was that of James Dupree’ Henry, a
24-year-old ex-convict who was free on
probation.

Henry had been released from

Florida’s Raiford State Prison in De-
cember, 1973, after serving three years
and five months of a five-year sentence.
The sentence had been imposed after
Henry pleaded guilty to a charge of ag-
gravated assault in the shooting of an
18-year-old Orlando youth on April 11,
1970. Originally charged with assault with
intent to commit first-degree murder,
Henry had pleaded guilty to a lesser
charge.

Atthe time of Riley’s death, Henry was
on parole and was unemployed. The ad-
dress police were given for Henry’s resi-
dence was directly behind Riley’s house.

By Thursday, March 28, Detectives
Fraser and King felt they had enough evi-
dence to make an arrest. Obtaining a
search warrant, the officers took with
them a third detective, Ronald Eugene
Ferguson, who remained in his auto to
guson parked his unmarked police cruiser
in the driveway of Henry’s home, while
Fraser and King parked beside the curb.

‘Keep a sharp eye out for anyone act-
ing suspicious,’’ King instructed
Ferguson,who remained in his auto to
serve as a lookout. ‘‘Henry probably. has
left town by now, but we don’t know for
sure. If we’re lucky, we just might find
what we need inside and wrap up this case
pretty quickly if we can locate Henry.”’

PR an uienustilte

Ferguson nodd
then maintained ai
colleagues entere
Though only 25 \
wise enough to k
can come from un
he wanted no dan
dies if Henry s}
home. If he knew
of Riley's murde:
hesitation in putti:
with the officers \
him under arrest.
could get needles:
King and Fraser
on either side of tt
apartment and car
the suspect might
ducting a quick si
no one was hiding
detectives conduc!
for futher clues th
Riley's death.
After conductin
and King conferre
before returning t
“There's a possil
return home before
King. “‘How abo
while just in case?
“Be glad to.” re
you back at the st:

THE FLOR"DA TIMES-UNION (Jacksonville)
Wednesday, 24 October 1928, page ll.

—_—_- 2 — —

Negro Executed for |
Baker County Crime

RAIFORD, Oct. 23 —(AP)—Herbert |
Harvev, 21-year-old negro, was executed |
here this afternoon for the murder of |
_ Mr. and Mrs. Rich at Macclenny. Fla., ;
‘Cn last June 27. He was Pronounced |
'dead in 4 minutes and 47 seconds afte

er the current was turned into the
' chair.

Roosevelt Kirkland. another negro,
was brought here today and placed in
'the death cell far execution next week
after conviction in the same murder.

Before taking the chair today, Har-
vey said he alone committed the crime
and that Kirkland was in Jacksonville ,
at the time. However. Harvey deciared |
he and Kirkland had plotted the BIAYV- |
ing a week before it was done

-ye ke

te ee em

THE FLORIDA TIMES-UNION (Jacksonville)

6 January 1948,

Tuesday, page 19.

RAIFORD, Jan. 5. (AP) -- Reuben
Harper, 30, negro convicted of rape in
Columbia County about a year ago, died in

the electric chair at the State prison
farm here today.

yp Od ee a aaa, e :
HasTY, Monroe, bl, 17, elec, Fla. (Volusia) on 9/16/1935

8 ‘ os i
' aT "
HASTY DIES IN
{ t re Se
‘ELECTRIC CHAIR
a
b
t
»|Confesses Murder Before
3 ° e e
| His Electrocution |:
| Monroe hasty, young Volusia
county negro, died today in ,the
> electric chair at the state on
| }
| tes
pveMage ents eaen aie
NEWs-JOURNAL ;
Daytona Beach, Florida
9/16/1935
Se

‘An. Associated iPress dee
; patch from Orlando this aft-

ernoon sald that {wo negroes,

“described as fro Orlando,
had been sent fro DeLand to
the Orlando jaik for safe-
keeping, and th _ they had
been charged wit the shoot-

Ing of Mrs. Heleta Loucakis.
The despatch sait *threaten-
ed mob violence) in Volusia
county prompted officers to
‘pring the prisoners here ‘to
a strong jail.” it gave the
names of the neg pes as Adol-
phus King and Mpnroe Hasty.

NEW3-JOURNAL
Daytona Beach, Florida
June 8, 1934 (p 1, col 2)

rnal Bureau

- From The News-Jo
' -Mra. Helena

DELAND, June 84
ae Loucakis, 4. w
‘TLoucakia, and sister of Bert
| Thomas, ‘Emporia |
lay critically wounded at the De-
‘and Memorial hogpital today as

Ye of George

lieved ‘inflicted by
'roe (‘Buster’) Ha
before 12:30 o'cloc
at her home near
, Haaty and two Other negroes,
.Aldophes King, 23, pelleved an ac- |
'complice, and Ma hnall Williams, |
| o custody by:
ideputy sheriffs eatly this morn: !
‘ing and lodged Inj jail for ques:
‘tioning. ates tht negroes were |
‘removed = from th¢ jail; but the |
, shergt would not || disclose their!
1 whereabouts. ’ '
| Mra. Loucakis,

a negro, Mon-

ity, 17, shortly
this morning

sho with her

i husband, operates filling station [

‘and grocery store | south of Pler-
;son, was fired upop at close range
‘an she walked ouf on her back:
‘porch to close a door. The would-
(be assassin was a@tanding by the
screened porch and this morning
ithe wire showed powder marks
-where the small calibre bullet en. |
tered before hitting Mrs. Lou-
cakia’ finger and passing. into her
abdomen.
Rushed to Hospital

- She was rushed to the hospital
‘here by Allen’s ambulance where
doctors examined || her and dis-
‘covered the bullet] had punctured
her Intestines several times. Offi-
cers immediately}. took up the
‘trail of the assailant, and arrest-
ed the three negroes about dawn.

Loucakis, who was in the house
when the shot wap fired, rushed.
lout to the porch | in time to see
hia wife fall, buf her assailant
‘had disappeared in the inky dark-
‘neas that surrounded the isolated
filling station.

(A“25 calibre aut
ahell in’ its mag

been snapped wa
cers under Haaty

matic with one
ine which had
found by offi-
_pillow. His

(Continued on'|Page Three)
aS, cpanel ai calliiaetn

COMING STATE Pen an
Officials agreed unanin.ously
that Robert Dale Henderson

was a victim of circumstances who never
should have been in pnson at all.

Look at his so-called cnme. they said.
He got into an argument with his girl-
friend and slapped her, then took some
milk and cookies from her refrigerator
and some change from her kid‘s piggy
bank. For that he was convicted of rob-
bery and sentenced to three vears in
prison.

Okay, so he had been in petty trouble
ot one kind or another for most of his 36
years. A high school dropout at 16, kick-
ed out of the Army for assaulting an
officer at 18, arrested in Flonda for man-

tg SS eG

Henderson, a
he'd killed ten or eleven people. Here he enters

Prime suspect, Robert Dale

jU4NY Possession, in Tennessee tor burg-
larv. again in Florida for driving with a
stolen driver's license.

But that was the old Dale Henderson. a
peer kid from Missour: s No just couldn’:
seem to get his life on track. An unedu-
vated. unskilled boy who dritted into an
timless adulthood through a series of me-
nial, short-lived jobs ranging trom Flor-
ida shrimp-boat hand to Wyoming ranch
hand. stumbling into an vecastonal brush
with the law along the way. That was the
old Dale Henderson.

But look at the new Dale Henderson.
Luok at the police. slender. six foot,
blue-eved, bald-headed convict who
likes to be called Curly’ and who

— Sen YL EIT RSS RS by

“gis ol .- @
odel Prisoner, allegedly stated
court to face murder charges

former m

obviously has made up his mind to tum
ms life around and muke something
mself.

Look how industrious he is. Look how
‘2's applied himself in prison, doing his
signed work cheerfully and efficient.
». and earning a high school equivalen-
~} Certificate in the process. Look how
he's worked his way up to a place on the
prison’s minimum security Honor Farm.
Look what a good job he’s doing as a
Maintenance mun at that local motel on
the prison’s work release program. First
thing vou know. he'll be ready for
parole. a pertect example of rehabilita-
tion.

‘Continued on page 66)

He thinks he’s in the same
category with Speck, Hinckley,
Berkowitz and Manson, but it’s

likely he'll go to the chair

without any sweet book or

movie deals, and the only
“mourners” will be the ghosts of
the people he raped and killed

True Detective 37

|
i
|
|
|

Key investigators in probe were Capt.
Griffin (left), Sgt. Bakker (bending
forward) and Deputy Phil Altice (rear)

by TERRELL W. ECKER

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THE “MODEL” CON LEFT D
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RAPED AND MUTILATED LOVELY NCIN
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EAD BODIES IN FIVE STATES!

MYSTERY OF THE BELL WITCH

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He said he couidn't :
Jason because the man x.ew « here he
lived. He said the man onginally had
otfered him a job to help him move and
came to his house to pick him up. When
he went with Cliff. the man forced him to
kidnap the child, Williams claimed.

1sONne about

At the man's insistence, Williams
said, he made the first ransom call to
Jason's parents. He said he made the
second ransom call because he wanted to
get caught, wanted the whole thing
to end.

But veteran observers of criminal pro-
ceedings were skeptical of Williams’
story. Police were unable to unearth any
evidence of a “’Cliff."' causing many
Spnngtield Township residents to brand
Williams’ story ‘‘utter fabrication,’ de-
signed to ‘save his skin."'

Reactions to Williams’ involvement,
accomplice or not, were mixed. The sus-
pect’s school friends refused to believe
that the quiet youth was involved at all.
He'd never betore been in trouble; this
was obviously a trame-up.

But others were less kind in Profiling
Adnan Williams. One of his teachers
labeled him ‘a militant. "*

‘He always wanted to do things his
way.’” the teacher said. ‘*He wasn't
sooperative. Noe at all.’

Others descnbed Williams as shift-
less. looking for €asv money. The kid-
naping, they ciaimed, was 4n outgrowth
of that obsession.

Beginning December |. 1982, with
Williams being tned as an adult in the
Hamilton County Common Pleas Court,
a jury of nine women and three men took

on the monumental task of > ING fact
trom fiction, of Judging charges and
non-charges, and trying to arnve at some
measure of justice.

Throughout the lengthy trial. Wil-
liams stuck to his story that he had not
killed Jason Evers. that he had been
forced into the kidnaping by the man
named “‘Cliff."’

But Hamilton County Assistant Pro-
secutors Arthur M. Ney Jr. and Car]
Vollman chiseled away at the credibility
of the defendant's story, charging that
Williams acted alone.

Forensic medicine shed no positive
light on the guilt or Innocence of the
accused. **Homicidal violence, type un-
determined.’

So the jury had to ask itself: Was Jason
smothered? Was his death accidental or
Purposeful?

Was Adrian Williams guilty or inno-
cent? If he was guilty, an unwilling
pawn, what was the degree of his guilt?

On December 11, 1982, the jury ren-
dered its fateful verdict. They convicted
Adnan Williams of kidnaping and in-
voluntary manslaughter, which was to
say they found Credibility in the. defen-
dant’s story that he had not acted alone.

Judge Robert Gorman immediately
sentenced Williams to consecutive terms
of 7 to 25 vears on the kidnaping und
involuntary manslaughter Charges. But
because Williams was under 21. he was
ordered to serve his time in the Man-
sfield, Ohio Reformatory rather than the
penitentiary at Lucasville. Under Ohio
law. the convicted teenager would be
eligible for parole in three years and
two months. oe

The ‘‘Model’’ Con
Left Dead Bodies

(Continued from page 37)

They called him **a mode! prisoner. *’

Vicky called him “too good to be
true."’

Vicky was a young divorcee who
worked as a waitress in the motel’s res-
taurant to support herself and her two
children. She couldn't help noticing
that Dale Henderson was a convict,
since he went home tu Prison every
night. But neither could she avoid not-
cing that he was a nice. tnendlv. hard-
working guy who obviously had eves for
her but treated her with respect and dis-
played what appeared to be genuine, se-
mous interest.

And really, how much of a criminal

66 True Detective

' could he be, living on the Honor Farm

and holding down a steady job on the.
work release program? a

Not much of one, he assured her. A
little bad judgement. a little bad luck—
you know. She understood, and she fell
in love:

Vicky didf’t know anything about
Henderson's previous record, and neith-
er she nor the prison officials who were
sO impressed by his progress knew any-
thing about the hours he spent listening
to a fellow convict. The convict had
murdered five persons and was planning
to get nch talking about it.

Look at Gary Gilmore. Gilmore blew
it. of course, by getting himself shot. but
first he collected fifty thousand easy
bucks by talking about just two mur-
ders—talking to a movie producer. What
does that make five murders worth to
Hollywood? Think about it.

tale ntetson thought about it. He di
© anyone else about it bu:

thou
lot BNC about i He thought about

On July 31 198
; » He
model pnsoner 20C his viry
(C parole. In November h

Ing on her relatives: Adams Coy;

tobacco farms.

Vicky's Parents, Ivan and Mane B.
nett, sent them money and the ne
lyweds made the move. Settling abo
two miles from the Barnetts’ 19-a¢
farm. about 80 miles east of Cincinnar
Vicky's family readily accepted her ne
husband into its ranks. and one mem&
gave him a job in his garage. The
noticed that-He chain smoked and gu:
zled beer, ant Would. inco a rage
served food with Mayonnaise on it, by
other than that he seemed to be a nic
enough fellow and was good to Vick
and the kids, at least when he was sober

Unfortunately, he wasn't sabe

enough to hold a job. and it turned out
that Vicky had been mght in the first
place. It was just too gO0d to be true, and
itonly lasted two months. On January 21,
1982, Dale Henderson disappeared after
getting fired-trom his.job at the relanive’s
Sarage- because Of his:constant dhinking.
But neither Vicky-noc-her relatives had
time to. comprehend fully that..he was
gone. let alone moum the loss. before
their attention was Captured completely
by a far greater tragedy.

On January 22nd, Vicky's brother
climbed into the family home through a
window and found his Parents and baby
brother dead. His 61-year-old father.
Ivan, and his 57-year-old mother. Mane,
had been shot in the heads as they sat in

“their family room drinking coffee.

Marie's dead hand stil! clutched her cup.
Eleven-year-old Clifford Barnett had

been shot dead as he walked into the

farmhouse with a load of firewood. All
three had been shot with a .22 caliber
firearm, but it would take a ballistics test
to determine whether the weapon had
been a rifle or a handgun.

The house had been ransacked, but the
gneving family couldn't determine that
anything was missing except possibly
[van Barnett's nine shot. .22-caliber re-
volver, which conceivably could have
been the murder weapon. ivan had been
known to keep money in the house and
might have been robbed, but no one knew
where he kept it so it wasn't possible to
determine whether any money was mis-
Sing.

rf é

onto a lime rock road in northwest Her-
nando County and parked. Then he told
the others he was going into the brush
to try out the guns they had stolen, his
new friends handed him their weapons.
It was a fatal error, police said, for then
he tied them hand and foot with tape
and shot them in the head with a .22-
caliber pistol.

In Panola County, Deputy Cooper

told reporters that despite Henderson’s
claims of mass murder, “I’m surprised
Odom didn’t get him first.
- “We were after him (Odom) all the
time for something. He had quite a re-
cord. I knew Frances at least six years
and she was nota bad girl, just restless.
She was from a real poor family.”

A neighbor at the trailer park where
Frances Dickey lived with Vernon
Odom said the couple was “in and out all
hours of the night. There were stereos
playing and car doors slamming and
neither of them ever held down a job
while they lived here. They seemed to
spend most of their time just arguin’
with each other.

“She'd call me late at night to go out
with her, to find him,” the woman said.
“Vernon’s the type who never stayed in
one place long enough. People were kind
of leery of him. He had just gotten out of
prison.

“You had to watch him. He was pretty
sneaky. He’d act like your friend and
then steal from you. But she knew how
he was.”

The couple ‘left Clarksdale in
January, the woman said, after a
number of visits from police who wanted
to speak with Odom about the theft of
some guns from a house.

Vernon Odom, police said, boasted a
prison record which began with a 12-
year sentence in November, 1975, for
armed robbery. During his stay at the
Mississippi Department of Corrections,
which ended with his release on July 16,
1981, he escaped at least three times.

“They had stopped counting after
three,” his first wife told reporters.

“He wasn’t bad,” she added. “He was
just a bit confused about his values.”

On Monday, ten law officers from
Florida, Mississippi, Ohio, South
Carolina and Louisiana gathered at the
Admiral Benbow Inn in Atlanta, Geor-
gia, to compare notes on the alleged ac-
tivities of Robert Dale Henderson.
Clermont County, Ohio, Sheriff John
Van Kamp, the group’s spokesman, told
reporters that investigators were at-
tempting to trace Henderson’s activities
from January 14th, the date of the first
slaying he claimed until his arrest in
Florida.

“Everything he has talked about,”
Van Kamp said, “has not been checked

7 out.”

Van Kamp went on to say that no
Georgia law officers were present at the
meeting although Georgia had the only

“hard evidence” linking Henderson to
any of his alleged crimes. By hard evi-
dence, Van Kamp said, he meant the
two eyewitnesses in Valdosta and a
knife believed used in the Ohio slay-
ings.

In Lowndes County, Georgia,
Sheriffs Lieutenant Billy Selph said
that he had been planning to attend the
meeting but was unable to because of a
court subpoena that day. He added that
the Valdosta victims had positively
identified Henderson as their assailant
and that blood samples from the man
would be analyzed at the crime lab.

Selph added that if the women had
not gotten free after the attack, “he
would have left them like the other
victims—dead.” ;

On Wednesday, February 17th, Her-
nando County authorities announced
that the third victim found slain off U.S.
19 had been identified as 18-year-old
Robert Lee Dawson of West Helena, Ar-
kansas. Dental records had been used to
identify the young man, whose papers
had been found in the pickup trunk al-
legedly abandoned by Henderson in Ar-
cadia. :

In Arkansas, Dawson’s mother told
reporters that the last time she heard
from her son was on January 26th,
when he called from Pensacola, Florida.
The boy had been discharged from the

Navy on December 16th, in Orlando,
and had gone to Daytona Beach,
Florida, to answer a classified'ad for a
sales job with a chemical company.
‘Also on Wednesday, shortly after a
second autopsy revealed a small-caliber
bullet wound in the skull of the recently

exhumed remains of Dorothy Wilkins,

Henderson was hit with another count
of first-degree murder, this one from
Putnam County, Florida. The autopsy
performed in Jacksonville by the Duval
County medical examiner, Dr. Peter
Lipkovic, had required the use of
sophisticated X-ray equipment to locate
the bullet.

From Ohio, meanwhile, came word
that on February 8th, an Adams County
grand jury had indicted Rebert Dale
Henderson on three counts of aggra-
vated murder, three counts of felony
murder and a single count of aggra-
vated robbery stemming from the mur-
ders of the Barnetts.

Robert Dale Henderson must be pre-
sumed innocent of all crimes until
which time he is proven otherwise in a
court of law. @

EDITOR’S NOTE:

The names Mary Lee and Sue Ann °

Stewart are fictitious and have been used
because there is no reason for public
interest in these persons’ true identity.

SEX SLAVE CONTINUED FROM PAGE 16:

place for it because the Happy Nomades
trailer camp was divided almost equally
into trailer park and junkyard.

The trailer park was the more depres-
sing section, a collection of hideous, col-
lapsing trailer carcasses which made
their trailer look like a palace. The
ruins were inhabited by starving North
Africans, gray with cold, and living in
terror of police as they were in France
illegally and could be sent home to
their own countries where an even
worse fate awaited them, filthy, ancient
crones and shaking, senile old men liv-
ing from what they could scavenge from
thé garbage cans and a few sinister in-
dividuals who came and went silently
and mainly by night and who had excel-
lent reasons for not wanting to live in
more conspicuous quarters. Although
nominally a socialist country, France’s
social security arrangement was only
slightly better than that of Uganda
and the welfare system was a joke to
anyone who was working, and there-
fore, not dependent on it.

The denizens of the junkyard side of
the operation were, if anything, dirtier
than the ones in the trailer park, but
they were also a great deal huskier and
well fed. None lived in the trailer park,
but in scattered shacks and hovels
nearby and, if their dwellings lacked in
elegance, there was nearly always

something to eat on the table and a
great deal of wine.

Alain made contact almost im-
mediately with two sets of brothers,
35-year-old Joseph and 21-year-old
Eugene Satory, and 33-year-old
Georges and 23-year-old Francois
Stephen. From them, he quickly
learned the fine art of disassembling the
wrecked and abandoned cars scattered
about the countryside and the extrac-
etion of the valuable metals and parts

which they contained. Unlike more or-
thodox hand workers, the Satorys and

Stephans were not jealous of their pro-
fession. In their opinion, there was more
junk scattered around France than all
the junkmen of the world would be able
to dispose of even if they continued
working on it for the rest of their lives.
In the meantime, they divided their
time almost equally between the junk
and the wine bottle and were happy.

Joseph Satory and Georges Stephan °

were both married and both had several
children, although they were not quite
certain how many or where they all

were at the moment. Eugene Satory and

Francois Stephen were not yet married,
but were giving the matter some serious
thought.

Alain and Claudette, therefore set-
tled down to pass the winter at the
Happy. Nomades trailer camp in the

» Chemin de

thev not bo
si f sh

-h 2aliz

abandon th
walk the re:
was their on
not bring tl

Througho
December,
sleet and sn

~ making it p

-- seaofmuda

trailers wi

complicatin
wrecked ca

Alain an

they were 1
insulation i
ble to that
expensive h

-stove poure

they were
Claudette |
developed
The Sato.
by rights, h
the liver, t
and drunke
members 0:
winter agre
washed the
the cold hel
count. |
The junk
their eleme
were not. 7
r smo
Cc mn de;
tu survive

~ Happy Nor

winter. B

b Claudette v

blaming «
January, tk
slept lockec
was becaus
of passion.

In Febr
the mud wa
snow fell o
it for the o
tive. The ju
tivities at
crankcase 0
keep from |

Strangel:
lationship
anyone mo
and it tenc
them.

On the |
sudden an
Nomades t
state of nea
tools, shoe:
attached |
peared for
sponded by
tion of the
wine on th

Alain an

«|

aero

Recently, the Maritime Administration in 4

Washington issued a special report, advising
all ships ‘to use caution while transiting wa-
ters in the approaches to Singapore, and espe-
cially the Strait of Malacca in the vicinity of
Phillip Channel.”’

According to Walter Lockland, national
security officer in the Office of Ship Opera-
tions, there were 29 reported incidents of
Piracy in the Singapore area in 1981 (‘Our
Oceans Are Running Blood Red!’” INSIDE,
September 1982). Two of those incidents in-
volved tankers chartered by the Mobil Oil
Corporation. Luckily, no one was seriously
hurt in either incident.

Unfortunately, the same cannot be said for
the Vietnamese refugees. It appears as
though the Thai pirates continue to prey up-

* on them. According to statistics gathered by |

the United Nations, 211 Vietnamese boat
people were abducted in 1981. More than
half of them are still missing. The rest,
according to local informants, are the proper-
ty of local brothels.

~ In March, a Vietnamese fishing boat land-
ed on an oil rig in the Gulf of Thailand; there
were 1] men aboard, half of the boat’s origin-
al complement. The other eleven—four

women and their babies—were kidnapped by ©

Thai pirates. .
In April, ten boatloads of pirates repeated-

ly attacked a small refugee boat off the Thai

coast. They raped the woman and killed most
of the others aboard the boat.
Soc
Joseph P. Savenelli, who was convicyed
of his wife’s murder (‘‘Did Nina’s OrgiesGet
Her Murdered?’’ INSIDE, September 1982),
was released from Somers State Prigon in
Connecticut after posting a $150,000/appeal
bond. Savenelli had served seven mgnths of
his 25 years-to-life sentence.
Jerold H. Barnett, chief of legal se
the public defender’s office, stated
date had been set for the appeal with t

fore the court within a year or two.
Meanwhile, according to the conditions s

. of his cell. Henderson and the other four

by Superior Court Judge Francis R. Quinn,
who lowered the appeal bond from $300,000
to $150,000, Savenelli must report to a court
probation officer twice a month, avoid con-
tact with all state witnesses (with the excep-
tion of his mother), notify the state of any
gurt’s permis-

prior to leaving the state.
Soe
On August 6th, Robert Dale Henderson
joined an attempted jailbreak in Brooksville,
Florida., Henderson, who confessed to
murdering 12 people (‘‘Three-Week Five-
State Murder Spree,’” INSIDE, December
1982), fell in with the attempt when four
inmates opened the door to his cell.
According to Captain Robert Myers, the

’ four inmates, from another cellblock, sub-

dued a jailer.and took his keys. They then
went to the section of the jail that housed
Henderson and Billy Mansfield Jr.; another
mass murderer. Mansfield refused to step out

inmates were quickly recaptured.

CS ae

EGE

Sees

Pad Se ee

Pag a eI PES

ad guys will

Cim@@mida
l i@:
“Ana New

: target for.

ils feel that
viling, wait-
ywn to wind

his level of
t additional
miral Deese
is going to
hrough this

budget is al-

leclared war.

erways con-

MURDER SPREE CONTINUED FROM PAGE 31 |

High, Henderson was remembered as a
shy and quiet member of the art club
who came from the wrong side of the
tracks, where he lived in a battered
shanty on a dirt road just outside the
city limits.

In 1962, when he was 16 years old,
Henderson’s parents were divorced and
he went to live with his mother in Luf-
kin, Texas. After a brief go at high
school, he dropped out and enlisted in
the service. He spent two years in uni-
form before he was given an undesira-
ble discharge for assaulting an officer.

Over the next few years, Henderson
held down a variety of jobs on two conti-
nents. He worked on shrimp boats in
Bermuda, Ecuador and Florida,
punched cattle in Texas and worked as a

». roughneck in oilfields from Texas to Al-

berta. Acquaintances remembered him
as a hard-drinking loner who spoke
often about owning his own small repair
shop or garage, but was never able to
keep two nickels to rub together.

In 1972, he was arrested for posses-
sion of marijuana in Fort Myers Beach,
on Florida’s Gulf Coast, and in 1976 was
picked up on a Sevier, Tennessee,
burglary charge under an alias. When
he agreed to testify against a cellmate
who had told him about stabbing a
hitchhiker to death, the charge was re-
duced to criminal trespass.

' “T feel so guilty,” said the prosecutor
who had agreed to the deal, after learn-
ing of Henderson’s confession to mur-
der. “If I hadn’t dealt with him, all this
might not have happened.”

Before the end of the year, Henderson
was arrested again, this time in Titus-
ville, Florida, for using the stolen-
driver’s license of an Orlando man. Sen-
tenced to a year behind bars, he escaped
from a Fort Lauderdale work-release
program and kept his hard-won freedom
for all of four days, until he was rear-
rested in North Carolina. :

Following his release from prison in
1977, Henderson went out west. He soon
found work on a huge cattle ranch on
the outskirts of Laramie, Wyoming.

“He wasn’t that bad a guy,” his former
boss would remember, “but I knew he
was a little weird. I knew he had prob-
lems. I mean, he seemed normal
enough, except that his eyes were odd.
You can tell from a man’s eyes that he’s
disturbed.”

“How do you mean odd?” he was
asked.

One day at lunch, the rancher re-
membered, Henderson took a bite of a
sandwich and then hurled it across the
room in a fit of anger. .

“He said he hated mayonnaise. Lot of
folks, they have food they don’t like, but
they don’t blow up like that.”

On October 10, 1978, the rancher con-
tinued, he asked Henderson to take his

pickup truck to the lower end of his
Spread to do some chores. Henderson
never came back. .

“After it got late, I called the sheriff's
office and told them my truck was mis-
sing,” the rancher said. “They found it
and that was what led them to charging
him with raping that girlfriend of his.”

The incident, according to former
Laramie Prosecutor Craig Kirkwood,
was actually “a domestic dispute that
got out of hafd,” although Henderson’s

girlfriend called it rape.

