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Thread: Roderick Nunley - Missouri Execution - September 1, 2015

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  1. #1
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    Roderick Nunley - Missouri Execution - September 1, 2015


    Ann Harrison




    Facts of the Crime:

    On the evening of March 21, 1989, Michael Taylor and companion Roderick Nunley stole a car and used drugs. At about 7:00 a.m. on March 22, they saw 15-year-old Ann Harrison waiting for the school bus at the end of her driveway. Taylor allegedly stated he wanted to steal the girl's purse, and Nunley, who was driving, stopped the car. Taylor spoke to the girl and then grabbed her and forced her into the car. Nunley then drove to this mother's house where the girl was taken out of the car and forced to crawl down to the basement. Taylor then raped the girl. After the assault, the two men forced the girl into the trunk of the stolen car and tied her up. After Taylor stated he was afraid the girl would identify him, the two men decided to kill the girl. Nunley retreived two knives from the kitchen and both men stabbed the girl. Nunley knew the girl was going to die from her wounds (the former county medical examiner testified the victim was stabbed 10 times and she died approximately 30 minutes later). The men drove to a nearby neighborhood and parked the car, leaving the girl in the turnk. Nunley gave a videotaped conffession to the police.

    Nunley was sentenced to death in 1994.

    Taylor was also sentenced to death. He was executed on February 26, 2014. For more on his case, see: http://www.cncpunishment.com/forums/...ouri-Death-Row

    __________________________________________________ __________________________________________________ _


    September 11, 2008

    Appeals court rejects MO death row inmates’ appeal

    A federal appeals court on Tuesday rejected another challenge to Missouri’s execution procedures.

    The challenge was filed by eight death row inmates who accused the state of having a “well-documented history of employing incompetent and unqualified personnel” overseeing executions and insufficiently anesthetizing inmates before their executions. The inmates claimed that Missouri’s history would likely continue in the future.

    U.S. District Court Judge Fernando J. Gaitan Jr. granted Missouri’s motion for summary judgment in the case in July of 2008. The prisoners appealed.

    On Tuesday a three-judge panel of the 8th U.S. Court of Appeals said that Gaitan’s ruling was correct.

    The inmates are Reginald Clemons, Richard D. Clay, Jeffrey R. Ferguson, Roderick Nunley, Michael Anthony Taylor, Martin Link, Mark Christeson, and William L. Rousan. Three other inmates, John Charles Middleton, Russell Earl Bucklew, and Earl Ringo, Jr., tried to join the appeal but were turned away, and the appeals court upheld that action also.

    Missouri has changed execution procedures and personnel after a lawsuit filed by Taylor revealed that the surgeon who supervised the procedure, Dr. Alan R. Doerhoff, was dyslexic. The Post-Dispatch then revealed that he had been reprimanded by the State Board of Healing Arts and sued for malpractice more than 20 times.

    http://www.stltoday.com/blogzone/st-...nmates-appeal/

    Opinion here

    http://www.ca8.uscourts.gov/opndir/09/11/082807P.pdf

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    August 19, 2010

    Missouri court sets execution date in 1989 murder case

    After five years of court cases and appeals questioning Missouri's three-drug execution method, the state Supreme Court on Thursday set a date to put convicted killer Roderick Nunley to death.

    Nunley, 45, is scheduled to be executed Oct. 20 for his role in the abduction, rape and murder of a 15-year-old Kansas City girl in 1989.

    Nunley's attorney, Jennifer Herndon, called the decision to set the date disappointing. She said she will appeal and will ask Gov. Jay Nixon to grant clemency.

    Herndon said it would be unfair to execute Nunley because he is among about a dozen death row inmates who filed suit in 2009 raising yet another concern over Missouri executions — saying the state obtains the execution drugs without a prescription and administers them unlawfully.

    "We'll still try to obtain a stay based on that litigation," Herndon said. "There are a lot of signs that there is merit to that lawsuit."

    A spokeswoman for Missouri Attorney General Chris Koster said he declined comment.

