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Thread: Leon Jermain Winston - Virginia

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    Leon Jermain Winston - Virginia



    Summary of Offense:

    Born 07-02-80, Lynchburg, on DR since 01-29-04, victims: Anthony Robinson and Ronda Robinson (husband and wife shot to death in the commission of a burglary on 04-22-02).

    Leon Jermain Winston was convicted of the April 19, 2002, capital murders of Rhonda and Anthony Robinson at their home in Lynchburg.

    When police arrived they found the rear door had been forced open. Anthony’s body was at the foot of the stairs with five 9mm shell casings around and under his body.

    Rhonda’s body was on the floor of the upstairs bedroom shared by her two daughters, Niesha M. Whitehead, 8; and Tiesha Whitehead, 5. Four 9mm shell casings were found upstairs.

    Anthony bled to death from eight gunshot wounds in his head, chest, abdomen, arms and legs. Seven shots came from a 9mm semi-automatic handgun and one from a .38-caliber revolver.

    Rhonda, who was pregnant, also bled to death from eight gunshot wounds. One entered the top of her head and passed through her forehead, another passed through her chin into her neck and chest.

    Rhonda was shot to death in front of her two daughters, who then hid in a closet. Later, Niesha left the closet and discovered the bodies of her mother and stepfather.

    Niesha later identified Winston as one of two men who entered the house early that morning and did the shooting. A woman testified she drove Winston and Kevin Brown to the Robinsons’ home and waited outside and then drove off after hearing gunfire.

    A friend of Winston’s testified that Winston told him he had killed two people and robbed them of cash and cocaine. He said Winston explained he had been robbed several days earlier and needed the money. He also said Winston knew Rhonda was pregnant.

    The murder weapon was found in the apartment of someone Winston told to “hold” for him. Winston’s DNA was found on the weapon.

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    Habeas relief denied to Virginia death row inmate who claimed his execution was barred by Atkins



    On March 6, 2009, United States District Court Judge Samuel G. Wilson of the Western District of Virginia denied Leon Winston’s habeas petition. Winston v. Kelly, ___ F.Supp.2d ___, 2009 WL 577600 (W.D. Va. March 6, 2009).

    Wilson had previously rejected all but two claims raised by Winston – an Atkins claim and a claim that trial counsel were ineffective in failing to prepare and present the Atkins claim to the jury.

    The Virginia Supreme Court had found the Atkins claim procedurally defaulted and the ineffective assistance of counsel claim meritless under both prongs of the Strickland test. Wilson held an evidentiary hearing on the two claims, during which Winston presented new evidence. The new evidence included an IQ score of 66 that Winston had received as part of a psychological examination in 1997. Wilson ruled as follows: “Since this new IQ score fundamentally alters Winston´s ineffective assistance claim and he cannot account for his failure to present it to the Supreme Court of Virginia, this evidence renders that claim unexhausted and procedurally defaulted. The court therefore reviews the new evidence to determine whether Winston is ‘actually innocent of the death penalty’ so as to excuse his procedural default, and concludes that he cannot make the stringent showing actual innocence requires. Accordingly, the court is constrained to consider Winston´s ineffective assistance claim as it was fairly positioned before the Supreme Court of Virginia, not as he attempts to reposition it here. Examining Winston´s claim in light of the record presented to the Supreme Court of Virginia, the court finds that the Supreme Court of Virginia´s adjudication on the merits of Winston´s ineffective assistance claim, at least as to Strickland´s prejudice prong, was not unreasonable and finds nothing to excuse the procedural default of his Atkins claim. Accordingly, the court dismisses both claims and denies his petition for habeas corpus.”

    (Source: Capdefnet.org)

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    Facts of the Crime:

    Date of Birth: July 7, 1980

    Sex: Male

    Race: Black

    Entered the Row: January 29, 2004

    District: Lynchburg City

    Conviction: Capitol Murder

    Virginia DOC Inmate Number: 329099


    In the early morning of April 19, 2002, Anthony Robinson and his pregnant wife Ronda, were shot in their home on Sussex Street while their two daughters hid in the closet.

    The 8-year old daughter, Niesha Whitehead, testified in court that she saw two black intruders outside her second-floor bedroom she shared with her younger sister and then saw one of the men take her stepfather downstairs. She noticed the man had a tattoo that looked like a “big dog” and heard shots from below. She also testified that the man later came upstairs; she saw him shoot her mom.

    A cab driver testified that on the night of the murders, he drove two black men to several homes in the area and saw them check the windows; he identified one of the men as Kevin Eugene Brown and one of the homes on Sussex Street.