“He was into bondage,” the former
prosecutor said. “He tied her up with
strips of pillowcases. They were using
whips and things. He slapped her a little
harder than normal. ;

“She got angry. He tried to rectify i
by robbing her. He took a carton of milk
from the refrigerator, a box of cookies
and $7.48 from her daughter’s piggie
bank. She wanted to charge him with
sexual battery. I told her I didn’t think it
would fly.” «

Sentenced to a term in the Wyoming
State Penitentiary at Rawlins, Hender-
son soon earned the reputation of a
model prisoner. His reward was a job in
a work-release program at a local motel,
the same motel where he would meet his
future wife. ,

“He was such an outstanding in-
mate,” recalled Henderson’s former
parole officer, “that he earned a chance
to go to a what we call the Honor Farm,
which has very few restrictions. We
were all assured he was just a victim of
circumstance and that he never really
belonged in prison. :

“He didn’t even have any hangups

about being totally bald. He told the

girls to call him ‘Curly.’ When we
started reading about all these mur-
ders, we couldn’t believe they had any-
thing to do with Curly.”

On Wednesday, February 10th, Char-
lotte County deputies placed Henderson
in the back seat of a cruiser and began
the long drive across the state to
Palatka, where he was to be formally
charged with the murder of Dr. Murray
Ferderber. Shortly after leaving Punta
Gorda, Henderson told deputies that he
would lead them to the bodies of three
more of the dozen people he claimed to
have killed. Henderson had made such
‘an offer before, but now the deputies
decided-to take him up:on it. After con-
tacting their boss, SheriffE. W. Pellicer,
the Charlotte lawmen joined a group of

Citrus County deputies and’ then.

headed south from State Road 44 in
Crytal River along U.S. 19.

An hour later and half a mile south of
the Hernando County line, Henderson
asked the deputies to turn west onto
Yellow Legs Avenue in the undeveloped
Royal Highlands Unit 1 subdivision.
They went another mile before Hender-

son told them to stop. In a clump of high
yellow grass near a dead end road he
pointed out the badly decomposed re-
mains of a nude woman and two men,
one clad only in pants. Henderson would
say only that they were hitchhikers in
their mid-20s whom he had picked up
less than two weeks earlier.

Informed of the grim find, Hernando
County authorities ordered the area
sealed off until the following morning.
The police line was breached briefly at
eleven in the morning when the para-
medics arrived and transported the
body to the morgue. ,

By Thursday evening, Hernando
County homicide investigators had
identified one of the men as Vernon B.
Odom, 27, of Clarksdale, Mississippi,
and the woman as 23-year-old Frances
Bell Dickey of Batesville, Mississippi.

According to Hernando Sheriff's
Spokesman John Wolf, “We have an
idea of the other (man’s identity) but
that’s all.”

Wolf added that the victims had been

shot in the head with a .22-caliber

handgun while traveling together from
Pensacola between six and ten days ear-
lier.

On Thursday, Henderson was finally
brought to Palatka to be formally
charged with the murder of Dr. Murray
Ferderber. ;

On Friday, Panola County Missis-
sippi, Deputy Johnny Cooper told
newsmen on Florida’s Gulf Coast that
Vernon Odom was an ex-convict with a
hard-won reputation for being “bad
news.” His girlfriend, Frances Bell
Dickey—who had given birth to the first
of her three daughters when she was
14—hated housework, so she had left
her husband and run off with Odom.

“We tried to keep them apart,” Cooper
said. “She was all right until she got
mixed up with him. He promised her
everything.”

From bits and pieces of information
supplied by Henderson and friends of
his alleged victims, police had deter-
mined that the couple, joined by another
man, hitched to Florida from their
trailer home in Clarksdale. Henderson,
according to Putnam County Sheriff
Pellicer, picked up the trio as they
hitched along U.S. 19 and checked into a
motel with them somewhere in north
Florida.

“They had themselves a sex party,”
Pellicer said. “Then he stayed behind
with the girl while the two men went
out and stole some guns. They planned
to go to Miami, find themselves a rich
man and kill him.”

Their plan never came off because
Henderson purportedly feared that the
others were going to kill him. Sheriff
Pellicer said that he decided to beat
them to the punch. As they drove south
on U.S. 19 in the pickup truck stolen in
West Baton Rouge, Henderson turned

THE FLORIDA TIMES-UNION (Jacksonville)
19 December 1927, page 6.

Thursday,

a ee ne GE —-

‘HENDERSON CASE TO
COME BEFORE BOARD

The Aseociated Press.
TALLAHASSEE, Dec 14-—The State
Board of Pardons met today to con-
pore Rd naa for clemency in the case
of Henderson, scheduled to
die next week in t’.e Floride electric

j chair, but edjourned when thoee wno

were to present che pleas failed to
show up.

After adjournment ‘'t wi announce
thas would ve no quorum ft
ss until aes! Monday, when

w eched@uied to te taken up
agains.

Wenderson, with iBomas Vocsteiio,
wae sertenced to dvstn in Hilleborougn
county for the slay'ng of Antonio Re-

guiere. Ybor City rratsurant proprie-
. Costeila was tiertrocuted yester-
aay.

oo —w o- — @&

TON and DREW (Retired), JJ., and
MELVIN, Circuit Court Judge, concur.

Court Judge, dissent.

“Tt is, therefore, for the above stated
reasons and for those reasons stated in
open court subsequently transcribed and
now attached to these findings, that the
death penalty is imposed.”

The trial judge, in Open court, further de-
scribed in great detail the reasons for im-
Posing the death penalty which he incorpo-

rated by reference in his abovestated find-
ings,

We have listened carefully to oral argu-
ment, examined and considered the record
in light of the assignments of error and
briefs filed, and we have also, pursuant to
Rule 6.16(b), Florida Appellate Rules, re-
viewed the evidence to determine whether
the interests of justice require a new trial,
with the result that we find no reversible
error is made to appear and the evidence
in the record before us does not reveal that
the ends of justice require that a new trial
be awarded. Cf. State v, Dixon, 283 So.2d
1 (Fla.1973) ; Alford v. State, 307 So.2d
433 (Fla.1974); Wilson v. State, 304 So.2d
119 (Fla.1974); Williams v. State, 228

So.2d 377 (Fla.1969), and Reddish v, State,
167 So.2d 858 (Fla.1964),

The jury recommended and the trial]
judge, upon considering all the mitigating
and aggravating circumstances, agreed that
the death penalty be imposed for the com-
mission of this atrocious and_ heinous
crime. We find that the judgment and
sentence of the lower court in this cause is
in accordance with the justice of the cause.

Accordingly, the judgment and sentence
of the trial court are hereby affirmed.

It is so ordered,

432 Fla. 328 SOUTHERN REPORTER, 2d SERIES

THE FLORIDA BAR.
In re Herbert N. CASEBIER,
No. 48548.

Supreme Court of Florida.

March 10, 1976.

Case of Original Jurisdiction,
Herbert N, Casebier, in pro. per.

Michael D. Martin, Lakeland, Bar Coun-
sel, and James P. Hollaway, Asst. Staff
Counsel, for The Florida Bar, respondent. -

PER CURIAM,

This case is here on Petition for Leave es:
to Resign from The Florida Bar filed pur-
Suant to Integration Rule 11,08. The Flor-

ida Bar filed its Response to the petition,
submitting, inter alia:

The disciplinary Proceeding pending
against petitioner concerns his failure to
complete the administration of an estate
despite direct order to do so from the
appropriate probate court. The probate
court has removed petitioner as attorney
of record in the estate proceeding.

With the exception of the above pro- “ae
ceeding there are no disciplinary actions
Pending against the petitioner by The
Florida Bar. Petitioner has not been
disciplined by The Florida. Bar in the
past for any misconduct,

The Court has determined that the Peti-

tion for Leave to Resign from The Florida
Bar be ranted in lieu of disciplinary pro-
ADKINS, C. J, ROBERTS, OVER. pia cg?

ENGLAND, Ja and HENSLEY, Circuit

ceedings and it is, therefore, ordered that
Said resignation be and is effective nunc
Pro tune March 1, 1976,

Costs in the amount of One Hundred
fty-Six Dollars and Thirty-Five cents

STARKE, Fia., See "2x (UPI) - _
_. James Dupree Henry, trenbling and
_ professing innocence, died n the elec-
.. tric chair today for the murer of an 81-
; ar ig man in a robbery... ©

Henry, 34 years old bade his
mothe and girlfriend farew2ll and ate
raw oysters for the first time before he
was put to death in the oek electric
chair moments after a temporary stay
of execution expired at 7 A.M. He was

pronounced dead nine minues later.
o:““My final. words are ‘I am inno-
, cent,’’’ Mr. Henry said before the
‘ death hood was dropped overiiis face.

Mr. Henry was the 25th nan exe-
cuted in the United States sine the Su-
preme Court lifted its ban onthe death
penalty in 1976, and the ninthman exe-
cuted in Florida. Gov. Bob Graham
signed death warrants Wednesday for
two more Florida inmates. «}

“Mr. Henry was to have died ‘Wednes-
day morning, but the United States
Court of Appeals for the llth Circuit
granted him a 24-hour reprieve while it
considered his case. He had a calm
“. visit with his family, including a half-
~ hour alone with his new-found mother,

- ) after the court rejected his appeal.

“He said he was ready” to go either

> way the court told him,” said a State

Correction Department spokesman,

; _ Vernon Bradford. ee

-. Mr. Henry’s final words were barely
» audible to witnesses because the mi-
crophone placed in front of him did not
work. He winked at his attorney, Rich-
ard Jordanby, a public defender.
He was executed for the murder on
arch 24, 1974, of Z.L. Riley, his next
‘door neighbor and an Orlando civil
rights worker. Mr. Riley ‘was found
gagged, tied to a chair and beaten with
a pistol. His throat was slit with a razor

“ but the police said he tp oa on the

£ag. ' “i rae fs
- ‘Mr. Henry, who repeatedly: denied
killing Mr. Riley, began a lite of crime
= he was 15 eoekeme

served. a prison tert for. shooting a
man in the eye. ee j

- Mr. Henry catered a dozen oysters.

with hot sauce and crackers for his last
meal. He had never eaten oysters. He
finished the dozen along with half a

cantaloupe and a glass of grapefruit-

juice but refused an offer of more oys-
ters.

was visited by his mother, Dora Mae
Bradwell of Quincy, Fla., four sisters,
two brothers, Flora Talley of Paterson,
N.J., and his attorney. ~

Mr. Henry, who was shifted from
family to family while growing up, said
he did not know who his real mother
was until a week ago after she read of
his impending execution and contacted
him at the prison. 4

‘In my time of need, she was there,”’
he said in an interview Hrmroyal 4

Late Wednesday night, Mr. Haney:

jlJames Dupree Henry at news con-

: ference on Tuesday.

THE NEW_Y

drK TIMES, FRIDAY, SEPTEMBER 21, 1984

FSSA SS oe

. Florida Execution Stay Granted
- STARKE, Fla., Sept. 18 (AP) — A

Federal appeals court today granted a

temporary stay of execution to James
Henry, a 34-year-old convicted murder-

| er. The court also granted an indefinite

stay to Aubrey Adams, 26, a convicted

| child killer.

. The executions in the electric chair
/were ‘scheduled to _begin at 7 A.M.
‘Wednesday.

In Atlanta, a three-judge panel of the
United States Circuit Court of Appeals
for the lith Circuit gave Mr. Henry a
-reprieve. until 7 A.M. Thursday and
Said it would hear legal arguments at
noon Wednesday. A different panel -

N aHL ;
HL ‘SaWLL IA Ma XO granted Mr..Adam’s stay and said it

p36 02 ya | etre allow extensive legal arguments
; * : yotare making a final ruling. |
Semen rca ig ei gore es $ Gov. Bob Graham had refused re-
Ete uests from the Rev. Jesse Jackson
nd Coretta Scott King, the civil rights
Ctivists, to grant clemency for Mr.
Rinse * a enry, who is black. In a letter to the
haps ; , Governor, Mrs. Scott King argued that
: . | _ the conviction was racially motivated.
“‘The message that there would be no
clemency was very Clear,’’ said Steve
Hull, press secretary for the Governor.

anaes avasan

mh ee ea 1

a
ik

an §8l-

xar-old black civil rights leader.

peals for the
| was. con-

nited States Court. of Ap
ng of James Henry for the 1974

aying of a civil rights leader.

Mr. Henry’s lawyers immediately .
yught a reprieve from the United

tates Supreme Court. The appeals
jurt decided today to allow a 24-hour

ourt Clears Way )
‘or Florida Execution:

yurt said it would issue an opinion in

iid Vernon Bradford, a Department of
orrections spokesman. The death
‘arrant expires at noon Thursday.
xpire at 7 A.M. Thursday. The appeals ~
1e case tonight.

»prieve it had granted Mr. Henry to

ith Circuit in Atlanta cleared the way -.
day for the execution Thursday -
The execution was set for 7 A.M.,

STARKE, Fla., Sept. 19 (AP) — The

Mr. Henry, 34 years old
cted of killing Zellie Riley,

iorni

&
¢

e) on September 20, 198.
HENRY, Yames Dupree, black, 3, electrocuted Florida (Orang )

FHS UN Are sad Gente hat yc gy

bd |

2 Thursday, September 20,

Leas Ay

1h aS,

7th person
executed _
in Florida

STARKE, Fla. (AP) — James
Henry, who denied killing an 81-
year-old civil rights leader, died
in the Florida electric chair to-
day, the seventh person executed
in the state this year.

Henry, 34, electrocuted minutes
after a court-imposed Stay ex-
pired, was the ninth person ex-
ecuted in Florida since 1976 and
the second this month. Twenty-
five people have been executed
nationwide since the U.S.
Supreme Court reinstated the
death penalty in 1976. ‘

The execution was Carried out
despite pleas from national civil
rights leaders that the inniate be
Spared. | :

About 30 demonstrators — a
few supporting capital punish- |

. ment — held vigils in a pasture:

across the street from Florida
State Prison as a black-hooded
executioner put Henry to death
with 2,000 volts of electricity ad-
ministered over 60 seconds.

He was pronounced dead at 7:09
a.m., four minutes after the elec-
tricity was turned off.

fs tnbtsenhs Rae

1984 THE TUSCALOOSA NEWS

, Killer of 81-year-old civil rights _
“ leader electrocuted in Florida

The Supreme Court on Wednes-

day turned down Henry’s appeal open oe un

in a 7-2 decision. But the court
prevented the first double execu-
tion in the nation in 19 years when
it rejected 8-1 a request by state
Officials to electrocute convicted
child-killer Aubrey Adams today.

Henry was under his second
death warrant for the March 24,
1974, murder of Zellie Riley of Or-
lando. Riley suffocated while

gagged during a robbery that |

netted $64 cash and credit cards.
In addition, he was beated and his
throat cut. ‘

“penalty in 1976;

STARKE, Fla. (AP) — James Henry,

_ who denied killing an 81-year-old civil

rights leader, died in the Florida elec-
tric chair today, the seventh person

_ executed in the state this year.
Henry, 34, was the ninth person exe-

cuted in Florida since 1976, the second
this month. Twenty-five people have

“been executed nationwide Since the U.S.

Supreme Court reinstated the death

Henry was put to death at Florida
State Prison with 2,000 volts ‘of elec- .

‘tricity administered over 60 seconds,

He was pronounced dead at 7:09 a.m.;

-- four minutes after the electricity was
‘turned off. . ;

The Supreme Court Wednesday
turned down Henry’s appeal in a 7-2
decision. The court prevented the first
double execution in

«nae

Saree

RES

fle nation .in. 19.,.
‘years when it rejected 8-1 a request by _

State otticials to electrocute convicted
child-killer Aubrey Adams today.

Henry was under his second death
warrant for the March 24, 1974, mur-
der of Zellie Riley of Orlando.

Henry maintained his innocence, but
apologized to the dead man’s family.
“Most of all I would like them to
know — and this is not an admission of
anything — that I’m sorry for their

' grief,” he said Tuesday. “I know that’s

not a whole lot but it’s from my heart.”

Henry, who said that he believes in
God and life after death, was visited
Wednesday night by a girlfriend and

. family members.

. Gov. Bob Graham, who has Signed 88
death warrants since he took office in
January 1979, refused clemency, saying
that the best way to deal with “homi.
cidal, vicious people is to erect the
sings possible deterrent” in the

“form of the death penalty

LON WR No

i & se Hipxcw

Henry
On Wednesday, Graham Signed a
second death warrant for convicted.

killer Charles Foster
execution order for

and also signed an
another murderer,

Frank Smith Jr. Both executions were

ci for 7 a.m. on Oct. 16.
TONE UP YOUR DATSUN Fo

Pots ond Labor thry Sept. 28. Di

we -The Birmingham News. Thurs., Sept. 20, 1984

R FALL only $9.95 including
ixie Datsun Bess. Super Hwy.

een

Mice oe
: mingham Post-Herald -
: | oe Saturday, Sept. 22, 1984

“Man gets life for role in slaying

et aR E

ke ty

“a 4 Sie Se RE, 6}
oA ot f By Grace ondi e I i a al 3 ; ‘ ’ “ y .
4 Yd tack toiite are Ch. er overwhelming that (Kinder) deserved the there’s been no ion i i ;
‘ Pita Rafe oe ¥ ; question in our mind that
r x 4 ‘ ‘ ; - ‘ rae ; sap Post-Herald Reporter a severest unishment, but not death.” * ” , 4
G oy. ee A Jefferson County judge sentenced % ee Kinder was the catalyst.

: convicted murderer Richard David Defense witnesses at yesterday’s sen- Kinder testified it was he wlio searched

Kinder to life in prison without parole “ tencing hearing included psychologists

: , } B hes J Leonard

yesterday in what one side called a sign who said Kinder, 18, has a passive person- before oe Si rot ve Piatto
of courage and the other a miscarriage of ality and low self-esteem. They said he responsible for placing them in the trunk

justice.» would be apt to follow someone he viewed — of the ca ifepoi
“Circuit Judge James Hard chose not to as better than himself. may ah pate trial indicated
follow a jury's 10-2 recommendation that — Jaffe had argued at Kinder’s June trial . Kinder told Duren, “Hurry up, let’s £0 ie

Kinder receive the death penalty for the that Kinder acted under the influence of
murder of Huffman High School student another man, David Ray Duren, when he Pe etel i OE capers
Nancy Kathleen Bedsole. A eye helped kidnap the Huffman girl and her — shots with those words .

_ Tt is the first time in. more than two _ boyfriend. Kinder later tied the couple —- Hard asked the Bedsoles into his office
years that a Jefferson County judge has together on al isolated Trussville road, before returning his decision yesterda
iS eee | gone against ‘a jury's recommendation in where Duren shot them. . &..4 Bedsole said the jud e S coekind ther st

Wat ctw at Se ia scape Ne also Hard's first. < eRindes, jem he did ng a Duren. his ruling. 2 i ee
greene S Pa vugder ‘sentencing. In the on Splanned to shoot the couple netheard ‘ate told I Sia
Ber Ta ts a i) other capital case Hard vs heard, i ‘e Rertid | 9] know Led cate Ba nid heat

_ other ¢ ‘gunshots. And he said he did nof know ti : “ 3 had
victim’s family did not seek the death Miss Bedsole had been killed until sher- A obly foe sk ” poanet ie ar He |

eee fron ae ies Pi penalty. eet ie! , wi iff’s deputies told him. ify 4 4 } ’ bps
oe ae SARIS OTIS Seieys nabs i 1 think this is a miscarriage of jus- Miss Bedsole, 16, died ofa single gun- ce him we'd never forget him.
RF reeees : Maen tice,” District Attorney John DeCarlo told shot wound to the back of the head. Her Miss Bedsole’s sister, Susan Bedsole 14

Hard. “I think you've misapplied the facts boyfriend, Charles: “Chuck” Leonard Jr., left the courtroom when her parents told

g, hip and chest, but her of Hard’s ruling. Hes
Be iste! 2 Sentencings in capital murder cases pit

a x ; of this case and I think you've misapplied was wounded in the le
the purpose of the law.”---- survived. iP
wed Phe - Bhi “ mitigating circumstances, which support

Si me er oede Jaffe, how- Leonard was the state’s main witness at. a life sentence, against : eravaiinig Ch

, disagreed. I've never seen more both trials, identifying Kinder and Duren cumstances, which might call for a death
ate in my lifetime than shown by as his assailants. The youth, 17 at the time - verdict.

i + ge ard. The pressure is just incredi- of ee oe has since moved to Wash- Hard said that, in his opinion mitigat-
A y ble. : hae - ington and was not at yesterday's hearing. _ ing factors were strongest in Kinder’s
eae | dere oo of aassaany to a circuit judge- i. Pa: | "ease. This included Kinder’s age at the
1 PEt ond in _ He replaced Judge Charles Duren, 22, was sentenced to death last . time of the crime — 17 — and the fact

re who chose to move to Family Court _ Friday by Circuit Judge James Garrett. ‘that he had no significant criminal history
after being publicly criticized for not fol- © At his trial, Duren said he had meant to” © and acted as an accomplice, not as the
lowing jury recommendations for death _ kill Leonard, not Miss Bedsole, when he» triggerman. ~ abigus

i s- Of eight necessary aggravating circum-

Kes a Pa ae re: Ciaele eees a gerne: zi : ge a ono the couple. A LOR

att, a SR ad Hard wou no _comment on his deci- iss Bedsole’s famil expressed i inder’
se Ts ‘ eaamen: sion, but Jaffe praised the judge for plac- ' disappointment at Hard’s Nhecisions Het garg ony one pple tes Meath

Oem eae ing judicial obligations above other fac- father, Dr. Anthony Bedsole, said he was occurred during kidnapping and robber
A Rich ace tors involved. “He refused to let politics “sick” Kinder was allowed to live. : y%“Kathy Bedsole was needless] aks

: med se ie overshadow his duty to follow thelaw. = It’s just that, from day one, after talk- ° down by a merciless, re tilign kill
; ; vot ve always thought the death penalty ing to Chuck and the investigators, before named Duren While Duren so ri hly
» - is designed to fit not only the act, but the we ever Saw them (Duren and Kinder), * deserves the death penalty, Kinder Hepes

person. In this case, the evidence was before we ever even knew the names, . judgment, does not,” Hard said

*
ue :
pul a uuiue eves ~~ wom 2 ae

eaten haa Se

St iaeauadi

A oswevebeiew ty
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\ Alaven— aii Gea tias i ean

Judge rejects death recommendation Raewerr oe rreeeres

‘| BIRMINGHAM (AP) — A Jefferson County circuit judge who
‘| rejected a jury’s recommendation of a death sentence for a con-
victed killer said he did so partly because of the defendant’s young

«ones

age.

Circuit Judge James Hard sentenced Richard David Kinder, 18,
Friday to life in prison without parole for his role in the 1983 murder
of 16-year-old Nancy Kathleen Bedsole. The jury had recommended
the death penalty on the capital murder conviction.

Hard said he rejected the death penalty pecause of Kinder’s
young age, his insignificant criminal record and his accomplice role
in the killing. 4 ay ;

“Kathy Bedsole was needlessly gunned down by 4 merciless,
reptilian killer named (David Ray) Duren,” Hard said. “While
Duren so richly deserves the death penalty, Kinder, in my judg-
ment, does not.”’

é But District Attorney John DeCarlo, who prosecuted the case,

A ‘ called the sentence a “miscarriage of justice.”

Bis DeCarlo told Hard. “J think you’ve misapplied the facts of this
wo case and I think you’ve misapplied the purpose of the law.”’

Miss Bedsole’s family also expressed bitter disappointment at the
fais : “ sentencing. Her father, Dr. Anthony Bedsole, said he was “sick”
spa ale reece: take Sete. SoReeed areas ‘ Kinder was allowed to live. ‘ 15

Bee eth jaded aah Oat sitter Defense attorney Richard Jaffe congratulated the judge, saying:
ten Ego ae “Pye never seen more courage in my lifetime than shown by Judge
. e Hard. The pressure is just incredible. He refused to let politics

overshadow his duty to follow the low "” st

‘

: q mr
Lali amea mews d ets 3

* g t *
2 ; F

i tn tly

CHARLIE Hen person

most /0/8 2 : |

' Moevee*

1938

Llo ITEMS VN Sacer)

Sentenced Moxch, 17, 1938

ck, 34, elect. Fla. (Orange) on October 6, 191, —

Floena

STATE

OFFENDER:

NAME: {clwaed
RACE :

SEX: A
OFFENSE:

DATE EXECUTED:
counTY: Davel
AGE:

AGE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND

INFORMATION:

DATE CRIME
COMMITTED:

DATE OF
SENTENCING:

DAY OF WEEK
EXECUTED:

OFFENDER
REST DENCY :

MEDIA ACCOUNT
OF CRIWE:

It¢ teson

Oo,

i
t

INVENTORY #
SOURCE OF DOCUMENTATION

(TITLE, DATE & PAGE#)

he Sheed LTA¢
RE 7 ppF~TZ.

The Florida Times-Union (Jacksonville), Thursday, July 7, 1898,

page 6.

HEINSON HANGED.

PAID THE DMATU PENALTY AT THE
COUNTY JAE YESTER DAQ.
Large Number of People Witneuned

the Fxrecution, Imclauding the
Contlemned Man's Viettens.

Mitward PWelnson, a young negro, woe
hanged at the yard of the county fall
Yesterday morning, havingg been convicted
ut the spring term of the Clreult Court
of criminal assnanuit on Mies Ida -Batley,
co young white girl, mged UU years, living
Whout elght miles in the country, The
crime occurred on) Monday, April i, 1898,

Contrary to the usual custom, the exe-
cULOon Was witnessed ly a darge number
of people, many of them being soldfers,
Who clamored for admittance, ond tt was
rally granted. The crowd Med the en-
thee Jal yard,

Itarly in the morning Stster Mary Ann
brought the doomed negro oa bountiful

‘brenk frame; - which—-he—-rte-with apparent

relist. She alse provided nim with wi new
wt t Of Dlack Clothes anda puede of silppretn,
Mather Rurry of the Cathowe Chureh art.
erward arrived, follawed by lather Ken-
ney, ane both remaatued with laen all che
trap was sprig, ,

Jtelling effect by the crowd retreating.

After reuching the caltows, he wits
“given, hil oppoftunity to muke a atute-
SMenUAand mats “Tt want to snyow’ tow
words.. [ium perfectly Willing to feet
my God, ans Tf aum innocent of the crime
for which Lam ty hang to-day, My soul
Is Hived, and Toum= free of all my sins,
Tewant yeu, one and ull, to Peay for me,
White and black. to am Innucent of the
crime, but, as tt haw all Kone so far, 1
um perfectly —owillingg to hang, for 1!

haven't got a bit of presudlee against no
one ata TO hope there nin’: anyone
ithe yard What has prayed against: me,
taunt Kolng COT WIT OTe OTT RET OTTO
That's all ['’ve Key lorny. Urny for me,
and Tohope you wll all meet me up yon-
der in heaven,”

The trup was sprung nt TS, and ft wis
Nfteon minutes Inter when tHetnson wae!
pronounced déid.” Deatn wax cnnsed hy
palringulition and parting Clalocution, the
neck not belng broken, .

The very moment that the body dropped,
there ‘wus no holding buck of the—mnasx
of humanity that xwayed forward, but: In
n few Moments ull were held in check vy
tho police, onv of whom remarked:.

“Gentlemon, Keep tuck, you are In the
Presence of death. One -woutd think br
your voctfons that you were- weeing an ox
killed.” Tho -remurk was followed with

ss.

The jury consisted of T.. Q. Pigntollo,
Clem Decker, L. D. Howell, 8. C. Taylor,
Willlanr Welt, Hurry Free, - Robert J.
Jendrick, J. BK. Sullivan, J. Hf. Gardner,
W. A. Townsend, and W. Macomber.