    With just one exception, Missouri executions have been on hold since early 2006 over concerns about whether they violate the U.S. Constitution's guarantee against undue suffering. That year, a federal judge halted executions in the state after a surgeon who previously supervised them testified he was dyslexic, sometimes transposed numbers and operated without written procedures or supervision.

    The state then developed written protocols that were later upheld by the same federal judge who halted the executions. In June, the U.S. Supreme Court refused to hear an appeal, essentially clearing the way to resume executions.

    The same day the court issued its ruling, Koster asked the Missouri Supreme Court to set an execution date — not for Nunley, but for Joseph Franklin, a white supremacist responsible for several killings, including a sniper shooting of a man outside a suburban St. Louis synagogue in 1977.

    It wasn't clear why the Supreme Court set the date for Nunley first. A spokeswoman said she did not know the reasoning. Herndon said she didn't know, either.

    Missouri has executed 67 men since the death penalty was reinstated in 1989, but only once since October 2005. The lone exception was Dennis Skillicorn, put to death on May 20, 2009, for killing a man who stopped to help when a car Skillicorn and two others were in broke down on Interstate 70 near Kingdom City.

    Nunley and Michael Taylor, 43, both from Kansas City, are both on death row for the 1989 abduction, rape and murder of 15-year-old Ann Harrison. Taylor was hours away from being executed in February 2006 when the procedure was halted.

    Authorities said Taylor and Nunley used drugs and stole a car, then spotted the girl at a school bus stop and forced her into the car. They drove to Nunley's mother's house, where Taylor raped her in the basement.

    The men then forced the girl into the trunk of the car and tied her up. Concerned that she would identify them, they used kitchen knives to stab her to death.

    The men drove away and parked the car, leaving Harrison in the trunk. Nunley gave a videotaped confession to police.

    Both are among 49 men on Missouri's death row.

    http://www.columbiamissourian.com/st...n-1989-murder/

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    U.S. appeals court upholds Missouri stay of execution

    In St. Louis, a federal appeals court on Tuesday upheld the stay of execution of 1 of 2 Missouri inmates condemned for the 1989 abduction, rape and stabbing death of a Kansas City-area teenager.

    The St. Louis-based 8th U.S. Circuit Court of Appeals' ruling marked the latest last-minute legal victory for Roderick Nunley. A day earlier, a Kansas City federal judge ruled that the inmate was entitled to the execution stay while the Missouri Supreme Court considered his latest appeal over due-process claims.

    Nunley was scheduled to be put to death by injection at 12:01 a.m. Wednesday at an eastern Missouri prison.

    It was not immediately clear whether the state would appeal the matter, perhaps to the full 8th Circuit or the U.S. Supreme Court. "We are reviewing the decision and looking at our options," said Nanci Gonder, a spokeswoman for Missouri Attorney General Chris Koster.

    Messages left Wednesday with Nunley's attorney were not immediately returned.

    In issuing the execution stay Monday, Chief U.S. District Judge Fernando Gaitan Jr. found Nunley was entitled to the delay to argue that his sentence should have been determined by a jury. Gaitan put the matter back with the state's high court to decide whether the right to a jury should be retroactively applied to Nunley's case, as permitted in some cases by subsequent U.S. and state Supreme Court rulings.

    Koster's office quickly countered, asking the 8th Circuit to reverse Gaitan's ruling and put the execution back on track, claiming among other things that Nunley sat on his due-process issue for years before finally filing it Sept. 30.

    "There can be no reasonable argument that Nunley could not have raised the claim years ago and fully litigated it in state and federal court without a stay," Missouri's petition to the 8th Circuit read. "But he chose not to do so."

    The state's appeal called Nunley's delay in pressing the claim "unexplained and unexplainable" while also casting it as "abusive."

    But a 3-judge 8th Circuit wasn't swayed, unanimously agreeing in a 2-paragraph opinion that Gaitan's court crafted a "well-reasoned" ruling and "did not abuse its discretion to grant a stay to fully develop the record and decide the (due-process) issue."

    Nunley also has sought clemency from Gov. Jay Nixon.

