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Thread: Michael Jonathon Carlson - Arizona Death Row

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    Michael Jonathon Carlson - Arizona Death Row




    Prosecutors' legal strategy advances in murder case


    One of two murder cases pending against a Tucson man has been dismissed at the request of prosecutors, who hope to overturn a judge's decision to throw out his police confession.

    Michael Carlson, 54, told Pima County sheriff's deputies in June 2009 that he had recently killed two friends and that he had shot his sister to death in May 2003.

    Carlson was indicted on first-degree-murder charges, and the two cases were assigned to separate judges, Christopher Browning and Richard Nichols.

    Last month, Browning told prosecutors that they could not use Carlson's confession in the case involving Carlson's sister because deputies had violated his Miranda rights.

    Prosecutors asked Browning earlier this week to dismiss the case so they could file with the Arizona Court of Appeals - knowing that Carlson would remain in jail in the double-homicide case.

    Browning granted the motion Wednesday over the objection of defense attorneys.

    The case should just be "stayed" until the upper court issues a ruling on the "special action" already filed by prosecutors, defense attorney Harley Kurlander argued.

    Kurlander said he intends to ask Nichols to toss out the confession in the double-homicide case within the next couple of weeks. Originally, he had planned to wait until the higher court ruled on the special action.

    The confession is considered a key piece of evidence in both cases. If Carlson is convicted in the double-homicide case, he could receive the death penalty.

    Carlson was sentenced to 99 years in a Texas prison for aggravated armed robbery in the early 1980s. He was released on parole in May 2003 and moved in with his sister in Tucson, according to court documents.

    Five months later, Carlson reported that his sister, Maria Thoma, 51, missing. Her body was found the same day, and she had been shot four times in the face and torso with a shotgun.

    Her murder remained unsolved, and Carlson spent the next few years in and out of Texas prisons for violating his parole. He eventually absconded and ended up back in Tucson in December 2008.

    Carlson was named a "person of interest" in June 2009 when Kenneth Alliman, 49, and Rebecca Lou Lofton, 52, disappeared.

    Detectives picked Carlson up on the Texas fugitive warrant, and he allegedly confessed to killing the Marana couple and his sister.

    When detectives began reading Carlson his rights, Carlson said he knew them, repeated some of them back and waived them, according to court documents.

    Carlson didn't mention his right to have an attorney present during the questioning itself, so it isn't clear if he knew he had a right to an attorney at that moment in time.

    Browning ruled the deputies should have read Carlson all of his rights, noting that the Miranda warnings consist of 55 words, and law-enforcement officers carry them around on a card.

    http://azstarnet.com/news/local/crim...44f9976be.html

  2. #2
    Administrator Heidi's Avatar
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    At the Courthouse: Death penalty case to be delayed

    Jury selection in the Michael Carlson double homicide trial was expected to start next week with 300 potential jurors filling out questionnaires, but that isn't going to happen.

    It seems one of the defense's mitigation experts isn't going to be available for awhile due to personal circumstances beyond his control.

    Thanks to scheduling conflicts, Carlson may not be going to trial until August now.

    Carlson is charged with first-degree murder in the June 2009 deaths of Kenneth Alliman, 49, and Rebecca Lou Lofton, 52.

    Carlson told detectives he shot Alliman and Lofton to death and then burned their bodies over a three-day period in Avra Valley.

    It gets even stranger, though.

    First, he is also suspected of killing his sister in May 2003. Secondly, he told a local TV reporter he has murdered eight other people (although his sister is not among those he confessed to).

    One of Carlson's defense attorneys, Harley Kurlander, gave Judge Richard Nichols a copy of that TV interview recently, with proposed redactions.

    In the interview, Carlson provides gruesome details of each of the other murders. He says he started killing people when he was 11-years-old and living near Hollywood, Calif.

    He said the others took place in Calabasas, Ca., Wichita, KS, Arlington, TX, Euless, TX, Fort Worth, TX and here in Pima County.

    In each instance, Carlson said his victims deserved it because they were rapists, child molesters, wife-beaters and in one instance, a thieving drug dealer who blamed an innocent girl for his misdeeds.

    Carlson says he even shot his father when he was 7-years-old, but his father lived.

    In the interview, Carlson said he killed Alliman and Lofton because they were stealing from one of his friends (the man who owned the property they were staying on) and because Alliman had a habit of shooting his shotgun off at night and he feared for the safety of some children living on the property.