—

The hody_ was afterward turned over to
Undertaker” Clit” rar mirint——fe—far aa
LKknown, the deceased had neither friends |
nor relatives here, 0 © 77
-1An unusual feature of tho hanging was
the presence of Mixs Balley, who wan de-
termined to witness the execution of her
seenilant, déaplte the efforts ‘of Sherif?
Broward to get her not,to do so. She war!
accompanied by Mr. Scull, a relative and
county convict guard,

__A_requent was recetved by Sheriff Brow-

wtnted thut she had witnessed executions
In many foreign countries, and doslred ta
sco a hanging. The requeat was refused.

— ce

ned - from undther” young -woman,—- who +

MEDIA ACCOUNT
OF TRIAL:

MEDIA ACCOUNT
OF EXECUTION:

EXECUTION

METHOD: (4a oO] -

STAYS OF
EXECUTION:

EXECUTIONER:

WITNESSES:

RITUALS:

LAST WORDS:

OTHER INFORMATION:

TIME OF
EXECUTION:

Ail
Pi

: | ahs/os38 : | ; 3
‘State vs. John Bonnett _ Iudictea € joked ale ty Cha re
ped Ta < r Man he
eS ur th, a Courk finds gos Orbs 4 wt t7e.
(D Sayel no tia )

Jennings - ext Dyree - Sass Penance
Jal Deg. ~Dithe

Marder” wudistiwact. Court frond xfer
Wr. Dito Adeice

As PW. FeeemaAn
Foreman

Fated in Open Comb 3/17/1938

ae eudrered on abo: "Neb on decked /.

. CkoeR - 3/22/1938 -
| fe fepreseating Noh, Bounitt-
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he accompbee, ao
Wikracaen. ne ciate ree

CC ASE* 018 ]
4 Ceut Cort, GH EF Oocuck of dhs SLé of 4iorda. fon Crange C,
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Cheche Hewverson, Sack HARVEY, Ges Me lE0b, Sahin r, “amos 4 Kober

J tumines late of Orange 6. ; /a borers on /9 San. 19-58. w/t, foree $ amo,
Un Orange G. Crime of robbery of RM Sta, ¢ Karte Hiwocasow . with

4 Certain Shot gun € plece of tron Pipe.» Upon Yhe. heg of FH San, Ay

One Mortel Weard € Hy said PH Sm Hk hen v 4hcre Aied on the 25h ha,
Cf Vanuary AD/938 ... [ace afreraca did Kill tke Sacd...J
/

€.M. Gay Clecke.
STATE Me wWesses-:

Mrs. RM Sorta AR Doaarus George benef? George (rez ps

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Chives bones Wille Paerte Sr. ft. Brice 4.5. Aose

H.® Lovecc KP Hottoway Reuben Fitey Matte lr 7ew Ete

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Charla Heuderren At racgned. V71938 flak "Sep Jute,

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Yhe Sapiermeyr

Sher Pf Frank Karel - uerememmed Freecipe for Winer, Sheen he
9:30 AM. Thre. 3/17/1939

WituvenwAc or reas of vNot Goel fey of Norwen J He Cloud (sic)
(siqned by X), S/o [1832

Oroer Siqned 3/u/3%, bq Cirenit Judge Peck lh Smirt, ty allow

above.

Motion -— Joe Arcreman, Mh. , apporrtic by Court, bp represent
Mobert Jennies, uselveut, wi shen Order ts pay
for here leqas S@rneree,. -

- Ovveg - Ce iad 3/6/38 en moter of Robert lL, Hevees, Court
Opp - * represent defeudaut Sohn Benrett. Tk,
Heabimeny to be Guren in the Ceead 9 Charbi
Neudiom, which Couck be ued agacnet Len nit
Ahautd he Impounded... Tinpocud meut—
Opprcved ; Odin aned Secdge Smt. 37/3?

Motion ToQoask _ by Edward 2 Goerne, EL, - fo Karey 1 McClov (Kc)
| let thaw [2th Counts. Fite Wo/sy

Ponecure ror or. Svar. - fer 7-30 A.M. Yves, Iis/s9 : ke Le Frewey,
Norveg | Nc Crove, Bennett - Jenneng 5.

for 9:30 Am Thars., 37/38: Pres oust, Ninel
(pt) ple RQ Tyee t J.B. forwner.,
for Ys/39 fo FL. Joven 6 Aw:

, Subpoenas — for cae Named

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: Hogan. C4. Mather Noga ay 319/19 38,

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¥Y>r/%

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EXCEPTIOWs LHR SETICE MENT 2: He) ‘
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ORDER oF NSoLvene y - April 12, 1/93.
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=Ehones ail Cin, Shh 7 Ke. - Flue Ye/ 4

QO cp. (4%.
MANDATE FRom SuPReme Cr — mpler 0. 39/- Uphos a es

LOIN

LLOWIN g

vy
ut

Neat LS,

bl, elec. FL (Orange) Oct. 6, 1941
THE FLORIDA TIMES-UNION (Jacksonville)
Tuesday, 7 October 1941, page 7.

-_-=-

Buy
general law, re-

ie hoger e ¥ ;

y, |... The. Btate ta understood) to be} /-

0) who is
“playing |

s 4

preésed «@
bassador 3ie
children, ‘tie

= 'GREEN Se
WAGE:

‘
By The U
WASHIN °
Mam Green! of
eration of bor
, his support ‘
re ; velt’s ent ¢
»? Break Is Claim Ko Jegtalapion
By The Assdcisted Press Congress ag a }
‘TAMPA—A five per cent increase | committee prepardyas
in freight rates on citrus frui(s, al-| pated | maximum fom
lowed. recently by. the Interstate | mum-wage bil, [ee
Commerce Comtpission, .will give} Green's action Gee
Florida a greater competitive ad-j other ederation e
A vaniage * Over” » Ly” BL} Bpeas Bs eanséren
, | Audis, trafic magazér of the Pior-/ velt. He gid that
ide Citrus Exchaage, said here yes-| dent wete in| subse
terday.: , on what the méas
. The advantage,’ Aulls said, comes | and that he had pie
from the fact that California al- zation’s coperatic
ready pays more than Florida and
a five cent increase on. the | **8®. :
Califo: rate amounts to more| A few hours late
than a similar boost on Florida | ert Ramspeck) (D-

rates.
California now pays a fist rate of Seeiaan inca te

GREET

i ,
seaartl f

abraded

ane-hour / feature...
The ‘Terror has |
| Nation's |

|. 2Re opener pits
ound} Canada, against Pat r
ers, & Newcomer hefe, is.
footer ‘sca 220. -
in. his
as a find

Genevieve
5.000 dam-

(Daee f
Mb O

rival home his wit
and went to bed.

weh for

on his a
‘stripped

*T undressed and sat o

regard the tes-
four “with “great | in-ls
the = court: would
caution in. charging nameers n was
ig. the testimony » Hendehe
to} der crosg
street

r som

e: questions, ci
@ fairly. siraight: ine

abou: # }

the (fatal

mity and! ac-
they. had “accpm-

ne claim! to |

«The ddfense wi

Whle plenty.

poe r ie

ARTS)

Nag iyi

Qxstded oasley

PLUS)
a Se

ad ai
Yee eda’

A
r

i
iN
a

yan |
iw “et

Jafter Jack had

° ogpnings& oO Ci ted
o{teally all of¢ the. testimony

4% Bhelts
Yor the:
hyyalityin:
re Z
la

was the latest: to announce

oie

‘race and payment of <h
fee: Jaat week: set at
ry withdraw.
tleax:-opposl

ported
and | were. both vecalgrlaie

Deal dlessin

4 Then’ Charlie tol
| would
“flo, 80%

; oerpli ek isomer and aided BY oid home in New York City for Intery

man when C

YT: never’ slowed up until

before was because’ I.

Charlie would kill. me like: he said
he would if J said he was the one
what hit Mrremiiee Anyway Tam

by) McCloud, told about the same

me (story and then signed his own atate~
“;ment to State’ Attorney Overstreet.

“-*Charile.and Thad planned the
robbery for: a long time, four: o

eut to where Mr. Smith lived near
Winter Park several’ times and

car and: told

{1 thought: ¢

*T-didn't know: they -had got the
money amtil: we got back. to town.
me that, the law

che took me ‘to Sanford. and
bought me adicket for Atlanta and

Geraci

vats t |
Ea partetpa
2 A

worked at the
. and Jennings admit.
t in the ryan
t they: we ided. by
biack. | da Albert “Burnett, alias
Keble. Barnett, who was nacused of
riving the. truck which

was hauled away,
_McCioud 3 i ms ia

shot him. J started} #%
drunnin’. when Chaylie:hit him andj. §

atarted barkin'-and then I turned in}
tire con and ‘on. back

we got out and waited for:

ic, | ted that he ‘couldn? count...

tmetf 1 stayed in Orlan-'

qi Valley Stream, Long Isiand. N. Y

A sObeeing |S

Z e # Saas

Ga., Tarpon Springs, Clearwater, St

“-& GOVERNOR'S. ENVOY: One of the m
aboard Wisconsin's Good Will Train which
East, Feb, 24 to Mar. 9, will be Miss Alice B
ween. A 4-H Club girl from Edmund, Wis, jAlice was overjoved when ‘of da
Pe er his jofficial Good Will-Envoy. | pring
of agricultural prada ts lies
She} cold.
cheese to: train visitors. | }
is, Kentucky, Tennessee, } sans
‘irginia, Maryland, Wash- | excey
Stops will be made inj home
tanooga, Tenn, Atlanta, ) nated
. Peter gc. Tampa, Lakeland. Or--
Jando, Miami, St. Augustine, and Ti \ Savannah, Ga., Rich-

sovernor Philip F. LaFollette named. h
Her special mission will be to present. baske
to governors of various states and other dign
‘| will also assist in giving samples~of Wiscon
d Included. in the itinerary of the train are Il

Georgia, Florida, North: and South Carolina,
-prac.| ston. D. C., Pennsylvania, Ohio, and Indi

gned Chicago, Evansville, Ind.,: Nashville

J mond. Va. Washington, D, C., Baltimore,
rd Pittsburg, Pa.; Columbus, Ohlo, and Fo

‘enthusiastic passengers |
to tour the’ South and

er, 17, Wisconsin's. dairy |

ries of cities’ visited.

and (

.. Philadelphia, Harrisburg

ry meet

flve weeks maybe, and he took. me” 'Bumett when the black was brought |

before them,.but Burnett denied any!
connection with: the robbery, claim->

we had.

“Asked by a reporter if he didn’t.
know he was being given the run-5
Faround inthe rabbertes, he admit-'

Seoesessessssnseapevessese

Obituaries +

MRS: MARTHA’ TYLER

sees,

‘Green Cove Springs died Sunday night
after @ ingering iltness at the home.
-at.-nepolater,-hsa..Szed. Terry, 20. Weat.
South Street tn Orlando, - |

Residea” Mra. Terfry, the “deceased |
eaves’ sister. Mrs Bracey, sn Arizona”
nterment to be in Green Cove Springs. |

MRS. ESTHER BELLOWS

home tn Pine Castle Sunday afternoon |
after several months tineas, :
Mra. Bellows hag wen a reaident of
Orange County for the.past 30 years:
and hae many ftrienda here. ay a‘
“She is aurvived bY one aon, Charles |
J Me Bellows, of: New © Rochelle, NY. ;
and two ‘sisters: Mra. Florence Recker.
of Orlanda. and Mra. Geo. Kubtker of |

“The remains were forwarded to the:

mont. Carey. Hand
rangemen Rage

MRS. ALtC

in charge of @

ARDARY.

Mre. lice. Ardaty, 8&3. died (Sunday ws

fternoon at her home on: We Conch
fitn

t ae
diay oe onde

Pternbon

POM ra Maria EO Mount diad

, Mra. Martha Tyler, 84) 8 resident of”

Mrs. Rather. Reflows. 70, died at her.

Mer, 295 KF Robidson Avenue

Wayne, Iad.)<:

kel wh diad Friday were held yester={.

day atiernoon. with >the Rew «Lindsay
MoNairfandthe Rev. Willtam DuMond
officiating’: Interment was in. Green-
wood | metery es se EE aR one sae
4AMISS VERA 3. OWEN -
al eersices for Miss Vera:
vere heid at 6 4 c.ok yesterday
Hand: Chapel. witt

ile Jonnaon officiae 4 ©

be sent’ to:

erg few “weeks Lin q
Mrée.. eahose home was int
West La Ohio, -was spending the.

{tea will he held at Carey)
at Z-o'chvek! Tuesday. ale
which the Body. will. be
sony to'¥ Lafette for interment.
ina, Severe ie Ge sea eens ‘
4 > ee . ae ¥ i mts
“MRSS MARTA’ EF. MOUNT *
at the.
heme Of her daughter Mis LD. Puller
in Winter Park “Sunday evening :
oMrs Mountoeime to Florida a short
time aco to make cher tome Bnet
durivet dbeoher, daughter. Mra obo D
Fuster of Winter Park and one aon, Wo.
H: Mount of Queens Vilage, Long Is
jand. : : Fane a: i bad
“ Paneral services will he held at Carey
‘Hand Chapel 4:39 o'clock Tuesday af-
ternoon... Reverend J. Ho Hanger and
Reverend Hart Palersoffictatingy

oo MRS L. Re MITCHELE
Mra. Th Ro Mitchell died “auddenty >
yesterday afternoon In the home 6% ner
brother. Dro C. AS Rueh of Yoration.
‘Ateenerontine te information received +
here inst, might ee '

Surviving are a daughter. Miss Anme
Do oMttchell of ‘Orlando, four. sisters
Mrs Mare Morris. and Mra Octavia
Holt af Ortagde, Mra. Fiten Strudieat
uy Se oma
at) Coringten, Gas and the’ brother.
Dre Rush ap :

Funeral services prodabiy wil! de held |

tomorre®, oe

“MIR. A, G.GRAHAM=)

Mr Andrew GQ. Graham. 78. of Ald: :

hua, Med Mondac affernoan at e
home. of hie daughter. Ma. C oH 8 a

Mr ra-
ham je aurelcad by two daughters Ms
Butler, and Mra” Estetia Gold of Brook-

and three sons W Gras’

Viveg Wil. be hAd at Carey
Oe’ einck Mueeday aft:
| Biwargs. officiating: |
Peeeemavamaaned nates ms

a. and Mra ROT. Lester:

" ; 1901.”
HENDE: L30N, Joseph, black,- 17, hanged Brevard Co., FL 5/2 9
4 - be -

nr.

- =

fa in’ ‘ IeadraatUabeai Meads
16 “Found with. Skull: Crushed: Ia, ao]

‘and several - negroes, were Arrested,’ but

| eldeq: that: the” man was killed about 2

i murder. “While-segre ho wis belng” made

Lwere™found. Five -dollars. tg; was found’ on

any

BATES be sh (
Re

" Hy, a a

' ° iw eV wm chloe 4! : :
paerticimqnmmne iin Pewee MBS | fe a

“east mee

end. Confessed” ta the “Crime.
in the Titusvine : dail:

i¢ |
® ,

" Coton, Jan. 2A thet of évatuelent
ran—through._thla_community.. Monday.
afternoon, when Peter. Wright, a Negro,
Uying* near Cocoa, cumg in ‘and ‘sald a
man ‘had been _murdered ‘on the Toad ba-

itween-. the- lee Wactory-and-his-home,—An .

Investigation ‘qwa's . made, and: the man

‘| proved -(o--be-an. umbrella. ender named. :

Burke, who’ had been about town for a
day or,two. His. head had been crushed
with an iron coupling pin. © ‘Two ttam pes

were’ proved’ Innocent. An Inquest’ was
held yesterday morning, and. it. was do-

o'clock: In the’ afternoon, , Buspicton fel!
on a! ‘Nogro boy, Joe ‘Henderson, who had
been’ seen “with Burke’ Ags before thé

for him he boldly’ interes ‘the: courtroom.
Ho ‘wis ciaeavehege iy arrested,’ ‘and: hls
baxgare’ ton ed.’ “In @ valied!a‘shirt and.
@—palruot trouser. a ata toad Pt ith blood. |

hig” person, * Presumably ithe. money for)

which the. murdér (wae! committed: tele

tried’ the ¥ pled deg: fratity,: bus kala

‘Was’ iay.pel{-defense,:. ities “taken te

‘Ditugy 620A. a Jaaye mighty ithe: ‘negro:
came ‘ie: fe FORD Georgia® t three. ismonths

axo;: and ‘rétu No! Wwork,t'bi tapent: his

Loca loan about. the: treetay He: ‘ta only

Yee vv as re ? on ay ~ ages Ta qt
wacke: Bay, 17 Years. O14, ‘Arrested

Pe wee bw ivan Diy bt wes

. oe ==

> a 2 2%

The opener pita
Canada, against Pat
ers. @\ Hewcomer here, is @
footer ‘scaling 220 punts and ts
in his early 20’s. He was hailed
as a find tn British Golumbia.

Career Blasted -
Genevieve
15,000 dam-
in Linwood

at Brazen Robbery fi
}. NEW YORK wp je the Fiat-
bush Chamber of Commerce was in

stcre a/few doogs down the
t and escaped with: $70.

t 0 Me pw Sr
ty ay to @ seco men
cherging gtand larceny énd the At-
torney General's off demanded
a “new moral code for Wall Street.”

* HELD AS EMBEZZLER

QUINCY. Il. (INS) Elmer Drum-
mon. 44. an instructor in the Reserve
<j! Officers Training Corps at the Uni-

\wersity of Gecrgia. was arrested here
yesterday by H. R. Baldwin. a mili.
charge of
from the

tary police officer, on

i- | defrauding and embezzling
. ‘War Department. H

i) © (Dial 1230K:

Sat Night
Marek 19

RKLING ENTERTA

a .

{| gave money to Je

the} (Later Jeninin

c iy a her u
her to ride to Sa te

ven him money in Sanford.
usiy three negroes and Jen-
nings had teatified * Henderson

‘Robert was | pretty drunk. I
told him to hide his money in his

“I. finally left for home, x
wife didn't hear me come in. They
arrested. me kept
me in the city ys.
Then I
on a
blank

‘Jennings sald his brother, Clive,
would help. He said’ he
stand to go to the
He said he'd been
before put had ne urned,
g8 admitted that he
had served two years in Georgia
for a ‘sh Scrape. and three
months on ..a © liquor violation
charge.) ite Lone
“I didn’t kill Smitty and I dont
know nothing about it,” Henderson
Fea! under urging from his’ at-
mey. Z 4

abMIfs OLD visrr = /

He admitted to ‘Smitty’s
place in Conway before Christmas
and admitted working for Smitty
six years ago. ‘(Al Dobbins. fath-
er-in-law of the dead man, Monday
told that he identified Henderson
as @ negro he had caught at his
place a week before the killing.)

The testimony and argument con-
tinued from 9 in the mo until
10 minutes past six last night when
Mr. Hogan finally wiped. his heated |
brow for the ’steenth time and |

é t

defense plea up to the head coun-
sel for Henderson, J.’ B. Murrow,
a veteran of thirty years in the
practice of criminal law, ©. -

That was where the court called
@ halt. Judge Frank B. Smith
said, after a conference with coun-
/Sels, that the. remainder of the
arguments: would take at least
three hours and that after this the
jury would have to’ consider the
case. :

So he said that the Yntereats of
justice would be best served ff the
jury went to bed and returned in
the morning for the climax-of the
case.

ROOM WDED
Once’ mo the® courtroom was!

| said that he would Jeave the oun |

‘| crowded and despite the heat and |

the length of the proceedings, few |
left before /the curtain was i
down on the scene for the night: }

And so at 9 o'clock today, Mr. '
Murrow: will open ‘the final act of:
the drama with the last plea of
the defense, Mr. Overstreet will |
follow with his summation’ and
then’ the court’ will charge the.
jury. Finally will come the sus- |
pense. while the twelve good men.
and true sre secretly consider-.
ing the two-and-one-half days of
testimony against the black man |
who is supppsed to have fatally
beaten and robbed Smith on Jan.
19 at Al Dobbins farm in the Con-
Way section. i

As the case against’ Henderson
stands now, the defense must over-
come the testimony ofa host of
witnesses who placed the negro at
the scene of the crime‘and instat
that his movements on: the fatal :
night, and previously, indicate that
he was the brains of the robbery
scheme which ended in & murder

DEFENSE POINTS ‘

But the defense insists that the
only three men who claim to have.
seen Henderson commit the actua!.
; killing are three of: the; four men
| who were originally jointly indicted
| With Henderson for the first degree .
Boyes of the man. ‘ ~
=. ae . 2 °

od | na

nad

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ALLSTATE TIRES are: bac
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LAST 2 DAYSIE

MORNING ‘SENTINEL, OR
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Extra Special

For The

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cent burials, though, he added.

Just south of the Citrus-Hernando
County line, 11 miles north Of Weeki-
Wachee, Henderson directed Usina to
turn left onto a dirt road. About a mile
into the woods, he told the lieutenant to
stop.

ee there they were, in the

and in-
sects; the bodies of two men and a
woman. If they'd been Plotting to kill
Henderson it must have been a pretty
weird plot. Their wrists and ankles were
bound with white adhesive tape. Each
appeared to have been shot in the head
with a small-caliber weapon.

The three Putnam County officers

to Palatka with their Prisoner. They ar-
rived at the jail about 1 1:30 p.m. Hender-
son had only one question as he was
being booked in on the Ferderber murder
charge.

"“Where are the television cameras ?"’
the puzzied suspect asked.

Dorothy Wilkinson's body was ex.-
humed under a court order, and this time
Sheriff Pellicer had it autopsied by Dr.
Peter Lipkovic, a highly respected Jack-
sonville pathologist who has played ma-
Jor roles in the solving of many bizarre
murder cases. Dr. Lipkovic found a .22-
Caliber bullet lodged in the victim's
head, not the brain but beneath it.

On February 25th the Putnam County
Grand Jury indicted Henderson for the
first degree murders of Mrs. Wilkinson
and Dr. Ferderber. Appointed to defend
him was Assistant Public Defender Ho-
ward Pearl, a smart lawyer and legal
scholar who seems to have a knack for
getting stuck with hopeless cases, sever-
al of which have found their Way into the
Pages of this magazine over the years. In

1978 he represented Jack Howard Potts,
and now he had Robert Dale Henderson,

as | think he may be cragy,’’ Peari said
of his latest prize. . 3

On June 2nd, Pearl and the prosecu-
tor, Assistant State Attorney Don
Holmes, presented their deal to Circuit
Judge Eugene Eastmoore, better known
to national guardsmen as Colonel East-
moore and to criminals as Father Time.
Henderson would Plead guilty to the two
first-degree murder charges in return for
life sentences, each Carrying a manda-
tory minimum of 25 years before parole
eligibility, and the related robbery

charges would be dropped.
72 True Detective

countered
- jury believed that the firs:

OP was the Her-
nando County Jail in Brooksville, where

non Odom, 27, of C] eC, Missis-
Sippi; Frances Bel] Dickey, 23, of Bates-
Ville, Mississippi; and Rober Dawson,
18, of Wese Helena, Arkansas And Pro-

free themselves, after he was safely
gone, and survive, too. .

But they started yelling at him, ridi-
culing him, making fun of him. So he
shot them. He hadn't planned to shoot

moment, impulse thing. That’s' only
second-degree murder, not a Capital

crime.
McCabe that even if the
execution con-
ceivably could have been an unpremedi-
tated, spur of the moment act, what ab-
Out the second and third?

you, too. Boom.’’ At a third juror
McCabe pointed his finger and repeated,
“I’m going to kill you, too. ‘‘Boom.”’

The jury convicted Henderson and re-
commended that he be killed, too.

On November 22, 1982, Circuit Judge
L.R. Huffstetler sentenced Henderson to
die three times in the electric chair. The
judge didn’t explain how that was to be
accomplished, but a relative of one of the
victims volunteered to pull the switch.

That’s NOt the end of the st
e C
course. Henderson still faces vials fc
murders in Ohio, South Carolina, Mis

Valdosta, Georgia.

_ And you know what? So far, not a
Single movie Producer has offered
Robert Dale Henderson a dime for his .
story. The Poor guy could end up getting
ic chair without a

The Freak Raped
And Mutilated

(Continued from page 41)

gin right away while forensics went to
work. And the sooner the better. The
area was becoming a three-ring circus
full of thrill-seekers and media people.

interviewing that first day took
detectives into the later hours of the
evening. Some residents Proved coop-
¢rative, others got. Some information
came easy, some didn't. Either way,
though, detectives couldn’t have been
Prepared for the first lead that came to
them when two young. children, ages
seven and nine, approached them with
information.

The children, building residents,
came to detectives through all the noise
and excitement that night, claiming to
have knowledge of events surrounding
the Francine Elveson murder. Supposed-
ly, at 8:00 that morning, they had wit-

eee sar

Victim’s, —
killer’s kin
cross paths

(From Page A-1)
breaths as he was strapped into the

oak chair. Nearly blind, he stared
forward without blinking.

« Prison Superintendent Everett
Perrin asked if Henderson wanted
to say anything.

~ “No sir, I don’t,” he replied.
“ A hooded executioner then. re-
leased 2,000 volts and 14 amperes

of electricity into electrodes | at- |

tached to Henderson’s head and
right leg.

. Henderson’s body tensed for a

few seconds then sagged. About 30 |

seconds later, smoke rose from his
leg.

. He was the 30th prisoner execut-
ed in Florida and the 199th nation-
wide since the U.S. Supreme Court
allowed states to resume executions
in 1976.

‘Ohio and Mississippi.’ He’ was seh-
_tenced to life in prison in Ohio and

* Henderson, a Wyoming parolee,
died for the fatal shootings of David
Vernon “Odom, 27, of Clarksdale,
Miss.; Robert Lee Dawson, 18, of
West Helena, Ark., and Francis Bell
Dickey, 23, of Batesville, Miss. He
was serving life sentences for the
itnam County slayings of Mrs.
Wilkinson and retired physician
Murray Ferderber, 79.
_While the execution progressed
inside, Ms. Flanders and Ms. Mul-
lins clashed with death penalty op-
ponents across the road. At one
point Ms. Mullins snuffed out can-
dles lit by the opponents, including
one next to Henderson’s sister, Sal-
ly Ann Henthorne.
' “Did he ask how our families are

doing?” Ms. Flanders asked the

protesters

University of Florida sociology
professor Michael Radelet, a death
penalty foe, said he was with Hen-
derson until 5 a.m. Henderson had
visited with six relatives earlier in
the evening Tuesday, then ate a
steak and lobster dinner.

. Radelet said Henderson, a high
school dropout from Missouri,
blamed his crimes on drug and al-
eohol abuse. He said. the inmate
was surprised when the U.S. Su-
preme Court turned down two last-
ditch appeals but was ‘at peace”
when Radelet left.

'“Mr. Henderson expressed re-
Iiorse for his crimes,” Radelet said.
“His heart goes out to the families
of his victims.”’
_Henderson’s other victims include
his wife’s parents and their 11-
year-old son in Ohio, a South Caro-
ina model, a Louisiana nightclub
qwner, and: two other :women.. in

South Carolina.

AB xx The Florida Times-Union, Jacksonville, Thursday, April 22, 1993

— we

ae
~
”

that the bodies would be a short.
Off U.S. 19 in Citrus of Hernando Coun-
ty. Bakker called Capt. Miller again.

‘You've been on the road since four-
thirty this morning,’ Miller said. ‘‘Can
you make it?’* Assured that they could,
Miller decided to send a fresh officer
along as a precaution to do the driving.
“I want Lieutenant Usina to go with
and drive,’’ he said. J

“Okay, Captain,’’ Bakker replied.
“You want us to come on in and Pick
him up?”’

““Hell, no,"’ Miller said. ‘‘There are
so many television people here the place
looks like a movie set."’ He told Bakker
to meet Lt. Paul Usina—one of the rare
north Florida Usinas who aren't named
Bubba—at a certain restaurant on the
western edge of Palatka. Not Walt’s;
another restaurant with a lower profile.

