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Thread: Kevin Wayne Dunlap - Kentucky Death Row

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    Kevin Wayne Dunlap - Kentucky Death Row




    Facts of the Crime:

    In October 2008, Dunlap raped Kristy Frensley inside her Trigg County home, then murdered her three children. Kevin Dunlap pleaded guilty to killing Kayla Williams, Kortney Frensley and Ethan Frensley; trying to kill their mother, Kristy Frensley; and then burning the family's Trigg County house down.

    Dunlap was sentenced to death on March 19, 2010.

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    March 20, 2010

    Judge Sentences Kevin Dunlap To Death

    Judge C.A. Woodall sentenced confessed killer Kevin Dunlap Friday to 6 death sentences, after denying a retrial.

    Dunlap pleaded guilty in February to the 2008 attempted murder of Kristy Frensley and the deaths of her children, Kayla Williams, Kortney Frensley and Ethan Frensley.

    A jury had previously sentenced Dunlap to the death penalty for the Trigg County crimes, but Dunlap waived his right to a jury sentencing.

    In total, Woodall sentenced Dunlap to 6 death penalties, 3 life sentences and 55 years for his 14 charges.

    (Source: NewsChannel5)

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    Administrator Heidi's Avatar
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    Attorney: Death row inmate missing part of brain

    The attorney for a Kentucky death row inmate says her client was incompetent to plead guilty in the slayings of three children because part of his brain is missing.

    Kevin Wayne Dunlap's lawyer, Kathleen Schmidt, told the Kentucky Supreme Court in a brief that Dunlap does not have a right frontal lobe, which controls impulses and decision making. The high court will hear Dunlap's appeal Aug. 16 in Frankfort.

    A judge sentenced Dunlap to death in 2010. He pleaded guilty to stabbing and killing 5-year-old Ethan Frensley, 17-year-old Kayla Williams and 14-year-old Kortney Frensley when they returned home from school in October 2008 and then burning their house in Roaring Springs, which is near Fort Campbell.

    Prosecutors told the court that doctors determined Dunlap was competent to stand trial.

    http://www.sacbee.com/2012/08/01/468...#storylink=cpy
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    Kentucky High Court Weighing Death Row Defendant's Claims about Brain

    Skeptical justices on the Kentucky Supreme Court are weighing claims by a death row inmate that a missing right front lobe of his brain played a role in his attack on a mother and children near Fort Campbell in 2008.

    Attorneys for 40-year-old Kevin Wayne Dunlap told the high court on Thursday that attorneys were not given enough time to explore what role the abnormality played in the crime and Dunlap's decision to plead guilty in 2010.

    Justices Mary Noble and Wil Schroeder expressed doubts that more testing would have affected the outcome of the case.

    Dunlap is awaiting execution in the deaths of three children and the rape and assault on their mother in Roaring Springs near the Fort Campbell military post.

  5. #5
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    Ky high court upholds death sentence in 3 killings

    LOUISVILLE, Ky. – A former helicopter mechanic with an elite Army special operations unit was competent to plead guilty and face a death sentence for killing three children and attacking a woman before setting a house on fire, the Kentucky Supreme Court ruled Thursday.

    The justices, in a unanimous 140-page ruling, turned away a bid for a new trial by 41-year-old Kevin Wayne Dunlap. Dunlap pleaded guilty in March 2010 to attacking Kristy Frensley at her home in Roaring Springs near Fort Campbell 18 months earlier and killing three children at the home before burning it to the ground. A jury recommended a death sentence.

    Dunlap served as a helicopter mechanic with the U.S. Army’s 160th Special Operations Aviation Regiment, known as the “Night Stalkers,” based at Fort Campbell, the sprawling military installation on the Kentucky-Tennessee line. Dunlap raised multiple issues on appeal, including challenging the judge’s handling of his guilty plea and the presence of a brain defect discovered just before the scheduled trial date.

    The justices found one error by the trial judge, C.A. Woodall III. Woodall asked Dunlap to admit to multiple aggravating circumstances — including kidnapping and arson — along with the murders. Jurors usually are asked to find if aggravating circumstances exist. Aggravating circumstances must be present for a person to be sentenced to death in Kentucky.

    Justice Will Scott, writing for the court, found that the error did not affect the outcome of Dunlap’s sentencing.