    When talking about his first murder, Carlson said, "to deal with evil, you have to become evil. You have to become more evil than they are to deal with the violent ones of this earth you have to become more violent."

    Carlson says throughout the interview he put people "to sleep" so they could never hurt anyone again.

    "I don't see myself as a monster. I know I done some bad."

    When asked how he could act as God, Carlson said, "I'm not God and, uh, I'm not sayin' what I did is right. What I did is wrong. I'm saying that there comes a time in everyone's life when they have to take a stand. And I took a stand a long, long time ago on what I would do to people that hurt others. I look at myself as someone who tried to protect those that woulda been harmed, woulda been hurt. But if society wants to label me as a serial killer, as a monster, as an animal, that's their prerogative."

    He also said he isn't afraid of being executed.

    "No. We all have to die sometime. We all gotta go to sleep sometime. I'm 53-years-old and I don't have no family out there. I don't have nobody out there. I got nothing in this life. I've not nothing to show for my life."

    Now here's the kicker: Detectives have found absolutely no evidence any of the other eight murders actually took place!

    No one knows why Carlson would claim to be a serial killer, but Kurlander and fellow attorney, Leslie Bowman, contend Carlson falsely confessed to the local murders to avoid going back to Texas.

    Carlson was sentenced to 99 years in a Texas prison for aggravated armed robbery in the early 1980s and is wanted there now for violating his parole.

    The attorneys say Carlson was so badly abused in the Texas prison system he'd do anything to avoid going back.

    The trial is expected to last more than a month. Deputy Pima County Attorney Nicol Green is handling the case for the government.

    http://azstarnet.com/news/blogs/cour...#ixzz1aQEF8Lla

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    Murder suspect Michael Carlson torn about attorney

    Triple murder suspect Michael Carlson apparently isn't too pleased with his attorney, Harley Kurlander.

    On Feb. 7, Carlson asked Judge Christopher Browning to remove Kurlander from his case and to tell Kurlander to hand over his file.

    When Judge Browning met with Carlson on Feb. 13, Carlson withdrew his motion, but asked for some time to confer with Kurlander about his representation.

    He'll scheduled to meet with Judge Browning again tomorrow.

    Carlson, 54, told Pima County sheriff's deputies in June 2009 that he had recently killed two friends, Kenneth Alliman, 49, and Rebecca Lou Lofton, 52, and that he had shot his sister to death in May 2003.

    Carlson was indicted on three first-degree-murder charges. The charges were dismissed in his sister's case after the judge threw out his confession based on Miranda violations.

    If he's convicted in the double homicide case during his August trial, he could receive the death penalty.

    http://azstarnet.com/news/blogs/cour...#ixzz1mwtKFXCM

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    New defense attorney joins Carlson case

    It looks like Harley Kurlander will continue to represent Michael Carlson afterall, but he'll have a new co-counsel.

    Darlene Edminson-O'Brien, who recently left the public defender's office, will be replacing Leslie Bowman. Bowman is our newest U.S. Magistrate.

    Earlier this month, Carlson asked Judge Christopher Browning to remove Kurlander from his case and to tell Kurlander to hand over his file.

    When Judge Browning met with Carlson on Feb. 13, Carlson withdrew his motion, but asked for some time to confer with Kurlander about his representation.

    Carlson met Edminson-O'Brien yesterday during a brief hearing.

    Carlson, 54, told Pima County sheriff's deputies in June 2009 that he had recently killed two friends, Kenneth Alliman, 49, and Rebecca Lou Lofton, 52, and that he had shot his sister to death in May 2003.

    Carlson was indicted on three first-degree-murder charges. The charges were dismissed in his sister's case after the judge threw out his confession based on Miranda violations.

    If he's convicted in the double homicide case, he could receive the death penalty.

    Back in May 2010, I wrote a story about how Tucson's lady lawyers get no love when the annual Best Lawyers in America list comes out. Those I spoke to listed Bowman as one of those who should get recognition for their work.

    The following is an excerpt from that story:

    Bowman went to law school in the early 1980s, but didn't take the bar exam until her divorce in 1991 when she realized she couldn't support herself and her sons while working in behavioral health. She partnered with another lawyer for six years until her sons were more self-sufficient.

    Fortunately, her dad gave her a loan and her partner allowed her to take some clients with her.

    "I knew we'd never go hungry," Bowman said. "Not everyone has that opportunity."

    Bowman, who represents a variety of clients, including suspected murderers and drug runners, said her family had some tough times.