It was a little past four when the trio
crossed the St. Johns River, rode Past the
shenff's office and waiting TV crews at
the western foot of the Memorial Bridge
and continued on through Palatka to the
restaurant. After eating they got back
into the car-with Lt. Usina. Henderson
talked steadily, answering questions
politely, as Usina drove west to the Guif
Coast and headed south on U.S. 19.

The two Putnam County murders were
easy, Henderson said. He said he went to
that mobile home in Satsuma looking for
something to steal. but found that old
doctor home instead. So he said he was
trying to find someone and gave the doc-
tor a fictitious name. The old man got out
a phone book and sat down in a Chair to
look up the name. And Henderson shot
him in the back of the head, took about
$150 from his wallet and left.

At the western wear store in East Palat-
ka, he said, Henderson picked out a pair
of pants and a shirt and handed them to
the clerk. While she was writing a sales
slip he shot her in the left side of the head,
but she didn’t fall. She just slumped over
the cash register, blocking the cash draw-
er. He had to push her to the floar in order
to get the drawer open and talis-the little
bit of money he found in it. Then he got
back into his car, and ‘82 Dodge he had
stolen in South Carolina, and drove north
into Georgia.

The three hitchhikers? Just bums,
Henderson said. A guy and a girl in their
20s, a kid just out of the Navy, heading
for Miami where they planned to find a
mch guy and kill him for his money.
Sounded good to Henderson, so he de-
cided to join them. But after a little party
in the woods, he said, he heard the three
of them plotting to kill him, so he shot
them first. They really ought to have de-

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Victim’s, |
killer’s kin |
cross paths

Man who admitted

dozen deaths executed

By Paul Pinkham
Staff writer

STARKE — A shiny white hearse leaving
Florida State Prison yesterday merning con-
firmed the end of Denise Flanders’ 11-year
wait.

Inside lay the body of Robert Dale Hender-
son, who admitted killing 12 people during a J
1982 robbery spree that spanned five states.
Among them was Ms. Flanders:-mother, Dor-
othy Wilkinson, 50, who was shot while work-
ing at the Lucky H. West-
ern Store in East Palatka.
~ “Here comes __ the
hearse!’ Ms. Flanders
shouted. ‘‘Yes! Yes! Yes!’’

Henderson, 48, died in

the electric chair at 7:10
a.m. yesterday for the
murders of three hitch-
hikers in Hernando
County.
Forty-five minutes later,
Henderson Ms. Flanders spotted the
hearse from a field across
the street where she waited with her sister,
Darlene Mullins.

She ran to get a closer look.

“T've been ready for a long time,” she said.
“The pain will be there for a while, but this
is an end, and we can start a new begin-
ning.”

Earlier, Mrs. Wilkinson’s son Bushell
watched as prison officials led Henderson into
the execution chamber ‘at 7:01 a.m., his final
appeals denied hours earlier by federal judges
in Jacksonville, Atlanta and Washington: Hen-
derson, dressed in gray pants and a white
dress shirt, clenched his jaw and took.deep

(See VICTIM'S, Page A-8)

128th Year — Number 11

FLORIDA EDITION

JACKSONVILLE, FLORIDA, THURSDAY, APRIL 22, 1993

eae Sen 4lzl sa al IYA

‘ Poy retorts NGS TTT a Maen An Se ome pists

Vengeance is is ours”

_} Revenge can be like greatness — some seek ity.

some must have it thrust upon them.

' Take the case of Thursday’s execution of James
’ Henry. Electrocutions are commonly thought to
ease the anguish felt by relatives and friends of
those who have been brutally murdered. ‘‘What

et ci ahom

Sun ~ditawal

And Henry was a perfect candidate for such a di-
version. Consider:

about the victims?” is a common retort flung likea ..

gauntlet at those who persist in believing that
capital punishment is a. mindless, barbaric act of
society that Ls Bidoen epee serves no one and de-
ters not at all.. : i

- But that ee rang S eetiounely: honow fi in the

death of James Henry. Because not even his victims °

wanted to share in the vidal s leowy act of
_ Vengeance. :

mer git ates keane

vIn Florida, Condemned) men are » souietinies

oe. divontched on the heels of a final “God save us all,”
from the governor. But such pious utterings notwith-
-... standing, even some grieving survivors don’t *:
~.. consider such a brutal. state be te gud to be ie

Bee keeping, with God’s will. ..”; pares

j arente wes onared of ie eiavhar of Orlando

civil rights leader Z.L. Riley, who himself was
opposed to the death penalty, and who knew that, in
Florida, the ultimate penalty is reserved almost ex-
’ clusively for the poorest, the most disadvantaged
and the blackest of our offenders. Not surprisingly,

his convictions have been echoed by those he left

behind.

“We do not want it ever to be said that we said go
ahead and kill him, because we do not feel that
way,” Riley’s two surviving neices said in a state-
ment recently. “We are Christians, and we do not

>? feel that is right.”

‘yndeed, before his own death, ‘Riley’ sson,
William, had written to Gov. Bob Graham to say: “If
my father taught me anything about life, it is that
God gives life and only He has the right to take it
away. We suffered as a family when he (Riley) died,
and we ask you not to add to our suffering by killing
James eeren otbiat

Graham’ s response to ‘those pleas seemed crass.
Henry’s body was not even cold before Graham’s
public relations mill had cranked out a release from
the governor dispensing “special sympathy” to Ril-
ey’s family. In offering up Henry’s body, Graham
added the thought: “I trust that this indication of our
resolve to enforce laws designed to protect innocent
lives is the affirmation of our respect for such a
life.”

- Graham’s release probably wasn’t really in-
tended for the benefit of Riley’s family at all, but
more likely for the consumption of that portion of
Florida’s voting public that heartily approves of the
eye-for-an-eye theory of electrical vengeance that
Graham has embraced and wielded as has no other
public official in America.

Henry understood that public thirst for blood as .

well as any man. After Graham signed Henry’s first
warrant in 1979, Henry mused before a group of re-
porters: “I don’t really think the people who say
they are in favor of the death penalty want me
killed. What they want is some diversion from the
problems they and the country are facing.”

Commission in fact. =i ne

; as well for the ts angie of vengeance.

* hassee last week to ‘try and intercede. That’s why:

_ James Henry committed murder in Orlando. But
so did Ed Mason. Henry killed his neighbor duringa
robbery. Mason borrowed a handgun and pumped
five bullets into his wife. Henry is headed for a

: pauper’s grave. Mason got five years — one for =<

bullet. f

The reason? Henry was black. Mason is white. H
Henry was poor. Mason was well off. Henry grew up:
»-on the streets, spending most of his life in and out of;

state institutions. Mason was a dues-paying member'!
of the Club — the chairman of the : tae County

The Club doesn’t kill its own. Henry would do jo just

That Florida’ s death law is racially anne and
capriciously administered there can be no doubt.
That’s why Coretta Scott King, widow of Marin Lu-
ther King Jr., joined with those asking Graham for
mercy toward Henry, writing that “questions of ra-
cial motivation pervade this case.”

That’s why the Rev. Jesse Jackson went to Talla-

black Congressman John Conyers, D-Mich., wrote to
Graham to say: “The diminution of life in any way
on the basis of race is one of the most odious and
regrettable historical legacies of this country, if

" That's why the Orange County NAACP, / de Ril
ey’s own organization, asked Graham to spare
Henry, saying: “Though we mourn our loss, we are
mindful of the inequities that still pervade our
society, including our criminal justice Prone

~system.” iS a a

Researchers have produced volumes of statistics

to support allegations of racial bias. In Florida,

statistically, whites can kill blacks with almost no .
fear of ending up on Death Row. Blacks who kill
whites are much more likely to die for it. Henry -
broke the mold only slightly, since he was a black -
man who died for the killing of another black man. |

Usually, prosecutors, judges and juries.in Florida
simply do not consider the killing of blacks by other
blacks an offense serious enough to merit yi death
penalty.

Henry’s becomes the ninth body to prop up Flori-
da’s well-established reputation as the ‘killingest’
state in the nation. And it is no coincidence, but
rather a natural function of the system, that the
dead include the most illiterate, the poorest, the
most insane and, historically, the most abused of
our offenders.

‘The bodies will continue to accumulate as the
federal courts become less responsive to appeals, as
fewer lawyers volunteer their valuable time on be-

half of doomed men, as the press begins to lose ;

|
|

interest and as the public begins more and more to |

think of the dealing of electrical death as a routine,
clinical, even bloodless bureaucratic act.

MeggeM OFT whos

eRe ~

HEY

RY, James D., black,

re 3h

September 20,198).

Kk, electrocuted Florida SP (Orange County) on

eer SoA? 4 lei (sy

ye tet
pie 9

KEE “4 “

Henry d

«theinPebh had ghee | “ aareaicae : Pepe z ~' Under his own power, Henry was led into the
‘ death chamber by two prison officials, who

Sun staff writer Fe ey ee

- STARKE — Proclaiming his innocence to the-

end, James Dupree Henry was executed Thursday

morning in. Florida’s electric chair for killing an*.

Orlando civil rights leader during a 1974 robbery.

~ With both anti- and pro-death penalty protesters --

i igil- i lorida State Prison, Henry.”
ces pemanaen dead =: ble because a microphone in the death chamber

was ‘pronounced dead at 7:09 a:mi, only minutes
‘after a court-imposed stay expired, °! Ws F224)

> “My final words are I am innocent,” he told the:
47. witnesses..and. prison officials present at the~-

execution...) 3.0481

“ Henry’s appeals ran out Wednesday night when ~

enies his guilt to the end |

’ several times at the witnesses facing him. He also

in Atlanta expired at 7 a.m. 4

strapped him into the electric chair. }

‘+ Henry, 34, appeared to be nervous, and smiled
winked twice. ; hy Hehe : :
Henry’s final words were barely comprehensi-

- had not been turned up. After. Henry said his final i
“words, prison workers placed a strap over his chin:

and mouth and a hooded cap over his head-.. -
He then raised his right hand slightly, formed a

fist and then lowered his shaking hand back onto

the wooden arm of the electric chair. It was the last

both a federal appeals court and the U.S. Supreme...
Court turned down his attorney’s pleas. A 24-hour
stay given by the 11th U.S. Circuit Court of Appeals
bE np oat a 9. aE TP 4 Lone cate tlhe. eat tard aeeeuio :

as, Sodan nag ; "a ba

See HENRY on page 8A

aie

Seis. to Patra ta
Henry
From page LAs:

one

movement he made. re

ity with a black hood, threw a switch and started a cycle of

2,000 volts. As the electricity surged through. Henry’s
~=-<This was the second death warrant Graham hed signed

body, he straightened slightly and clenched his fists.
.. After the electricity was turned off, a prison doctor and
physician’s assistant checked Henry for a pulse and lis-
tened with stethoscopes for a heartbeat. Almost four
minutes after the current was turned on, prison Sgt. Don
Gladish stepped to a microphone and declared that the
.State’s sentence in the case had been carried out.
Protesters gathered in a fenced cow pasture across
from the prison. Many of the anti-death penalty protesters
were visibly shaken by the execution.
A group of protesters from Gainesville said they felt the
death penalty was “ineffective and condoned killing.” .°

“It’s a relic of savagery,” said the Rev. Bob McDermott, ~
who kept a vigil with nine members of the University of,

Florida Catholic Student Center. “I believe (Gov. Bob
Graham) believes he is fulfilling the mandates of the
people of the state of Florida. (But) There isa responsibil-
ity to the substantial minority who are against the death
penalty.”

Anti-death penalty protesters outnumbered death
penalty supporters in the group of nearly 30 people in the
pasture.

“We came out -here to support the people in law en-

‘ forcement,” said Ray Bryan of Lawtey. “We feel that

every time an execution is carried out, a life is saved.”
Henry was convicted of killing 81-year-old Zellie Riley
of Orlando on March 24, 1974. Riley, a black civil rights

ow -: leader and Henry’s neighbor, was found in his home
An executioner, paid $150 cash and cloaked in anonym-~

gagged and tied to a chair. He had been beaten with a
pistol and his throat was slit, but an autopsy revealed he
had strangled on his gag. ;

for Henry. The -first death warrant was stayed by a

' federal court in 1979.

After being told of the court decisions Wednesday night,
Henry spent the night visiting with his family, a friend and
his attorneys, state Department of Corrections spokesman
Vernon Bradford said. A visit with his mother and a
girlfriend from New Jersey ended at 1 a.m., and Henry
rested until 4:30, when he was given his final meal.

Henry ate a dozen raw oysters, with hot sauce and
crackers, half of a canteloupe and drank some grapefruit
juice. Henry had requested oysters because he had never
eaten them. Bradford said Henry liked them.

After having his head and right leg shaved, Henry

waited for his execution and talked with prison Superin-

tendent Richard Dugger. -

Henry was the seventh person to be executed in Florida |

this year, and the ninth since capital punishment was
reinstated in 1976. He was the 25th person executed
nationwide since 1976.

There are 221 inmates remaining on Florida's Death
Row. ri .

‘

Jorreolte ie Glulsy OF

vere

her

Bill Wax/Sun staff photograp

orida State Prison after James
e: Anna Rickli, Eddie Gwaltney

morning at Fl

esters hug each other Thursday
d. From left ar

Death penalty prot
th by electrocution was confirme

Dupree Henry's dea
and Karen Johnson. d

Xe
a ‘
Fel

2 Fay oy we , ad : y . te
tacnry executed for killing Orlando Communi y leader
From Herald Wire Services brought to 25: ‘the. number. of: rights leaderge-i'i 0 rene poeta Rileyysra “respected ” civil “rights
STARKE — Despite -pleas for Prisoners :: executed nationwide’ 1A tight-lipped’. grimace” on: his**leader'in Orlando's black commu-:-cause the microphone Placed in
mercy from civil rights leaders, since~ the’ U.S; Supreme’ Court’ ’" face, Henry appeared to hang back:.. nity..." aan ¢ ast sana ve’ front of -him: didn't work, and his
James Henry was executed in reinstated - the ‘death. penalty in*-’and had: to. be’ tugged into” the .” “My “final words are. I “am small frame was dwarfed by the
Florida's electric chair Thursday (1976000 62 beens . °° \¢ death chamber by guards. <3... -», Innocent,” ’ Henry «said, moments hulking, three-legged oaken chair.
for killing a leader of Oriando’s _ Henry, 34, was pronounced dead. Just before a. dark mask was ' before a black-hooded executioner - He appeared to wink several times ‘
black community in a $64 robbery. nine minutes after his’.'24-hour lowered over: his face, Henry ' delivered a 60-second Surge ..of: at his attorney, Richard Jorandby, -:
“He was the seventh Florida reprieve-expired at. 7'a.m. He ‘was <5 nervously but. firmly , denied vany *,2,000 volts ‘through ‘the prisoner's the Palm . Beach -County.. public.
- inmate electrocuted this year — put to death despite. ‘pleas’ ‘for. :; guilt’in- the March’ 24): 1974,.°" body. 4 rik Tae SERRE ee BR ee Pee Rate ye Snes)
the second this month. His death ‘clemency: s from. natlonal :civil-..: suffocation of: 81-year-old’ Zellie His. final “words; were barely "*' Please turn’to EXECUTION /20A-;;
He

et audible in -the witness: room bes

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HAWKINS, George, black, hanged St. Augustine, Florida, on July 2, 1909,

"George Hawkins and Munch ‘Smoke, charged with the murder of Charles Joseph, the
peddler near Hurd's Station some months ago, were tried this morning (l,-30-1910)

- The evidence was strong against the defendants, especially Hawkins, The details
of this crime were published in full in the TIMES-UNION the day after the murder,
Joseph, a white peddler, was murdered at the home of Hawkins and his body se-
creted in the woods. ‘The body was found rifled of all valuables and blood stains
were traced back to Hawkins' house, The evidence proved conclusively the euilt of
Hawkins and pointed to Munch Smoke as accessory after the act in helping to dispose
of the body, The jury brought in a verdict of murder in the first degree against
Hawkins this afternoon and he was later sentenced by Judge Call to be hanged, dHaw-
kins, who is a mulatto, was cool throughout the trial and evidenced but little
concern to his fate, even when receiving the death sentence, shaking hads with some
friends in a calm and unconcerned manner after @% listening to the words which sealed
his doom, Munch Smoke was sentenced to 5 years in the penitentiary as accessory.
and Rachel Hawkins, the doomed man's #X wife was acquitted," FLORIDA TIMES-UNION,
Jacksonville, Fla., May 1, 1909 (3:5.)

HEINSON, Bdwerd, black, hanged at Jacksonville, Florida, July 6, 1899.

"HEINSON HANGED: PAID TH® DEATH PENALTY AT THE COUNTY JAIL YESTERDAY:
LARGE NUMBER OF PEOPLE WITNESSED THE EXECUTION, INCLUDING THE CON-
DEMNED MAN'S VICTIM: Edward Heinson, a young negro, was hanged atk the
yeard of the county jail yesterday M@RAXKXA¥ morning, having bwen
convicted et the spring term of the Circuit Court of criminal assault
on Miss Ida Bailey, a young white pirl, 4KHWK aged 1h years, living
about 8 miles in the country. The crime occurred on Monday, April
11, 1898. Contrary to the usual custom, the execution was witnessed
by a large number of people, many of them being soldiers, who clamored
for admittance and it was finally granted. The crowd filled the entire
jail yard. Early in the morning Sister Mary Ann brought the doomed
negro as bountiful breakfast, which he ate with apparent relish.
She also provided him with a new suit of black clothes and a pair of
slippers. Father Barry of the Catholic Church afterward arrived,
followed by Father Kenney, and both remained with him till the trap
was sprung. After reachtng the gallows, he was given an opportunity
to make a statement, and ssid: 'I want to say a few words. I am per-
fectly willing to meet my God, as I am innocent of the crime for which I
am to hang today. My soul is saved, and I am free of all my sins. I
want you, one and all, to pray for me, white and black. I 9m innocent
of the crime, but, as it hss all goneso far, I am verfectly willing to
hang, for I haven't got a bit of prejudice sgainst no one at all. I
hope there sin't anyone in this vard what has voraved against me, I
am going to die with 9 clear conscience. That's all I've got to say.
Pray for me, and I hope you will all meet me up yonder in heaven.,'
The trap was sprung at 11:15 and it was fifteen minutes later when
Heinson was pronounced dead, Death was caased by strangulstion and
partiel dislocation, the neck not being broken. The very moment that
the body ropped, there was no holding back of the mass of humahity
that swayed forward, but in a few moments all were held in check by
the police, one of whom remarked: ‘Gentlemen , keep back, You are in
the presence of death. One would think by your actions that you were
seeing an ox killed.' The remark was followed, with telling effect,
by the crowd méetreating. The jury consisted of L. G, Pigniolio,
Clem Decker, L. D. Howell, S. C, Tavlor, William Weitz, Harry Free,
Robert J, Jendrick, J. E, Sullivan, J. H. Gardner, W. A, Towndwnd, and
W. Macomber. The body was afterward turned over to Undertaker Clark
for burial. Sofar as known, the deceased had neither friends nor
relatives here. An unusual feature of the hanging was the presence
of Miss Bailey, who was dtermined to witness the execution of her
assailant, despite the efforts of Sheriff Broward to get her not to
do so, She was accompanied by Mr. Scull, a relative and county con-
vict guard. A request was received by Sheriff Broward from XKK eno-
ther young woman, who stated that she had witnessed MX executions in
many foreign countries, and desired to ®KKKIXK see 5 hanging. the
request was denied,"
FLORIDA TIMES TINION, Jacksonville, Florida, July 7, 1898, at 6.

TLA WALLIN y FEOLP SE : bla CK, Nansea

etna nt lade eee ee ED AEP aS ON

SS a ee tay

|JOSEPH'S MURDBRER :
_ MUST DIE ON GALLOWS

GEORGE HAWKINS SENTENCED
i IN 8T. AUGUSTINE

Munch Smoke, an Accomplice, Sent
to Prison for Vive Yoars—Other
St. Augustine Notes

“
oe

~~ a t ‘i . . .
St.: Anguatine, April 20—The concluding
¢aReg On the docket of the clreuilt court are’
being tried today, and adjournment will
follow after nearly a ‘week of continuous
work In which a targe nuniber of criminal
cases were Mispowed of, ‘4

One of the inost important, ceses on the |
docket so fof as local Intereat went, was
the trial of Gordon Srott, Detter known ag
Bumpeey Scott, colo who killed Mose
Raker last December. The two men’! ied 4
in the BAe holies and had quarrelied
Scott stabbed Raker and afterwards placed
the dead body in a chalp and left for New,
Auguatine, fater "beltig arrssted.- Scott
was charged with murder {n the’ first de-
mzee, but he was convicted gf murder In
the second degree, which paved his life.
Scott was sentenced to life imprisonmen?.
| Gabdriel Collasimo, whe ple gullty to

manh@iaughter for the killing of Mir, Joseph
Liamblas some eighteen years ago, was
given a vory light sentence of one year in
#4 penttentiary,” Thiw Itailan was given a
«
!

t
light sentence fro the fact that he had
already seryed a considerabla time in jal
while awafting (rial, and beside le well-
advanced in yeare, By pleading gullty the
Nalian eay the tine. and expense of a
trial. which probably had some weight In
the light pentenge,

‘GEORGE HAWKINS WILL HANG.

Gearse Hawkins and Munch. Smoke,
charged with the slabs of Charles

APoseph, the Peddler near Hurd's Station,

s0oMe Months ago, were tried this morning.

The evidencu was strong against the de-

‘$endants,..-espectally - Hawkins, The. de«
| taile of this crime were published in fu)!
In the Times-Union the day after the mur-

‘| der, Joseph, a white peddler wag murdered

at the home of Hawkins and his bedy se-
ereted In the woods. The body was found
rifled of all valuables and -b! ntains were

traced back to Hawkins’ house, The evi-
'denca proved Mei ir arias the Nt of

Hawkins, and pointed to Munch 8S oke as
accessury atter the act In helping to dix
pose of the body, : ;

The jury brought In a Verdict of murder
te the first degree against Hawkins this
afternoon, and he*was later sentenced by
Judge Call to he hanged, Hiawking, who
is a mulatto, was cool thréouahoul the
triul and evidenced ‘but .Mttle concern in
hia fate, even when receiving the death
sentenco, ghakidg hands with some friends
In) a calm and unconcerned manner after
istoning to the words which” sealed his

Munch Smoke was sentenced to five years |
In the nitent as accessory, and.
Rachel Hawking, she doomed man's wife
waa acquitted, » ‘

PRonvvem MAM Cab ot |

ad st. Augustine, Fla., on 7-2-1909

Wri

180 SOUTHERN 72

HAYNES, C,arles H., black, hanged, Tampa, Fla., on G—- [— 1916

"(By Associated Press) Tampa, Fla., Septe 25, 1915-Marsha} Hpseph Walker of Por$ Tampa, was
instantly killed; Charles H, Waters, a policeman; Sam Manuel, a negro boy, and Stanlef Price,
a negro, were wounded in a duel on the street at Port Tampa tonight by Charles Haines,

a negro, The duel was between Halimes on one side, and the marshal and citizens on the
other, Haines used a shotgun, Tonight a cordon of heavily armed men is stretched
across the peninsula on which Port Tampa is situated and capture of the negro is be-

lieved to be certain, Walker commenced firing, witnesses say, when the marshal
attempted to take a shotgun, which the negro had been carrying for several days,
Feeling is running high," JOURNAL, Atlanta, Ga., Sept. 25, 1915 (522.)

Tallahassee Democrat Uy. “Aber 75 Ci)

EXECUTION

Man who killed 12 people
dies in the electric chair

Robert Henderson
was convicted of
murdering three
hitchhikers, and had
admitted nine other
Slayings.

By Ron Word
ASSOCIATED PRESS

STARKE
A stoic Robert Dale Henderson,

who admitted to a dozen murders in
a five-state crime spree, died in
Florida’s electric chair Wednesday.

Relatives of one of his victims
said an 1l-year nightmare had end-
ed for their family.

“This is an end. We can start a
new beginning,” said Denise Flan-
ders, whose mother Dorothy Wilkin-
son, 50, was murdered by Hender-
son in 1982.

Henderson,
48, was pro-
nounced dead
at 7:10 a.m.,
five minutes
after a_ black-
hooded. execu-
tioner turned
on a 2,000-volt
switch.

Henderson
was con-
demned for the

Henderson

1982 slayings
of three hitch-
“hikers picked
,up toward the
_end of a 19-day

‘murder spree that started Jan. 14,
1982, in Ohio and continued

He was executed
11 years after he
was sentenced. —

through South Carolina, Mississip-
pi, Louisiana and Florida.

Henderson was executed for
the fatal shootings of David Vernon
Odom, 27, of Clarksdale, Miss.; Rob-
-ert Lee Dawson, 18, of West Hele-
na, Ark.; and Frances Bell Dickey,
23, of Batesville, Miss.

Henderson was led into the
death chamber at 7:01 a.m. When
Superintendent Everett Perrin
asked if he had any final words, he
replied “No sir, I don’t.”

He remained impassive while
being. strapped into the wooden
electric chair. His expression never
changed, nor did he blink, staring
straight ahead until a leather flap
was dropped over his face and he
was electrocuted.

Dr. Michael Radelet, a Univer-
sity of Florida sociology professor
who spent the night outside Hen-
derson’s cell, said “he was at
peace.”

“He expressed remorse for his
crimes, his heart goes out to the
families of his victims,” said Rade-
let. He said Henderson blamed al-
cohol and drugs for his crimes.

The U.S. Supreme Court denied
his final appeals about midnight.

Henderson, a high school drop-
out from Esther, Mo., married Don-
na Barnett in 1981 and moved to a
mobile home in Cherry Fork, Ohio,
about a mile from her parents.

He began his killing spree with
the murder and rape of Jerilyn
Stanfield, 30, on Jan. 14, 1982, in
Batavia, Ohio. A week later, he
killed his wife’s parents, Ivan and

Marie Barnett, and their son, Clif-
ford, 11.

en ee ‘ sires omen vee ue or . ‘ +

ee eee ee

. Don Ray/staff
Darleen Mullins (left), whose mother was mur- Henderson. Kneeling at the candle is Henderson’s
dered, snuffs out a death penalty protest candle at sister, Sally Ann Henthorne. Alongside her is Hen-

the execution yesterday of the killer, Robert Dale derson’s uncle, Vernon Johnson.

s Florida executes
~ admitted killer

STARKE, Fla. — A man who
admitted to a dozen murders in
a five-state spree died in
Florida’s electric chair
Wednesday.

Robert Dale Henderson, 48,
-was pronounced dead at 7:10
-a.m., five minutes after a black-
hooded executioner turned on a
2,000-volt switch.

Henderson was condemned
for the 1982 slayings of three
hitchhikers picked up toward
the end of a 19-day murder
spree that started Jan. 14, 1982,
in Ohio and continued through
South Carolina, Mississippi,
Louisiana and Florida.

Henderson was executed for
the fatal shootings of David Ver-
non Odom, 27, of Clarksdale,
Miss.; Robert Lee Dawson, 18,
of West Helena, Ark.; and Fran-
ces Bell Dickey, 23, of Bates-
ville, Miss.

EAGLE
KR otha AL ez haa (2.4)

WalU, 40, WILL UT STIILCILGU wun —. nw wus, Ua.

> EXECUTION: Robert Dale Henderson, 48, died in
Florida’s electric chair. Henderson, a drifter, blamed drug
abuse for the dozens of murders he admitted committing in
1982 during a 19-day crime through five states: Florida,
Louisiana, Mississippi, Ohio and South Carolina.

CL) SPF Ue pay
Ut Jor L793 Ga)

The NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Pamela Rutter, NCADP

1325 G St. NW LL-B, Washington DC 20005 (202)347-241 1
Peacenet Access Code--ABOLITION//Non-Business Hours Alert Answering Machine 202-347-2415
Partial Funding for the Alert Network is provided by the A.J. Muste Memorial Institute, the Boehm
Foundation and the Unitarian Universalist Foundation.

