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Listing of US Death Row Inmates That Have Been Released or Resentenced in 2009
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Thread: Listing of US Death Row Inmates That Have Been Released or Resentenced in 2009

  1. #1
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    Oct 2010

    Listing of US Death Row Inmates That Have Been Released or Resentenced in 2009

    The following US DR inmates have been resentenced, released, or commuted during 2009 and are no longer on DR:

    Glenn Holladay
    Daniel Moore
    Kenneth Thomas

    Jasper McMurtrey
    Robert Moody

    Sedrice Simpson

    Richard Boyde Jr.
    Gregory Sturm

    Allison Norman

    Eddie Bigham
    Crosley Green
    Herman Lindsey (Released)
    Faunce Pearce
    Gabby Tennis
    Kevin Scott

    Christopher Stevens

    Michael Marsh

    Charles Bussell

    Walter Koon

    Shawn Harte

    North Carolina
    Michael Maske

    Vernon Brown
    Mark Burke
    Wayne Frazier
    Paul Greer
    Jeffrey Hill (Commuted)
    Dewaine Poindexter
    Donald Williams

    Yancy Douglas
    Keary Littlejohn
    Paris Powell

    Michael McNeely
    Jesse Pratt

    Ronald Collins
    Raymond Johnson
    Jose Marrero
    Michael Overby
    Salvador Santiago
    Kenneth Williams

    Arthur Copeland
    Paul House (Released)
    Richard Houston
    James Riels

    Daryl Madison
    Charles Mines
    Jose Moreno
    Mariano Rosales
    Robert Tennard
    Michael Toney (Released)

    US Military
    William Kreutzer
    This list does not reflect those that have been moved from DRs for retrials, resentencings,

  2. #2
    Administrator Heidi's Avatar
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    Oct 2010
    Convicted killer Crosley Green in search of redemption

    Crosley Green timeline

    March 16: Crosley Green is released from Madison Correctional Institution.
    April 4: Charles "Chip" Flynn Jr., 22, is shot in the chest in a Mims orange grove.
    June 8:
    Green, 31, is arrested and accused of killing Flynn.

    August to September: A jury finds Green guilty of murder. The next year, Judge John Antoon sentences him to die.

    April 1: Sheila Green signs an affidavit from prison recanting her testimony against her brother, Crosley Green. Sheila Green says she "was pressured to commit perjury against my brother."

    April: Defense attorney Rob Parker files a motion for a new trial. He points out that Kim Hallock was only "pretty sure" Crosley Green was the suspect. The court takes no action on the motion.

    Early summer: Chicago investigator Paul Ciolino agrees to look into the case after being contacted by Nan Webb, a Viera housewife.

    July 31:
    Ciolino and three other investigators from across the U.S. arrive in Brevard to review the case and interview witnesses, jurors and others connected to the case.

    Brevard County Sheriff Phil Williams and Assistant State Attorney Chris White meet with Ciolino and agree to review any new information about the Green case.

    Florida Department of Law Enforcement says that a DNA test on two hairs does not rule out Green as the perpetrator and the hair could come from the maternal side of Green's family.

    Green's attorney continues appealing his case, trying to win a new trial.

    A hearing takes place in front of Judge Bruce Jacobus.

    June: Lawyers from both sides square off before the Florida Supreme Court. The state challenges an appellate ruling from 2005, which threw out Green's death sentence.

    October: Florida Supreme Court upholds Green's conviction but says that he should be resentenced.

    2008 The state attorney's office says it no longer will pursue the death sentence for Green.

    2009 Green is resentenced to life.

    2010 Green's attorneys petition for a new trial.

    May: The first part of a two-part hearing for Green takes place in front of Judge David Dugan. Defense attorneys produce two new alibi witnesses for Green.
    1:15 p.m. Aug. 8: Second part of scheduled hearing.

    In the early morning hours of April 4, 1989, a distraught young woman called emergency responders and said her male companion had been shot in an orange grove in Mims after they were kidnapped by a black man.

    When police arrived at 1:42 a.m., they found Chip Flynn face down on the ground, his hands tied behind his back with a shoelace.