    Brown was charged with capital murder but was only convicted of second-degree murder and formally sentenced to 43 years in prison on November 8, 2003.

    In June 2003, however, a jury not only convicted Winston of capital murder but during the penalty phase, recommended that he be sentenced to death. Winston’s attorneys presented extensive mitigating evidence; his mother had abused alcohol and drugs while pregnant with him.[ii]

    On Jan. 29, 2004, Circuit Judge Mosby Perrow III followed the jury’s recommendation and formally sentenced Winston to death. The Virginia Supreme Court upheld the capital murder conviction and sentencing on Nov. 5, 2004.[iii]

    Almost a year later, a review of DNA by the Virginia Department of Forensic Science ordered by then-Gov. Mark Warner found an error in the testing of a glove presented as evidence during trial. DNA evidence for the murder weapon, however, was free of any errors.[iv]

    http://www.vadp.org/cases/lwinston.htm

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    Killer's death sentence appeal goes to circuit court


    The Fairfax County man sentenced to death in the 2002 Sussex Street slayings in Lynchburg has gotten another lease on life with an appeal to the Fourth Circuit Court of Appeals.

    Leon Jermain Winston, 28, was scheduled to be executed in 2007, but that was postponed when his lawyers filed a petition in U.S. District Court in Roanoke.

    Winston was sentenced to death in January 2004 for the April 19, 2002, slaying of Anthony Robinson and Rhonda Whitehead at their 410 Sussex St. home.

    According to evidence presented at trial, Winston and another man broke into their home, shot Anthony Robinson, and then killed six-months-pregnant Whitehead in front of her 4- and 8-year-old girls.

    In addition to murder, Winston was convicted of attempted robbery, burglary and gun crimes, for which he was sentenced to 73 years in prison.

    The petition filed in federal court in October 2007 claimed, among other things, that Winston’s trial lawyers had not produced evidence that he had been judged mentally retarded by school officials in the late 1990s.

    The U.S. Supreme Court ruled in 2002 that Virginia’s law allowing mentally retarded people to be executed was unconstitutional.

    U.S. District Court Judge Samuel Wilson issued an opinion in March rejecting more than 30 claims made in the petition. Although Winston's lawyers presented new evidence that he had been judged mentally retarded in 1997 with an IQ score of 66, Wilson wrote that three other scores above 70, the accepted threshold for mental retardation, had been presented in earlier appeals.

    The judge wrote that it is possible that even if the fourth score had been presented at trial, jurors could have found those scores more persuasive and decided that he was not mentally retarded.

    "Simply put, Winston cannot show that no reasonable juror would have found ineligible for the death penalty," Wilson wrote.

    And while he ruled that the trial lawyers did not provide ineffective counsel in failing to show that Winston was retarded, the judge did rule that enough evidence had been presented to grant an appeal on that matter to the 2nd-highest court in the country.

    Lynchburg attorney Leigh Drewry, 1 of Winston's 2 lawyers at trial, said in an interview Friday that he sent Winston’s school records to an expert to review. Drewry said he trusted that expert to go through the entire file, although that may not have happened.

    Court records show past statements by Drewry that if he had seen evidence that Winston was retarded, it would have been presented to the jury.

    In an interview Friday, he said he also should have been given an extra person for Winston’s defense team, to work with mitigation evidence for sentencing. Had that been granted, he said, he's 99 % sure the mental retardation evidence would have been uncovered before the trial.

    "The system screwed up because it did not give me the resources that people facing the loss of their life should have," he said.

    Winston's appeal lawyers recently filed a request with the Fourth Circuit Court of Appeals to broaden the grounds for their appeal beyond the claim that Drewry "unreasonably failed to present evidence of mental retardation."

    The motion asks the court to consider that:

    —victims' relatives approached 4 jurors during the 2002 trial, encouraging them to convict Winston and sentence him to death;

    —the jury should have been allowed to return a lesser homicide verdict because there was some conflicting testimony at trial as to whether Winston pulled the trigger in Whitehead's slaying;

    —Winston’s trial lawyers didn't do enough to discount testimony that Winston confessed to a friend and that another Lynchburg man not charged in the case could have played a role in the killings;

    —Winston’s trial lawyers didn't do enough to present mitigating evidence at sentencing about his low-functioning abilities and troubled upbringing, and that

    —Winston is retarded, which makes his execution unconstitutional.