ALERT 93-4 APRIL 6, 1993
**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT"*
ARIZONA APRIL 14, 1993 LETHAL INJECTION OR GAS CHAMBER

JAMES DEAN CLARK, (White), age 35 has been on death row since 1978. He was convicted of four
murders, (victims: 3 white males and 1 white female) which occurred on December 3, 1977. His lawyer at
trial was only four years out of law school and failed to advise Clark to accept an offered plea bargain
of a 25-to-life sentence and dismissal of two of the counts. At the guilt phase trial, counsel called no
witnesses and introduced no evidence. Clark was convicted largely on the testimony of an admitted
heroin addict and government informant, who testified under the moniker “John Doe," and claimed that
he heard Clark make incriminating admissions.

Since his trial, evidence has surfaced that Clark was chronically abused as a child by both his
mother and his alcoholic father. He has symptoms of post-traumatic stress disorder from the abuse and a
history of adolescent suicide attempts. After his parents divorced when he was 13, he was abandoned,
and eventually committed to federal juvenile prisons for car-theft. He was only 20 years old when the
murders occurred.

While in prison, Clark has shown significant improvement and has matured into a thoughtful and
caring person. He has been an outstanding prisoner and has participated in “scared straight" lectures.
He has married and been welcomed into his wife’s family.

TAKE ACTION, CONTACT: Robert Tucker, Chairman Governor Fife Symington
AZ Board of Pardons & Paroles 1700 W. Washington 9th fl.
1645 W. Jefferson Ste 236 Phoenix, AZ 85007
Phoenix AZ 85007 602-542-4331

602-542-5656 FAX 602-542-5680 FAX: 602-542-7601
Members of the Pardon Board are: Robert Tucker, Chairman; Duane Belcher; Ed Leyva; Stan Turley;
Kathleen Brown; Anna May Riddle and Craig Rumbeck.

VIRGINIA APRIL 14, 1993 ELECTROCUTION
MICHAEL CARL GEORGE, (White), age 35 has been on death row since 1991. He was convicted of the
robbery/torture/murder of a 15 year old white male.
TAKE ACTION, CONTACT: Gov. Douglas Wilder

State Capitol, Richmond VA 23219

(804) 786-2211 FAX (804) 786-3985

MISSOURI _ JUVENILE EXECUTION DATE EXPECTED MID-APRIL 1993 LETHAL INJECTION
FREDERICK LASHLEY, (Black), age 29 has been on death row since April 1982. He was convicted of the
robbery/murder of his 55 year old female cousin. Lashley was 17 years old at the time of the crime.
Lashley was abandoned by his mother at age 2 and given to his cousin to raise by his Father. Lashley
was under the influence of drugs as a young teenager and during the robbery.

TAKE ACTION, CONTACT: Gov. Mel Carnahan

c/o Mike Wolff, Esq.

PO Box 720, Jefferson City MO 65102

(314) 751-3222 FAX (314) 751-4458

FLORIDA APRIL 21, 1993 ELECTROCUTION
ROBERT DALE HENDERSON, (White), age 48 has been on death row since November 1982. He was
convicted of the murder of 2 white males and 1 white female.

TAKE ACTION, CONTACT: Gov. Lawton Chiles

The Capitol

Tallahassee FL 32301

904-488-3494

@ o *¢ .

40 iy: rs oat: i aye Of os L ot bedi Wve. “ne At Peete ts ta
preted masinch—-that dre ab) very quate rg igen
‘and Pewaemors,

M: attlitie, tt slave pe raged—=that slic Ww us
hear, la the istand, the day‘ler muster was
Missitgesaw Heniy and. Lewis’ Working
rib the barneon short distance ‘from where,
ne Was they werem: aking steps tO the barn:
ule fine, in about hala ule frour where.
Wher master geierally. landed, i
i Matilda cross- -¢XNamiued—stated, that she
(Mas sick Chiat day) and w ould. Tié down O¢-
‘casionally,. does net Know how long: it
would take the boys to gu tothe landiog—
Meury. and Lewis eat dinner with: her, that
day. Pest

"Phis closes the material part of the. te
jimony on both sidés.-<

“Thomas M, Blount: Eee: who. ‘acted. ag
District. Attorney,. add reas ed the: sary with,
his Ustad ability. ° 3 gt St oe
“Cale: eaf: delive red ..a:
tentative. &peech in dofen, :
«Walker Anderson. Esq;:;made hismaiden
speech on this’ occasion, ‘and realized the
high: expectations of-h his: tienda... ‘His -dig-
: id urbs of‘ -deiheanor, ‘With - ‘be

seen ee 0. —

3 1Or talents and: acquirements, will
tends ‘hin an ornament to the bar, Judge
Jordon; recupitulated the evidence in. a. for-
cible‘and impartial chafge tothe Jury, whu
[after retiring for® half-an hour. returned a
| Serdict of guilty Yar ns .
b Lewis? was’ tried on: ‘Wednesday, ys. “when
i preity. mpeb the same testimony. was efici-
ited. The Jary-returned a verdict of guilty,
‘ but recominanded the criminal to. mercy, .

_ Sentence of-death: was passed on the cri-,
nminals, on T hursday ina very. feeling; im-
pressive and eloquent manner...

The day: appointed for.their éxeeution, is
the fourth Friday in December next, |

‘The courtesy, patience and: promptness
Of the Judge, together with his. decisions
‘throughout the term, geen, to ohare given.
RC cneral salishietion, Po geo 8 ponmat ARR) TAR mon ay

~~ whdae

“Mrs. Cooper depised, that she ‘lived. ae
hot a mile aud a half from the’ doetors—
that Monry ¢ame to her house the evening
of the day: the doctor Was Mussing—that he
said the doctor Was thissing—that the doc-

inf x;
tars bourse sevmBed: 1 have. been ataudls is

" bie sy?

. there that a a3-that (he docter Wain the

bday, anid that the cence Was also
anid: uskedif diis waster dni been

CeHenry of: ing }

habit. of Keey we his Canoe. locked and eeker

pert fed the ueyrocs, lonse itsshe a act te" if

a ae
"Le he

gre

Ibert saa iy the fall d
Coopet ae

| :For the’ defence, Col. Joyner dep posed —
That Lewis had made contaditory state-
ments—that when Lewis wa
te Live-Onk. phiotetion, b

hat it oon have
escribed | by, Mrs.

ite

gto ‘and: sajd that:
£001 the: Live Oak

CS SESS ET Ter sree

‘Dr. Parke deposed —that-he Was s requost-
ed by Mr. Atlerson to visit ‘Lewis cin Jail
—_—wW ‘hate questioned ‘on. the. ‘subject of the
‘murder, he confessed it, and satd: he was
urged lwcommitt ne: %
vant Henry: ‘When he was asked if
actuated by any. ‘olher mot
was ordaine d a the. Sign :

= ak

aoe cteLetwecnrichtent
‘he can give a@ correet recital ofe cae
is-of opinion tit the skulbia noredtiable to
‘be fracnired after death than. before as the
muscular, action curing. life Alords. sole
protection. |. 3" a
"The Rev. Mr. Siunders deposed tbat’ in
a conv érsation he bad: with. ‘Lewis, le. was,
‘gatisfied he was deranged on the subject of
religion, that Lewis’ story. in Court to-day.
‘aecurded With thet told on aiformer ‘occa:
‘sion—belicves that hevis conscious: of ihe
obligation of un eth. Henry wis in the
‘habt. Of mixitg oedreine for the: deceased —
his master had great contderie cinim, he
“wis his body servant, Crove his caftiage: on;
a journey bo. Alabama 1835. ;
|. Gabriel, a shine deposed,” that he bad.
known Lewis fer ten years—dves net think |
has good lard senmeethia master Was al-;
ways fearful Abat his canoe would: Upoet—
thee it was ucklish—saw whiskey crank |
the night his tuaster was gissing— ‘Henry |
sOinetines bad the key, and would uive|
out allowances for the negroes € berry
kept the stnche-house key.
) > Chetryy the methe rot Henry: lepiibed— |
‘thet she Lefonged to Dr, Pirker—Ke rit. the;
‘hey ofthe provision howselies a ister hej ie i
his private key: he pever sospected Big
rye hey the beerué. came doom Mr, Cov-
pers they said they were wet, wil wast ft
semnething hot. dreary gota teamtiger fii
af whiskey, and gave to the Wie thinks she;
gave the heyat tive lott, w bee the. wu Lashes ‘
Was, t9 Menty.

Bob, usrlave, lepored —that he ee
ae

had

Last
minute

‘Last second
appeals made
for killers

STARKE, Fla. (AP) — A federal
appeals court blocked today’s
scheduled execution of child-killer
Aubrey Adams shortly after it
granted a temporary stay for con-
victed murderer James Henry.

Bee tiny ed as Arguments in the appeal for the life
Bre Li Na te a a of Henry, convicted in the slaying of
an Orlando civil rights leader, were
set to continue at noon today in the
Ulth Circuit Court of Appeals in
Atlanta.

The appeals court granted Henry a
pane 24-hour stay execution to allow his at-
A eh torneys time to present arguments,

and granted an indefinite stay for
Adams. They had both been set to die
shortly after 7 a.m. today.

,, When Adams received wordthathe

= had received the stay, “he was very |

“relieved. He had been very nervous,”
said Vernon Bradford, state Correc-
tions Department spokesman.

But Henry. was “‘very
aprehensive” when he learned he
had only received a 24-hour Stay,
Bradford said. Henry could still face
execution because his death warrant
doesn’t expire until noon Thursday.

The judges’ actions block what
would have been the nation’s first
double execution in 19 years.

Henry is under his second death
warrant for the March 23, 1974,
murder of 81-year-old black civil - |
rights leader Zellie Riley. : f

Adams, 26, was convicted of %

“ strangling Trisa Gail Thornley, 8, on -- |

Jan. 23, 1978. : oe ]

_’. The Rev. Jesse Jackson, inFlorida
on a voter-registration drive, and the =
widow of civil rights leader Martin 2
Luther King Jr. both asked Gov. Bob
Graham on Tuesday to spare Henry,

plea to spare
urr

s innocen

y, the llth U.S.

, 1965.

tion’s first double execution since

une 22.

na
[

ry.
ted findings by a New York Univer-

ty psychiatrist, who suggested
Henry may have suffered permanent
Henry’s attorneys also argued that

Defense attorney Dick Bur
child. Burr said the damage may
The attorney said the new
evidence, if it had been presented at
the trial, could have swayed the jury
the black inmate received the death
Civil rights leaders, including Cor-
etta King, the wife of slain civil rights
leader Martin Luther King Jr.; the
Henry had been scheduled to die
Wednesday along with child-killer
blocked what would have been the ~

have caused Henry to react violently

when confronted with stress.
not to recommend the death penalty.

But the state argued that the

psychiatric findings were* ‘not

Aubrey Adams, but the 11th Circuit

granted Adams an indefinite; stay
and the U.S. Supreme Court Wednes-

penalty in part because he shot and
wounded a white police officer who
Rev. Jesse Jackson and U.S. Rep.
John Conyers, D-Mich., have asked
Gov. Bob Graham to spare Henry.

day night refused for the moment to
overturn the stay. Those actions

was trying to arrest him.

evidence” and “‘irrelevant opinions.”

"he — brain damage when he was abused as

but declined a visit Circuit Court of Appeals in Atlanta

- from a minister, said Vernon Brad- also had turned down a

ts he’

Wednesday night by a girlfriend and tion. Earlier in the da

The condemned man was to ci

The inmate was to be the ninth in-
‘mate to be executed in Florida since

The U.S. Supreme Court refused

awakened before dawn and givena si

“T’ve never had oysters before,

Sra:

ford, a Department of Corrections Hen
final meal of oysters and hot sauce.

family members,
1976, and the seventh this year.

spokesman.

=
, 1974,

-year-old civil rights

, was visited Wednesday night to block the execu-

— that I’m sorry for their told reporters.

At a prison news conference,
he told reporters Tuesday. “I

enry said he was innocent in Riley’s
“Most of all I would like them to

. die at 7 a.m. EDT today after the U.S. know — and this is not an admission

‘ Supreme Court turned down a last- of anything

' ditch appeal 7-2, The court also refus- grief,”
Henry, who said that he believes in

murder, but apologized to the dead

man’s family.

(AP) — James warrant for the March 24

Henry was under his second death . God and life after death

The 34-year-old inmate was set to

STARKE, Fla.

'’. Henry, convicted in the murder of an murder of 81

waited to become the’ seventh man
*. executed in Florida this year.

‘ ed, 8-1, a request by state oficials to know that’s not a whole lot but it’s

~ execute child-killer Aubey Adams from my heart.”

the same day.

a
'Convicted murderer
- Orlando civil rights leader, faced leader Zellie Riley.

- death in the electric chair but still
’ proclaimed his innocence as he H

_who is black. rea

‘Graham refused the requests. :
“The message that there would be
no clemency was very clear,”’ said ;
Steve Hull, press secretary for |
‘ Graham, who has signed 86 death ~
_ Warrants since taking office in 1979.
, - At a prison news conference,
Henry said he was innocent but refus- ,
ed to identify therealkiller. . x kt

-°} > “If Lam executed, justice is not be-__ PS
» ing done,” he said. “We're not deal- ft -
ing with guilt or innocence. We are ~. |:
' dealing with technicalities.” ~
‘\ He listed those as “the issue of res
» racial discrimination and the issue of ~
_ the way the lawisinterpreted.” * -
+ Eight murderers have been ex-
ecuted in Florida and 24 inthe United
States since the U.S. Supreme Court *
Teinstated capital punishment in
ig ¢ 1976.. ke ? IPOS rw
ST. © The last double execution in the — ;
ox 4” country was June 22, 1965, in Kansas. Ley
Y= Florida’s last double execution was ee

JAMES HENRY
Execution _
. = ’ § hee i 4
Carried out | |.
» STARKE, Fla. (AP)\— James |f:
Henry, who denied killing an 81-year-
old civil rights leader, died in the
Florida electric chair today, the
seventh murderer executed in the -
Statethisyear. oy on
» (My. final. words are I. am
innocent.” °° Bs hres eps nint
With that, corrections officials
’_.| tightly fastened a strap around--
~| Henry’s chin and lowered a dark |}:
.| mask over his head and attached the |}:
last electrode. Prison Superintendent
-| Richard Dugger nodded for the ex-.
=} ecutioner to throw the switch, .:¢.% ¢}
é|* He\was pronounced dead at 7:09
| 4.m., five minutes after walking into

seeks mercy

"ORLANDO, Fla. (AP) — Convicted
er James Henry has won i
Sioes from his scheduled Sept. 19 |
“execution, while another death row :
4 inmate slated to die the same day °
“2° will turn to the federal courts. i}
Circuit Judge Michael Cycmanick
of Orlando granted Henry a stay of
execution Thursday after hearing

a
ia it

i legal arguments Wednesday from ;| the death chamber, © 4g s.}ye igs r * May 12, 1964, ate ee
| - the inmate's public ee ial +4 “Henry, 34, electrocuted minutes be ** Jackson met privately with
5 =3 Supreme Court clerk S are | after a court-imposed stay expired, _ Graham on Tuesday in Tallahassee,
said the state notified him Thursday - became the ninth person executed in , », and said later in a news conference

aftern j ) file
= oon: that “it planned to f

‘documents seeking to overturn the
‘stay. The justices are scheduled to
chear legal arguments in the Henry

case on Monday.
Meanwhile, attorneys for con- |

» he would “continue to pray to God
_. and appeal to him as a matter of con-

* science.” e oe Tee
_.\*" Coretta Scott King, the civil rights
i) leader’s widow, wrote that ‘“ques-
:- . tions of racial motivation pervade

\ been wounded, would Mr. Henry

:- have received a death sentence for _
_~ killing Z.L. Riley, a respected senior
.-.| Member of the black community?”
“ «She wrote. “I think not.” 3 28

8-year- |
Jan. 23, 1979 strangulation of
% old Trisa Gail Thornley of Ocala.

4 Henry, 34,
1974 for suffocating 81-year-old Zellie

TALLAHASSEE, Fla. (AP)
Lawyers for child-killer Aubrey
Adams, whose appeal was rejected
* by Florida’s Supreme Court, plan to
* turn to federal courts to block the in-
* mate’s scheduled Sept. 19 execution.

: Meanwhile, public defenders
<. representing convicted killer James
ie Henry were to appeal today to a cir-
“»*- cuit judge in Orlando.
“* -Henry and Adams both are
scheduled to die at Florida State
‘<- Prison’s electric chair at 7 a.m.
.. , Thursday, Sept. 19. Florida hasn’t ex-

“<. eeuted two men on the same day
=. since May 12, 1964.

: The justices’ 6-1 vote to deny
-* Adams’ mercy appeal came about

: six hours after the court was told
/ Tuesday by the prisoner’s new
- lawyer that Adams’ previous
: lawyers were ineffective.
> Hart said the lawyers erred
* because they didn’t argue that
* Adams was suffering from a
= psychological disorder that caused
* him to forget traumatic events. The
argument could have been used as a
site so-called mitigating factor, © Hart

: na said. :
a Mitigating factors point to life i im-
prisonment as the appropriate
punishment for first-degree murder

convictions.
But the justices sided with

Attorney General Margene Roper,

Gepsf 20,17 PF.

eS | won’t stop Florida homicides.

quickly disagreed. .

“alae

LARE CITY REPORTER WED., SEPT. 12, 1984.5 ae

lawyers were an effective advocate
for their client. ks

“The record reflects that counsel
properly prepared the case and that
his strategy and decisions during the
course of his representation of
Adams conformed to the standards
required of professionally competent
counsel,’ Justice James Adkins

- wrote for the majority. ”;

“Even if this court had found
counsel’s performance to be defi-
cient, we would also have concluded
that his performance did not pre-
judice Adams.” . _ ae

‘Justice Parker Lee McDonald, who.
dissented, said in a separate opinion
he believed the execution should be
delayed so Hart can present evidence

‘Adams, Henry ‘aneaaag oe A ME
_their execution dates in court |

favorable to his client at a new hear-

Wal
1

Yes

‘ r , —<—
4 beg
oe ®,

. Anew hearing would block Adams*
‘death warrant, which’ expires at
noon, Thursday, Sept. 20. It is the
first death warrant Gov. Bob
Graham has signed for ache 26-year-
old prisoner. 3": *. .

Scharlette Holdman, i director of
the anti-death penalty Florida Clear-
‘inghouse on Criminal Justice, said
Adams’ lawyers would “nde to the

ing.

EEG"

- gli “ex. a

—

‘was strangled Jan. 23, 1978, and the

wad

{i eS oi

federal courts, where she ies ae tcl
he would win a reprieve.

‘‘We’re not worried about Adams,”
she said.

A court-approved. psychiatrist
determined that Adams knew the dif- .
ference between right and wrong
when he was charged with the.
murder of. an at heap Ocala ee
schoolgirl. ©) 5. a ee ey

The victim, Trisa Gail aceniey, Beatie) Pakcne

lower portion of her deteriorated
body was found two months later in ,
an isolated area. ;
Meanwhile, Circuit Judge Michael
Cycmanick was scheduled today to
hear legal arguments’on whether
Henry should get a reprieve. :
Henry, 34, was condemned June 26,
1974 for suffocating 81-year-old Zellie :
L. Riley at his Orlando home Hisee
monthsearlier. ©- Ueot
A 1979 warrant Grahaas dened for ‘
Henry was blocked by a federal
judge. 2 4 ;
Craig Barnard, Henry’ s Orahile
defender, said he would argue the ~*~
death penalty was unfairly applied in an
Henry’s case because the prisoneris -' F
black and because the trial judge
overlooked a key jury instruction.

arguments presented by Assistant ; .

who argued that Adams’ previous : *

: > Anti- death

STARKE, Fla. (AP) — Vien of
capital punishment said today the ex-
- ecution of convicted killer James
«. Henry and other death-row prisoners

But supporters of the death penalty.

Carrying signs urging “Gov. Bob
”= Graham to “stop state murder,” the
-. death-penalty foes sang the protest
‘song ‘‘We Shall Overcome” when

81-year-old Orlando man.

petiige:

climate of violence. *:

mre

penalty forces protests

they tear? a aes execu- nine sa rate,” the staearold at ppt
tioner had delivered the 2,000 volts of x
electricity that killed Henry shortly _
_after dawn for the murder of an - death chamber. ©4. 0: sf Pate

William Selly of Gainesville said he ig
“was convinced e xecutions wouldn’t
deter future homi icides and eat a \ murder rate,”

“We have looked , the statistical
evidence and its effect on Florida’s

" os {wes peg hc

punishment foe said, standing in a
cow pasture 500 yards away from the 3

. “Up to this point there has been no. F
" statistical evidence , to. show that’ | fe
capital , punishment ‘deters: the

Selly said. ' a2 te

3-31-1999
FLORIDA:

A death-row inmate who would rather die in the state's electric chair
than appeal his case was one step closer to getting his wish after a
judge granted the man's request to dismiss his lawyer.

Dan Patrick Hauser could be put to death in a matter of months for his
1st-degree murder conviction since further appeals on his behalf are
not likely.

Hauser, 28, was convicted after confessing to the New Years’ Day 1995
slaying of stripper Melanie Rodrigues, 21, in a Fort Walton Beach motel
room.

In his confession, Hauser explained how he randomly chose Rodrigues to
satisfy an urge to kill he had felt over the years.

Circuit Judge Thomas Remington granted Hauser's request Monday to dismiss
Capital Collateral Representative Robert Harper from the case after a
psychologist found the killer competent.

A 1993 Florida Supreme Court decision held that a capital collateral
representative, an attormey who handles death appeals, cannot to
represent a competent inmate against his wishes.

The judge praised Harper for doing everything he could in Hauser’s
defense.

Pamela Sue Belford of Fort Walton Beach, who saw her daughter's killer in
court Monday, said she planned to be there for the execution.

"l'll never have my daughter back, but he'll never kill anybody else,”
she said.

(source: Associated Press)
>>

Friday March 29, 1896 America Online: Galba33

Page: 1

a apaeanaeantl

said Hasty
the killing
air, and
bility for
Serene was
De b

saaeed |
att
Het dl]

————

Yoang | Volusia Negro
in Chair After

sda adel
ao]
3

244324 |
tad
Tr .

THE FLORIDA TIMES-UNION (Jacksonville), Tuesday, 17 September 1935, page 12

ee eeranenae eae

{
i

nn a

DEPUTY’S SISTER

NEAR DEATH
FROM | WOUNDS

(Continued from Page Ones
~~ ee ee + ae rs —~--- on - a
shoes, wet; were found outside the
windew which he | entered) pre-

‘sumably dfter returning home, -
-and his ttousers were wet from

Hasty.

the knees; down. ‘

A 25 calibre shell|was tound by
officers néar the sjjot where the
bullet was fired in| back yard of
the Taudakis plade. Hasty's
clearets, which he bad purchased
last night before golng home and!
his ecigardt holder | were 9 found -
near a woodpile, a few feet from
the spot ‘where thp bullet was
fired.

Can't Find Motive

Hasty had been employed at the
filling station and store and otfi-:
cers were unable oO establish a
definite motive for the shooting.
Hasty'’s tcacks and] those of an.
other person, believ¢d to be Ning,
were found in the yard, and It isi
believed he fired | from — fricht ,
thinking Mrs. Louchkis saw him
as she walked out> on the porch,
Bhoodhounds were placed on
the tracks but werefunable to fol-
low the trail all the way to the
house where Hasty|lived, a short
distance south at Fildridge. Hasty
questioned this mofning said the-
gun found under his pillow was!
bought by him las{ week at Or-'
lando,- but he denied the shooting. .
He and King were finable to give
convincing accounts of their ac-
tions Jast! night. Both, however,
said thet were fin bed by 9
o'clock. | ;
A RNecrp woman,] living at the
same playe as Hasty said he.
came if early his morning |
through the window as the’ chick-!
ens crowed for daMlicht. in Ponta
{

T. J. St¢erman,~JJ R. Shadburn,

Bert. Thdmas, and] Capt. Mathis,

of the state road camp near here, |

worked gn the chse. Officers |

from evillence gathered ate con.:

fident the shot [was fired by’
'

pS 209

—

AGE TWO

THE OBSERVER

SATURDAY, SEPTEMBER 21, 1935

dhe Observer

Published every Saturday on the
minsula side of the Halifax River
at 427 Silver Beach Avenue,
Daytona Beach, Florida

By T. E. FITZGERALD

t Independent Democratic County-
ide Tabloid Weekly Devoted
the Upbuilding of Volusia County.

SUBSCRIPTION RATEs:
ywhere in the U. S......$2 per annum

mtered as second class matter Jan-
y 15, 1935, at the postoffice at Day-
a Beach, Florida, under the Act of
‘ch 8, 1879,

Shifting Sands

of Politics
By T. E. FITZGERALD

hester B. Treadway, chairman
she State Road department, has
nitely announced that he will
be a candidate for governor.

H. Berg, publisher of the Mel-
tne Times and president of the
‘ida State Press association, has
tired control of the Kissimmee
ette and becomes the publisher.

ie Florida Tax Revision League
till endeavoring to learn how
‘y members of the legislature
otherwise on the state pay-rol)
keeps up an animated corres-
lence with Governor Sholtz on
Subject. The governor recently
ve the league: “I do not know
ny members of the legislature
are employed in any depart-
t of the state contrary to the
stitution.” The league again
e Governor Sholtz as follows:
September 14th. 1935.
cernor Dave Sholtz.
—* Capitol.
| thassee. Florida
Crovernor:. —
mare imo receipt of your detter
uswer to our telegram) request-
a st of the members of the
ature who are emploved. or
have been emploved on other
¢ payrolls, We regret the
' of writing you turther
connection.
a stated i the first: parzgraph

nec. :
:UON about
Pthae
“Native Bob Smith.

YESTERDAYS

Yours and Mine

(Continued from Page One)

Jackson, however. “Buck” managed
to induce Miss Emily Gill to wed
him and—well, we'll rely upon Mrs.
Roebuck to protect him from the
spooks of French and Spanish pi-
rates who used to infest the Fior-
ida Gulf Coast—and from their
equally fierce descendants.
Born_in New York City, Oct. 5,
1888, “Buck” got part of his school
ing in Gotham and the rest in
Cheltenham, Engiand, to which his
British-born parents took him in
boyhood. The elder Roebucks ex-
pected to spend the remainder of,
their lives on the “Tight Little:
Island,” but two years were all they
could stand, so they brought “Buck”
back in time to appreciate the
Statue of Liberty and regain his

ward he established a _ successful
business in Yonkers. and-—

“Why did you drift south?” I
queried.

“To be truthful,” he replied, “I
had formed the habit of running
around with an _ interesting but
somewhat wild set of youngsters
who were, as you doubtless know.
hard to get away from, Result:
At 8 a. m. one day in 1914, when
my business was paying me some-
thing like $200 a week, I sold it for
cash, started for Atlanta at 4 p. m.,
and shortly after arriving in the
Gate City got a job as service rep-
resentative with the Southern Bell
at $80 a month. I have ncw served
the company in Georgia, Alabama
and Florida for going-on twenty-
two years—and ve never had
cause for regretting the change. I
know Pensacola is a delightful: old
Southern town, but I do hate to
leave Daytona Beach.”

Well, so long Buck! The Lord and
Miss Emily be with you!

We'll be seein’ you sometime when
we are forced to “pass through the
! Wilderness,” or when the big-wigs of ;
.the Bell octopus permit
come back to “God’s Country,” !
| ‘Note to Frankie Pericola, Pensa: :
cola Journal: Puease copy. and then !
‘Drang that pretty Goldenberg girl,
PWho Was so foolish us to marry you
PWhHe Vou Were) Workin: for Fitz
Beck to louavcoia Seach. “Paint
Night to keep ou Daviona Beaeh!
beauty in oa “furrin cowutry” any:
plongery

DEBUTANTE
When you want definite miormar. +
the Daytona Beach of |
domi waste time asking :
Todde over to

past.

