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    1. #1

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      Earl M. Forrest II - Missouri Death Row


      Chief Deputy Sheriff Sharon Joann Barnes
      Dent County Sheriff's Department





      Summary of Offense:

      In December 2002, Earl Forrest, who had been drinking, went to Harriet Smith's home and demanded that she fulfill her part of a bargain to buy a lawn mower and a mobile home for Forrest in exchange for Forrest introducing her to a source for methamphetamine. During the ensuing melee, Forrest shot a guest of Smith's, Michael Wells, in the face, killing him. Forrest also shot Smith six times, killing her. He took $25,000 worth of methamphetamine from Smith's home and returned to his own home, where he had a shootout with law enforcement officers. He shot and killed Deputy Joann Barnes. He also shot his girlfriend, Angela Gamblin, and Sheriff Bob Wofford, both of whom survived. He was charged with three counts of first-degree murder, and the jury found him guilty on all three counts. The jury subsequently recommended a death sentence for each of the three murders.

    2. #2
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      On September 3, 2009, Forrest filed a habeas petition in Federal District Court.

      http://dockets.justia.com/docket/mis...cv08002/91696/

    3. #3
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      Inmate Personal Information

      DOB: 07/12/1949
      Race: White
      Gender: Male


      Crime and Trial Information

      * County of conviction: Platte
      * Number of counts: Three
      * Race of Victim: white/white/white
      * Gender of Victim: 2 Female/ 1 Male
      * Date of crime: 12/09/2002
      * Date of Sentencing: 12/22/2004


      Legal Status

      Current Proceedings:
      Habeas Petition in W.D. Mo.


      Attorney

      Kent Gipson
      Lance Sandage


      Court Opinions

      State v. Forrest, 183 S.W.3d 218 (Mo. banc), cert. denied, 549 U.S.
      840 (2006); Forrest v. State, 290 S.W.3d 704 (Mo. banc 2009).


      Legal Issues

      In postconviction proceedings:
      1. whether trial counsel's failure to obtain a Positron Emission Tomography (PET) scan of defendant's brain
      was IAC;
      2. whether counsel's alleged failure to investigate and present available mitigating evidence of defendant's
      medical records was IAC
      3. whether counsel's alleged failure to investigate and present mitigating evidence from defendant's
      friend, neighbor, and employer was IAC;
      4. whether counsel's failure to object to admission of evidence showing that defendant was in possession
      of a knife was IAC;
      5. whether counsel's failure to object to the admission of evidence of defendant's prior convictions was
      IAC;
      6. whether counsel's failure to object to State's voir dire questions about returning a death sentence in
      open court was IAC; and
      7. whether defendant was entitled to hearing on claim that Supreme Court did not conduct appropriate
      proportionality review of death sentence on direct appeal.

    4. #4
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      On May 11, 2012, Federal District Judge Ortrie Smith DENIED Forrest's habeas petition.

      http://docs.justia.com/cases/federal...8002/91696/38/


      On August 10, 2012, Forrest filed an appeal in the US Eighth Circuit Court of Appeals over the denial of his habeas petition in Federal District Court.

      http://dockets.justia.com/docket/cir...s/ca8/12-2888/

    5. #5
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      ‘The Killer Speaks’ documentary to air May 9 on A&E Network

      Two weeks before Christmas 2002, former drug dealer Earl Forrest burst into his best friend's house in Dent County and shot two people in cold blood.

      In the manhunt that followed that day, Forrest engaged in a gun battle with local law enforcement officers that resulted in the death of Deputy JoAnn Barnes and wounding of former Dent County Sheriff Bob Wofford.

      It was a methamphetamine-related case, but what really triggered this spasm of violence?

      “The Killer Speaks,” a documentary on Forrest’s killing spree, will air 9 p.m. May 9 on the A&E Network.

      A Platte County jury found Forrest guilty in the Dec. 9, 2002, murders of Harriet Sue “Tottie” Smith, Michael Raymond Wells of Licking and Dent County Sheriff's Deputy JoAnn Barnes.

      Now on death row, Forrest, 63, in a first-time interview reveals the surprising and senseless reason behind the killing spree.

      A&E provided The Salem News with a copy of the documentary, where an interview with Forrest details his rationale for the killings. He places blame on one of his victims, his friend of 30 years, Tottie Smith.

      Forrest claims that Smith persuaded him to get her set up with his former drug supplier so she could become a drug dealer. In exchange, Smith made Forrest promises, but never came through.

      “I’m still mad at Tottie,” Forrest said,during the interview. “She should have kept her word and done what she promised. Then everyone would be happy and alive.”

      Forrest admits that he can be dangerous and that he resorts to violence to get revenge.

      Highway Patrol Sgt. Henry Folsom, who was at the murder scene that day, describes the horror that played out the day of the triple homicide.

      “It’s a sight that I’ll never forget,” Folsom said in the documentary. “It’s something that can change a person’s life, haunt a person for the rest of their life.”

      Forensic Psychiatrist Dr. Sasha Bardet, who studies the minds of murderers, investigates Forrest’s psychopathic tendencies. In the documentary, Bardet discusses why he believes Forrest carried out his deadly acts.

      Forrest was found guilty of three counts of first-degree murder and sentenced to death. The Supreme Court later affirmed Forrest's convictions. Forrest's attorneys then filed a motion for post-conviction relief, which was overruled by the motion court and affirmed by the Supreme Court.

      Forrest, who still shows no remorse, is currently serving three life sentences in the Potosi Correctional Center at Mineral Point. He is scheduled for execution in 2015.

      http://www.thesalemnewsonline.com/ne...a4bcf6878.html
      A uninformed opponent is a dangerous opponent.

    6. #6
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      Habeas relief denied today by the 8th Circuit. Judge Bye dissented.

      http://media.ca8.uscourts.gov/opndir/14/08/122888P.pdf

    7. #7
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      I wonder whether Judge Bye has ever voted to uphold a death sentence.

    8. #8
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      Bye is the only one out of 12 judges that has found this PET scan issue to have merit. The Missouri Supreme Court's seven justices affirmed the post-conviction court. The Federal District court denied relief and now the 8th Circuit affirms 2-1.
      Last edited by DaveP; 08-22-2014 at 08:01 PM.

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