    Nunley, 45, and accomplice Michael Taylor had hoped to avoid a death sentence when they decided against a jury trial, pleaded guilty and were sentenced to death in 1991 by a Jackson County judge.

    Authorities said Nunley and Taylor were on drugs when they stole a car then abducted 15-year-old Ann Harrison from a school bus stop near her home. Taylor raped the girl in the basement of Nunley's mother's house before the men forced her into the car's trunk, bound her and stabbed her 10 times out of concern she would identify them.

    The men abandoned the car with Harrison's body in the trunk. Nunley later gave a videotaped confession.

    Nunley and Taylor were sentenced to death by Jackson County Circuit Judge Alvin Randall, who never had sentenced a convict to death and was reputedly a death-penalty opponent.

    Both men appealed, accusing prosecutors of racism and alleging Randall had been drinking before the sentencing.

    Although a St. Louis circuit judge later vindicated Randall by ruling that that judge had had an alcoholic drink during his lunch break but was not impaired during the sentencing a short time later, the Missouri Supreme Court ordered new sentencing hearings. In 1994, both men again were sentenced to death.

    Taylor was hours from being executed in 2006 when the procedure was halted. His execution date remains unscheduled.

    With just one exception, Missouri executions have been on hold since early 2006 over concerns about whether they violate the U.S. Constitution's guarantee against undue suffering. That year, a federal judge halted executions in the state after a surgeon who previously supervised them testified he was dyslexic, sometimes transposed numbers and operated without written procedures or supervision.

    The state then developed written protocols that later were upheld by the same federal judge who halted the executions. In June, the U.S. Supreme Court refused to hear an appeal, essentially clearing the way to resume executions.

    Missouri has executed 67 men since the death penalty was reinstated in 1989 but only once since October 2005.

    (Source: The Associated Press)

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    Nunley Execution Postponed Until January of 2011

    The execution of Roderick Nunley is on hold until January. He is on death row for murdering Kansas City teenager Ann Harrison 21 years ago. Earlier this week, a federal judge in Kansas City issued a stay of execution.

    Just hours before the 12:01 a.m. execution of Nunley, the 8th Circuit Court upheld the stay. Then the U.S. Supreme Court voted 8 to 1 to let that ruling stand. The Department of Corrections has put the execution on hold to hear appeals before Missouri's Supreme Court in January.

    Nunley and Michael Taylor were riding around the teen's neighborhood in March of 1989 and saw her as she waited for her school bus. The 2 men wanted to steal her purse, but they kidnapped her, and later raped and stabbed her repeatedly. The pair later confessed that she begged them for her life.

    At that time, police detective Al Devalkenaere worked for the KCPD's homicide unit, which worked the case. Devalkenaere got Nunley and Taylor to confess what they did to Harrison.

    Now, the detective is on his way home from Bonne Terre. He had been staying near the prison to be a state's witness to the execution because he promised he would see the case to the end.

    "What they did was horrific," Devalkenaere said. "Seeing it first-hand, I know what kind of people these are. These people should never be allowed in society again. I made a promise to see it through."

    The oral arguments before the Missouri Supreme Court have been scheduled for January of 2011. Nunley will remain on death row until then.

    (Source: KSPR News)

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    Missouri high court to weigh executions of men who killed teen in 1989

    Janel and Bob Harrison spent Christmas as they had for the last 21 years — without their daughter Ann.

    This week they will be in a courtroom, as they have countless times before, to hear lawyers and judges debate the fate of the two men sentenced to death for taking their daughter’s life.

    For the Harrisons it is the latest round of seemingly ceaseless litigation that has kept Michael Taylor and Roderick Nunley, and their cases, alive for more than two decades after they kidnapped, raped and killed the Kansas City teenager.

    Both confessed killers have come so close to death that they were offered their last meals before 11th-hour legal actions halted their executions.

    On Wednesday their lawyers will ask the Missouri Supreme Court to permanently lift their death sentences and consign them to spend the rest of their lives in prison.

    “I think it is rather ludicrous,” said Janel Harrison.