American citizenship. Shortly after- ]

you to | x

most as much as I do—and_ say
about as little, And I’ve wondered,
also, why. after passing 4a scores
and scores of Southern lles, I
should have married into a Con-
necticutt Yankee family, the women
of which long ago constituted them-
selves as “executive vice-presidents
in charge of poor little Frankie.”

But when a to-me-unknown kins-|5

man gave me a_ history of one
branch of my family last week the
mystery was ah ie gg like that.
In reading the family tree I dis.
covered that one of my kinsmen
was attorney general of the United
States under President Abraham
Lincoln, and that later on another}
was chief of staff of the regular
army. Therefore, being unable to
lick my mother's folks in’ the War
Between the States. ese Yanks,
from their home in thé spirit realm,
ambushed and outflanked me to
such an extent th
Eve of 1926 I
aw of—

Mrs. Emma E// Peck, @ perennial-
ly youthful native of Bridgeport in
the Nutmeg State, and) whose only
Sign of mental weakness is found in
the fact that she thinks her rebel
son-in-law is all \right.

on New Year's
became the son-in-
{ f

the same way about her.

fems in a straight-out argument, so
take my advice and—

SIR MALCOLM CAMPBELL SETS

Bonneville (Utah) Salt beds, where
he achieved a record of in excess of
300 miles per hour, Sir Malcolm !
Campbell and his Bluebird,
their sports of glory, are again in
Great _Britain-———____

filed as follows: H. D. Littlefield vs.
Mary Frances Littlefield, W. Cecil
Grant, solicitor; Eleanore M. Millard
vs. Alvin S. Millard. R.
Solicitor,

NEGRO ELECTROCUTED FOR

electrocuted at the Raiford peniten-
tiary for the murder of Mrs. Helena
T. Loucakis, a white woman, at her
\And I feel‘ Eldridge home last year.

Fellers, you just can’t beat these

Fool ’em.
Mothers-in-law?
I'm for ’em,

AIL FOR HIS NATIVE ENGLAND
After copping laurels on the

after

SEEK DIVORCES ~~
Divorce suits have recently bees

L. Selden,

VOLUSIA COUNTY MURDER
Monroe Hasty, negro youth, was

Tampa’s Election Costs
For Policing Mostly
Cost City $20,000

TAMPA. Sept. 20 (FNS) — With.
the smoke of battle cleared away
in Tampa’s recent militaristic elec-
tion, leaders of the routed McKay
forces announce their intention to
contest the nomination of Mayor’
R. E. L. Chancey on the grounds
that the election was fraudulent
and unrepresentative,

In the meantime, dazed Tampans
are pondering over the $20,000 elec-
tion cost, the bulk of which was
represented in policing polls, with
one. officer for each five voters.

SCHO

S HAVE
HEAVY ENROLLMENT

The sc hools of Volusia county
opened 1 Monday with a total en-
roliment of 5.518. The enrollment of
the Daytona Beach schools is:
Mainland, 1,642; Peninsula, 653.

One out of every three couples in

the United States is childless.

. \___\

NACADCN NCI NCANCL

mm aa

SAVONWG

The toll
in Florida is

to protect the lives and

One of these little lives

Ways,

of the county in observing traffic r

your car in good mechanical condition,
and pledge yourself to drive caretuly. Thousands of little children, too
young to fully realize the dangers of Qty streets,

of death and injuries resulting from automobile accidents
terrific, and-even in Volusia County,
ous lives have been snuffed out the
More than 50 per cent of these tra

You can
nssume

limbs of others:

is more than all the gol

Treasury, and you do not want their blood to run
Wil you join hands in the campuwen for safety?

past year, some of them little children.
gedies can be averted if motorists will
co-operate with the Sheriff’s Office, and the various police departments
ules, if automobile owners will see that
their cars are in proper mechanicai condition, brakes frequently inspect-
ed, and care used in operation.

It is your duty to yourself, your city and your fellow human beings

avi

yaniv

Ww]
U

rs
‘

Yevl

ivevl

ZI
“i

it is too great. Numer-

aXiIYeN

NaVUVeN "aN 7aNit7

Yay

do this if you will keep

persenal responsibility

need your protection.
lin the United States
In the streets and high-

Bur cnen tne mun cu; 7s Vel oon che
“OOP and started HAY "tape cme 53.
Seareold girl,

That was going too Jumred cur. The
“woman wrenched her nunds tree irom
‘Ae pantyhose. snatched up the man’s
revolver and brought the ‘*eapon down
on his head as hard as sre sould. [t was
hard enough to distrue! Pin: From the girl,
ind he ran out the *sonr Uoor, The
Woman fan after him, TPINY a shor Sur
Missing.

With that the mun “OOREL and en.
Yuved ina strugule with the woman. He
munaged C(O Wrestle the revolver Away
trom her. but wile he was doing it the
duuzhter smashed 4 eands dish on iy
head. He ciimbed into 4 drown [ 4»?
Dodge Aires and got the nell out or there

The mother and daughter zave Sheritt
G. Rooert Carter the Sars South Carol:-
Na license tag number 4nd assured him
that they'd recognize that man’, tace i
they ever saw it 4gain.

And they just MIHt get that Opportun-
itv. the shentf assured them. because
thetr assailant had lett some hard phy sic.
th evudence in their house, Forone thing,
Chere was the huller (he Wom iad firey
trom the rapist’. revolver, lodged in 4
all, He alse had ert 4 NUAUIN sre on
the house. und a MemPBersiity ord crops y
COs ate Viud in Charleston: doutn Carey
Qa. This wausna'e a OPES Case Ov uns
Means,

it didn't tuke u SF. ammountot oneck-
MEO eadiinh a ven Probable link he-
myeen the Wuidosta attack and the Lucin-
“a Russell murder in Charleston,

Wade that was SOINZ ON. (Wo simul-
“aneous homicide ‘AVestizations were
osing onducted os sheritt’s deputies in
Putnam County, Florida.

Having two 4pparently unrelated mur-
der probes Z0INZ On at the same time is a
highly unusual state of affairs in Putnam
County, a peacerul, Propserous area of
Piney woods. Paper miils and cattle ran-
ches that straddles the beautiful St. Johns
River in northeast Fhogada and bills itself
as the “"Bass Capitek-of the World ”’
Sheritf Walt Pelligas is more famous for
hiy barbecue saucStthan tor crime tight-
NZ. Mainly because the county has far
More Beef and pork to oarbecue than it
Ras crime to tight.

When there ty a crime to right, Wale
ind Ais troops do it so well that he’s been
Merry about as long as most of his con-
iCUENTS Tans have been alive. The sner-
Its oftice and County jail ure housed ing
Modem. attractive building on the bunk
otthe St. John’s River at the eastern edge
ot Palatka, the county seat and my home-
town. [t's a nice enough place. but not

68 True Detective

TEAL dy Ox Ula as Woe, SUTF RL oe Pas.
“SUPANCon the westerm SUge Of tow”, Che
food ts vulstanding, und Ww MIO. AV airreay.
rey Ate MUCN prettier than MOE of ary
deputies. For thar Matter. V{r. Potigar.
who runs the restaurant. ty much rrettier
than Wale.

Our MOFY resumes a0 aoa eslemM wear
and suddle SAOP acrosy he rer in Gast
Palatka. At} [30 Bolt. MN Te ae, rN
vustomer and a saddio - PPT red
“Meously Walked ines ihe ny P afd is
“ered (ne bods or the clerk, Ss MEE ald
Derothy W lKinson. SIRE Tee down ar
hind the Sounter near y APE me] Of
Mood. The PePsIrM AN called cae sheritt’s
Ue. and in ley, AN ls mune.
“ODUNes Were ut the scene and the sherry
enroute.

Among the deputies at the YeeNe Were
Detective Sergeant RW Bukker und hi

oss. Captain Clitt Miller, Pellicer’,

think of a bald-headed Rodnes Danger-
tield. but the retirey Military intelligence
Uiticer gets considerably more PesOeut—
trom the detectives wnro “OK Tor him,
from the recruits + ho team trom aim dt

(Re urea’s Police teademy and trom che -

-FOORS WhO Meer Mim oon their way oy
CASON A signon the we! Pefind ais fo.k
SAN IS@s Visitors that "3 tides. Beau -

O, the surtace it WOKE Hike un
*1OUS Case Of robbery murder. Mrs ;
Kinson “ppeared to have beer shur IM ice
head with a <mall valiber Weapon. ond
hen the store's Owner arrived ang
looked the situation Over she told the
officers that $47 appeared to be missing
trom the cash. register. The detectives
fountt $100 cash in the victim's un-
touched purse. but thar apparently had
been an oversight on the Part of a killer in
a hurry.

Murder is an unusual crime in Putnam
County, and normally the case would
have occupied the sheriff and his detec-
tive division for at least the rest of the
day. But at 12:30 P.m.. while they were
still conducting the crime scene inves-
tigation. word cume of 4 second murder
in the county.

Dr. Murray Ferderber was “9 vears old
when he died. He had Spent Most or ars
‘ife practicing medicine in Pittsburgh.
‘hen retired with his wife to 4 mobile
Pome in Satsuma. UNS town seseral
Mties south of Paluathaon LoS 17. Shon-
‘y after nvon on Jan. 25th Mrs. Ferder-
Der retumed home trom 4 shopping trip
und found the doctor sitting ina living
room chair with an open telephone book

ffs Ft a pans
MHER OE aS a,

(Cape, Nis: or
SOU scone A Ease Pilathy and
Bunker “ “URS wMarse vip -
edse in Sabsuneg, Serr: Pet!
rsflied Mey yw A.NOn vs

- OU to doin
aPeral Aamo, mite GS. olvticx an
te faped, ee Re RY ee “Pat a x
“Gu Jer

Lhe Wiikinven HESS Sasi My aso

we Pat § Po anon cone "ee ey
“miner AMOUNC eG Pat (hers Sots tay by,
et He said an HHCUPS ST Rad Durst, ayn
tring Mry, Wilkinson's Skin and =F wise
INg the ioor gy Wel oy Aer arin gst
Mleod. She hag Wied a saturai Ceger
dused BY Cereppy hemortha se, Me doe-
(OF said,

There was NO doubt at ai! 4bout what
Nad Caused Dr. Ferderber’s death. 4.22
vuiider buller was found in his head. but
no other evidence was Uiscos cred ut the
scene of his murder and N20. Suaker
hadn't the slightest ue > ong iller’y
identitv. The INVestization Continued
through Tuesday und Desond ss ithout dis.
vemible progress,

Mrs. Wilkinson ¢ 4s Furted on
Wednesday, January 27+h—he same
Jay chat Jertivn Frarkiin's 70dv way
‘OUNd i un gbancy Ned sare 28 ay
(rom Coneinnmath. Vrs OTT ad qeen
ced to 4 cay bale. PUP aie scuoceG
22utn,

IC Was sso on the - th that Cheri
MeDonaid. 4 27S 2areold Nuusewirg,
disapeared trom ner home in Pasa.
SOula. Miysissippt. Otticers ‘ound her
Pedy uc luslS a.m. on the 28th near a
Mall cemetery off a little used dirt road.
She had been raped. them killed bv 4
single 22 caliber pullet sn the head. Her
[978 Mercury Marquis Was missing and
“4s presumed to nave been stolen by her’
ailler.

Luter on the 2Sth. Lucinda Russell's
“town Dodge Aires was round aban-
Yoned ata bus station in Macon, Geor-
g!a. [t had been parked there since the
night of January 25th.

Cheryl McDonald's Mercury was
tuund on the 29th. abandoned ina night-
v'ub parking lot in Port Allen,
Loutsiana. a suburb of Baton Rouge on
Ne Mississippt River. Inside the club.
“wner Sam Corrente was round
‘Prawled on the tour. dead trom a .22-
valiber zunshut wound to the head. Cor-
TOMe sy 1977 Ford PICKUP [TUCK wus mis-
sing.

The Pickup was found Thursday.
February 4th. abandoned in Arcadia, a
small town in Southwest Flonda. In it.
DeSoto C ounty deputies found two suit-

brother. There were plenc lers be-

sides those.

Advised to keep his mouth shut. the
talkative passenger babbled on. elabor-
ating upon murders he claimed to have
committed in Ohio, South Carolina.
Mississippi, Louisiana and Florida.

Killed five in Florida, Henderson
boasted. Three men, two women.

At the jail Henderson went on talking.
and officers were busy trying to check
details of his confessions against the
known facts of deaths in tive states u hen
an assistant public defender finally per-
suaded the suspect to button his mouth.

Charlotte County had only one local
charge against Henderson—possession
of a firearm by a convicted felon. But at
his first court appearance Sunday mom-
ing he was charged on an Ohio warrant
with the murders of Ivan. Marie and
Clifford Barnett. The revolver he had
surrendered was stolen trom the Barnett
home. His court-appointed lawyer said
he would fight extradition.

Ohio would have to stand in line any-
way, along with Louisiana. Mississippi
and South Carolina. it Henderson had,
as he claimed, murdered five Persons in
Flonda. Florida had him. SO its cases
would come first it they existed,

And before the day was over, Georgia
staked a claim on the Suspect. The Val-
dosta divorcee and her 12-Vear-uld
daughter positively identitied 4 photo of
Henderson as that of their attacker. Geor-
gia charged him with robbery. rape.
burglary. aggravated assault and
sodomy.

Henderson denied the Valdosta
charges, but Lowndes C ounty Shentf G.
Robert Carter was Probably the most con-
fident of the law enforcement ofticers
involved. His was the Only case in which
eyewitnesses could make a positive iden-
tification, and he had a Sample of the
assailant’s blood—trom Pieces of candy
dish the girl had smashed on his head.

Sheriff Carter also had the assailant’ s
hunting knife, which apparently tied him
to the murder of Cincinnati housewife
Jerilyn Stanfield. Mrs. Stanfield had
been raped and stabbed to death a few
days before the Barnett murders—and
therefore before Henderson had a gun.

[In the meantime. Florida officers were
trying to venty Henderson's claim that he
had killed five Persons in their state. One
of them proved to be easy. Henderson
said he had killed an elderly doctor in a
mobile home near U.S. {7 a few miles
south of Palatka. The details of his con-
fession matched the facts in the January
25th murder of Dr. Murray Ferderber.
and Captain Cliff Miller lost no time get-

- 70 True Detective

(Ing a warrant charging Henderson with
tirst degree murder.

Three other murder claims were more
baffling, and the fourth was downnghr
startling. 7

Henderson said that While motonn
sOutheastward through the Florid®
Panhandle in Corrente’, Pickup truck he
had picked up three Young hitchhikers
along U.S. 27 near Tallahassee. 4 couple
In their 20s and g bov in his late teens.
Picked them Up February 2nd. Shot ail

Where in Central Florida the next night.

Henderson made a show: of trying to
point out ona map where he had left the
three bodies. but was Pretty Vague about
it. The net result was great many law
enforcement man-hours wasted on fruit.
less searches.

While that was going on. Putnam
County ofticers were Pu2Zling over Hen-
derson’s tinal and, for them, most dis-
turbing contession. Shortly after killing
the old doctor in Satsuma, he said. he had
killed the middle-aged female Clerk in a
westem wear and saddle shop in East
Palatka. Shot her in the head and took the
money from the cash register. Wasn't
much. less than fifty dollar:

Dorothy Wilkinson had died In that
store. all might, and there had appeared r.
be $47 Missing from the cash register.
But the medical examiner hadn't found
any bullet in her head. He had found
what he called a burst aneurvsm., result-
ing in acerebral hemorrhage and what he
ruled a natural death.

And her body had been buried.

Sheriff Walt Pellicer Promptly re-
opened the Wilkinson Case, and Cliff
Miller's detectives scoured the death
scene looking for a builet. They couldn't
find one.

Miller was frankly puzzled. ‘Here's a
guy who says he killed twelve people,’
the captain of detectives said. “All
(Welve are dead. ten by shooting and one
by stabbing. Is he lying about the twelfth
one.’ It presents us with a hell of a prob-
lem. If he had told us he had scared her to
death or killed her by blowing bad breath
on her. we would have probable cause to
charge him. But he didn’t. He said he
shot her.

“Where's the bullet?’’

The medical examiner requested that
Mrs. Wilkinson's body be exhumed so
he could X-ray it. Shentf Pellicer went.
further. He wanted the body re-
autopsied.

[n the meantime Capt. Miller sent Sgt.
Richard Bakker and Deputy Chris Hord

S Punta Gorda to fetch Henderson On the
erderber Murder Warrant. The [wo

were enroute back ty Palatka.

ing his tather &Xpected him to bring
home a carcass tor each bullet expended.
And he asked a few questions. He

or television People. When were they
ZOINg tO get to him?

That very question already had occur-
red to Captain Miller. and he had in-
structed Sgt. Bakker and Deputy Hord
accordingly. They were not to just come »
breezing into Palatka, and into the
clutches of waiting TV crews.

When the trio entered the southern tip
of Putnam County. Hord. following
Capt. Miller's instructions. drove to the
Crescent City Police station and parked.
Bakker went into the station ard called
Miller, leaving Hord and Henderson in
the car.

Bakker had barely been able to tell his
boss they were back in the county when
Hord stuck his head in the door and said.
"Bakker, come here."’

“I'm talking to the Captain,’ Bakker
objected.

““T don’t care."* Hord said. **Come
here.

Bakker said into the telephone. ‘*Cap-.-
tain. [ll be mght back."’ Then he put the
instrument down without hanging up and
went outside. Hord told him that Hen-
derson had decided to lead them to the
(hree hitchhikers’ bodies and to tell them
about the two Putnam County murders.
But first he had to go to the bathroom.

After Sgt. Bakker had explained the
situation to Captain Miller and Hender-
son had been to the bathroom, the three
men settled down to talk about the con-
stitutional rights of killers. Bakker ex-
plained them. and Henderson said he
understood them and signed a waiver.
He said he wanted to clear up matters in
Putnam County, and he wanted those
three hitchhikers to have decent burials.

Shown a map of Florida. Henderson
indicated an area along the central Guif
coast, saying he couldn't pinpoint it on
the map but would recognize the spot
when he saw it. The officers surmised

Dale Henderson’, disapredgr os mue
him 4 suspect. of course. SUE TEC Nery
solid one since thers was 2v:dence
pointing to him—or to 4Anvene else, tor
that matter. Shemtf Louis Fuiton as as
shocked and puzzled by the -nree mur-
ders as were the other 24.000 <:tivens of
Peaceful Adams CountY A 2 :eck on
Henderson's background r2*e1.2d that he
was. after all, a urifter. and :¢ could be
sheer COincidence that he had lost Ars Job
and drifted awav trom Adams County on
the day of the murders.

No one had any reason to connect the
paroled model prisoner's iSappearance
with the mystenous disappearance a rew
days earlier of a 30-vear-old housewife
trom Cincinnati. 30 miles west of Cherry
Fork. Jenlvn Stanrield had gone on what
was supposed to have been a bnef Shop-
Ping (ip and never returned. Those who
knew and cared about her. and went look-
ing for her. never had heard of Robert
Dale Henderson and had no reason even
to wonder whether the urban housewife's
disappearance might have any connec-
tion with a triple murder in a farmhouse
over in tobacco-growing Adams
County.

Netther Henderson nor Mrs
had surtaced when. on January 25th. the
next three seemingiy unrelated Chapters
Uf their bizarre story untvided. in three
locations hundreds of miles apart. and
nundreds of miles trom Ohio.

[t was at 10:45 thar Monday moming
that police officers round the body of
Lucinda Lee Russell in 4 4ooded urea
south of Charleston. South Carolina.
The 21-sear-old mode! had been raped.
then shot in the head with Q l2-caliber
firearm. Detectives tound no clues to her
Killer’ s identity at the murder scone, but
had reason to hope that such clues might
tum up later. Miss Russell's brown 1982
Dodge Aires was Missing. and it was
reasonable to suspect that her Killer had
stolen it.

As a matter of fact. a Drown 1982
Dodge Aires figured in a dramatic cnme
late that same day in Valdosta. Georgia.
when a 37-year-old divorcee and her | 2-
year-old daughter returneg home from a
shopping tnp. While they were Putting
dway (he groceries the woman heard
noises tn her den and WeNLtO inVvestizate,
She contronted 3 tall, slender. baid-
headed man with a revolver in his hand.

The man forced the woman and her
daughter to disrobe. then tied their hands
behind their backs with Pantyhose. Then
he raped the woman.

Up to that point the woman had sub-
mitted to the armed stranger's demands
rather than nsk Injury to her daughter.

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vases, One containing a man -othing,
the other a woman’; Thes aiso round
(wo .22 caliber spent cartndge casings
and recent Navy discharge papers be-
longing to someone named Robert
Dawson.

Routine police work quickly estab-
lished links between the stolen truck and
the murders of Sam Corrente in
Louisiana and Cherv! McDonald in Mis-
SISSIPDI, but who and where was Robert
Dawson?

Dawson turned out to de an 18-vear-
old from West Helena. Arkansas. He
had just been discharged from the Navy
at Pensacola. Florida, and could not
have been involved in the Louisiana or
Mississippi murders. But he apparently
had been in Cortente’s truck sometime
since those crimes were committed. His
present whereabouts was a Mystery.

The scene now shifts a few miles west
to Punta Gorda, the seat of Charlotte
County on Florida's Guif Coast. Shortly
after | p.m. Saturday. the 6th a man
called the sheriff's office and reported
that a stereo was at that moment being
stolen from a blue Buick in 4 shopping
center parking lot. Deputy Curtis Moore
was sent to investigate.

Moore was circling the Parking lot,
looking for but not seeing anything
suspicious. when he was flagged down
by a tall. slender man Weanng a baseball
cap and cowboy boots and Carrying 4
Purple. nyion bay. “I'm the man vou're
looking for.’* he said. “My gun's in the
bag and [ want to give myself up.’

“Who are you and What have vou
done?’* the intngued deputy asked.

“I’m Robert Dale Henderson.’ the
man replied. **I'm wanted for murder in
several states. I've killed ten to twelve
People; [ don’t remember exactly how
many.

“You look tired."’ Moore said. “Let
me hold that bag for you.’ Henderson
handed Moore the bag. and in it the de-
Puty found a nine shot. .22-caliber Hi
Standard revolver.

With Henderson frisked, Mirandized
and locked safely in the back seat of his
cruiser, Moore advised his dispatcher of
the situation and asked for a computer
check on Henderon . Told a tew minutes
later that Henderson was In fact wanted
for questioning in connection with a tn-
ple murder in Ohio, and that he was to be
considered armed and dangerous. Depu-
tv Moore headed for the county jail in
Punta Gorda.

He was wanted for more than just a
triple murder in Ohio, the Suspect
assured the deputy. That was just his
in-laws—his wife's Parents and baby

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True Detective 69

HEIGHT COLOR HAIR. EVES. BIATMOATE & SMALL PHOTO

IDENTIFICATION SYSTEMS DEPT 29 |
Box 1267. Wilmington. NC 28401

<= 2 ki rida onc ~1é 8.
V uuWIS, | ks, hang ensacola, Florida, & ?
2s HEN & LEWIS, blacks, hanged Pensacola, 12-28-18
Slaves HENRY & LEWIS,
hd

The foHowing conimunication was han-
ded in-last Week, but too late for publica-

‘Len. ane Pe tegeed ye OS one:
The Yerritory of Florida vs. Henry, a
slave, for the ‘murder of Dr, Jolin H.
ag Parker, hts moSter. he ae
& This Cas€ Was tried on ‘Tuesday last,
Jadge Jordon Presiding = ‘The first wit Hess
examined was Lewis a slave; Ww ho deposed
that he was Over- persuaded by Henry, to
Kill his master—that he brought him some
Spiritsto the barn Uiatday, und told hins!
huW was his time—that his Inaster €Xx-}
Fected an overseer wha would kill them ali
that he went OVCcr. to the island ‘with a!
Canoe, to bring bis muster over, and just as
He (his master.) was getting out of theca:
nC he struck him first with an ‘oar, and!
afterwards with an axe, on the sidé of the!
head—that cnry who was standing behind
4 red-ouk tree, assisted hin to get the bo-:
CY into a skiff, and afer going down. the
liverhalfa mileibey threw hinvover-bourd.
"erry, a #lave,. deposed—that he and:
Henry came w the landing about BUNSCL—,
he iieard his - Mwster’s horse wv bickering,
wid” esked where was hia gnuster’s boat,
aud Henry nade no Sé¢ply. Henry oe
On his’ master’s horse and at the . Crus!
Oats, he usked Perry to stup there, wutii
he wouid G0 and enquire at the huusg’ —2!
On-his setup, he said that he prestmed!
M8 Master bed gune down MCoojers— |
"Wis Overtouk them, afid ‘Henry “Wont
FoOwN ty Cooper's, mud ou hits returis, tol!

Lhe / tts orb. Ly Lard
elon hte | 1658

gare : ers ————— ee ee ee CC
Pee

, sf (ek ; ys ‘(a
\ Whew sth! Yh Qeban ste SF as teat ohne te 4 y+ t*'
me te ae? ent ote @ ‘ Abit

crEeH * MEATS OM (to thedsiani ter ibtbe
hathe staves (hat their Inasiqgn was Nintiee
itenry, that evering, give him spire Ae
drink, which he precured Upsttirs. Von:
rv, Gah jek “aud Bob, stept: pry thie hati:

dthiat night ett la an dest masters LE
irimes none Put Houty was a the dinkat ob:
doing: 80. Jhewis aid Benry. were apdere.
ed to cut afuarles that day on the han sie)
of Me wiver, snd them return te make steps |
‘ar the barnan the island. F ait nt |
— Captiin Morgan deuposed—that Dr. Par- |
ker had buen Bussing. about 18 elye months |
ago. He “was’ well acquainted with Dr.|
} Parker's habity—he was very, careful of his
keys—he went to the Doctor's house, the
duy after he; was lost, having. heard the
news:from: Henry, the. night before; who
stated that his master and: thecande. were
missing, aud that he found t chorsehitch:
ed. Capt. Morgan, went the ninth day’
‘after the Doctor was niissing, 10 search for
the body 5 at twelve u'cluck next day, “he
met Heary: “wWwhio.naid that Mrs, Cooper, had;
‘found the deccused. ;. Henry gaid th

cide of the head was mjxred by the, body
droppm g:back into the Ww dleragainst, som
little’ as

jooking wouhd—-stated algo, that there Were.

iobs—-said: also: ipwas a.very ugly:

‘cypress trees on both sides of the river, with
‘many, roots... The. doctor: had. often: told
jhim. that his'slut was’ ‘likely to.’ set his
canoe as it was: Very | ticklishe, When: the
canve was found, it was not jn: a. condition
as if it had turned over, 50 a3 to throw':8
man.out of it—Dr. Parker generally »car-
ried his-small keys in his pocket—would
let Heury have his large keys occasionally
—the negroes smelled the next morHINg as
if they had been drinking liquor. © . 7
Col. Joyner deposed, that the day after
‘the doctor Was inissing, Henry came to
‘the Navy Yard, .and hrought a: box con-,
inining papers, keys and inoney, he went)
afterwards up to the Docter’s residence!
wud searched with several of the neighbors,
hotirby Jand and by water, for the body; hes
he also examined the negroes who svemed:
ty know nothing abent the cause of their l
masters absence. ‘The ductor was a very}
parbeubar man, about his accounts, Te certs |
and papers—v ould never jeave his heya}
wherethey could be procured by ether per
sons-alM ays carried wmouey rh bun |
he (Col. Joyner) asked Henry for’ his;
Hnaster's purse. who replied that he thou |
lis master beet UL wah basa. eury said he
, dentin the money it bits hastens Urlikm |
Henry was his Inpsters body servant and |
travelled with bin tite other stales.

