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Thread: Rickey Nolen McGinn - Texas Execution - September 27, 2000

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    Rickey Nolen McGinn - Texas Execution - September 27, 2000




    Summary of Offense:
    Convicted and sentenced to death for the March 12, 1992 rape and murder of his 12-year-old stepdaughter.

    On the morning of May 22, 1993, Janet McGinn, Ricky Nolen McGinn's wife, left her home in Brownwood, Texas for a trip to Arlington. She left her 12-year-old daughter, Stephanie Flanary, in the care of McGinn.

    McGinn and Stephanie spent the day alone together. Stephanie was sexually assaulted by McGinn and then beaten in the head with the blunt side of an ax. She died of multiple head injuries and a fractured skull. Her battered body was found three days later in a culvert along a farm-to-market road near McGinn's residence in Brown County.

    McGinn was granted a last-minute 30-day reprieve by Governor Bush to obtain DNA testing. Unfortunately for McGinn, the results of the DNA tests only confirmed his guilt.

    Victim:
    Stephanie Flanary

    Manner of execution:
    Lethal injection

    Time of Death:
    6:22 p.m.

    Last Meal:
    Chicken fried steak with white gravy, french fries with white gravy, lots of salt and pepper, and sweet ice tea

    Final Statement:
    "Tell everybody I said hi, that I love them, and I will see them on the other side, OK? And now I just pray that if there is anything against me that God takes it home. I don't want nobody to be mad at nobody. I don't want nobody to be bitter. Keep clean hearts and I will see y'all on the other side."
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Administrator Helen's Avatar
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    July 9, 2000

    Families of victims linked to McGinn decry his execution delay by governor


    HOUSTON - The family of two murder victims linked to condemned child-killer Ricky Nolen McGinn decried the delay in his execution at a demonstration Saturday.

    Gov. George W. Bush granted McGinn a 30-day reprieve June 1 to allow more time for DNA retesting of evidence recovered after the rape and murder of McGinn's 12-year-old stepdaughter.

    McGinn had already eaten his last meal and was just 18 minutes away from his scheduled execution by lethal injection for the May 1993 killing when Bush handed down the stay. It was the first time Bush granted a reprieve in an execution, 136 of which have been carried out under his tenure.

    About a dozen family members and their supporters accused the presumptive Republican presidential candidate of political opportunism in granting the stay, saying it unnecessarily forced them to revisit the crimes and suffer more grief.

    "If you don't put medicine on an open wound, it won't heal. It flares up," said Steve Ray Flanary, Stephanie's father, who pointed out McGinn's stay has already stretched past its intended 30 days.

    "It's a win-win case for Gov. Bush," said Richard Rice, an attorney representing Flanary's father. "It allows him to throw a bone to moderate voters who maybe aren't big on the death penalty and also to throw a bone to death penalty supporters."

    A spokesman for the governor's office said Bush's decision was based on his support for DNA testing in cases where guilt is in question.

    "In this particular case, DNA tests were conducted on McGinn shortly after the crime, and they were not conclusive. The actions Gov. Bush took were simply to allow the courts more time to use better technology to conduct the tests, so there would be no doubt about the results," spokesman Mike Jones said Saturday.

    The family of Christi Jo Eggers, a mentally impaired 19-year-old found raped and beaten to death in a Brownwood cemetery on Nov. 27, 1992, said the execution delay was a blow to it, too. Semen found in her body matched McGinn, testing revealed last November.

    "I don't care who he gets the needle for, just as long as he gets it," said Moszell Ham, Eggers' grandmother.

    McGinn was already on death row when the Eggers evidence was tested, and thus was never tried for Eggers' killing, Brown County District Attorney Lee Haney said.

    "The sheriff's office had pretty much thought from the beginning that he was involved in these other two crimes," Haney said, referring also to the rape-murder of 12-year-old Sherri Newman.

    Haney attributed the delay in testing to the fact that other cases took higher priority, and also to recent improvements in genetic testing.

    "The DNA testing has advanced tremendously, and it is now where they can make the comparisons they may not have been able to do a few years ago," Haney said.

    The same holds true for Newman's murder, Haney said. Detectives investigating the Flanary case discovered a possible murder weapon with Newman's hair on it in a home formerly occupied by McGinn's family.

    Semen recovered during her autopsy is now undergoing mitochondrial DNA testing to see if it matches McGinn, Haney said. Mitochondrial DNA tests allows investigators to work with small samples of evidence that were previously untestable, a fact

    McGinn's lawyers cited in their stay request.

    McGinn's lawyer, Richard Alley, did not return a call to his home seeking comment.

    Though she criticized Bush for issuing the stay, Ham said she favors DNA testing in criminal cases.

    "They should be sure before they put a man to death," Ham said. "If it were my child being executed, I would hope they tested a mountain of evidence to prove it."

    State District Judge Stephen Ellis cannot set another execution date until the evidence is tested by both sides and unless it shows McGinn to be guilty.

    Last month, Ellis ordered further tests on 18 pieces of evidence from McGinn's trial and leveled a gag order prohibiting anyone associated with the testing from revealing its results.

    Investigators identified blood found in McGinn's car and on an ax as his stepdaughter's. But subsequent DNA tests on a pubic hair recovered from her genitals and on a semen stain on her shorts were inconclusive.

    McGinn became eligible for the death penalty when it was proven that he raped Flanary in addition to killing her. Otherwise, the murder is punishable by up to life in prison.

    The Department of Public Safety Lab in Austin performed DNA tests on the blood, saliva and semen, Haney said. The FBI lab will perform mitochondrial tests on the pubic hair, with results expected by July 15.