    Though pursuing separate actions, lawyers for Nunley and Taylor base their arguments on the same two issues:

    •Judges, not juries, weighed the evidence and imposed the death sentences.

    •The death sentences were disproportionate when compared with life sentences imposed on numerous other Missouri inmates who committed heinous crimes.

    That jury-instead-of-judge sentencing was not a right that defendants enjoyed in 1991 and 1993 when Taylor and Nunley were sentenced and resentenced after the original sentences were thrown out.

    Both actually waived jury sentencing in 1991. In 1993 they sought to withdraw their initial guilty pleas, but the requests were denied, and once again they were sentenced by judges.

    Since then the U.S. Supreme Court has ruled that juries must weigh the question of life and death in capital cases. Lawyers for Nunley and Taylor contend that that ruling should apply to them retroactively as it has to several other former death-row inmates in Missouri.

    Their argument is bolstered by former prosecutors and judges who have filed a legal brief supporting the positions of Taylor and Nunley.

    Though some of the former judges and prosecutors support capital punishment and others oppose it, they all express a belief in the “fair and even-handed application of the death penalty.”

    They noted in their brief filed in support of Taylor that eight other Missouri inmates who were sentenced by judges instead of juries have had their death sentences reduced to life in prison. In two other cases, the Missouri Supreme Court prohibited such “bench trials” to consider sentencing.

    “It is absolutely unconscionable to treat Taylor differently,” they stated. “The court should therefore grant the petition and reduce Taylor’s sentence to life in prison.”

    Missouri Attorney General Chris Koster’s office is opposed to lifting the death sentences for either man.

    In the state’s legal arguments, attorneys contend that Taylor and Nunley waived judicial sentencing because they thought that particular judge would be lenient and sentence them to life in prison.

    The men cannot then take back their waivers because they succeeded on appeal in winning new sentencing hearing, the attorney general argues.

    In Nunley’s case, the state also argues that he could have raised the issue anytime after the U.S. Supreme Court’s ruling in 2002, and only raised it after an execution date had been set.

    “This should not be permitted, particularly because over two decades have already passed since the kidnapping, rape and murder,” the attorney general stated in legal briefs.

    The Harrisons said that Taylor and Nunley voluntarily chose to be sentenced by a judge and that there was no reason for their appeals now. But that won’t keep them from attending the arguments.

    “We feel like we’re obligated to go there in Ann’s memory,” Bob Harrison said.

    http://www.kansascity.com/2011/01/01...#ixzz19uhZtlai

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    Missouri Supreme Court Hears Killers' Arguments Against Death Penalty

    JEFFERSON CITY, Mo. — Two killers convicted of the 1989 rape and murder of a metro teen kidnapped from her bus stop are at the center of a Missouri Supreme Court battle as their attorneys say that their rights were violated when they were sentenced to death.

    Michael Taylor and Roderick Nunley kidnapped Ann Harrison from her bus stop in 1989, then raped and killed her. The pair pleaded guilty to the crimes, but now their attorneys are arguing that their constitutional rights were violated when a judge, and not a jury, determined their sentence, and they were not given the option of a jury sentencing.

    Recent court rulings have determined that the option of a jury sentencing is indeed a constitutional right.

    "It certainly would be within this court's power to order jury sentencing at this point," said Michael Gorla, attorney for Nunley.

    Attorney's for the State of Missouri argued that the defendants knew they were giving up the right to a jury sentencing by pleading guilty.

    "I'm saying that throughout the transcript of the guilty plea proceedings, the offender waived his right to jury sentencing," said Michael Spillare, attorney for the State of Missouri.

    The defendants attorneys say a jury sentencing was never an option, and that makes their death sentences unconstitutional.

    "Looking simply at the plain text of the statute, your honor, it's very clear if the sentence is unconstitutional," said Matthew Larson, attorney for Taylor. "The defendant gets a life sentence. That's exactly the case here."

