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Thread: Larry James Gapen - Ohio Death Row

  1. #1
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    Larry James Gapen - Ohio Death Row




    Facts of the Crime:

    On September 18, 2000, Gapen murdered his former wife, 37-year-old Martha Madewell, her boyfriend and former husband, 40-year-old Nathan Marshall, and her daughter, 13-year-old Jesica Young, in Ms. Madewell's Dayton home. Gapen, distraught over the recent dissolution of his marriage to Ms. Madewell, entered the house and bludgeoned each victim with a maul (long-handled hammer with a wedge-shaped head used to split logs). Gapen raped Ms. Madewall and hacked her ten times in the face and head. He hacked Mr. Marshall 18 times in the face, head, neck, chest andabdomen and Jesica 32 times in the face, head, neck and chest. Gapen then left the house with Ms. Madewall's seven-year-old son and eight-year-old daughter. Gapen confessed to police and received the death sentence for the aggravated murder of Jesica. DNA testing proved that the semen found on Ms. Madewall's leg and abdomen belonged to Gapen.

  2. #2
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    On August 11, 2008, Gapen filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ohi...v00280/124782/

  3. #3
    Administrator Moh's Avatar
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    August 29, 2014

    Death row inmate Larry Gapen trying for new trial

    DAYTON — Larry Gapen, on death row for killing three people in 2000, wants a new trial based on several claims that include allegations of juror misconduct.

    A hearing on his request, which began Friday in Montgomery County Common Pleas Court, is to continue Oct. 10, Sharon Hicks, an assistant federal public defender and lead counsel for Gapen, said.

    Gapen, 66, was convicted in 2001 of using an ax to fatally beat his former wife, Martha Madewell, her companion Nathan Marshall and her 13-year old daughter Jesica Young in September 2000.The slayings occurred in their Pleasant Hill Drive home.

    The jury recommended death for Gapen in Young's killing and life without parole in the other slayings.

    Hicks, in a prepared statement, said, "We're disturbed by evidence this court was unaware of and we're here to bring it to the court's attention."

    According to the court filing asking for a new trial, Gapen's defense team claims:

    * A juror emailed the trial judge prior to sentencing that was never disclosed to defense counsel.
    * Another juror revealed during an interview with Gapen's lawyers in December 2011 that "an extremely violent crime had taken place on his property prior to his service as a juror, and the crime was similar in many respects to the charges Gapen faced at trial." Gapen's original post-conviction lawyer interviewed that juror, but the juror "apparently failed to divulge the information at that time" or during the selection of the jury in the guilt/innocence phase of trial.
    * That second juror claimed the jury, during its deliberations, was in possession of evidence that had not been admitted at trial and that it influenced the verdict. One of the jurors "was biased against anything other than a death sentence before the penalty phase" of trial.

    The Montgomery County Prosecutor's Office continues to oppose the hearing, arguing in its filings that there was no indication Gapen did anything to discover the information his counsel said they obtained from the jurors in question before December 2011.

    http://www.daytondailynews.com/news/...w-trial/nhCMT/

  4. #4
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    Larry Gapen retrial bid to resume in January

    DAYTON — Testimony will continue next year for death row inmate Larry Gapen, who wants a new trial on several claims including allegations of misconduct.

    The hearing for Gapen, convicted of aggravated murder with death penalty specifications in the killing of three people in September 2000, will continue on Jan. 9.

    Gapen used an ax to beat his former wife Martha Madewell, her former husband Nathan Marshall and her 13-year old daughter Jesica Young in their Pleasant Hill Drive home. The jury in 2001 recommended death for Gapen in Young's killing and life without parole in the other slayings.

    According to the court filing asking for a new trial, Gapen's defense team claims:

    * A juror emailed the trial judge prior to sentencing that was never disclosed to defense counsel.
    * Another juror revealed during an interview with Gapen's lawyers in December 2011 that "an extremely violent crime had taken place on his property prior to his service as a juror, and the crime was similar in many respects to the charges Gapen faced at trial." Gapen's original post-conviction lawyer interviewed that juror, but the juror "apparently failed to divulge the information at that time" or during the selection of the jury in the guilt/innocence phase of trial.
    * That second juror claimed the jury, during its deliberations, was in possession of evidence that had not been admitted at trial and that it influenced the verdict. One of the jurors "was biased against anything other than a death sentence before the penalty phase" of trial.

    The Montgomery County Prosecutor's Office continues to oppose the hearing, arguing in its filings that there was no indication Gapen did anything to discover the information his counsel said they obtained from the jurors in question before December 2011.

    http://www.whio.com/news/news/crime-...ial-con/nhgJt/

  5. #5
    Senior Member CnCP Legend Mastro Titta's Avatar
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    In today's orders, the United States Supreme Court DENIED Gapen's petition for certiorari.

    Lower Ct: Court of Appeals of Ohio, Montgomery County
    Case Numbers: (28808)
    Decision Date: September 17, 2021
    iscretionary Court Decision Date: April 26, 2022

    https://www.supremecourt.gov/orders/...23zor_p860.pdf

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