    "They spent a lot of time with sitters and there were times when they didn't want me to work so much," Bowman said.

    I included Edminson-O'Brien in the story as well.

    O'Brien worked as a sign language interpreter before going to law school and becoming a public defender.

    How successful a woman becomes depends on an individual's definition of success, she said. Some might define it in terms of money or press coverage, she said, others in terms of personal fulfillment.

    "I love my job," she said. "I'm committed to the work. I enjoy it because it's brand new every day."

    http://azstarnet.com/news/blogs/cour...#ixzz1n8vu5O5Y

  5. #5
    donvas60
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    I would like to know if the Deputies are going to face any CHARGES or be REPRIMANDED for their lack of properly doing their job. If you or I fail to fulfill our work dutys, We would surely be reprimanded.

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    Moderator MRBAM's Avatar
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    Death penalty case starts Tuesday

    Opening statements in the Michael Carlson trial will be heard around 11 a.m. tomorrow — sometime after Judge Richard Nichols gets done reading his initial instructions to the jury.

    Michael Carlson, 56, is accused of killing Kenneth Alliman, 49, and Rebecca Lou Lofton, 52, three years ago. If he's convicted, he could receive the death penalty.

    Back in June 2009, Carlson told Pima County sheriff's deputies he had recently killed Alliman and Lofton and that he had shot his sister to death in May 2003.

    Carlson was indicted on three first-degree-murder charges, but the charges were dismissed in his sister's case after Judge Christopher Browning threw out his confession based on Miranda violations.

    Carlson is represented by Harley Kurlander and Darlene Edminson-O'Brien and Nicol Green is the prosecutor assigned to the case.

  7. #7
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    Jurors in the Tucson trial of a man charged with killing a man and woman and then burning their bodies over several days have heard him confess in a taped interview with a television reporter.

    Michael Carlson's statement to detectives investigating the May 2009 deaths of 49-year-old Kenneth Alliman and 52-year-old Rebecca Lou Lofton has been ruled inadmissible because his rights against self-incrimination were violated. But that didn't keep prosecutors from playing the television interview in court on Friday.

    The Arizona Daily Star (http://bit.ly/PlQyTh) reports Carlson also said he had killed eight to 10 other people, but police have found no evidence of that.

    Carlson's defense lawyer, Harley Kurlander, told jurors during opening statements that if Carlson would lie about committing murders that didn't take place, he would lie about killing Alliman and Lofton.

    Kurlander also said Carlson falsely confessed because he doesn't want to return to the Texas Department of Prisons, where he has been raped, beaten and stabbed repeatedly.

    He fled parole and came to Arizona, moving on to property owned by a family near Marana. Carlson, 56, was sentenced to 99 years in a Texas prison for aggravated armed robbery in the early 1980s and is wanted there now for violating his parole.

    If convicted here, Carlson could get the death penalty.

    In the television interview, Carlson said he and the two victims were living on the property. He said he told Alliman on May 25, 2009, that he was tired of what Alliman was doing to their hosts and that he and Lofton were being "evicted."

    He said he forced Lofton to tie Alliman up at gunpoint, then put both of them in the trunk of his vehicle. His original intention was to leave the pair out in the desert, not caring if they lived or died, Carlson said.

    He ended up shooting them to death when Lofton got her hands loose and Alliman began to struggle, he said.

    He brought their bodies back to the Menden property where he burned them in several fire pits. Carlson told the reporter he regretted having killed Lofton and that it "messed (him) up."

    If he had the chance to talk to Lofton's daughter, Carlson said, he would tell her, "I truly regret having taken your mother and put her to sleep the way I did."

    Alliman, however, "committed a cardinal sin," Carlson said.

    "He got what he deserved, just like I'm gonna get what I deserve," Carlson said.
    An uninformed opponent is a dangerous opponent.

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

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    Moderator MRBAM's Avatar
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    Texas man is convicted of killing Marana couple

    TUCSON, Ariz. (AP) - A Texas man has been convicted of first-degree murder and kidnapping in the deaths of a Marana couple in 2009.

    A Pima County Superior Court jury deliberated about eight hours over three days before reaching its verdict Friday against Michael Carlson.

    The Arizona Daily Star (http://bit.ly/T3e0Wh) says jurors now will be asked to decide if the 56-year-old Carlson should be eligible for the death penalty.