    "Get me out of here," he told sheriff's deputies. Flynn never disclosed the events leading to the shooting and died soon after.

    Rumors swirled in the small community of Mims. Flynn's ex-girlfriend Kim Hallock, then 19, picked a man out of a photo lineup. It would be two months before Crosley Green would be arrested and charged with first-degree premeditated murder, kidnapping and robbery in Flynn's slaying.

    The next year, a jury convicted Green of murder and recommended the death penalty by a vote of 8-4. Judge John Antoon upheld the recommendation.

    Green is no longer on death row, the result of a Florida Supreme Court decision 18 years later in 2008 to overturn the penalty because the jury mistakenly heard about his juvenile criminal record during the trial.

    Crowell and Moring, the Washington, D.C., law firm that now represents Green, is asking for a retrial, citing myriad issues, including recantations by key witnesses. The last part of a two-part hearing in front of Circuit Judge David Dugan is set for Aug. 8.

    The state remains convinced Green is guilty of murder.

    But Keith Harrison, who represents Green for Crowell and Moring,
    believes there was a rush to judgment in the Green case and his client is innocent.

    Green remains incarcerated; 2011 is the 21st year he has spent in prison.
    Reviewing facts

    Harrison, who works in Washington, D.C., got involved in the Green case through the American Bar Association.

    For 25 years, the Bar has had a program called Death Penalty Representation Project to connect defendants with competent lawyers in death penalty cases during trial, post-conviction and in federal courts.

    "I was asked to find volunteer counsel for Crosley Green because there were no local defenders available to represent him," said Robin Maher, director of the project.

    She recruited Crowell & Moring, a firm that employs 500 attorneys nationwide and in London and Brussels, to work on the case for free.

    "I started looking at this case, and looked at it from a prosecutor's perspective," said Harrison, who specializes in white collar crime. "I kept looking for more evidence and there was nothing there."

    In his experience, the weakest cases are "one-witness ID" cases like Green's.

    "I used to hate those as a prosecutor," said Harrison, who worked as an assistant district attorney in New York City early in his career.

    He said Hallock's depiction of the kidnapping and the shooting did not make sense.

    The problems, according to Harrison:

    No fingerprints tie Green to the crime even though Hallock testified that "the black guy" climbed in and out of Flynn's truck more than once.

    No shell casings or bullets were found despite her saying that Green fired a gun multiple times.

    No DNA from Green was found on the shoelaces that tied Flynn's hands.

    In addition, Harrison said, Hallock made several inconsistent statements, including changing her version of who tied Flynn's hands. She told a deputy at the scene that Green made her do it, while at the trial she said that Green tied the shoelace.

    He then points out the photo line-up from which Hallock identified Green.

    "It is a target with a bulls eye on Crosley. His picture is smaller and darker. Your eyes are naturally drawn to it," Harrison said. "It was the exact opposite of how it should be done."

    Three main witnesses -- Sheila Green, Lonni Hillery and Jerome Murray -- have recanted, saying they lied about Green confessing to them. Sheila Green, who is Crosley's sister, later said that she made up the confession under pressure because she was facing sentencing on federal drug charges and hoped to get a favorable deal.

    Another witness, Layman Layne, who testified in 2004 that Green confessed to shooting someone, said five years later that Green did not tell him anything.

    Harrison said his legal team also has collected eight sworn affidavits from alibis who either saw Green or were with him away from the scene around the time of the shooting.
    Repealing death

    Green's trial took place in the Melbourne courthouse on Nieman Avenue in early fall of 1990.

    Rob Parker, Green's attorney at the time -- who now works as a prosecutor for the Brevard State Attorney's OfFice -- remembers the atmosphere in the courtroom being intense.

    At one point, the state put a plea offer on the table.

    "Listen, we can resolve this, if you will plea to a second-degree murder . . . we can avoid death," Parker remembers telling Green.

    But Green, who was 32 at the time, refused.

    "I'm not going to do it. I didn't do it," Green told his attorney.

    Parker was dumbfounded.