    “The aggravating circumstances were part and parcel of the crimes which he had already pled guilty,” Scott wrote. “Thus, we believe that even if the trial court had not asked (Dunlap) to admit to the aggravating factors, the jury would have easily concluded that these aggravators were satisfied by (Dunlap’s) guilty pleas to the charges underlying them, and still would have imposed the death penalty for each capital conviction.”

    Dunlap’s attorneys argued that his capacity to control impulses and make rational judgments was likely impaired by the lack of a right frontal lobe in his brain. Instead of the lobe, Dunlap has a tangle of blood vessels.

    The justices were not swayed by the argument.

    “There is no evidence that (Dunlap) ever had an issue with impulsivity or judgment,” Scott wrote.

    Dunlap approached Kristy Frensley as she worked in the yard and asked to see the house, which was for sale, on Oct. 15, 2008. Once inside, he pulled a gun and zip-tied Frensley’s hands and ankles. When the children came home, he tied them up and put them in a different part of the house.

    Killed in the attack were 5-year-old Ethan Frensley, 17-year-old Kayla Williams and 14-year-old Kortney Frensley. A medical examiner determined each of the children died from multiple stab wounds.

    After being raped and stabbed, Frensley faked her own death and escaped after Dunlap set the house on fire. The Associated Press does not identify victims of sexual assault, but Kristy Frensley gave her permission during the legal proceedings for her name to be used.

    On the eve of trial, Dunlap sought to plead guilty but mentally ill, but also told a judge if that were not possible he would simply plead guilty. Dunlap underwent a competency test and hearing before a judge accepted the guilty plea and was found competent to stand trial.

    The justices also ruled that Woodall properly denied Dunlap’s guilty-but-mentally ill plea and in accepting the guilty plea.

    The decision makes Dunlap eligible to be executed. Kentucky last carried out an execution in November 2008 and has executed three people since the reinstatement of the death penalty in 1976.

    A judge in Frankfort is weighing whether the state has properly adopted a new lethal injection method and if the process passes constitutional muster.

    http://www.theleafchronicle.com/view...S01/306200013/

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    Ex-Campbell soldier seeks to end appeals in triple murder case, be executed

    By Brett Barrouquere
    The Associated Press

    LOUISVILLE, KY. — A former helicopter mechanic with an elite Army special operations unit condemned to death for killing three children wants to end all his appeals — a move made easier Thursday when the Kentucky Supreme Court rejected a bid by his public defenders to keep the case active.

    Kevin Wayne Dunlap, a one-time member of the Army's 160th Special Operations Aviation Regiment, known as the "Night Stalkers," based at Fort Campbell, filed a handwritten motion in Livingston County Circuit Court in December asking a judge to stop his attorneys' "coercive efforts" and allow him to waive all his appeals.

    The state's high court turned away a bid by those attorneys to have the justices rehear the case of Dunlap, 41, who pleaded guilty in March 2010 to attacking Kristy Frensley at her home in Roaring Springs near Fort Campbell 18 months earlier and killing three children at the home before burning it to the ground. A jury recommended a death sentence.

    The justices rejected the case without comment.

    If allowed to drop all appeals, Dunlap could be among the first inmates executed if Kentucky is allowed to restart executions for the first time in more than five years. The state has been under a judge's order stopping all death sentences because of issues with the way executions are carried out.

    In his motion to the Livingston Circuit Court, Dunlap doesn't give a reason for seeking to drop the appeals. Instead, Dunlap writes that his public defenders "have in the past sought to continue pointless and unwarranted appeals in furtherance of their own political agendas," even though he has no intention of pursuing those appeals.

    Dunlap did not respond to a letter sent to him at the Kentucky State Penitentiary in Eddyville by The Associated Press.

    Dunlap raised multiple issues on appeal, including challenging the judge's handling of his guilty plea and the presence of a brain defect discovered just before the scheduled trial date.

    Dunlap approached Kristy Frensley as she worked in the yard and asked to see the house, which was for sale, on Oct. 15, 2008. Once inside, he pulled a gun and zip-tied Frensley's hands and ankles. When the children came home, he tied them up and put them in a different part of the house.

    Killed in the attack were 5-year-old Ethan Frensley, 17-year-old Kayla Williams and 14-year-old Kortney Frensley. A medical examiner determined each of the children died from multiple stab wounds.

    After being raped and stabbed, Frensley faked her own death and escaped after Dunlap set the house on fire. The Associated Press does not identify victims of sexual assault, but Kristy Frensley gave her permission during the legal proceedings for her name to be used.

