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Thread: Marvin Rice Sentenced to LWOP in 2017 MO Murders of Annette Durham and Steven Strotkamp

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    Administrator Heidi's Avatar
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    Marvin Rice Sentenced to LWOP in 2017 MO Murders of Annette Durham and Steven Strotkamp


    Annette Durham, 32, and her boyfriend, Steven Strotkamp, 39


    Marvin Rice


    State seeking death penalty against Rice

    The state plans to seek the death penalty for Marvin Rice, Salem, charged with two counts of first-degree murder in the Dec. 10, 2011, shooting deaths of Annette Durham, 32, and her boyfriend, Steven Strotkamp, 39, in rural Dent County.

    Rice is scheduled for a Dec. 4 trial in Wayne County on a change of venue from Dent County. He is being held in Cole County for treatment of injuries he sustained when he was shot as he was captured.

    The death penalty motion was filed Oct. 9 in Wayne County by Dent County Prosecuting Attorney Sid Pearson. Pearson said he filed the notice after discussing it with family members of the victims.

    Pearson said state statutes have 17 factors for the death penalty to be considered.

    The factors Pearson is citing are:

    • The murder in the first-degree offense was committed while the offender was engaged in the commission or attempted commission of another unlawful homicide.

    • The offender by his act of murder in the first-degree knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives or more than one person.

    • The murder in the first degree was committed while the defendant was engaged in the perpetration or attempts to perpetrate a felony of kidnapping.

    “These are the requirements that I believe fit this case,” Pearson said Friday.

    Authorities believe Rice, a former Dent County deputy sheriff and Missouri corrections officer, was involved in an argument with Durham and Strotkamp before he shot them and fled the scene.

    Rice went to the residence demanding a 2-year-old child be returned to his custody, according to a release from the Dent County sheriff’s office. Rice has confessed to the murders, according to a probable cause statement from law enforcement.

    After the shootings, Rice led authorities on a multi-county pursuit that ended with a shootout at Jefferson City hotel.

    Rice is being held without bond in the Cole County Jail after being released from a Columbia hospital. He was in the hospital being treated for injuries he suffered during an exchange of gunfire between him and law enforcement officers at the Capitol Plaza Hotel.

    Cole County Prosecuting Attorney Mark Richardson said a Cole County Grand Jury Dec. 20, 2011, indicted Rice on felony counts of assault of a law enforcement officer, armed criminal action and resisting arrest.

    No court date has been set in Cole County. The case will be heard by Judge Patricia Joyce, presiding judge of the 19th Circuit Court.

    http://www.thesalemnewsonline.com/ne...9bb30f31a.html
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    Administrator Moh's Avatar
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    Rice murder trial set to begin Monday

    The murder trial of Marvin Rice will convene Monday at the Dent County Courthouse. Judge Kelly Parker will preside over the trial. Rice is charged with two counts of first-degree murder stemming from the deaths of Annette M. Durham and Steven W. Strokamp.

    The state alleges Rice shot the victims in December 2011 as part of an ongoing custody battle over the couple’s son, who was two-years-old at the time. If convicted, Rice faces execution or a sentence of up to life imprisonment without parole.

    Rice’s fate will be decided by a jury selected from Wayne County. The jurors will be housed in Salem for the duration of the trial.

    Rice will be prosecuted by Dent County Prosecuting Attorney Andrew Curley with assistance from Special Prosecutor Joseph Schlotzhauer and Assistant State Attorney General Kevin Zoellner. Rice will be defended by public defender Sharon Turlington with assistance from Robert Lundt and Charles Hoskins.

    The trial is scheduled to take place to Feb. 12. Curley has declined to comment to the press prior to the trial.

    According to court documents released after the shootings, Rice confronted Durham and her boyfriend, Strokamp, at a residence on Dent County Road 3300 Dec. 11, 2011. An argument occurred during which Rice allegedly shot the victims multiple times in their chests.

    Durham's six-year-old daughter was hiding in the bedroom with her brother and heard two sets of gunshots, according to a Highway Patrol probable cause statement. The girl later told highway patrol investigators, "I don't like Marvin anymore. He killed my mommy. And Steven didn't even have nothing to do with it," according to the statement.