    "My sense was pretty much I was begging him," Parker said.

    If he had accepted that deal, he would have been a free man by now.

    The next year, Green was on Florida's death row. But the appeals that follow every death penalty were just beginning.

    In 1999, the Green case got national attention when Paul Ciolino, a brash tough-talking investigator, arrived in Brevard County to pursue the case.

    Ciolino, a Chicago native, had built a reputation for helping overturn death penalty cases in other parts of the country.

    He and three other investigators started questioning some of the witnesses in Green's original trial. A CBS News crew traveled with them as they shot footage for an episode of the TV newsmagazine "48 Hours."

    Investigators, who offered a $25,000 reward for information, outlined 132 problems with the Green case at a press conference in Cocoa Beach.

    "He was not the greatest man. But they manufactured a murder case against this guy," Ciolino said recently.

    That same year, in 1999, Brevard-Seminole State Attorney Norman Wolfinger asked the Florida Department of Law Enforcement to revisit the case.

    But the 11-month investigation concluded that the hairs found in Flynn's truck tested for mitochondrial DNA did not exclude Green as a possible suspect

    But the inmate kept up the challenge.

    In 2007, the Florida Supreme Court upheld his conviction but ordered a re-sentencing.

    Two years later, in August 2009, he was sentenced to life. The Florida Department of Corrections likely will begin an investigation in 2013 as to when he can be paroled.
    High court rule

    Assistant State Attorney Chris White and Phil Williams, an assistant state attorney who later became sheriff, were the prosecutors during Green's original trial.

    White is scheduled to retire in September. Wayne Holmes, the chief of staff for the Brevard State Attorney's Office, will now handle the Green case locally.

    Holmes points to the state's high court listing a "plethora" of evidence of Green's guilt: trial testimony from Hallock, testimony from witnesses who saw Green at Holder Park and original testimony from the recanting witnesses.

    He cites a ruling from the Florida Supreme Court in 2008 that the recantations by the three witnesses were unreliable and dubious and said he "respectfully disagrees" with the trial court having another hearing.

    "They keep repeating that the witnesses recanted, but that issue was specifically dealt with in 2008 by Judge (Bruce) Jacobus and the Florida Supreme Court," Holmes said.

    Lost in all this, he said, was the nightmare that the Flynn family had to go through.

    "In their minds, they did not see justice in their lifetime," he said. "It is something that has gone on and on. There has never been a finality to it."
    Seeking the truth

    Harrison believes the Flynn family needs to know the truth about their loss.

    His firm could have walked away after Green was taken off death row.

    But they did not.

    At a hearing in May, where Harrison presented two alibi witnesses, Green appeared thin and frail, almost overwhelmed at the sight of so many attorneys rallying for him.

    Appeals are possible if Circuit Judge David Dugan denies a retrial. Harrison said his team will pursue the case in federal court if unsuccessful in Florida.

    "We are not walking away," he said.


  3. #3
    Administrator Heidi's Avatar
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    Oct 2010
    Brevard judge weighs merit of new trial for convicted killer Crosley Green

    Circuit Judge David Dugan will decide this month whether to grant convicted killer Crosley Green a new trial.

    Green was arrested and convicted in 1989 for kidnapping and shooting Charles "Chip" Flynn Jr., 22, to death in a Mims orange grove. He was originally sent to death row but was given a life sentence a few years ago. The state's main case against Green was the testimony of Flynn's girlfriend, Kim Hallock, who witnessed the slaying. Several witnesses also testified that Green had confessed the killing to them.

    But many of the witnesses have
    since recanted.

    Attorneys for the 53-year-old Green argued Thursday that the state's case had crumbled over the years, turning it into a "one eyewitness murder" case. Earlier, they called Layman Layne to the stand; he recanted previous testimony that Green had confessed to him Flynn's killing.

    Layne said the state pursued his testimony in 2004 after other witnesses had recanted their earlier testimony against Green.