    On Wednesday, Senior Assistant Attorney General Steven Witmer filed a response in opposition stating:

    —Winston's lawyers did not show that a mistrial would have been granted if one had been asked for because of the alleged jury tampering;

    —the gun used in the slayings was tied to Winston through DNA and ballistic evidence, and he admitted to a friend that he was responsible;

    —the Supreme Court of Virginia found that arguments about failings of Winston's trial lawyers didn’t show that they could have changed the outcome of the trial;

    —Judge Wilson ruled that mitigating evidence was presented, and

    —Winston has not established that he is mentally retarded because he tested below the threshold once and above it 3 times.

    The court must rule on whether to allow the expanded appeals before scheduling any future filings. Winston is incarcerated at the Sussex I State Prison in Waverly.

    (source: Lynchburg News & Advance)

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    Court Acts On 2 Va. Death Row Appeals

    RICHMOND, Va. (AP) ― A federal appeals court ruled Wednesday on two Virginia death row inmates' claims that they can't be executed because they are mentally retarded, rejecting one appeal and sending the other back to a judge for further review.

    A three-judge panel of the 4th U.S. Circuit Court of Appeals sent Leon J. Winston's case back to federal court in Roanoke to consider his retardation claim. A separate panel rejected a similar appeal by Darick Demorris Walker.

    The U.S. Supreme Court ruled in 2002 that executing the mentally retarded amounts to unconstitutional cruel and unusual punishment. Winston and Walker both cited that case, Atkins v. Virginia, in their appeals.

    Winston, of Fairfax County, was convicted of the 2002 slayings of Anthony and Rhonda Robinson in Lynchburg. Rhonda Robinson was pregnant at the time of the murder, and her 4-and 8-year-old daughters watched her die.

    At his trial, Winston's attorneys attempted to portray their client's background as deprived. They did not pursue a retardation claim, even though an expert had described him as mildly retarded. The only three intelligence quotient test scores they had at the time put Winston slightly above 70, the legal threshold for mental retardation in Virginia.

    Winston's appellate lawyers later found another IQ test on which he scored 66. The appeals court said that score should be considered at a new hearing.

    Walker's appeal did not involve IQ tests but centered on a second measure of retardation — severe limitations in his ability to function in society. Walker claimed that his difficulties reading, writing, holding a job and other "adaptive behavior" limitations showed he was mentally retarded.

    However, an expert for the state offered a conflicting view. He said evidence suggested Walker had people read to him because it was more convenient, not because he was unable, and that he had quit several jobs but wasn't fired because of his inability to perform. The expert also said Walker's criminal record showed he was able to conceive and execute plans.

    The appeals court said that given the conflicting testimony, it could not say a judge was plainly wrong in rejecting Walker's claim.

    Walker was sentenced to death for fatally shooting Stanley Beale and Clarence Threat after breaking into their Richmond homes in 1996 and 1997, respectively.


    http://wjz.com/wireapnewsva/Appeals.court.rejects.2.1453195.html

    Opinion here

    http://pacer.ca4.uscourts.gov/dailyopinions/opinion.pdf/092.P.pdf

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    On October 4, 2010, the US Supreme Court declined to grant certiorari for the state's appeal of the US Fourth Circuit Court of Appeals ruling.

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    Man convicted in Sussex Street slayings could get new trial

    A man facing execution for the 2002 slayings of a couple on Sussex Street should get a new trial to determine whether he is mentally retarded, or should be resentenced without the possibility of execution, a federal judge has ruled.

    Lawyers familiar with the case said the order is likely to be appealed.

    Leon Winston, 30, was sentenced to death in January 2004. Winston was convicted of the April 2002 murders of Anthony Robinson and Rhonda Whitehead at their 410 Sussex St. home. Though a witness testified during the trial that Winston was mildly retarded, IQ scores presented to a defense expert at the time were slightly above 70, the threshold for a diagnosis.

    His appeals lawyers later discovered Winston had been judged retarded by Fairfax County school officials in 1997 with a score of 66. The U.S. Supreme Court ruled in 2002 in Atkins v. Virginia that executing the mentally retarded constitutes cruel and unusual punishment.

    In his order Monday, Judge Samuel G. Wilson found that Winston’s trial lawyers should have more thoroughly reviewed Winston’s school records and that the outcome of his trial may have been different if they had.

    Lynchburg attorney Leigh Drewry, one of Winston’s two trial lawyers, has said he sent Winston’s school records to Dr. Evan Nelson, a Richmond-area forensic psychologist the defense had used as an expert. Drewry said he relied on Nelson to go through all the records, but took responsibility for the oversight.

