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Thread: David Russell Hosier - Missouri Execution - June 11, 2024

  1. #11
    Administrator Moh's Avatar
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    Missouri man on death row says cell tracing unfair

    By SUMMER BALLENTINE
    The Associated Press

    JEFFERSON CITY • An attorney for a Jefferson City man set to die for a 2009 slaying argued to the Missouri Supreme Court on Thursday that police unfairly tracked him down through his cellphone following the killing.

    David Hosier's lawyer told judges that police unjustly traced the man through phone signals after Angela Gilpin and her husband, Rodney, were found dead at the woman's Jefferson City apartment.

    Hosier was convicted of first-degree murder for shooting Angela Gilpin and sentenced to death. Prosecutors say Hosier had a relationship with her while she was separated from her husband. Hosier has not been tried in Rodney Gilpin's death.

    Hosier left Missouri after the shooting and was in Oklahoma by the time police found him. A search of his car later identified the murder weapon among multiple firearms, a bulletproof vest and ammunition.

    Hosier appealed the conviction, saying police violated his rights by conducting an unreasonable search and seizure when they tracked him through his phone. The gun from his car, according to his appeal, is the only evidence connecting him with Angela Gilpin's murder.

    His appeal to the Supreme Court centers on proving that the gun and other evidence used against him were unlawfully taken by police and shouldn't be used in court.

    He faces execution if judges support an earlier court ruling allowing the weapons to be used during the trial.

    Other cases of phone and data privacy have risen to the nation's highest court in recent years. The U.S. Supreme Court in June ruled that police can't search phones during an arrest without a warrant, and the National Conference of State Legislatures reports about 10 states have passed legislation granting residents similar protections.

    Missouri voters overwhelmingly passed a ballot measure in August enshrining those protections in the state constitution.

    Hosier's appeal touches on similar concerns of law enforcement or government encroaching on privacy to monitor citizens.

    Police officers obtained a court order allowing them to track Hosier's phone. Prosecutors said Hosier gave police reason for suspicion when he left Missouri for Oklahoma, which they said was a sign of his guilt.

    But Hosier is arguing that an affidavit used to request the order lacked facts to back up why it was needed.

    "You have an expectation of privacy and not (to) be tracked every movement," Hosier's attorney, Craig Johnston, told the judges.

    Not everyone, it seemed, was sold on that idea.

    "Where's that established?" Judge Paul Wilson asked, noting Hosier was on a public roadway when police apprehended him. "They could've followed him in a helicopter. They could've followed him in a car."

    http://www.stltoday.com/news/local/c...22cb98cc1.html

  2. #12
    Administrator Heidi's Avatar
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    STATE OF MISSOURI vs DAVID RUSSELL HOSIER

    Court upholds death penalty in Jefferson City murder conviction

    The Missouri Supreme Court has upheld the death penalty sentence for a man convicted of a 2009 Jefferson City murder.

    David Hosier was sentenced to death in 2013 for killing Angela Gilpin.

    Hosier appealed his sentence in October, saying there was a violation of the 4th amendment after he claimed police tracked his cell phone without a probable cause.

    Hosier is also suspected of killing Gilpin's husband, Rodney, in their Jefferson City apartment, but only went to trial for Angela's death.

    Prosecutors said Hosier and Angela Gilpin had an affair, but she was trying to reconcile with her husband. They believe that is what led Hosier to murder Angela and allegedly kill Rodney.

    http://www.abc17news.com/news/court-...ction/31073130
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  3. #13
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Hosier's petition for certiorari.

    Lower Ct: Supreme Court of Missouri
    Case Nos.: (SC93855)
    Decision Date: February 3, 2015
    Rehearing Denied: March 31, 2015

    http://www.supremecourt.gov/search.a...es/14-9380.htm

  4. #14
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Judge denies claim of ineffective counsel

    The Jefferson City News-Tribune

    A Jefferson City man convicted and sentenced to death for a 2009 murder has been denied his effort for post-conviction relief.

    Cole County Presiding Judge Pat Joyce made her ruling Thursday in David Hosier’s civil case. He is being held on Missouri’s death row at the Potosi Correctional Center.