    "I was promised help with a child custody case," Layne said Thursday. Later, under cross-examination by Assistant State Attorney Wayne Holmes, a frazzled Layne said, "I know Crosley Green did not shoot that person, period. They promised to help me out but he never said that. I said it so they'd help me."
    Other claims

    The others who recanted their testimony in the past include:

    Green's sister, Sheila Green. Facing a major federal drug case at the time, she said authorities coerced her testimony in exchange for putting in a word on her behalf in the federal case. She was sentenced to 10 years.

    Lonnie Hillary, Sheila Green's boyfriend in 1989, said in 2004 that he never spoke with Crosley Green about the murder. "I did not have this conversation with Crosley Green," he said. "I made up the story to help my child's mother at the time."

    Jerome Murray, an acquaintance of Crosley Green's, said he lied in court to avoid trouble with the law.

    Tim Curtis, the previous owner of Flynn's truck, said he helped investigators target Green even though he had no proof.

    "This is a case about an individual who has been in prison for 20 years for a crime he did not commit," said Washington D.C.-based attorney Keith Harrison, who represents Green for the firm Crowell and Moring.

    Harrison said exhaustive investigative work on the case has also now turned up several alibi witnesses who will testify that Green was with them the night of the shooting.

    "We have a one-witness identification refuted by 10 alibi eyewitnesses. This is an unbelievable set of circumstances. He never got a fair trial. He was railroaded," Harrison said.

    But Assistant State Attorney Chris White said Harrison's argument falls short of a new trial.

    "If there were 10 alibis in this case, Judge, I'd ask my office to set this man free," he said. "But none of these can say they were with Green all night long. These are a bunch of things that amount to nothing in the end."
    Other issues

    Harrison said the case had other problems as well, including:

    No fingerprints tie Green to the crime, even though Green was alleged to have climbed in and out of Flynn's vehicle several times;

    No shell casings or bullets were found despite testimony that claimed Green fired a gun multiple times;

    No DNA from Green was found on the shoelaces that were used to tie Flynn's hands;

    A suggestive photo lineup.

    Dugan told both sides they have 10 days to submit case law supporting their views if they desired before he made his decision. He was also considering Harrison's motion to interview the jurors in the case.

    Harrison said Thursday that he viewed hours of raw videotaped interviews for a CBS news special on the case and found that a juror may have been reading about the case in a newspaper, a clear violation of the judge's orders in the case.


  4. #4
    Administrator Heidi's Avatar
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    Oct 2010
    Convicted killer William Kreutzer's appeal seeking more credit for time served is denied

    A military appeals court has ruled that convicted killer William J. Kreutzer Jr. should not receive additional credit for time served.

    The U.S. Court of Appeals for the Armed Forces issued its decision in the case Thursday.

    Judges voted 3-2 to reject Kreutzer's claims that he should receive additional credit for being confined to death row while waiting for a second trial.

    Kreutzer, a former Fort Bragg soldier, opened fire on his brigade at Towle Stadium in October 1995, killing Maj. Stephen Mark Badger and injuring 18 others.

    Kreutzer was originally convicted in military court and sentenced to death, then won a new court-martial following a 2004 court decision that set aside his convictions and death sentence.

    He was then sentenced to life in prison by a military judge in March 2009 after pleading guilty to the shootings.

    Following the second court-martial, Kreutzer challenged the amount of credit for time served he received.

    In the majority decision, Judge Scott Stucky wrote that Kreutzer was not entitled to relief because, despite the convictions that had been set aside, Kreutzer was still a prisoner found guilty of a number of offenses.

    "The fact that the capital sentence had been set aside, for reasons peculiar to capital litigation, did not convert him from an adjudge prisoner to a person held for trial," Stucky wrote.

    Kreutzer's appeal was based on allegations of inappropriate confinement and other abuses following the 2004 court decision that granted him a new trial.

    The government opposed the appeal, contending that Kreutzer's confinement was not an attempt to punish him.

    The appeals court had been reviewing the Kreutzer case since April, when the court decided to review the decision of the Army Court of Criminal Appeals on the same topic.

    Kreutzer had asked for more than 28 years in additional credit.