    Drewry said Tuesday that he had mixed emotions about Wilson’s findings. He said he wished he had been able to convince the trial jury not to sentence Winston to death, but he was glad other lawyers were able to follow his work and to make something of the appeal.

    “I’m happy for Leon,” he said. “I’m glad he gets to live.”

    He said he expects the attorney general to appeal the order, though. Steve Northup, executive director for Virginians for Alternatives to the Death Penalty agreed.

    Northup said that if the ruling is challenged and upheld, a process that is likely to take another two or three years, a judge or jury would be asked to consider only whether Winston was retarded. If he is found to be retarded, he would likely be resentenced to life in prison. Or, he said, prosecutors could concede that he is retarded, in which case he also would likely be resentenced to life in prison.

    “That doesn’t help the victim’s family members,” he said. “And if Mr. Winston has a family that supports him and loves him, they’ll never get to see him a free man again. In these kinds of cases, there are no winners.”

    Winston’s lawyers had no comment about the ruling. A spokesman for the attorney general could not be reached after business hours Tuesday regarding the possibility of an appeal.

    http://www2.wsls.com/news/2011/may/1...ew-ar-1046162/

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    On July 18, 2011, the Commonwealth of Virginia filed an appeal in the US Fourth Circuit Court of Appeals over the granting of Winston's habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...urts/ca4/11-4/

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    Sussex Street Killer Appealing Death Sentence

    For the last eight years he's lived on death row for the 2002 murders of a Lynchburg couple and their unborn child. But new evidence that suggests he's mentally retarded may spare his life.

    It's just the latest twist in one of Lynchburg's most notorious murder cases in recent history and another roadblock, some say, to finding justice.

    It was a warm April morning back in 2002. Two young girls waited on the doorstep of 410 Sussex Street with a tale-- that 10 years later--the lead detective still can't forget.

    "It doesn't haunt me, it saddens me probably more than anything," said Lt. Dave Gearhart of the Lynchburg Police Department. "To be that young and to experience that is something that no child should have to."

    Detectives stepped in to a gruesome crime scene.

    Ronda Robinson, who was six-months pregnant, was gunned down by a man with a dog tattoo while her two daughters watched. Their stepfather, Anthony Robinson, was already bleeding to death downstairs.

    The evidence against Leon Winston was strong. His DNA was on the murder weapon, the victim's 8-year-old daughter testified seeing him at the murder scene, and even his close friend told jurors Winston admitted to the killings.

    The victim's sister reacted to the Winston's behavior in court just after the jury recommended he get the death penalty.

    "He showed no emotion. He laughed a few times with his lawyers. He turned around glanced at the pictures as they showed them as though it was a dead bird," said Ann Marie Lewis back in 2003.

    Shortly after the verdict was read, the lead prosecutor recognized the historic nature of the case. It was the first time a Lynchburg jury recommended the death sentence in more than 40 years.

    "Nobody gets the death penalty until the prosecution says that's where we're going. It's not an easy decision. It's not a pleasant decision but it is justice," said William G. Petty back in 2003.

    But Winston got a chance the Robinsons never had. In 2010, a federal judge lifted his death sentence because of an IQ score of 66, below the 70 threshold for mental retardation. The Attorney General's Office is appealing that decision, so a 4th Circuit Court judge or a jury will likely determine his fate. The Attorney General's Office says they're scheduled to be in court this May. Winston's attorney's could not comment because of his pending appeal.

    David Bruck, who advises attorneys with clients facing the death penalty, wonders why Winston is on death row in the first place. Bruck is the director of Virginia Capital Case Clearinghouse at Washington and Lee University.

    "I think it would be a miscarriage of justice to execute this man because it seems quite clear that he is so mentally disabled that under the constitution it is not permissible," said Bruck.

    He says in the last four years, Virginia has seen roughly 1,400 murders and only two people out of those were sentenced to death.

    "Leon Winston lost the lottery in order to get to death row and that's the freakish part," said Bruck.

    While Winston waits to hear whether the judge's decision will be upheld, two little girls forced to grow up too quickly will wait too.

    Winston is still living at the Sussex State Prison. He's one of 11 people on Virginia's death row.

    http://www.wset.com/story/17048090/c...ssex-st-killer

  10. #10
    Administrator Moh's Avatar
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    On May 15, 2012, the US Fourth Circuit Court of Appeals will hear oral arguments in Richmond in Virginia's appeal of the Federal District Court's granting of Winston's habeas petition.

    http://pacer.ca4.uscourts.gov/calendar/051512.htm

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