    On the eve of trial, Dunlap sought to plead guilty but mentally ill, but also told a judge if that were not possible he would simply plead guilty. Dunlap underwent a competency test and hearing before a judge accepted the guilty plea and was found competent to stand trial.

    A judge in Frankfort has called for a trial on several aspects of how Kentucky handles an inmate leading up to a lethal injection. Judge Phillip Shepherd as ordered attorneys for the state and the 30-plus death row inmates to meet in September to set a trial date.

    http://www.armytimes.com/article/201...se-be-executed

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    Kentucky Supreme Court rules against retrial for Dunlap

    By Franklin Clark
    The Cadiz Record

    The Kentucky Supreme Court, in an opinion issued Thursday, stated that it will not rehear the Kevin Dunlap case.

    In the opinion, authored by Chief Justice John Minton, he and five other justices stated that they won’t allow a rehearing of any appeals in the case. Justice Bill Cunningham recused himself from the original appeal.

    In early 2010, Dunlap plead guilty to the 2008 murders of Kayla Williams Kortney Frensley and Ethan Frensley, and the rape and attempted murder of their mother Kristy Frensley. He was given the death penalty by a Livingston County Circuit Court Jury during an early 2010 sentencing trial.

    The Feb. 20 order modifies the June 20, 2013, ruling, which denied several allegations that Dunlap’s public defender made, upholding Dunlap’s guilty plea and death sentence. Minton also wrote that the Feb. 20 ruling won’t affect the original ruling.

    http://www.cadizrecord.com/view/full...home_headlines

  8. #8
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    On death row, Dunlap strikes deal with attorneys

    By Steve Breen
    The Kentucky New Era

    A former Army helicopter mechanic for the 160th Special Operations Aviation Regiment who was sentenced to death in 2010 for a triple-homicide reached an agreement with his attorneys Friday as his appeal makes its way to the U.S. Supreme Court.

    Lyon County Chief Circuit Judge C.A. “Woody” Woodall told New Era he cancelled the planned Friday hearing as he saw no need of it after Kevin Wayne Dunlap and his counsel agreed to Dunlap’s demands that his legal team keep him apprised through every step in the process.

    The 41-year-old death row inmate pleaded guilty in February 2010 to a brutal attack on a woman and three children in Trigg County 16 months earlier. Dunlap stabbed Kayla Williams, 17, Kortney Frensley, 14 and Ethan Frensley, 5, to death and lit the family’s home on fire. The mother, Kristy Frensley, survived after being pulled from her backyard pool by Trigg County deputy Kenneth Butts. The mother also suffering multiple stab wounds.

    Dunlap burned down Frensley’s home with her children inside after he killed them.

    In a December motion filed by Dunlap, he asked to represent himself in the death penalty appeals process, so he could expedite his execution, which prompted the now-cancelled hearing.

    Dunlap was convicted of three counts of murder, three counts of kidnapping in which the victim died, one count of kidnapping with serious injury, first-degree rape, first-degree arson, attempted murder, first-degree burglary and evidence tampering.

    http://www.kentuckynewera.com/web/ne...9bb2963f4.html

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    Supreme Court sets July 23 deadline for prosecutors to respond in Kentucky death penalty case

    Prosecutors have until July 23 to tell the U.S. Supreme Court why a Kentucky death row inmate should not get a hearing before the high court.

    Justices set the deadline in the case of 42-year-old Kevin Wayne Dunlap. Attorneys for Dunlap reached an agreement with his attorneys to allow the appeal after he sought to waive his appeals. The attorneys asked for a review of the case on May 19.

    Dunlap, a former soldier at Fort Campbell with the 160th Special Operations Aviation Regiment, a unit known as the "Night Stalkers," pleaded guilty in February 2010 to attacking Kristy Frensley as she worked in the yard her Trigg County home in 2008. Dunlap killed 5-year-old Ethan Frensley, 17-year-old Kayla Williams and 14-year-old Kortney Frensley before lighting the house on fire.

    http://www.dailyjournal.net/view/sto.../#.U7amm0Bc6Ao
    An uninformed opponent is a dangerous opponent.

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

  10. #10
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    Quote Originally Posted by Heidi View Post
    Attorneys for Dunlap reached an agreement with his attorneys to allow the appeal after he sought to waive his appeals. The attorneys asked for a review of the case on May 19.
    Which attorneys are which? I'm confused.

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