Mes. Cooper dipontad, that she Tived ite
LLersupt gg bbe wid a half freos the ductal s—
‘bat Henry earie to her lowest the eveniug
Lot ule dav the doctor Was iuisstug—that he
jeakd the Goetor Was minstig—thad the doc: !
tarts hapse se Cid Cte hate been stant |
‘reed ail day, cai thal the cance Was aine |
dasked HW bis sanlee Had been
then Gat tha heaton Wale in thie
havliit wi KeegaAe bite canoe ievked and Guyer
' peramited phere): fe tiee it— she ners
Hiours oreliin Letrieter, nd Be dened

‘dade tints

cot ee Eade

Ligeestie went the: tat rvertusse: tO Ue Woe-
tor’ resblenee, ait mel scveral of the tee
wroes 10 fret of the house, the hotise Was
very ards —the accior Wits very ical Wadd.
“poth i hias hot and persch, Alrs. Cooper
round the purse on the bureau With money
ven the tinal Henry saw the purse on the bu-
Vreau, said it Was his master’s. @n the
tenth day alter thie doctur Wes Iiissiity,
jbheryy ste Doble WEDE GOW it the river tuselit:
her Joking fer tire Lady. Mrs. Cooper mW
item, and aeked them if they ed found
“he body 5 Gees replied no Pbeury ads ised
hey to gerup eather arechion 3 while they
hwere fone Sowa the raver, Mrs. Copper
eseavered the bay had i draw apou
shere after they cerned —the body Seni
when diptinge it, wih ao eus Wats discovered
whovwe the rayctit eye aaweethe face utd
neck feoked very black. In the Jal, im
presence of Mrs. Cooper, Lew charged
Henry with bay bis rstigated him to eutite,
mitthe purece|er ant aise stated that Henry
tack: ta huisied » Canoe frou the land side
thatmecai seve tl otc ishind which Hen
ry a lranstie st ee an re

Lr. Vbtiiee Ce pe tahat he evaniined the
Jmalycaftes 4 duet crerme ita the ohtsh Was
frean the bonipee

fracttae fan lac ges tet savht
stated Ulrst renal,

othe back of vie Tew -
Perce Was regucnt dots prediice
‘ture ied net tat ttiptaik Bis bt eoutd lave.
Heer caucr ed by the fall described by Mes.
i Caoper.
For the defences, Col. Joyuer deposed = |
Phat Lewis had made contradictory states
ments—that when Lewis Was at work on|
the Live-Oak plantation, he came over to)
see him, and said that if he was nut reniov:|
led fromthe Live Oak plantation, 1 Je ue!
Meal upon the Navy Yard. ¢

cal Pete Te rete ne shooeted

LT ee AE ee

meh a frac!

* gnycreal Wott
i Hoya oreant
tah 2 wt

teal!

FLORIDA TIMES-UNION (Jacksonville), Tuesday, 20 December 1927, page 17

Board Refuses .
: Clemency Plea.

| oe |
‘Henderson Scheduled to Die

i
’

The Associated Press.
| TALLAHASSEE, Dec. 19.—The State |
| Board, of Pardons late today refused to
interfere with the electrocution of |
William Henderson. scheduled to <cie
; in the electric chair at Raiford at 10
| o'clock Wednesday morning. for the
murder of Antonio Requirio, Ybor City

restaurant proprietor.

The action of the board was almt-
lar to that taken last week in the
case of Thomas Costello, who aiso was

| Castello was electrocuted last Tues-
day. : P

wee Oo

restaurant proprietor, was electrocuted
at the State Prison Parm at 10:12
o'clock this morning. He was pronounc-
ed dead four minutes later.

Henderson was calm today and
shortly before going to the chair he

Authorities vevealed today that he

special precautions were taken to pre-
vent another effort.

His mother, Mrs. Charles Henderson
and brother, Tom Henderson, of
Blountstown, Fla. visited the con-
demned man a short time before his
execution. His mother elaimed his body
and it will be taken to Calhoun foun.
ty for burial. .
Henderson maintained his tnroce-ice
to the last. He told his mother and
| Prison attendants. however, that “I am
ready to go to a better land I am eat-
isfied to die.”

Tom Costello, an accomplice itn the
murder of Antonio Regueria was eiec-

Costello was charged with firing she
shot that killed Regueria, while Hen-
Gerson was alleged to have stolen 9300
from the cash register. The riaying
was the culmination of a series of rob-

| toes in widely separated eectiuns of

city,
he was the last of five inur-
Gerers. to receive the death sentence in

this section of the state, alt that
Arthur. Reed. convicted of k 4
%. Biuefleid, Springs police-

man, was commuted to life imprisan<
ment. Besides Henderson and Costelia,
the others put to death were Lguis
Curtis, also convicted of the murder of
Bluefield and B, FP. Levins, wh> caused
the death af five members of a family
ache last May with a railrsed spike
maul.

The execution of Hendereo1 was also
the final one set for 1927 and no others
are how pending.

Two negroes, lt Kirgland and
arvey,

to have gone to the chair during the
first two weeks of November, but a

a
ad

~—o—

"9 abed //z6T aequieoag zz ! Aepsanui, ‘(STTtTAuosyoer) NOINN-SASWIL WaIYo1d

Executed killer Henry buried |

QUNICY — (UPI) — Executed killer Ortando civil rights activist. amily members led her from
James Dupree was buried Sunday Lowery, who met with Graham two the side 0 the gay plese cote which
with his mother “have mercy on months ago to plead for the life of David .was flanked by four floral wreaths from
me” and a civil minister Leroy Washington before his execution. anti panistmeot groupe.
for forgiveness for - Bod Graham told the predominantly black crowd the “It is not enough to ask forgiveness |
Florida voters. , Geath penalty has racist and economic for a governor who has signed more
“Bost of the people in this state who overtones. - Geath warrants than other governor
capital punishment could not He said society is to blame for in history,” Lowery of Graham, who
the switch,” said the Rev. Joseph executions and for producing leaders has j 89 death warrants. Nine of
» head of the Southern Christian who favor the death penalty. those SerSH Era:
“all pelled the ealsch tc: Domen Bradwell clea qoletty hicagh Lew ear ask forgiveness
or ” we quietly “It is not enou
About 65 mourners red under a ery’s eulogy as a younger x -wormen stood for a Supreme that thinks “it ~- >
blue canopy in the County over her waving a an in the possible to kill people f said
» ust two miles from Henry's sweltering heat. » pastor of the Cen "United

cemetery 5

pr parole piesstttea aD ope gether fr ' As the SCLC leader bent to kiss her Methodist Church in Atlanta. “We must-
who died cheek afterward, she shouted, “Have, ask forgiveness for all of us, for we are

Thursday in Florida’s electric chair. ~ Gal Blas 80 belp sae, Gulp uptueca oats Florida. We pl pis the deat wh the

me. t who ap-
Sl-yeat-old - Tm going hyugh ts the Supreme Court.

{
ae psiead Rega ease PES eH Bue Saat iteene ged tage )

wn.

Waukegan, Illinois

-2A~NATION THE NEWS- SUN, Thursday, September 20, ‘1984

Florida —
a executes:
slayer —

S STARKE, Fla. (AP) — James
Henry, who denied killing an 81-
year-old civil rights leader, died in
the Florida electric chair today.

Henry, 34, electrocuted minutes.

after a court-imposed stay expired,
was the ninth person executed in
Florida since 1976 and the second
this month.

AG eee ee The. execution was carried out » Z
Ses at de etna ay despite pleas from national civil
; - Tights leaders that the black inmate.

be spared. |

My final. words are I am-

innocent,” Henry told the witnesses

before a dark mask was lowered

over his face.

About 30 demonstrators — a few
supporting ‘ capital’ punishment —
held vigils in a pasture across the
street from Florida State Prison as a
black-hooded executioner put Henry
to death with 2,000 volts of
electricity. administered over 60
seconds, :

He was pronounced dead at 7:09
a.m., four minutes after the

an electricity was turned off.

The Supreme Court on Wednesday
turned down Henry’s appeal in‘a 7-2
decision. But the court prevented the
first double execution in the nation

in 19 years when it rejected 8-1 a

James Henry —

“request by State “Officials to =
electrocute convicted . _ child-killer pe

Bs ian cocci °

be Ae

Aubrey Adams today. ~

Henry was convicted of the March E

24, 1974, murder of aoe Riley of
Orlando. —
At a prison news" conference,
Henry maintained his innocence, but :
apologized to the dead man’s family.
“Most of all I would like them to
know — and this is not an admission

of anything — that I’msorry for their

grief,” he told reporters Tuesday. “I
know that’s not a whole lot, but it’s
from my heart.” -

The condemned man _ was
awakened at 4:30 a.m. and ate a last
meal of oysters, hot sauce,

cantaloupe and_ grapefruit juice.

“T’ve never had oysters before,” he
_ Said, s tt eee ie fet Lory

ii . ‘ 7 TR

_— “INVENTORY: 9

SOURCE OF DOCUMENTATION
NAME: — To hn Honey (TITLE, DATE AND PAGE#)
SEX; , hot

TAM w77 Bare
i '€

OFFENSE: Whe 12¢cping From FCT LA yY-y-1702 ue
DATE EXECUTED: ferd FO (We Y-S.7 7% 6% /: 3
county: sumtin u:

AGE:

NAME: Love OG aye
RACE: , j

AGE: |

RELATIONSHIP |
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erway yet wo puant ad gad fu warli/ ke rege

BACKGROUND

Vike
INFORMATION: hanger bet pi a Legal Man

DATE CRIME Sal) fpr A Ino

COMMITTED: i
DATE OF | Aeril tes 1962

SENTENCING:

DAY OF THE

OFFENDER
RESIDENCY:

MEDIA ACCOUNT
OF CRIME: John

a Man.

fene4 hile escaping trom prison shot ard filled

| | nee he
MEDIA ACCOUNT a ae Hr ute Whe pews people wre Se Ans 1ov$

OPERAS a ae Jdge had to Wadeaff Aimaef ty He myo

si fo Sarr fhe negro trom lyn cheng « ¥ 3

MEDIA ACCOUNT 2, Line odd aff Yhe jal and with fhe whet Pow

OF EXECUTION: : gee
| untedang , Avrg him

METHOD: reg cn TIME: |/4S -

. .

STAYS OF ee oy | -

- EXECUTION: / . A lad of fumurkehty Quick pote bicauae oth S#
would have beer fynckedd - :

A : ‘ : d ic *
EXECUTIONER: <u qovertor ordeucl ip and the judge + shruff and oki, aaa

WETMESSES: Pyctlcally Yr whole wouw of Sembee

RITUALS: _—

) | =e

LAST W@RDS: had Y¥. were fo S. , ana Whe Sear thle.

OTHER INFORMATIONS 77 4. wae A block man Fh and Llled onthe

men (protably while) and fe pewnyerze hiCame 4 P of
nl wold har Killedl the neyo fad 4 Pet have fee

He pidge + sherdf who pretecli tim anc watt yy
WL jt Pe > Agel SN CATNEZ .

HENDERSON, Robert Dale, white, elec. FL (April 21,

— whe x bridge

HENDERSON vy. DUGGER
Cite as 925 F.2d 1309 (11th Cir. 1991)

“goods, wares, or merchandise” in §§ 2314
and 2815 is. critical. ,The limitation which
this places on the. reach of the National
Stolen Property Act is imposed by the stat-
ute itself, and. must, be. observed. See
Dowling at: 218, 226, 105 S.Ct. at 3138,
3187.

“Federal crimes, of course, ‘are solely
creatures of statute ...,’ ” Dowling, 478
US. ,at 218, 105 S.Ct. ns 3181 (citations
omitted). The ‘language of the statutes
involved here does not ‘support the govern-
ment’s broad-ranging interpretation of
§§ 2314 and 2315, and even if this were
less apparent, the ambiguity concerning
the ambit‘of the criminal statutes should be
resolved in favor of lenity. See Rewis v.
United States, 401 U.S. 808, 812, 91 S.Ct.
1056, :1059,. 28. L.Ed.2d 493 (1971). Since
the government could not establish that the
defendant ain nei: sta transmitted or
transferred «: interstate commerce
(§ 2314), or Ce seiveds possessed, concealed,
stored, bartered, sold or disposed of
(§ 2315) any physical “goods, wares or
merchandise ...,” the indictment was prop-
erly dismissed. |
. AFFIRMED.

KEY NUMBER SYSTEM

“umz) .

f- 2I- 13°

Vv.

Richard L. DUGGER, Secretary, Florida
Department of Corrections,
Respondent-Appellee.

No. 88-3680.

United States Court of Appeals,
Eleventh Circuit.

Feb. 20, 1991.

State prisoner convicted of murder and.

sentenced to death, 463 So.2d 196, peti-
tioned for writ of habeas corpus. The

1993

1309

United States District Court for the Middle
District of Florida, No. 88-54-Civ-Oc-16,
John H. Moore, II, J., denied the petition,
and petitioner sppenled. The Court of Ap-
peals, Clark,, Circuit Judge, held that: (1)
petitioner’s inculpatory statements to offi-
cers were not obtained in violation, of his
right to counsel, as statements were initi-
ated by petitioner after he invoked his right
to counsel; (2) petitioner did not demon-
strate prejudice necessary to. excuse proce-
dural default on .issue of pretrial publicity;
and (3) jury instruction did not improperly
shift burden of proof to defendant, with
respect to apptopriateness of a life sen-
tence.

Affirmed. -

1. Criminal Law ¢412.2(5)

When an accused has invoked his right
to have counsel present during custodial
interrogation, valid waiver of that right
cannot be established by showing only that
he responded to further police-initiated cus-
todial interrogation even if he has been
advised of his rights. U.S.C.A. Const.
Amend. 6.

2. Criminal. Law ¢°517.2(2)

Defendant who invoked his right to
have counsel present during custodial inter-
rogation validly waived that right before he
confessed to certain ‘crimes, where defen-
dant himself asked question initially of offi-
cer that could have been taken as relating
to his crimes, and confession was in re-
sponse to officer’s broad question which
did not bring up ongoing criminal investiga-
tion, and to which defendant could have
given many replies but to which he gave a
specifically incriminating answer. U.S.
C.A. Const.Amend. 6.

3. Criminal Law ¢517.2(2)

Defendant’s tape-recorded confession
was admissible even though he was repre-
sented by counsel and initially remained
silent in response to officer’s questions con-
cerning murders, where officer asked no
more questions, but defendant subsequent-
ly, unprompted, gave the confession, after
first saying that he would trade confession

Sew

CLARK, Circuit Judge:
Robert Dale Henderson appeals the dis-

trict court’s refusal‘ to ‘grant the writ of.

habeas corpus. — Henderson asserts nine
grounds for: reversal: the violation of -his
right to counsel during the taking of ‘his
confessions, prejudicial pretrial publicity,
the ineffectiveness of his mental health
expert, his involuntary absence from sever-
al proceedings, the overbroad construction
of certain aggravating factors, an errone-
ous charge to the jury concerning the pre-
sumptions they were to apply in the case
that they found’ at least one aggravating
factor, the use of nonstatutory aggravating
circumstances in setting his sentence of
death, the refusal of the trial judge to
instruct the jury as to their merciful discre-
tion, and ineffective assistance of counsel
on direct appeal to the state supreme court.
We find none of these claims compelling,
and’ we affirm.

I. BACKGROUND

The Charlotte County, Florida, police re-
ceived a call on February 6, 1982, reporting
an auto burglary. ‘When officers arrived
at the scene, appellant Henderson surren-
dered himself and stated that he was want-
ed for murder in several states.
Henderson had apparently made the call to
the police in order to facilitate his surren-
der. During questioning by the Charlotte
County authorities, Henderson implicated
himself in two murders that had occurred
in Putnam County, Florida. Henderson
soon invoked his right to counsel, and the
Charlotte County public defender’s office
was contacted.

As a result of the stateménts to the
Charlotte County police, Putnam County
Officers Bakker and Hord arrived to trans-
port Henderson to their jurisdiction on Feb-
ruary 10, 1982. Ata formal hearing dur-
- ing which Henderson was turned over to
Bakker and Hord, the Putnam County offi-
cers were presented with a form that
Henderson had executed, invoking his right

1. Henderson v. State, 463 So.2d 196 (Fla.), cert.
denied, 473 U.S. 916, 105 S.Ct. 3542, 87 L.Ed.2d
665 (1985); see also id. at 198-99 (setting out
further factual details of the crime).

PS a
Ran Wa 7
oe Ana Sha
AQ seems

e
HENDERSON v. DUGGER 1311
Cite as 925 F.2d 1309 (11th Cir. 1991)

to counsel and stating that he would not
talk to the police under any circumstances
without his attorney present. Se

At the end of the approximately five-
hour trip: to Putnam County, Bakker and
Hord : obtained a. written . waiver . of
Henderson’s previously invoked rights to
counsel and silence, and Henderson. con-
fessed to killing three hitchhikers in Her-
nando County. Henderson also agreed to
show the officers where the, bodies were.

On June 2, 1982, Henderson pled guilty
to the Putnam County charges, for which
he received two. life sentences.. After-
wards, he was transported to Hernando
County. During. the trip, , Officer Perez,
the transporting. officer, encouraged
Henderson to make. further. incriminating
statements. Henderson at first refused
but eventually talked to Perez. about the
Hernando County murders. yey

Due to excessive -pretrial publicity,
Henderson’s trial on the Hernando County
charges was moved to Lake County, Flor-
ida, approximately thirty miles from Her-
nando County. The prosecution’s case, in
the guilt phase was based on the testimony

of Officers Bakker, Hord, and Perez. The.

defense presented no evidence. Henderson
was found guilty by the jury on November
20; 198205 225.6072 Sia <

Evidence introduced by. the prosecution
during the sentencing phase included cop-
ies of the Putnam County judgments and
the testimony of Officer Perez as to a
statement made by Henderson allegedly
showing lack of remorse. _. Henderson
called a reporter to testify as to
Henderson’s personal history.

The jury recommended death, and the
trial judge imposed a sentence of capital
punishment, finding three statutory aggra-
vating circumstances and unspecified non-
statutory mitigating circumstances. On di-
rect appeal, the Florida Supreme Court af-
firmed Henderson’s conviction and sen-
tence.! Henderson’s state habeas proceed-
ings were unsuccessful.2 The United

2. Henderson v. Dugger, 522 So.2d 835 (Fla.1988).

eae D

sd
bs J

1312 | 925 FEDERAL REPORTER, 2d SERIES

States District Court forthe Middle Dis-
trict of Florida denied Henderson’s applica-
tion for the writ on June 21, 1988.
Iles EDWARDS: VIOLATION
[1] Henderson’s primary claim for re-
lief on appeal is that his inculpatory state-
ments to Officers Bakker, Hord, and Perez
were obtained in violation of Edwards v.
Arizona’ Edwards holds that “when an
accused has invoked his right to have coun-
sel present during custodial interrogation,
a valid waiver of that ‘right cannot be es-

tablished by showing only that he respond-
ed to further police-initiated custodial inter-

rogation even if he has been advised of his -

rights.” 4’ Henderson argues that it was
the police-who ‘initiated the conversations
that led to his confessions. ‘There are two
relevant confessions, one to Officers Bakk-
er and Hord, the other to Officer Perez.
We will discuss each in turn.

A. ..The Conferion to Bakker and Hord

[2]. Prior to being turned over. to the
Putnam: County ° officers, Henderson
through counsel gave the officers an “Invo-
cation of Right to Counsel” form: that ex-
pressed his ‘desire not to talk with the
police without an attorney present. Dur-
ing the car trip from Charlotte County to

Putnam County, Henderson and Officers

Bakker and Hord exchanged casual conver-
sation, covering such topics as Henderson’s
marksmanship skills and his frequent head-
aches and insomnia. No subjects touching
on Henderson’s crimes were broached.
When the police vehicle reached Crescent
City, Florida, inside the Putnam County
line, the officers stopped the car at the city
police station to call their supervisor and
inform him of their arrival within the juris-
diction. When Bakker went inside to maké
the phone call, Henderson asked Hord what
was going to happen next. Hord testified:

I explained to him that we were in Put-

nam County, that Sergeant Bakker was

calling the chief of detectives just to tell

3. 451 US. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378
(1981).

4. 451 US. at 484, 101 S.Ct. at 1884-85 (footnote
omitted).

him that we were’ hére.’» [Henderson]
wanted to ‘know: what: we, would. ; do
then... Itold :him;.it ;was. up ,to ;the
- captain, but, more than likely. we'd, be
heading to: the, Putnam. County. Sheriff's
Department to the detention facility.:,He
kind of looked. at me:like.it. was just, “Tg
that all,” and I asked him what it was he
was trying to tell me. ;;He indicated that
_ he wanted—he. thought: he. wanted to. as-
sist. me in finding some. bodies. . I told
him that:he was not.in a, position. to, think
he wanted to.do something, that, he. shad
to make up his mind, and he said. that he
did want to help. me in my investigations.

Hord further explained. the expression: on

Henderson’s face:; “=...
Well, it was just. kind re a look on ‘his
face like, ‘““You’ve got to be kidding;’’ you
know. “Here I: ami: .I know. all. these
things, and all you’re going ‘to do is take
me to jail.” It’s hard to. describe .an
expression.

Following this conversation, Officer Bakk-

er was called back to the car, and he testi-

fied:

I went back. uk ‘there ait I re-advised
him of his rights. . I told him in great
detail that he did not, have to discuss that
_ with me, and that. if he did, he was going
-against the advice. of, the Public Defender
Woodard. He. said he wanted to discuss
that matter.and. that he was. concerned
about the proper burial of the three.

In front of four witnesses, Henderson
signed a waiver form that the officers had
prepared prior to the trip. Henderson then
led the officers to Hernando County and
the bodies of three previously undiscovered
murder victims. Because Henderson asked
not to talk about the details of the mur-
ders, the officers did not question him fur-
ther. | .

These facts support the conclusion that
Henderson “evinced a willingness and a
desire for a. generalized discussion about
the investigation.” 5 Prior to their arrival
in Crescent City, Henderson and the offi-

5. Oregon v. Bradshaw, 462 U.S. 1039, 1045-46,
103 S.Ct. 2830, 2835, 77 L.Ed.2d 405 (1983).

— Sone nh et

hodiDd Trues-C

Jae

ye i gfoding Vedeetadt Ene tg wed it 45 e ; Svea Na
Jseeph , Henderson » Colored, ‘Pays
a was bd Boge * owe oes a : ‘t rg a ae
cysthe Penalty for’ His Crime.
wth %, 9 VE as, an rae

ae Sy RMSE ‘ah 8 bey :

le , y fo mek
?,

Be Murdered” aw” ota Umbrella

Mender at Cocoa tor Min Meney,

ee | Smevennful Rreention, ‘
ity

gee nN
| . . '

Trusville, March %.—The execution of
Joseph | Henderson, Colored, was Carried ;
out hero at preclaely 10:43 a. m. Friday,
The public was not admitted inaide of tho
high board fence that Inclosed the. Jail,
and very fow persona witneszed the hang.
Ing. A ble crowd apsembled outaide, but
no demonatration Of any kind occurred,
Henderson's neck was broken by the fall, .

ty without the quiver |

'The crime Henderson explated wan th
unprovoked murder and robbery of
old umbrella mender, a white Man,
John “Hurt, ‘at-Cocon, ‘Henderso
reated on J&unuary }, and, Circuit Court}
¢ placed on/|
trlal, was found Bullty ofmurder jn the |
first degree on’ Januar; 4 And on January

@ the :factn that on

murder, Henderson

d. engaged vn sult clothes

ald, that he. ad then
wend

The next. day he ro.

With: the money.’ which he had
taken from ‘the murdered umbrella: mend.
er, and secured ‘the clothes. |

63-4).

jon .

/ Awd

Meron 31,118 /

State electrocutes man who killed 12

lo2laz Ga:nesuitle Sun @ Br
By DAVID GREENBERG

Sun staff writer

STARKE — Murderer Robert Dale Henderson
was executed at Florida State Prison on Wednes-
day morning while a battle of words took place
outside between death-penalty opponents and
family members of one of his victims.

Henderson, 48, an Ohio drifter who confessed to
the murders of a dozen people in six states in a
two-week period in 1982, was pronounced dead at
7:10 a.m. He received the death sentence for the
murder of three hitchhikers he picked up on US.
19 in Hernando County and life sentences for the
murders of retired doctor Murray Ferderber and
store clerk Dorothy Wilkinson in Palatka.

The 30th inmate to die in Florida’s electric
chair since executions resumed in 1979, Hender-
son was the first blind inmate to be put to death.

Death-penalty opponents anger family members

He became blind in prison because of a parasite
that infected him as a youth.

It became certain shortly after midnight that
the execution would go on as scheduled when the
US. Supreme Court denied the last effort at a stay.

When asked by Florida State Prison Superin-
tendent Everett Perrin if he had any last words,
he said, “No, sir. I don’t.”

As prison doctors examined Henderson after
the execution, two of the state witnesses hugged
— Bushell Wilkinson, the son of store clerk Doro-
thy Wilkinson, and an unidentified woman be-
lieved to be the mother of another victim,
Lucinda Russell of Charleston, S.C.

While the scene inside the execution chamber
was relatively. quiet, it was much different

outside.

Denise Flanders, Wilkinson’s sougiili. ex-
pressed relief that the sentence was finally car-
ried out after 11 years.

“This is something I’ve waited for a long time,”
Flanders said. “The pain will be there for a while,
but this is an end. We can now go on with a new
beginning. It wasn't fair to us that he was still
alive.” :

As Flanders was speaking, several death-penal-
ty opponents, including University of Florida soci-
ology Professor Michael Radelet and Gainesville
attorney Susan Cary, tried to express their condo-
lences to the families of Henderson's victims.
They were told to go away.

“Did Robert Dale Henderson ask how our fam-

aad

ilies were doing?” screamed Flanders.

“We're not here to be against you,” Cary said.
“He had a family too.”

“He should have thought about that before he
killed a dozen people,” yelled Flanders.

When things quieted down, Radelet said he hac
been with Henderson until 5 a.m. Also among the

_visitors were Cary and six of Henderson's famils

members from Missouri and Texas.

“He expressed his heartfelt regret to the fam
ilies of his victims,” Radelet said. “He was ai
peace. He attributed his criminal behavior tc
drugs and alcohol.”

Radelet had been visiting Henderson frequent
ly during the last several weeks, bringing hir
books for the blind from the Alachua Count)
Library.

“I don’t recall all the titles,” Radelet said. “The\
See EXECUTED on Page 5B

EXECUTED

continued from Page 1B

weren't his requests. It was just what-

ever I could get from the library. One
was ‘Mutiny on the Bounty.’”

In a situation that has been fairly
common in the past, but has not oc-
curred in the last two years, two in-
mates were in the death-watch cells at
the e time. Inmates are moved to
the death-watch aréa after the gover-

~ nor signs a death warrant.

Vietnam veteran Larry Joe Johnson,
scheduled to die May 5, was moved to
the death-watch area last week.

| The facts

of the case

DALE HENDER-

ERT
m ROB Ohio drifter, con

SON, an

1982.

g HE RECE
SENTEN

ASSOCIATED PRESS

STARKE — A drifter who ad-
mitted to a dozen murders in five
states during a 1982 killing ram-
page was executed Wednesday in
Florida’s electric chair.

Robert Dale Henderson, 48, was
pronounced dead at 7:10 a.m., the
office of Gov. Lawton Chiles re-
ported.

Henderson was led into the
death chamber at 7:01 a.m. When
the superintendent asked if he
had any final words, he replied,
“No sir, I don’t.”

The inmate remained stoic
while being strapped into the
wooden electric chair; his expres-
sion never changed, nor did he
blink, while staring straight ahead
during the two- to three-minute
process.

At 7:05 a.m., a black-hooded ex-
ecutioner turned a switch that re-
leased 2,000 volts and 14 amps of
electricity into Henderson’s body.