    The defense will test the evidence themselves, after which time the results will be released.

    http://amarillo.com/stories/2000/07/09/tex_LD0664.shtml
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    July 13, 2000

    DNA test still reveals McGinn as killer


    HOUSTON (AP) - The family of the victim of condemned child killer Ricky Nolen McGinn is buoyed by a report that new DNA tests have failed to clear McGinn of rape and murder of their daughter and hope his execution delayed in June by a last-minute reprieve from Gov. George W. Bush soon will take place.

    "If it is true, then it would simply confirm what we knew all along, that Ricky McGinn is a cold-blooded murderer and rapist," said Robert Rice, an attorney for Steve Ray Flanary, the father of Stephanie Flanary, who was raped and murdered in 1993.

    "Hopefully it's getting to a point of closure now."

    USA Today, citing unidentified sources close to the case, reported in its Wednesday editions that recent FBI tests point to McGinn or a maternal relative as the source of a pubic hair found inside the body of Stephanie Flanary, 12, McGinn's stepdaughter.

    No other member of McGinn's family has been linked to the case.

    "If it is true, then it would simply confirm what we knew all along, that Ricky McGinn is a coldblooded murderer and rapist."
    Robert Rice - Victim's Attorney>

    The way Bush has dealt with the death penalty in 5 years as Texas governor has been a campaign issue as he awaits formal nomination next month as the Republican candidate for president.

    "Bush was playing politics with the situation," Rice said. "Bush was saying, 'I'll let you have DNA testing to show you I'm a fair guy.' But he picked the wrong case. It was absolutely ridiculous to put the family of the victim through this again after seven years. The reprieve has torn off the scabs of the wounds of the Flanary family, who was going through the final grieving process. They had to reopen that."

    A spokeswoman for Brown County District Attorney Lee Haney said Wednesday his office had received no test results and refused any additional comment, citing a gag order imposed by State District Judge Stephen Ellis.

    Ellis, judge in Brown County, where the crime occurred, ordered the additional DNA tests.

    Richard Alley, one of McGinn's attorneys, could not immediately be reached for comment Wednesday.

    Another of his lawyers, Maurie Levin, with the nonprofit Texas Defender Service, which represents death row inmates, said she could not comment on the case because of the gag order.

    McGinn, his appeals exhausted, was set for lethal injection the evening of June 1 for the 1993 rape-slaying. Bush, using for the first time his authority as Texas governor to grant a onetime 30-day reprieve in capital punishment cases, allowed the execution to be halted so DNA testing could be conducted.

    McGinn, 43, and his attorneys wanted additional DNA testing, which they hoped would exonerate him. Although DNA evidence was used by prosecutors to help convict McGinn, his lawyers contended more sophisticated testing now available would help his case.

    They argued the new tests proving the hair was not McGinn's would show he did not rape the girl. Without rape as an aggravating circumstance of the slaying, McGinn would not be subject to the death penalty on the murder conviction.

    USA Today reported the new McGinn tests were completed last month and filed with Ellis. It said a second set of tests at other labs could rule out McGinn as the source of semen left at the crime scene, but quoted unidentified sources close to the case as saying that appeared unlikely.

    If Ellis decides the tests do not exonerate McGinn, he could set a new execution date. The judge is scheduled to rule sometime after Aug. 15.

    FBI spokesman Paul Bresson in Washington said the agency would have no immediate comment on the case.

    "Obviously, once the governor issued the reprieve, it went back to the courts," said Bush spokesman Mike Jones. "Our understanding was the tests wouldn't be completed until the middle of August. They still have several more tests to go and, depending on the results, it would be back up to the judge to set a new execution date.

    "I guess in a few weeks we'll see how it all turns out."

    The grandmother of a mentally impaired 19-year-old whose rape and murder was linked to McGinn said her family feels vindicated by the preliminary results.

    "We knew he did it before this. That man is guilty as sin," said Moszell Ham, grandmother of Christi Jo Eggers, whose body was found in a Brownwood cemetery Nov. 27, 1992. Testing in November revealed semen found in her body matched McGinn.

    "I don't care which one of them he gets the needle for, as long as he gets it," she said Wednesday. "If he's dead he can't hurt any more children."

    Testing is under way in the rape and murder of 12-year-old Sherri Newman in Brownwood in 1989 to see if McGinn was involved.

    Detectives investigating the Flanary case discovered a possible murder weapon with Newman's hair on it in a home previously occupied by McGinn's family.

    Haney said earlier that semen recovered during her autopsy is now undergoing mitochondrial DNA testing to see if it matches McGinn.

    http://lubbockonline.com/stories/071...71300097.shtml
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #4
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    Oftentimes Executed Today has interesting especially historical information about executions. But today's kind of made me sick.

    http://www.executedtoday.com/2020/09...-ricky-mcginn/

    “I thought being away from the prison system would make me think about the things I’d seen less, but it was quite the opposite. I’d think about it all the time. It was like I’d taken the lid off Pandora’s Box and I couldn’t put it back on.

    I’d open a bag of chips and smell the death chamber, or something on the radio would remind me of a conversation I’d had with an inmate, hours before he was executed. Or I’d see the wrinkled hands of Ricky McGinn’s mother, pressed against the glass of the death chamber, and I’d dissolve into tears.

    –Michelle Lyons, former spokesperson for the Texas Department of Criminal Justice, on the burden she carries from witnessing some 300 executions. McGinn was executed by lethal injection on September 27, 2000, for raping and murdering his 12-year-old stepdaughter.


    ##

    Really, you want to emphasize the tears you feel as you think about his mother's hands? What about his stepdaughter's hands? Her name was Stephanie. Or what about Stephanie's mother's hands? Her name was Janet.

    That's one thing I absolutely despise about anti-dp people: they so often ignore the victims and their suffering. in fact often they prolong it.

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