    Rice then began fleeing north on Highway 72 before merging onto Highway 63. Police officials began pursuit near Westphalia after identifying his white Subaru station wagon and using Rice’s cell phone signal to determine his location. During the chase speeds exceeded 80 miles-per-hour. Rice got as far as Jefferson City. He exited the highway after his tires were ruptured by a spike strip and fled into the downtown Capital Plaza Hotel. A holiday party happened to be occurring in the hotel at the time.

    A shootout broke out between Rice, a pursuing Jefferson City police officer and an off-duty Cole County sheriff’s deputy who was serving as security for the holiday party. Rice fired several shots toward the officers with a .40 Glock. He was apprehended after being struck by bullets in the abdomen and forearm.

    Since the 2011 incident, Rice has been incarcerated in Cole County while awaiting trial. Proceedings were initially scheduled to begin in November of 2012, but were delayed when the state informed Rice’s attorney’s that they would be seeking the death penalty.

    Prior to the 2011 shooting, Rice was serving as a correctional officer at the South Central Correctional Center in Licking. From 2004 to 2009 Rice served as a deputy with the Dent County Sheriff’s Office.

    http://www.thesalemnewsonline.com/ne...c0cd34089.html

  3. #3
    Moderator Ryan's Avatar
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    February 4, 2016

    Mistrial declared in Marvin Rice case

    Judge Kelly Parker declared a mistrial in the case of the State of Missouri versus Marvin Rice Thursday morning citing low juror turnout in Wayne County, according to a docket entry by Parker.

    Parker's docket entry reads, "after a day and a half of jury qualification, it became apparent to the court and all counsel that the qualification of a jury panel in Wayne County will not happen."

    The defense requested a mistrial to which the state did not object. Parker wrote proceedings are set to move to St. Charles County. No date was given.

    "Fundamental fairness requires the court to follow the agreement of the parties and change venue to St. Charles County," Parker wrote.

    The trial was scheduled to convene Monday. Rice is charged with two counts of first degree murder for the 2011 shooting deaths of Annette M. Durham and Steven W. Strokamp.

    http://www.thesalemnewsonline.com/ne...dbe78737a.html

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    Rice trial date set for Aug. 2-17, 2017, in St. Charles County

    The murder trial of Marvin Rice will convene Aug 2 through 15, 2017, in St. Charles County, according to Dent County Prosecuting Attorney Andrew Curley. Curley said the late summer date was the soonest available on the busy St. Charles docket.

    Rice is charged with two counts of first-degree murder stemming from the deaths of Annette M. Durham and Steven W. Strokamp.

    The state alleges Rice shot the victims in December 2011 as part of an ongoing custody battle over the couple’s son, who was two years old at the time. If convicted, Rice faces execution or a sentence of up to life imprisonment without parole.

    Rice’s trial was to be at the Dent County Courthouse earlier this year with a jury selected from Wayne County, however, Judge Kelly Parker declared a mistrial in the case citing low juror turnout in Wayne County.

    Parker's docket entry reads, "after a day and a half of jury qualification, it became apparent to the court and all counsel that the qualification of a jury panel in Wayne County will not happen."

    The defense requested a mistrial to which the state did not object.

    "Fundamental fairness requires the court to follow the agreement of the parties and change venue to St. Charles County," Parker wrote.

    Prior to the 2011 shooting, Rice was serving as a correctional officer at the South Central Correctional Center in Licking. From 2004 to 2009 Rice served as a deputy with the Dent County Sheriff’s Office.

    http://www.thesalemnewsonline.com/ne...ff031a608.html

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    Former deputy's capital murder trial to be held in St. Charles

    By Robert Patrick
    The St. Louis Post-Dispatch

    The capital murder trial of a former Dent County sheriff’s deputy accused of killing his ex-girlfriend and her new boyfriend in 2011 will be held in St. Charles Circuit Court after a financial and legal dispute was resolved last week.

    Prosecutors say that Marvin Rice, now 49, of Salem, Mo., fatally shot Annette Durham, 32, and Steven Strotkamp, 39, on Dec. 10, 2011, after an argument over the custody of the son Rice and Durham shared.