    Ann Harrison's parents were in the courtroom for the hearing, but did not speak to the media. The court adjourned on Wednesday and will release a decision in the case in a couple of weeks.

    http://www.fox4kc.com/news/wdaf-miss...,3380469.story

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    Mo. High Court Upholds Nunley's Sentence

    The Missouri Supreme Court upheld the sentencing for Roderick Nunley.

    Nunley pleaded guilt in the slaying of 15-year-old Ann Harrison. Harrison was abducted while waiting for a school bus near her home in 1989.

    Nunley's lawyers argued that he should not have received the death penalty because a judge decided facts in sentencing instead of a jury.

    "Nunley cannot strategically plead guilty and waive jury sentencing in order to be sentenced by a judge knowing he had the right to jury sentencing and then claim that his constitutional rights were violated when he received his request. Nunley's Sixth Amendment right were not violated," Chief Justice William Ray Price Jr. wrote in his opinion for the court.

    http://www.kmbc.com/news/28083815/de...#ixzz1Nxeheo4a

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    Execution set for man who raped, killed Kansas City girl, 15

    A September execution date has been set for a man convicted of raping and killing a 15-year-old Kansas City girl in 1989.

    The Missouri Supreme Court set the execution date for Roderick Nunley for the 24-hour period beginning at 6 p.m. on Sept. 1. Missouri has executed four men this year, and another inmate is scheduled for execution Tuesday evening.

    Nunley was one of two men who pleaded guilty and received the death penalty in the death of Ann Harrison. She was waiting for a school bus in front of her home when she was abducted.

    Michael Taylor was executed for the same crime in 2014.

    An appeals court ruled earlier that Nunley wasn’t entitled to a new sentencing hearing because he waived jury sentencing when he pleaded guilty.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    It is a good thing for the victim and her family to get justice. It is a horrible miscarriage of justice to wait as this family has.
    Proverbs 21:15 "When justice is done, it is a joy to the righteous but terror to evil doers."

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    Doubting Jennifer Herndon

    An appeals lawyer who has represented more than a half-dozen men put to death in Missouri faces questions about her competency.

    By Ken Armstrong
    The Marshall Project

    In six days, on Sept. 1, Missouri is scheduled to execute 50-year-old Roderick Nunley, who was condemned for the 1989 rape and murder of 15-year-old Ann Harrison. The high school freshman was abducted while in her driveway, waiting for the school bus.

    If the execution takes place, one of Nunley’s attorneys, Jennifer Herndon, will have represented eight of the last 19 men executed in Missouri. And those eight men will have been executed in a span of four and a half years.

    The Marshall Project profiled Herndon in June, describing how she juggles a debilitating workload as a capital appeals attorney with a separate career as an internet marketer, sending out inspirational messages along with product pitches geared for online entrepreneurs. The story also detailed Herndon’s financial and professional struggles; in 2013, her law license was suspended for four months because of delinquent state income taxes.

    On Tuesday, two other attorneys who once assisted in Nunley’s case filed a motion with the Missouri Supreme Court, asking that Nunley’s execution warrant be recalled because of “severe doubts” about Herndon’s fitness as a lawyer. Their motion cited The Marshall Project’s story, in which Herndon said, among other things, “I feel like I’m not doing the best work I can or should be doing for my clients right now.”

    With Herndon, the quantity of her legal work was already an issue. Because relatively few attorneys handle capital appeals in Missouri, the state’s accelerated pace of executions in recent years has created unusual stress for the defense bar. Of the 19 executions held nationally this year, Missouri has five, second only to Texas.

    But the motion went as much to the quality of Herndon’s work, and whether she has met her ethical obligations as an attorney.

    In years past, the Missouri Department of Revenue filed three liens against Herndon, saying she owed more than $47,000 for unpaid state income taxes from 2006 to 2012, according to court records. But two months ago, the department filed a fourth lien, saying Herndon owes $2,077.85 for unpaid taxes in 2013 — a delinquency that could once again place her law license in jeopardy.

    The motion filed by the two other attorneys said “equally troubling” was a lawsuit filed against Herndon last month. That suit, an unlawful detainer action, alleges that Herndon’s house was purchased on July 14 in a foreclosure sale, but Herndon has failed to leave the residence.