    In 2015, the state Supreme Court upheld Hosier’s conviction and death sentence for the Sept. 28, 2009, murder of Angela Gilpin, 45, as she was leaving her West High Street apartment at about 3:15 a.m., heading for her job as day manager of a Wardsville convenience store.

    Her estranged husband, Rodney Gilpin, 61, was killed at the same time, but the 2013 Cole County trial only involved the charge in Angela’s death.

    A jury from St. Charles County spent about an hour deciding to convict Hosier of the killing and then — after the separate penalty phase evidence was presented — spent about three hours determining the death sentence was the appropriate punishment, and Joyce later imposed that sentence.

    In his civil case filed in 2015, Hosier argued his legal counsel during the murder trial — public defenders Don Catlett and Janice Zembles — failed to adequately investigate and interview witnesses on his behalf, and failed to present evidence challenging the prosecution’s claims against him. Hosier also said his defense failed to present evidence that he had a mental defect at the time of the crime.

    Joyce found Hosier’s lawyers had represented him adequately throughout his trial and Hosier had told his defense team that he did not want a mental defect defense presented to the jury.

    Hosier was arrested in Oklahoma several hours after the murders occurred following a chase with Oklahoma authorities.

    This was after Jefferson City police issued an alert to law officers in several surrounding states to look out for Hosier and his car, because he had “been identified as the primary suspect in the homicide investigation.”

    Police were able to track Hosier after obtaining a warrant asking AT&T to “ping” the cell phone, a technology which tracks a specific phone’s location by the towers it connects with whenever making or receiving a call.

    Hosier and Angela Gilpin had what was described as an “on-again, off-again” relationship after Angela had separated from Rodney Gilpin.

    However, during the Cole County trial, Prosecutor Mark Richardson argued Hosier killed the Gilpins because he was angry Angela was ending her relationship with Hosier and working with Rodney to reconcile their 21-year marriage.

    Although Hosier has not been tried or convicted of Rodney’s murder, his death was an “aggravating circumstance” Richardson used to argue for a death sentence in Angela’s murder — and the Supreme Court upheld that in its 2015 decision.

    http://www.newstribune.com/news/loca...ounsel/726800/
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  5. #15
    Senior Member CnCP Legend Mike's Avatar
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    Jefferson City man appeals death sentence for 2009 murder

    By Sydney Kalich
    KOMU

    JEFFERSON CITY - A Jefferson City man facing the death penalty for the murder of his ex-lover appealed his sentence before the Missouri Supreme Court on Tuesday.

    "Hail Marys are all they've got in this case because of the overwhelming evidence of guilt," said the state's attorney, Greg Barnes, in regards to the appeal.

    David Hosier was convicted in 2013 for shooting Angela Gilpin four years earlier. He was also charged in the murder of Angela's husband, Rodney Gilpin, but wasn't convicted in that crime.

    Hosier's attorney, Amy Bartholow called the evidence in the case "circumstantial" with "no eyewitnesess, no confession, no DNA, no fingerprints."

    The jury suggested the death penalty because of "aggravating factors" in the murder and the judge later agreed in 2013.

    Court documents stated Rodney and Angela Gilpin were estranged, but trying to make amends at the time of their deaths. During their separation, Hosier and Angela were in a relationship, but Angela had been trying to end the relationship for two months. At the time of her death, she also had filed an order of protection against Hosier.

    Hosier and his lawyer appealed the punishment phase of his sentencing by arguing he had inefficient counsel at his original trial, and that his mental health was not taken into consideration in the original trial.

    Bartholow emphasized a 2007 stroke suffered by Hosier which she says affected his brain and increased his depression, leading him to commit the murders.

    "It shows that David's brain is dead in places, it is significantly damaged," said Bartholow. "That stroke had an effect on making his depressive symptoms that much worse."

    Barnes refutes the claim, saying the previous lawyer had Hosier's family members testify about his mental health. He also cited other events prior to 2007 that demonstrate Hosier's violent tendencies prior to his stroke.

    "It [the stroke] didn't explain the 1986 assault on his wife, or his threat to kill multiple law enforcement officers," said Barnes. "Or to kidnap his kids and take them to Mexico during this time."