    In a dissenting opinion, Judge Chip Erdmann agreed that Kreutzer was entitled to additional credit, but disagreed on the amount.

    Erdmann said Kreutzer was entitled to four days for each of the 280 days he had spent on death row between his appeals win and the second court-martial.

    Erdmann wrote that, contrary to the majority opinion, he believed that Kreutzer effectively reverted to a pre-trial prisoner following the 2004 decision.

    Kreutzer was a sergeant with Fort Bragg's 325th Airborne Infantry Regiment, 2nd Brigade Combat Team, 82nd Airborne Division, at the time of his crimes.

    He opened fire on his brigade during early morning training.

    An expert marksman, Kreutzer testified at the 2009 proceedings that he intended to injure the soldiers. He said he intended to kill anyone who confronted him.

    After shooting 16 soldiers, Kreutzer retrieved additional weapons from his car and, on his way back, shot two soldiers he encountered in the woods surrounding the stadium, including Badger.

    Kreutzer was captured after being tackled from behind and held down by two additional soldiers.


  5. #5
    Administrator Heidi's Avatar
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    Oct 2010
    Former Alabama Death Row inmate dies after bout with cancer

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    Former Alabama Death Row inmate Glenn William Holladay died from cancer Tuesday in a prison infirmary, authorities said today.

    The 62-year-old mentally retarded man was convicted of capital murder and sentenced to death out of Etowah County in 1987. He spent more than 21 years on Death Row before his sentence was amended in 2009.

    Holladay killed his ex-wife, her boyfriend and neighbor in Gadsden in 1986.

    State prosecutors fought to keep Holladay on Death Row, despite the U.S. Supreme Court's 2002 ban on executing the mentally retarded. Although Holladay scored low enough on IQ tests dating back to childhood to qualify as mentally retarded, state prosecutors attributed his poor showing to illiteracy rather than retardation.

    A court order in 2009 changed Holladay's sentence to life without the possibility of parole.

    Prison spokesman Brian Corbett said Holladay was pronounced dead at 6:07 a.m. at William E. Donaldson Correctional Facility.

    An uninformed opponent is a dangerous opponent.

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

  6. #6
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    Oct 2010
    Kenneth Williams at 'end of the road' for appeals in trucker killing

    Abe Miller says he's found forgiveness in the three decades since Kenneth J. Williams shot his brother Edward and left his body at a Kuhnsville truck stop.

    Learning that a federal court last week all but extinguished Williams' last hope for freedom, the dead man's brother feels sorrow for Williams, but finds a life sentence with no possibility of parole just and fair.

    "They say you've got to forgive and forget. Forgive you can, but forget you can't," Abe Miller said. "He's got to pay for his crime."

    The 1983 slaying of Edward Miller, a 22-year-old truck driver from Ohio who left behind a Mennonite upbringing to find his niche in the world, became one of the Lehigh Valley's most infamous murder cases.

    When Williams was convicted of first-degree murder in 1985, he became the first person sentenced to die by a Lehigh County jury in more than 35 years.

    His case became the subject of protests demonstrators demanding a new trial paraded a replica of the electric chair through the streets of Allentown. It also received scrutiny from talk show hosts Geraldo Rivera and Morton Downey Jr.

    Williams' life was spared in 2008 when the Pennsylvania Supreme Court agreed with a Lehigh County judge that although there was overwhelming evidence of his guilt, he deserved a new trial to decide his penalty. The courts found his lawyer, Charles E. Sieger Jr., didn't do enough to persuade the jury to consider a life sentence instead of death.

    Resentenced in 2009 to life in prison without parole, Williams, 62, is serving his sentence in Graterford State Prison in Montgomery County.

    In what was likely Williams' last appeal, the U.S. 3rd Circuit Court of Appeals last week rejected his claims that he was denied the right to an attorney at a crucial stage of his case. The panel of three appeals court judges upheld a lower court's decision not to review his case, saying that regardless of whether mistakes were made, they had no effect on the fairness of Williams' trial.

    "This should be the end of the road," Lehigh County Assistant District Attorney Heather Gallagher said.