    “Ms. Herndon appears to lack the time and capacity to competently represent Mr. Nunley,” the motion says. “Her online career and pending legal and financial problems raise substantial questions about her competence.”

    In an email sent to The Marshall Project, Herndon wrote of how the court system has placed her in the unfair position of handling “a never-ending string of back-to-back executions,” while simultaneously refusing to approve additional funds.

    “I have rejected opportunities to make money in my other business, opting instead to work on Mr. Nunley's case because his life matters more than money to me. I have laid out money from my own pocket, in excess of $300 to date, to cover copy costs, postage and filing fees. I will not be reimbursed for this, but can't take that into consideration when his life is at stake.

    “I am doing everything I can for Roderick. Is it enough? No. Do I think I could save his life if I had all the resources in the world? Not without a miracle. Over the last two years, just considering my clients, I have seen the state execute two men who were incompetent, one who was mentally ill, one who was mentally retarded, and one who made such a transformation in prison that he would have made a fine next door neighbor. I have filed motions supported by case law the state couldn't refute, hired experts whose opinions were uncontroverted, drafted clemency petitions the size of a book, and yet Missouri continues to execute men, no matter how legally or morally wrong it is under the specifics of each case. That's why I want out. Not because I don't care anymore, but because the system is broken here. I can't fix it, and being a part of it makes me feel like an enabler of the executioner.”

    The motion filed Tuesday included affidavits from Lindsay Runnels and Jennifer Merrigan, the two attorneys who once assisted in the case, and from Shynise Nunley Spencer, who is Nunley’s daughter. Runnels, in her affidavit, said that in the summer of 2010, she agreed to help the defense team search for evidence in Nunley’s past that might mitigate the crime, such as childhood trauma or mental illness. But because of Herndon, Runnels wrote, she encountered obstacles with such basic steps as obtaining a copy of the trial file, which “was mostly missing and what did exist was in disarray.”

    Herndon told Runnels she had never requested the file from the Missouri State Public Defender, nor had she checked with the trial attorneys — because one was a friend and the trial had been difficult for her, and Herndon was hesitant to “bring it all up again,” according to Runnels’s affidavit.

    In the fall of 2010, Nunley received a stay of execution based on a due process issue. Afterward, Runnels wrote, she “had essentially no contact” with Herndon, despite informing her that she was “able and willing” to continue working on the case.

    This year, when Runnels learned through The Marshall Project’s story of Herndon’s previous law suspension, Runnels sent a copy of the article to Nunley’s daughter. Afterward, Runnels spoke with Nunley on the phone. A rule of the Missouri Supreme Court says lawyers who are suspended must notify their clients. But, Runnels wrote, “Mr. Nunley told me that Ms. Herndon never informed him that she had been suspended from the practice of law, nor had Ms. Herndon obtained his consent to continue representing him…”

    Nunley also told Runnels that he had tried to fire Herndon in 2009 or 2010, but Herndon would not withdraw from the case, according to Runnels’s affidavit.

    Shynise Nunley Spencer, in her affidavit, wrote that she has kept a “consistent, close and loving relationship” with her father. Despite that, she wrote, “I have never, not once, spoken with Jennifer Herndon. She has never called me. She has never returned my calls. My brother has never spoken to her either.”

    Reading the story about Herndon made her feel “sick,” the daughter wrote. “I was shocked to learn that she had been suspended from practicing law.… I do not understand how the system allows someone in Ms. Herndon's situation to represent people in the most serious of all criminal cases, where their lives are at stake.”

    Herndon’s last client to face execution was Richard Strong, condemned for the stabbing deaths of his girlfriend and her two-year-old daughter. Herndon pleaded for a stay from the U.S. Supreme Court, but came up a vote short. Strong was put to death on the evening of June 9.

    That same evening, Herndon went on her business’s Facebook page and posted this message:



    Three days after Herndon gave her fellow shopper 31 cents, Missouri filed its lien against Herndon, saying she owed the state more than $2,000.

    https://www.themarshallproject.org/2...nnifer-herndon

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