He surged backward and slight-
ly upward; a puff of white smoke
rose from his right leg.

About halfway through the two-

_minute cycle, his body shuddered
.Slightly and a small cloud of

smoke drifted up from his leg.

“Outside the prison, the daugh-

¥
\

ASSOCIATED PRESS

Robert Dale Henderson (left), shown with his attorney in 1988, killed
12 people before turning himself in to a Charlotte County deputy.

ter of Dorothy Wilkinson, one of
Henderson’s victims, got into a
shouting match with death penal-
ty protesters.

“Did Robert Male Henderson
ask how our fargily was doing?”
Denise Flanderg asked. ‘““We’ve
been going through this for 11
years.”

“He has a family too,” replied
Susan Cary, a Gainesville lawyer
who works with death row in-
mates.

Michael Radelet, a University of

”

Florida sociology professor, said
he spent the night outside Hen-
derson’s cell.

“He expressed remorse for his
crimes, his heart goes out to the
families of his victims,” Radelet
said.

The U.S. Supreme Court reject-
ed two requests by Henderson to
stay his execution in decisions
handed down around midnight.
After getting the news, “he was at
peace,” said the professor, who
added that Henderson blamed al-

The Orlando Sentinel, Thursday, April 22,1993 B-5

Drifter who went on 5-state killing rampage is executed

cohol and drugs for his crimes.

He was sentenced to death in
1982 for the slayings of three
hitchhikers he picked up toward
the end of a 19-day murder ram-
page that started Jan. 14, 1982, in
Ohio and continued through
South Carolina, Mississippi, Lou-
isiana and Florida.

Henderson was condemned for
the fatal shootings of David Ver-
non Odom, 27, of Clarksdale,
Miss.; Robert Lee Dawson, 18, of
West Helena, Ark.; and Frances
Bell Dickey, 23, of Batesville,
Miss. The three hitchhikers were
bound with adhesive tape and
shot in the head. Henderson told
authorities he thought they were
going to kill him.

He was arrested Feb. 6, 1982,
after turning himself in to a Char-
lotte County deputy sheriff cruis-
ing a shopping center parking lot.

In his appeals, Henderson
claimed the trial judge’s instruc-
tions to the jury on imposing the
death penalty were vague and un-
constitutional, that certain evi-
dence was withheld and that his
appellate lawyer did a poor job.

A high school dropout from Es-
ther, Mo., Henderson moved from
Canada to Florida to South Amer-
ica, taking myriad small jobs. In
1977, he was jailed in Laramie,

Wyo. for tying up a woman and’
stealing milk, cookies and $7 from:
her house.

In late 1981, he married Donna
Barnett and moved to a mobile:
home in Cherry Fork, Ohio, about
a mile from her parents.

Two months later he began hig
killing spree with the murder and -
rape of Jerilyn Stanfield, 30, on
Jan. 14, 1982, in Batavia, Ohio. A
week after that, he killed his
wife’s parents, Ivan and Marie
Barnett, and their son, Clifford,
11, in their Cherry Fork farm-
house.

He said his other victims includ-
ed a 21-year-old model, Lucinda
Russell, in Charleston, S.C.; night-
club owner Sam Corrent in Baton
Rouge, La.; Cheryl McDonald, 37,
of Pascagoula, Miss.,; store clerk
Wilkinson, 50, in East Palatka;
and retired doctor Murray Fer-
derber, 79, near Palatka. |

Henderson was sentenced to lifé
in prison for all but the Louisiana
and Mississippi killings, for which
he was charged but never tried.

Henderson was the 30th inmate
to die in Florida’s electric chair
and the 199th executed in the na-
tion since the 1976 U.S. Supreme
Court ruling allowing states to re-
sume use of the death péhalty.

quietly to
his death |,

m@ Robert Dale Henderson is executed
for murdering three hitchhikers in |
Hernando County in 1982... |

Ylr2( 4a gr B an -
By WES PLATT

Times Statt Writer St. Rete Tem es

STARKE — Eleven years after he admitted
killing a dozen people in a 19-day spree in several
states, Robert Dale Henderson died in Floridg's
electric chair Wednesday mornijng.

An anonymous executioner administe d
2,000 volts of electricity to the 48-year-old ’
er about seven hours r

fused to grant a stay.
Authorities pronounced
him dead at 7:10 a.m.
Three dozen people,
cluding relatives of at le:
two of his victims, watc
as Henderson was led i
the death chamber. He w
a white dress shirt and b
Robert Dale slacks, in which he would
Henderson buried.
had no final As Florida State Prigbn
words before officers bound Hendersog’s
his execution. —_ arms, legs and chest to
wooden chair with leather
straps, he stared unblinkingly ahead, facing the
witnesses.

Prison superintendent Everett Pertin held a .

COO Qe"

microphone to Henderson’s mouth. He asked if °

the condemned man, who killed three hitchhikers
Please see KILLER 68

the U.S. Supreme Court ¥e-

ee ‘i ]
ilier Rom 1s te
in Hernando County, had any iast
words.
“No, sir, I don’t,’’ Henderson
replied.

Officials strapped his shaved
head to the chair. They put a cap
with a black leather cow! on his
head to conceal his face. Elec-
trodes were attached tp the cap
and his right leg. That done, Perrin
signaled the executioner.

About a minute and a half later,
Henderson’s body relaxed.

Across Raiford Road from the
prison in Bradford County, four
death-penalty protesters took
turns waving a placard at motor-
ists. “NO MORE,” it declared.

“It wasn’t fair to us,”’ Denise
Flanders said Wednesday, refer-
ring to the time it took for Hender-
son to die. In 1988, he gyoided
eléctrocution’ by eight hoygg, “He

_. Wag sittipg in there for free, eating
- eg ng getting medical care for
free. Meanwhile, -we've been

through this for 11 years.”

Flanders’ mother, Dorothy
Wilkerson, a clerk in a Putnam
County western-wear store, died
whep Henderson shot her in the
head so he could steal aboyt $40
from the cash register.

He was convicted in that killing
and another in Putnam, but was
‘sentenced to life in prison.

» «The. killings in Hernando of
three hitchhikers he picked up in
the Panhandle resulted in the
death sentence, >. 7 0

Dr. Michael Radelet, a Univer-
sity of Florida sociology professor,
Said he spent the night outside

_Henderson’s cell.

""“H éxpréssed remorse for his
crimes. His heart goes out to the
families of his victims,” Radelet
said, “He attributed his criminality
to drugs and alcohol. Nobody in the
state of Florida knows more than
Robert Dale Henderson the horror
of his own crimes.”

When word came that the U.S.
Supreme Court had denied two
requests to stay his execution,
Henderson “was at peace.”

“After he realized it was lost
last: night, he spent a very quiet,
peaceful night’’ with relatives from
Texas and Missouri, Radelet said.
He did not meet with a member of
the clergy.

Henderson’s last meal: steak,
lobster, tossed salad, bread and
butter, and soda.

He was the 30th inmate to die
in Florida’s electric chair since the
1976 U.S. Supreme Court ruling
allowing states to resume the
death penalty.

SORE Riaine 08 sso Sop.

ES NATIONAL THURSDay, APRIL 22, 1993

a ee RI cap ay eg eg

OG AI

I yt TG PO Ca NN Ce oe

2, searching
d four teeth,
bag of lime
: the dispos-
isbow. —'
‘ested after
Stine Scria-
. Hightower
car to her
d had asked
an unidenti-
She said he
ad two sons
i@ Brendels,
no danger.
Ly to begin
recommend
fe in prison
sion on sen-
luld then be
a of Provi-
yurt.

Florida Executes Killer of 12

STARKE, Fla., April 21 (AP) — A
drifter who admitted killing a dozen

people in five states in 1982 was execut-].

ed today in Florida’s electric chair,
hours after the United States Supreme
Court rejected his appeal.

The killer, Robert Dale Henderson,
48, was pronounced dead at 7:10 A.M.,
said the office of Gov. Lawton Chiles.

When asked if he -had any final
words, Mr. Henderson replied, ‘‘No, sir,
I don’t.”

He was sentenced to death in 1982 for
the slayings of three hitchhikers he had
picked up near the end of a 19-day
killing spree that started on Jan. 14 of
that year in Ohio. Along the way he
also killed people in South Carolina,

Mississippi and Louisiana before end-
ing the spree in Florida.

The Florida hitchhikers, two men
and a woman, were bound with adhe-
Sive tape and shot in the head. Mr.
Henderson told the authorities he
thought they were going to kill him.

‘In his appeal, which was rejected by
the Supreme Court on Tuesday night,
Mr. Henderson asserted that the trial
judge’s instructions to the jury on im-
posing the death penalty had been
vague and unconstitutional, that evi-
dence had been withheld and that his
appellate lawyer had done a poor’ job.

He was arrested Feb. 6, 1982, after
turning himself in to a patrolling sher-

iff’s deputy in Charlotte County. ,
Mr. Henderson, a high schoo! drop-
out from Esther, Mo., said he first
killed a woman in Ohio. A week later,
he said, he killed his wife’s parents and
their’ 1l-year-old ‘son in their Ohio -

‘| farmhouse.

He said his other victims included a
21-year-old model in Charleston, S.C.; a
nightclub owner in Baton Rouge, La.; a .
woman in Pascagoula, Miss., and a
store clerk and a retired doctor near
Palatka, Fla.

He was sentenced to life in prison for
all but the Louisiana.and Mississippi
killings, for which he was charged but
never tried. .

Mr. Henderson was the 199th person
executed in the. nation since the Su-.
preme Court ruling in 1976 allowing
states to resume use of the death pen-
alty.

ennscnina — ° ‘

aE cananamean =

venta

— —

2adie Shack:

or oe ee

ere, ng eS

Henry goes to his death —

DRT NT ES MN ate teenie oe,

last words. a am innoce ae

By Tom Scherbosger ts Bevis $
and Wendy Spirduso

OF THE SENTINEL STAFF

STARKE — Convicted killer
James Dupree Henry kept his
streetwise cool and his claim of
innocence Thursday morning as
he went quietly to his death in
Florida’s electric chair.-

“My fi final words are, I am inno-

cent,” Henry’said in a soft voice
as he sat strapped tightly in the
oaken electric chair at Florida
State Prison.

The 158-pound prisoner ould
not look at the guards as the

the black diets ale was iw:
ered over his face he briefly
clenched his fists and then re-
laxed them. He appeared almost
deliberately calm.

Within two minutes, 2,000 volts
of electricity jolted his body. His
muscles tightened, his back stif-
fened and both fists clenched. He
was pronounced dead by a prison

_ doctor at 7:09 a.m. ;

Henry, 34, was the seventh
murderer executed in Florida this
year, and the ninth since the ban
on capital punishment was re-
moved by the U. in Supreme Court
in Pgh

Bigase see » HENRY, A 8

O stands
: Sariteaned
q lo, (5

styaps were tightened. Just before-~ *°

heey ie ol a of

:
y
F
M4
;
4
f
i

From A-t 2 8

{
t
)
}

{ed of killing his next-door‘ neigh-

:bor, Z.L. Riley, 81, an Onlands

{ civil rights leader.

On March 24, 1974, Riley ° was
‘gagged and beaten as he sat
{strapped to a chair in his house

:on Sunset Drive. His throat was ~

; slashed, but he died from strangu-

! lation. He was robbed of $64.
Although soon after his arrest
{he admitted killing Riley, Henry,
«who is black, has since vehement-

ly denied involvement in the slay-
-ing. He insisted he was sentenced
_to die because he shot a white po-
slice officer who was trying to ar-
«Test him for the murder.
a -He shot Orlando Police Detec-

“five Ronald Ferguson, Henry said

in an interview five years ago, 18
days before his first scheduled ex-
ecution, because- “he didn't treat
me like a man.” ~— >
In his last interview, three days
ago, Henry said he was prepared
to.die and promised his fellow
’ death row inmates that he would
remain strong. ;
He kept that promise Thursday
, as two prison guards forcibly led
Phim to the chair. He held each
‘ handcuffed hand out, as if trying
: to hold off his death.
; .The execution was completed
{ five hours before Henry’s death
! warrant was to expire and 24
; hours after it was originally
: scheduled.
Less than two hours after con-
: ducting his last press conference
; Tuesday, the U.S. llth Circuit
' Court of Appeals in Atlanta grant-
‘ed Henry a 24-hour stay. The
; court lifted the stay Wednesday.
; Henry’s lawyers immediately ap-
‘ pealed to the U.S. Supreme Court,
- which-_rejected the appeal 7 to 2

} late Wednesday night.

’ Gov. Bob Graham had been
: asked by Jesse Jackson and Cor-
: etta Scott King to grant clemency
* to Henry. Graham, who has
' signed 88 death warrants since
taking office in 1979, said no.
Prison spokesman Vernon Brad-

The exschtttins came more an
; 10 years after Henry was convict-'

- ‘ford said prison officials gave

Henry the news. that he had lost

‘; his final appeal. He had been

somber before the news and told
guards that he was “ready to go”
either way. __

“From his cell he'd either go to

_ the left, to the death chamber, or

to the right, back to his cell on
the row,” Bradford said.

' He. remained quiet and some-
what somber the rest of the night,

’ Bradford said: His mother and a

girlfriend from New Jersey left
him at 1 a.m. Three sisters, two
brothers and four of his lawyers
also were with him during the
night.

Unlike other convicts who often
find God in prison, Henry was
never a religious. man. He asked
that a preacher not be present.

Prison officials woke Henry at '

4:30 a.m. Thursday for. his last
meal — a‘dozen oysters with

‘crackers and hot sauce, half’a

canteloupe and - grapefruit juice.
He had asked for the oysters; the
canteloupe and grapefruit were
added by the prison kitchen staff.
He ate all of it.

Henry said he wanted oysters
because he had never tried them
before. “He said they were okay,
but he didn’t want any more of
them,” said Bradford. There were
more oysters if he had eewsag
them, he said.

One of his lawyers, Richard Jor-

-andby, Palm Beach County public

defender, was among 12 official
witnesses to the execution.

Also present was,Orange Coun-
ty Sheriff Lawson Lamar, a for-
mer assistant state attorney who
argued against clemency for Hen-
ry. It was the first time Lamar
had witnessed an execution.

“I’m here to see the sentence ~

carried out,’ Lamar said after-
ward. “In any execution, there’s
no victory — I think there’s jus-
tice. No one was there to speak
for Zellie Riley when he was tor-
tured and killed ... I think what
happened today was very just.”
Lamar had invited Officer Fer-
guson to witness Henry’s execu-
tion, but Ferguson declined.
Orlando Police Lt. Steve Harrel-
son, who worked with Ferguson
on the Riley case and stopped

" Henry for questioning a few days

after the murder, also witnessed
the execution.
“This was one part of the crimi-

_ Mal justice system that I had nev-

er, first-hand, personally wit-
nessed,” Harrelson said. “I did it
to satisfy myself that there is jus-
tice in all parts of the criminal

‘justice system, and I am satisfied

this morning that there was jus-
tice here.”

As he was being strapped into
the chair, Henry winked three
times aid smiled at someone in |
the witness room. Harrelson
thought Henry: was winking at
CUI; 5
Although Harrelson said he
hasn’t seen Henry since before his
arrest, “I think he remembered
MOP")

_ Why would he smile at a white
police officer who stopped to

- question him 10 years ago? Har-

relson said he thought Henry was
telling him he didn’t hold a
grudge. :

As they have the day of every
execution, opponents of the death '

’ penalty gathered just before dawn :

in a cow pasture across from the |
prison. About 50 protesters, some !
holding candles, formed a circle
and explained why they had |
come.

“I am here because I firmly be-
lieve all human life is sacred,”
said one protester.

“I believe it’s wrong to teach
people that killing is wrong by
killing them,” said Christine Lo-
gan, a University of Florida
student.

About a half-dozen people who
favor the death penalty stood on
the other side of a fence to await
Henry’s death.

“I believe in coming out and
showing your support when you
really feel strongly enough,” said
Sheila Lee, 26, of Starke, who
said she has attended the nine
most recent executions.

As the witnesses signaled that
Henry was dead, the protesters
began to sing ‘‘We shall over-
come.” In the past the signal also
has prompted applause among
those favoring capital punish-
ment. There was no applause
Thursday.

by STEVE HULSEY

Lelie L. Riley’s nephew couldn’t understand why his elderly uncle didn’t
answer to his knock on the door at 422 Sunset Drive in Orlando, Florida. It
was Sunday, March 24, 1974, and the nephew had come to take Riley to
Sunday morning church services, but no one seemed to be home.

Curious, the nephew eased the front door open and called to his
81-year-old uncle. When the old man didn’t answer, the nephew decided to
check things out. At Riley’s age, you never could tell if something might be
wrong. His discovery told him that something indeed was wrong, but there
was nothing he could do but frantically call the police department.

Striking a defiant pose, convicted

murderer James D. Henry

(center) is led to a cell by Orlando

Detectives R.D. King (left) and
Charles Ings.

TRUE POLICE CASES,
Octeber, 1975

T.P.C.

Pallbearers
lie L. Riley
murder vic
civic leade

Police officers
call felt much th
sion as did the n
Riley sprawled «
room. A length
derly man’s hanc
gag was stuffed ir
dark pool of re
Riley’s slashed t!
the floor beneath
that bruises on t
that he had suffe
fore he died.

Orlando Dete
Larry Fraser we
and quickly beg:
sional investigati«
complete job,”> |
and his partner su

**Let’s hope it:
can’t find someth
replied Fraser

A motive for th
readily apparent \
located on the bo
cording to the ney

Alread)
nevel
was

warni

2 Gti case

4 James Due 7

Ries MARILYN. ‘KALFUS *-
_gtrteae: Staff. Writer.
ST ARKE ooh James. “DuPree.

T aAry, convicted of killing an eld-

“ erly black civil rights leader in Or- -
lando for $64, died ‘in the electric —
chair Thursday morning, after smil-
ing and winking tensely and then in-

_ sisting he did cis commit the 1 mur-
der. s, :
“My final words are: I

dea, Ie Ce? «

am inno-

State Prison Superintendent Richard
. Dugger asked if he tad: a eo state-
< ment.’ :

Ee coRaanena ‘man was pro-
nounced dead at 7:09 a.m., nine,

oly 2: . . ON Ask”

aioe et alle

G Vs

~cent,” Henry, 34; said when Florida: ”

minutes after two prison Officials led

. and weighing 158 pounds, ‘appeared?
“to hang back, but within seconds he’

city. of his, ‘birth. — Starke. 2”;
“Ironic, huh?” he noted when he:
met: with gginsd gee two Lm before:
fags execution.- cares hane gute Me
A niece of Henry’ S victir: Zellie
ke ‘Riley, reacted with relief upon.
learning that the death sentence was’

10 years.
“I feel now that aaa fas eka:
done,” Clara Turnage of Orlando -

told The-Tribune in a telephone in-”

terview. “But no death is joy. I’m not
saying I’m kicking my. heels up. ’'m |
~ not running out and buying drinks or |
- cigars. I'm glad it’s over. with.” -_

~-across the street from the prison :

aay the. Tea ‘death! ee
. chamber... Henry, standing .. 5-foot-8. &

was seated-in the chair.. Then” he: je ;
ee pi ‘almost® defiantly. ce, ae
: “Henry’s- -death took place. in the Bs

Sy 1 OE Rr oe
2ST Lh ene SA e
: i garis #3

: “James DuPree Henry
carried out.. Henry was on death Tow a3

: said. 4 g admitted. “killing Mr.

penalty pearing ha ndmade stents and
flowers sang “We Shall Overcome”
upon receiving word that Henry had.
been executed. Among the mourners
‘was one of Henry’s attorneys, Rich--
‘ard Burr: ‘of West Palm Beach.
“He wasn't innocent,” the lawy er

e EXECUTION, “Page. 14 A

Execution

* From Page 1A

For his last meal, he ordered a

. dozen raw oysters, because “I've -
never had oysters before,” Henry

told reporters at his press confer-
ence Tuesday. Prison officials said
he also ate half a cantaloupe and

.. drank a glass of grapefruit juice.

Henry had requested the press
conference to cal! the death penalty
a product of society's “sadistic aiti-
tudes” that exists only to “satisfy
that need to kill.”

And he continued to maintain his
innocence. :

Five years ago, he said he knew
who really committed the murder,
but wouldn’t name the person.
Asked again Tuesday, he would only
say, “I’m not gonna say.”

- Turnage, the dead man’s niece,
who said Riley was “like a father to
me,” called a statement she made
last week that Henry's life should be

* spared “a terrible misiake.”

She and ‘her sister Ermia ‘Cutts’
had ‘given Henry’s lawyers a sworn:
statement saying hie should spend’.
his life in prison at hard labor in-.,

Stead of being executed.
But Turnage said Wednesday she

and Cutts only gave that- statement.

because one of Henry's lawyers,

Susan Cary, “made us feel guilty.” |

Henry stole $64 from Riley when

he broke into his home on March 23,°

1974, and slit the 81-year-old man's

throat with a razor blade, Riley’
choked on his own blood and suffo-.

cated under a gag.

Riley was a tailor, loved in the
He said he knew where to find”
Riley’s credit card, left in a storm’

black community as a generous,
peace-loving leader. He was quick

with a handout for the needy and se- ;
* And Barnard once appealed to the
“Mr

cretly donated money to a. local
school band in the hope that neigh-
borhood youths would make music
instead of trouble.

Several hours after the robbery-. °

murder, Henry shot Orlando police
Detective Ron Ferguson with the
officer's own revolver as the officer
tried to arrest him. +

Ses “ Henry: received ‘a’ ie year! eens)
“t tence for: ; wounding Ferguson; £

“In recent days, Henry's public
dileniees have argued that he re-:

celved' the death sentence because
of racial prejudice. They said news.

paper coverage of the crime empha- °°

sized the wounding of the detective,

who: is white, over the murder of. .

Riley. Henry is black,
Stale prosecutors sald all of Hen-

ty’s defense arguments had already '

been decided, unfavorably, by state.
and federal courts.

.Henry made an emotional,
crying confession to police in 1974,

Sewer. He knew details of the killing.

Cabinet, for: mercy, saying,
Henry demonstrates a high degree
of remorse.”

Later, Henry said he was tricked

into confessing by police, who told:

him falsely that he had killed Fergu-
son, eves
Henry became the ninth man to

“be executed In Florida since’ Sthe US:
. Supreme Court’ reinstated the death
penalty in 1976: Florida ‘is’ the run":
away leader in the numberof execu’:

tions that have been carried out. -

~ Riley.” ce
Henry cohtdasea: “shortly: ‘after:
» the murder, but later: recanted, that seemed: to say, “I don't ‘have: any.
ee grudges. i ‘ :
But Burr said ‘ evidence - iat”
Henry was a battered child who suf- =

confession,; 2°33 3,4" fs

fered brain damage and was unable

to control. his anger should: have’

been introduced by. Henry's public

” defender.
: “He’s sorry. for everything that oe
happened,” another lawyer,’ Craig
Barnard, quoted Henry. as saying |
Several hours before the execution. ...°

After Henry: was seated in-the
velectric chair; his eyes searched the
‘faces among the 39 witnesses seated

before him, some as close as three

feet away. He was Separated from.--

them by a panel of glass.

One witness sitting directly in ‘-nis eyes downward, and seconds

front of Henry was Orlando Police

Lt. Steve Harrelson, -who «worked ««
with an officer Henry shot be’ore he *:

~ audible;

wer

SWwas ‘arrested’ for the ‘murder of fh thé af the. ‘electric: chair and picked up a i
“‘telephone with an open'line to Gov:

civic leader.“

® Henry winked at Harrelson, the 5 ::
“wasn't a Jast- “minute: reprieve. ‘There p

bur rly police officer speculated Jater,

-S because “I think, he .remembered

me.” In Harrelson’s view, Henry’s
smiles were . “apologetic,” . and

Henry’s left eye, cut ve a prison
‘riot, did not focus, making it difficult
* to tell exactly at whom he was smil-
ing and winking.

» » But his mood as he was strapped

* “Into the oaken, three-legged electric
chair, with electrodes attached to .

‘his shaven head and right leg,
~seemed.to be nervousness. —
-Henry’s final words were barely

» Statement, a black gag was. placed
over his .mouth. The tight strap
, tugged his nose to one side. He cast

later, a dark hood was draped over
‘his head..He trembled slightly.
Dugger went to the wal). behind

the microphone was not -
» working, and the witnesses strained
“to hear him. At-7:04, after his last.

Bob Graham, to make sure! there

was ‘none, i

The superintendent then nodded ny
to.-an anonymous; hooded’ execu- “3
tloner paid $150 in cash for the task “th
of throwing a switch that would end.

| Henry's life,

With that, 2,000 voits of electrics eS
ity raced through Henry's body; he:

jumped slightly in the chair, 3 Nists a

clenched, the veins tight. :

Less than a minute and a ‘half; ry
later he slumped down in the chair.;.

For a few moments,

er, three sisters and two brothers:
from Quincy,-and a woman friend’
from Patterson, N.J., prison officials’
Said. They sald Henry, a Baptist, did,
not request a clergyman. :

Burr said Henry told his family.

Don't cry for me.”

ae ‘doctor,
checked for a pulse and heartbeat, ;
_ Henry was declared dead. : i
_ He spent his final hours’ with’ |
family members, including his moth-'

es : oe

dear Ae hn hl

atime

» and girlfriend, “I love you. I'm OK.: ;

it just to be sure,
t area. They found

y than to get off

this old one
a week ago.”
w?”?

's a suspect,”
5; only seven,

w, who lived
. lad eagerly
id was crest-
d not have it
evidence in .a
it while play-
‘hborhood, he

yolis to aid in
Detective Ser-
and Andrew
1 police were
to trace the

cresting thing,”
of the kid who
wage where the
nly a couple of
seem to indicate
.e killers comes:

Wis

Yammond, Cap-

Sg Ng CRON HE

oe CER i i

Above we have the champion ticket hander-
outer of America—Traffic Officer Christo-
pher Aspall of Springfield, Mass. He be-
gan crusade against overtime parkers in 1945
and since then has handed out !23,073 tickets
—an average of 119 pay-up ducats per day.

all and Pel-
gation in.
; Povscsge =: Left: Allen J. Carbis Faleshouted escaped
“ from the Utah state prison, got to Seattle,

was stricken with remorse; walked into news-
paper office, called the warden, promised to.
return. Shown with two newsmen, Carbis said
the warden was "the finest man | ever knew."

rently are from
be able to trace
nding you copies

ely.” ‘
ieck of cab driv-
d to include all
st region, which.
ag, Calumet City
opulous commu-

ning, William P.
reported that he
jdle-aged man in
2 theater at 10:20
ing.
funny he wasn’t
‘aas said. “He told
len from him in
him to the 1500
t in Whiting.”
house there?” ’
| there. and waited

”

s were those of a_

1 houses for a two-
n the man.

ig,” Captain Singer
hiked some distance

ination.”
lead end in a case

Ra fe }

ea a

. page 78)

ith deed ends. tO Reed Leroy Hatton’ (left), 20-year-old 2 pris en Le of Teepect-old Alsi
sab driver ¢ ; eed Leroy on (left), 20-year-b convicted murder- The ten-year prison sentence of 73-year-old Al
\ been reading er, would rather die in the electric chair than serve a_ ended, “be at his own request he ar clad mendes
killers on the life sentence. He wrote Governor Fuller Warren of at Illinois’ Joliet Prison as a "guest." Reason: the ag
aich had been | | Florida to that effect, and above he shows a Miami re= prisoner suffers from cancer. He is shown with radio
porter the wired chair he will sit in if he has his way. earphones, and his ‘visitor is Warden Joseph. Ragen.

wf a5, 8 “45

Metadata

Containers:: Box 10 (2-Documentation of Executions), Folder 5
Resource Type:: Document
Description:: Ernest Harper executed on 1948-09-06 in Florida (FL)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 28, 2019

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