    Williams could ask the U.S. Supreme Court to consider his case, but the high court hears only a tiny fraction of the cases that come before it. He could also file more appeals in state court, but would have to persuade a judge to make an exception to the deadline for appeals, which passed in his case long ago.

    Efforts to contact Williams' attorney or his former wife, Brenda Nadal, who steadfastly maintained his innocence, were unsuccessful.

    Williams, himself a truck driver from Bucks County, met Edward Miller as he hitchhiked around the country on a sojourn to escape the troubles of his faltering marriage, he told a reporter in a 1987 prison interview.

    Miller, heading east from Ohio with a load bound for Jersey City, picked him up at a dark rest stop on Interstate 80 the night of Oct. 16, 1983.

    A week later, Abe Miller and two other brothers found Edward sealed inside his rig's trailer at the Trexler Truck Plaza, dead of a single gunshot wound. Spooked by the sudden stop in Edward's nightly phone calls, the brothers drove to Pennsylvania to find him, Abe Miller said.

    The state's case against Williams was straightforward. When state police caught up with Williams in Kentucky more than a month later, he had Edward Miller's VISA and telephone credit cards. Backed up by a jailhouse confession, prosecutors alleged Williams shot Miller during a robbery.

    After his conviction, Williams said he confessed to counter threats against his former wife and son made by the target of a federal investigation in which he had cooperated. Williams said he signed the confession only because he believed the judicial system had safeguards to protect an innocent man from conviction.

    In a bid for a new trial, his attorney also presented the testimony of a truck stop prostitute and a convicted rapist who said another man shot Miller in a robbery. The man the witnesses implicated denied any involvement in Miller's death, and the rapist later recanted his testimony.

    The prostitute's testimony that she had sex with Miller in the cab of his truck the night he died was particularly hard for Miller's family to accept, Abe Miller said.

    "Edward was a very religious person. He was bashful and he would do anything for anyone, but he wouldn't have anything to do with prostitutes," he said.

    Abe Miller, of Millersburg, Ohio, said he has tracked Williams' appeals over the last 27 years and that his family found some relief when Williams' death sentence was overturned. Capital punishment, Abe Miller said, presented religious conflicts for his family, which belonged to a conservative branch of the Mennonite church.

    And although Abe Miller said he and Edward's other nine siblings coped with their loss, he believes the emotional toll of Edward's death killed their father, Andrew.

    Raised to be independent and industrious, Edward bought a truck tractor and began working as a driver after his father refused his offers to take over the day-to-day operation of the family farm near Dundee, Ohio, his brother said.

    "Edward wanted to show Mom and Dad and everybody that 'I can do it on my own,'" Abe Miller said. "He could have been successful on the farm, but Dad was very picky on the farm. Things had to be done just so."

    After Edward's murder, Abe Miller said, "I think he mentally took the blame that if he had let Edward farm, it wouldn't have happened."

    An uninformed opponent is a dangerous opponent.

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

  7. #7
    Administrator Heidi's Avatar
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    Oct 2010
    Appeals court affirms conviction in 1994 Erie slaying

    convicted murderer from Erie who succeeded in leaving death row has failed in his request to get a new trial in the case, in which he confessed to killing an elderly woman in her westside apartment in January 1994.

    Jose Marrero, 44, lost his latest appeal Wednesday in a unanimous ruling from a three-judge panel of the 3rd U.S. Circuit Court of Appeals.

    A jury in Erie County Court in October 1994 convicted Marrero of first-degree murder and sentenced him to die for strangling 68-year-old Elizabeth E. Smith.

    Marrero got the death sentence set aside in 2009, in light of 2002 U.S. Supreme Court decision that bars the execution of mentally retarded defendants.

    He went on to appeal his conviction in federal court on different grounds, though he was supposed to stop appealing as part of the deal that removed him from death row.

    "This case has been in the system close to 20 years, and now it is finally closed," said First Assistant District Erie County District Attorney Robert Sambroak Jr., who argued the case before the 3rd Circuit.

    An uninformed opponent is a dangerous opponent.

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

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