    Carlson was arrested in June 2009 on an outstanding Texas parole violation warrant two weeks after 49-year-old Kenneth Alliman and 52-year-old Rebecca Lofton were reported missing.

    Carlson was indicted in the case after he told a television reporter he had killed the couple and burned their bodies in trash pits. Carlson had been living with the couple rent-free on five acres of land near Tucson.

    http://www.azstarnet.com

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    Jury finds Carlson eligible for death penalty

    Jurors in the double-murder trial of Michael Carlson found him, late Friday, eligible for the death penalty.

    Earlier in the day, they had found him guilty of killing a Marana couple.

    Carlson was found guilty of two counts of first degree murder and two counts of kidnapping in the deaths of Kenneth "KR" Alliman and Rebecca Lofton in 2009.

    Their remains were found burned in trash pits on the property on which they all lived.

    At the time of the crimes, Carlson was wanted in Texas for violating parole.

    He was out of prison after getting 99 years for aggravated armed robbery, according to the Arizona Daily Star.

    After Friday's verdict, Alliman's 73-year-old mother told us what she hopes happens to Carlson.

    "He had that life sentence before and he got out of it. So I don't want that with parole or nothing like that. Just the plain death. And I'd kinda like to be there when they did it," Diana Alliman said.

    She has been in court throughout the trial.

    Alliman and her friend spoke with us about the toll the ordeal has taken on her.

    "He was the only son I had. Well, the only child I had. So that's the end of my family," Alliman told us.

    "I met with her when we viewed the bones and she almost passed out. You know it's so hard. It's so hard," said Alliman family friend Bernice Fuller.

    After finding Carlson is eligible for the death penalty, the jury next will decide whether to sentence him to death.

    http://www.tucsonnewsnow.com/story/1...le-murder-case
    An uninformed opponent is a dangerous opponent.

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

  10. #10
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    Family members tell jury of rage, grief over killings

    Rebecca Lofton's daughters are haunted. Instead of remembering her free-spirited nature, generosity and effervescence, they told jurors Wednesday they are haunted by images of her fate at the hands of Michael Carlson.

    Jennifer Beltz called Carlson's crime "barbaric and inexcusable." In a letter to the jury, Toby McClarty said she hopes Carlson will never forget her mother's laugh or the fact her children and grandchildren will never hear it again because of him.

    Diane Alliman, whose son, Kenneth, was killed alongside Lofton, also wrote a letter to the jury. In it, she said God may forgive Carlson, but she can't.

    "When you made the decision to take my son's life, you took everything. I have nothing left to look forward to. I have nothing left to care about," Alliman said. Her days are long and filled with loneliness, she said.

    Wednesday was the first day in the punishment phase of Carlson's capital murder trial. Prosecutors are asking the jurors to impose the death penalty.

    A Pima County grand jury convicted Carlson of first-degree murder last week in the May 25, 2009, deaths of Lofton, 52, and Alliman, 49.

    Prosecutors presented evidence that Carlson shot the couple to death and burned their bodies in trash pits located on property owned by the Menden family in Marana.

    After jurors heard from the victims' family members, defense attorneys Harley Kurlander and Darlene Edminson-O'Brien told jurors they hope they will spare Carlson's life after hearing how he became the man he is today.

    Edminson-O'Brien told jurors Carlson's father was a drunk who worshiped Al Capone and terrorized his family with the many guns he collected. He was a mentally ill man who sexually abused at least one of his children, beat the children's mother and moved them constantly from state to state, Edminson-O'Brien said.

    Carlson's mother eventually divorced his father, but Carlson's stepfather rejected him and he began hanging out with the wrong crowd at 14, Edminson-O'Brien said.

    After getting into trouble as a juvenile, Carlson joined the Marines, but didn't do well because he didn't have any coping mechanisms, Edminson-O'Brien said. Shortly after he got out, he was arrested but deemed incompetent. His mental-health issues caused him to self-mutilate, she said.

    He was later deemed competent and sent to prison for the first of many times, Edminson-O'Brien said.

    Kurlander told jurors that because of his upbringing, Carlson's ability to appreciate the wrongfulness of his actions was "significantly impaired," and his life should be spared as a result.

    He also said jurors should take into consideration other factors, such as the possibility that Carlson didn't act alone, and therefore his life should be spared because he played a diminished role.

    Kurlander also asked them to consider Carlson's protective nature and desire to be part of the Menden family, and that he told a TV reporter he was sorry about killing Lofton.

    http://articles.orlandosentinel.com/...ntally-ill-man

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