    Another point of contention was the reveal of Hosier's past felony and how it affected the jury's decision, in particular, the assault of his first wife. Bartholow said Hosier's previous lawyer revealed his felon past to the jury, which led them to suggest the death penalty.

    "That exact conviction was used as an aggravator in penalty and counsel was the one...that allowed that to come in during the guilt phase," Bartholow said.

    However, the court said it was more beneficial for Hosier to introduce his past during the guilt phase rather than the punishment phase so it wouldn't surprise jurors.

    Barnes argued Hosier had a long criminal history and the original attorney revealed the least amount possible as to not affect the jury's opinion of Hosier. Barnes added the jury only had access to one paragraph which said he assaulted someone to the point of a concussion.

    "That's all the jury knew, that he caused a victim a concussion," Barnes said. "They didn't know it was a domestic partner."

    Hosier is one of 25 on death row according to the NAACP. The court has not announced when they plan on deciding on the appeal.

    https://www.komu.com/news/jefferson-...or-2009-murder
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  6. #16
    Administrator Helen's Avatar
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    Missouri Supreme Court denies appeal by death row inmate convicted of Jefferson City murder

    The Missouri Supreme Court found that Cole County Presiding Judge Pat Joyce did not err in denying a Jefferson City man post-conviction relief after he was found guilty of a murder over a decade ago.

    A lawyer representing David Hosier had argued to the high court in April that her client should get a new trial or, at least, a new sentencing hearing.

    Amy Bartholow, of the Missouri State Public Defender System, said his trial and appeals attorneys didn't give him the legal assistance he should have had.

    But in its ruling Tuesday, the Supreme Court, in a unanimous decision, said Joyce had correctly found Hosier did not receive ineffective legal assistance.

    Hosier's trial attorneys were Don Catlett and Janice Zembles from the Public Defender System's capital division, which represents people charged with murder but who can't afford their own lawyer.

    Hosier, now 64, faces the death penalty after he was convicted in an October 2013 trial for the Sept. 28, 2009, murder of Angela Gilpin, 45, at her apartment in the 1100 block of West High Street.

    Gilpin's estranged husband, Rodney Gilpin, 61, also was killed in the early morning shooting in the doorway to Angela's apartment, but Hosier was tried only for killing Angela.

    During the Gilpins' separation, Hosier and Angela had an affair, and Hosier told friends he was unhappy she had decided to reconcile with Rodney and revive their marriage.

    After the murders, then-Cole County Prosecutor Mark Richardson charged Hosier in 2009 with 2 counts of 1st-degree murder and armed criminal action, plus burglary and illegal possession of a weapon by a convicted felon.

    After Hosier's 2013 conviction, the pending charge in Rodney Gilpin's murder was dismissed.

    In cases where the death penalty is a possible punishment, jurors first must hear the case against the accused and decide whether that person is guilty or not guilty.

    Only if the jury makes a guilty verdict is there a 2nd hearing to determine whether the punishment should be life in prison without parole, or the death penalty.

    In Tuesday's ruling, the Supreme Court noted they had already affirmed Hosier's convictions in this case on direct appeal.

    They also overruled Hosier's motion to disqualify Joyce, who he alleged should have been recused from his criminal trial because she once had been an attorney of record in a child support case involving his ex-wife.

    Hosier remains imprisoned on death row at the Potosi Correctional Center. There are currently no executions scheduled in Missouri.

    https://www.newstribune.com/news/loc...murder/807650/
    "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."
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  7. #17
    Administrator Moh's Avatar
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    On March 19, 2020, Hosier filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/mi...cv04044/151036

  8. #18
    Moderator Bobsicles's Avatar
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    On July 15, 2022, Hosier filed an appeal to the Eighth Circuit.

    https://dockets.justia.com/docket/ci...ts/ca8/22-2516
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  9. #19
    Moderator Bobsicles's Avatar
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    Habeas relief denied by the 8th Circuit January 6, 2023.

    En banc rehearing denied March 3, 2023.

    https://www.supremecourt.gov/DocketP...20Petition.pdf
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  10. #20
    Administrator Aaron's Avatar
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    Well I guess Missouri will get one next year.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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