    Rice then took his son and left him with his wife before leading police on a chase that ended with a shootout in a Jefferson City hotel amid a holiday party, news reports at the time said.

    Prosecutors have said they will seek the death penalty if Rice is found guilty.

    Rice’s murder trial began in February 2016 in Wayne County after one change of venue, but lawyers couldn’t find enough qualified jurors, court records show.

    Both sides then agreed to move the trial to St. Charles County.

    But on May 2, St. Charles County Presiding Judge Rick Zerr balked at hosting the trial, writing in a letter to the Supreme Court that there was no courtroom available and no money, given that the county was expecting to also host the capital murder trial of Pamela Hupp.

    Prosecutors say Hupp fatally shot a disabled man in August in an attempt to divert attention from herself in the 2011 death of her friend.

    Zerr wrote that the county courts would already be exhausting their “entire annual budget for jury costs and have received an emergency appropriation ... of an additional $100,000.”

    Circuit Judge Kelly W. Parker decided to move the case back to Dent County but pick jurors from St. Charles County, but Rice’s lawyers objected and appealed his decision.

    They said that holding the trial in Dent County would put Rice’s former colleagues in charge of the jury and in a situation where “local law enforcement has an interest in the outcome.”

    They also said that Rice was being kept in the Crawford County jail, in isolation, without the ability to shower or exercise, and that Rice’s public defenders would have to pay to house witnesses, lawyers and staff in a nearby town.

    In their own court filing, lawyers for the Missouri attorney general’s office also said that Parker was without the authority to order the trial’s return to Salem.

    On Monday, Presiding Judge Lawrence Mooney of the Missouri Court of Appeals, Eastern District, said Missouri law is clear that there is no authority for moving the trial again.

    Mooney ordered Parker to vacate his order by Friday. It was not clear whether he had done so as Rice’s case information is not visible to the public. Parker ordered the case effectively taken offline before the last trial. Some state judges do so to prevent jurors from doing their own research.

    Zerr, reached Thursday, said that the trial would proceed, although the logistics of where jurors would stay have yet to be worked out.

    The financial concerns have been eased somewhat by the postponement of the Hupp trial, which is now scheduled for April, Zerr said.

    “We’ll make it happen,” he vowed.

    Jury selection was set to begin Aug. 2, with the trial originally expected to last from Aug. 7 to 15.

    http://www.stltoday.com/news/local/c...11a710919.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Jury in St. Charles County finds former Dent County deputy guilty of two murders

    By Robert Patrick
    The St. Louis Post-Dispatch

    ST. CHARLES - A jury here on Thursday found a former Dent County sheriff’s deputy and state correctional officer guilty of the murder of his ex-girlfriend and her new boyfriend in 2011.

    Marvin Rice was found guilty of first-degree murder in the shooting of Annette Durham, 32, and second-degree murder in the shooting of Steven Strotkamp, 39. But those jurors are not done. The penalty phase of the trial begins Friday morning. Prosecutors are seeking the death penalty.

    The fatal shootings sprang from a custody dispute between Rice and Durham over their son.

    Rice had an affair with Durham while he was a Dent County sheriff’s deputy.

    Durham, who struggled with drug addiction, had been in and out of jail several times and their son was born in 2010 while she was serving a prison sentence. Rice and his wife took custody, but no formal agreement was in place, Dent County Prosecuting Attorney Andrew Curley told jurors in his opening statement Monday.

    When Durham got out of prison in 2011 after another short stay, she was determined to get her life together and establish a relationship with her son, Curley said. Rice initially allowed her only brief visits supervised by him.

    But on Dec. 10, 2011, she was allowed an unsupervised visit and decided that she wanted to keep her son overnight, Curley said.

    When Rice found out, he went to the house outside of Salem that Durham shared with Strotkamp.

    He shot both with a .40-caliber pistol, took his son and then gave the boy to his wife before leading police on a high-speed chase that ended in a shootout in a Jefferson City hotel during a Christmas party, Curley said.

    Curley said Monday that Strotkamp was able to identify Rice as his killer before he died. Durham’s daughter also testified that she heard loud noises that she later learned were gunshots before seeing Rice with a pistol. He took his son and left without saying a word, she told jurors. She then saw the two bodies before running for help.

    Public defender Charles Hoskins told jurors that Rice “snapped” when Durham told him, “You’re never seeing (your son) again, and neither is your family.”

    He said Rice was under “extreme emotional distress” at the time and that a pituitary tumor and the 17 medications he was taking affected his impulse control and made him misinterpret reality in a paranoid manner.

    He said Rice did not take the time for “cool reflection” necessary to convict Rice of first-degree murder.

    http://www.stltoday.com/news/local/c...5b619e234.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Senior Member CnCP Legend CharlesMartel's Avatar
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    Judge to decide punishment for ex-deputy convicted of murder

    ST. CHARLES, Mo. (AP) - A judge will have to decide whether a former eastern Missouri sheriff’s deputy and state correctional officer gets life in prison or the death penalty for a double homicide.

    A jury last week found Marvin Rice guilty of first-degree in the shooting death of his ex-girlfriend, 32-year-old Annette Durham, and second-degree murder in the shooting death of 39-year-old Steven Strotkamp.

    But the St. Louis Post-Dispatch reports that the jury on Saturday couldn’t decide a punishment, voting 11-1 in favor of the death penalty when a unanimous vote was needed. The penalty will now be decided by Judge Kelly Parker. A punishment hearing is Oct. 6.

    Rice was a former Dent County deputy. He was convicted of killing Durham and her boyfriend in 2011 during a child custody dispute.

    http://via.fox2now.com/qUoBd

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    Administrator Helen's Avatar
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    Judge in St. Charles County sentences former Dent County deputy to death for murder

    By Robert Patrick
    The St. Louis Post-Dispatch

    ST. CHARLES - A judge here Friday sentenced a former Dent County sheriff’s deputy and state correctional officer to death for the murder of his ex-girlfriend, Annette Durham, in 2011.

    Judge Kelly Wayne Parker also sentenced Marvin Rice to life in prison for the murder of Dunham's boyfriend, Steven Strotkamp, 39.

    A jury in August found Marvin Rice guilty of first-degree murder for Durham's death and and second-degree murder for Strotkamp's. But jurors deadlocked on whether Rice should die for Durham's death, meaning the decision was left to Parker.

    The trial was moved to St. Charles County from Dent County because of the publicity attached to the case, and because of Rice's former job there.

    The fatal shootings sprang from a custody dispute between Rice and Durham over their son, who was conceived during an affair Rice had while he was a Dent County sheriff’s deputy and born while she was serving a prison sentence.

    Durham, who struggled with drug addiction, was trying to turn her life around, and was seeking greater time with their son. No custody agreement was in place, and Rice initially allowed her only brief supervised visits.

    On Dec. 10, 2011, she was allowed an unsupervised visit and decided that she wanted to keep her son overnight, Dent County Prosecuting Attorney Andrew Curley told jurors in his opening statement during the trial.

    Rice found out and went to the house outside of Salem that Durham shared with Strotkamp. He argued with Durham, then shot her on the doorstep and shot Strotkamp inside the home. Durham's daughter was in a bedroom with her half-brother, and told jurors that she heard loud noises before Rice entered with a pistol and took the boy.

    The shooting sparked a high-speed police chase that ended in a shootout in a Jefferson City hotel during a Christmas party.

    Curley had argued for a first-degree murder conviction for both shootings. But public defender Charles Hoskins said that Rice “snapped” when Durham told him she was taking their son for good. Rice had a pituitary tumor at the time and the 17 medications he was taking affected his impulse control and made him paranoid, Hoskins told jurors.

    Rice's lawyers had argued for a life sentence in the weeks before Friday's hearing, saying that 11 of 12 jurors had voted against the death penalty. They also argued that giving Rice the death penalty would be unconstitutional.

    Prosecutors said that jurors had found one aggravating factor in favor of the death penalty, and did not unanimously decide that mitigating evidence outweighed that aggravating circumstance.

    http://www.stltoday.com/news/local/c...540e61951.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #9
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Missouri’s death penalty jury deadlock provision is unconstitutional

    By Joseph C. Welling
    STLtoday.com

    Missouri’s death penalty statute, Section 565.030.4, unconstitutionally allows the trial judge to impose death when the jury deadlocks on sentencing — that is, when jurors cannot unanimously agree on life or death. Two cases now pending appeal in the Missouri Supreme Court, Marvin Rice and Craig Wood, present two constitutional problems with these judge-imposed sentences.

    The easier problem is that the provision as currently applied violates Ring v. Arizona, the 2002 U.S. Supreme Court decision holding that any fact necessary to be found in order to impose death must be found by the jury, not the trial judge. (The Post-Dispatch’s July 25, 2002, headline was “Only juries can decide on death, justices rule.”) Although Missouri’s statute was pre-Ring, and was written backward (reciting the fact findings that require the jury to impose life), in 2003 the Missouri Supreme Court in Whitfield v. State held that Ring requires the affirmative unanimous finding of each of these facts, including that the evidence in mitigation does not outweigh the evidence in aggravation.

    But the current verdict form used in capital trials in Missouri to report a deadlock verdict does not show whether the jury made this requisite finding. The deadlock verdict form asks: “Does the jury unanimously find that there are facts and circumstances in mitigation of punishment sufficient to outweigh the facts and circumstances in aggravation of punishment?” A “no” answer does not reveal what the jury found unanimously, only that it failed to make the finding that mandates life. Under these circumstances, it is unconstitutional for the judge to impose death.

    In 2016, the federal district court in St. Louis recognized this Ring violation. For this reason alone, the existing death sentences imposed under this provision should be changed to life (without remanding for a new sentencing hearing pursuant to Missouri statute, Section 565.040.2).

    The second problem is facial — meaning the provision is always unconstitutional. Even assuming Missouri corrects the form to ask, “Does the jury unanimously find that there are NOT facts and circumstances in mitigation of punishment sufficient to outweigh facts and circumstances in aggravation of punishment?”and the jury answers “Yes,” judge-imposed death sentences would still be unconstitutional. Allowing the judge to impose death when the jury deadlocks on the ultimate question — whether to impose life or death — ignores the critical role of the jury under the Constitution as the “conscience of the community.” In this regard, Missouri is far outside the norm, even among death penalty states

    Judge-imposed death sentences are a modern invention. Traditionally, death sentences could only be imposed by a unanimous jury. Prior to 1984, Missouri law had explicitly prohibited judge-imposed death sentences: “If the jury cannot, within a reasonable time, agree to the punishment, the judge shall impose sentence within the limits of the law; except that, the judge shall in no instance impose the death penalty when, in cases tried by a jury, the jury cannot agree upon the punishment.”

    The only other state with a similar deadlock provision, Indiana, added it even more recently, in 2002, and has never invoked it to impose a death sentence. Nebraska also has a problematic scheme in which a three-judge panel conducts weighing and sentencing after the jury has made the aggravator finding. All other states now prohibit judge-imposed death sentences following a hung sentencing jury. Most require life when the jury cannot agree on death, but a few provide for a second sentencing hearing before a new jury.

    No Missouri jury has imposed a new death sentence since 2013. Over the years, Missouri judges have invoked this provision to impose death on 15 individuals. Of these 15 originally sentenced to death, three were corrected just after Ring, four were changed to life for other reasons, two — Rice and Wood — are pending appeal, two others are in prison under the judge-imposed death sentence, three were executed, and one committed suicide while in prison under death sentence.

    This is a very problematic history. Missouri can and must do better. When juries deadlock, at least some members of the jury do not think death is appropriate. In these cases, death is not the right choice, no matter what a judge may think. Missouri should vacate the existing death sentences imposed under this provision and hold that the Constitution requires the jury to serve as the “conscience of the community” in capital sentencing. Further, the Legislature should clean up the statute by repealing the provision and reinstituting the explicit prohibition on judge-imposed death sentences.

    https://www.stltoday.com/opinion/col...acfe9ee97.html
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  10. #10
    Administrator Aaron's Avatar
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    Sigh. Again, Ring only dictates that a jury unanimously find an aggravating factor. SCOTUS has consistently held to that standard. Simply spamming buzzwords such as 'unconstitutional" doesn't change that.
    Don't ask questions, just consume product and then get excited for next products.

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