News Articles on the web

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I posted the above article for a potential match for someone to view (I'm going to try to get it bigger and send it out)

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http://www.sptimes.com/2006/01/01/Co...ding_the.shtml

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http://www.rockymountaincoldcase.com/mapevidence.html

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http://www.crimelibrary.com/notoriou...ple/index.html

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Paper: St. Louis Post-Dispatch (MO)
Title: FAMILIES AND POLICE REFUSE TO GIVE UP IN MANY MISSING CHILDREN CASES
Date: August 4, 2001

* But the reality often is stark and bleak: no witnesses, no clues, possible sightings that don't pan out, and fading of hope as times passes. A small boy who disappeared in Decatur, Ill., in 1985 would be 20 today.


When police announced they had new leads in the 10-year-old Arlin Henderson case, it gave Peggy Kleeschulte a glimmer of hope. It made for a bad day for Adaline Mezo.Kleeschulte and Mezo are the parents of two other missing children from the St. Louis area. In 1988, Scott Kleeschulte, then 9, disappeared from his home in St. Charles during a thunderstorm. Donna Jean Mezo, then 16, was visiting relatives in Belleville when she disappeared in 1992. Police suspect foul play in both cases, but no fresh leads have surfaced for years.


Likewise, Arlin Henderson had been missing for many years. He was 10 at the time of his disappearance and the trail had grown cold. But earlier this week, police disclosed that a man, now 23, has told authorities that when he was a teen-ager, he shot and killed Arlin on orders from two older men. One of the men has been charged with murder.


"I'm just so elated for his mother now that she can have closure," said Peggy Kleeschulte "I just hope one day we can, too."


Adaline Mezo broke down in tears when she heard about the developments in the Arlin Henderson case.


"That was a bad day for me," said Mezo of Sullivan. "His mother doesn't have to worry anymore. She knows what happened to her son."


Scott Kleeschulte and Donna Mezo are among seven long-standing missing children cases in the St. Louis region, according to a listing with the National Center for Missing and Exploited Children -- a federally sponsored nonprofit organization based in Alexandria, Va. -- and reports in the Post-Dispatch.


Jerry Nance an investigator with the center, said time can be both an enemy and an ally in such cases. Seventy percent of children abducted by strangers are killed within the first three hours, he said. Killers have time to cover their tracks if police fail to develop leads.


But after many years, relationships change. Witnesses who may have been intimidated might come forward. A killer with a guilty conscience could suddenly decide to contact authorities. That appears to be what happened in Arlin Henderson's case.


"These cases don't occur in a vacuum. Someone knows something," Nance said. "But people are involved in relationships that keep them silenced."


Publicity gives witnesses and informers a little nudge, Nance said. The Henderson case broke just a few days after news media carried stories on the 10th anniversary of his disappearance.


Parents say not a day goes by they don't think about their missing child. But after years of looking, many are just waiting.


"We did all we could possibly do," said Peggy Kleeschulte of St. Charles.


She and her husband, Richard, posted fliers, contacted psychics and organized neighborhood searches in the weeks and months after Scott disappeared.


The Kleeschultes said they had moved on with their lives, concentrating on their four other children and four grandchildren.


"But I'm always looking around scanning crowds for his face," Peggy Kleeschulte said.


In some cases, it's the police who are among the most persevering. St. Louis police have not given up on the case of Cherie Nicole Barnes. The body of Cherie's mother was found in the Mississippi River at St. Louis in 1987. Cherie was last seen in the Kansas City area with relatives the previous month. "I'd be thrilled to death to know what happened to that little girl," said St. Louis police Officer Andrew Crews.


It takes a zealous parent, police officer or community to keep a case alive, Nance said. "These cases may go cold in the file, but parents and police can't ever let these cases go cold in their heart."


Here's a look at seven long-standing missing children cases in the St. Louis region.


Cherie Nicole Barnes


Cherie Nicole Barnes was 2 years old when last seen with relatives in the Kansas City area in January 1987.


St. Louis police first got involved in Barnes' disappearance when a fisherman found the nude body of a woman in the Mississippi River on Feb. 4, 1987. St. Louis police identified the woman as the child's mother, Elizabeth Ann Turek Vasser.


Relatives in Nashville, Tenn., asked St. Louis police to find Cherie because police in Kansas City would not take a missing person report.


Investigators are testing remains of a small child found in Kentucky to see if they match Cherie's profile, police said.


The case remains the only "cold" missing child case in the city of St. Louis, said Detective Sgt. Don Henderson. Since the family never lived in St. Louis, police have difficulty chasing leads.


"There is nothing to work in St. Louis," Henderson said. "But we'll never give up on the case. We'll just hope for a break."


Diana Braungardt


Diana Braungardt was 18 years old when she was last seen leaving her job at the Venture Store in Crystal City on the night of March 11, 1987.


Investigators found her car in the store's parking lot. Braungardt was a senior at Festus High School at the time.


Crystal City police convened a special task force several years after the disappearance. They investigated several leads without luck. Police even put several witnesses under hypnosis.


"We may go for months at a time without hearing anything, then suddenly things pop up," said Capt. Jeff McCreary.


Police recently gave samples of Braungardt's blood to a state laboratory for testing. The lab will create a DNA profile and add it to a databank of victims.


Gina Dawn Brooks


Gina Dawn Brooks was riding her bicycle to a friend's house when she was abducted the night of Aug. 5, 1989.


Police say either two or three men in a battered station wagon grabbed the 13-year-old just a few blocks from her home in Fredericktown, Mo., in Madison County.


Nathan D. "Danny" Williams, 41, is charged with first-degree murder in the case. Williams, a twice-convicted child rapist serving a lengthy prison sentence, is scheduled to go to trial in New Madrid, Mo., Jan. 28.


Investigators believe Williams and an accomplice, Bryant Squires, abducted Gina, and that Williams raped her and cut her throat. That's the story Squires told two nurses in a statement in 1996 before he died of cancer.


In 1998, police also linked Timothy R. Belew, 30, to the case. Belew told police that he had helped Williams dispose of Gina's body by placing it in a discarded meat freezer and then burying it on his father's property.


The FBI has searched the Belew property three times since 1998 -- the most recent on July 22 -- but have never found the girl's remains.


Gina's mother, Cindy Box, could not be reached for comment.


Timothy Jacob "T.J." Davison


In October 1985, T.J. Davison was asleep in a car at the Brettwood Village Shopping Center in Decatur, Ill. His aunt ran inside to pick up a few items. When she returned, the 4-year-old was missing.


Officers canvassed nearby neighborhoods and highway traffic. But investigators found no witnesses or clues. His family has since moved away, leaving the case in the hands of Detective Diane Beggs, who has been working on it for more than a decade.


The National Center for Missing and Exploited Children calls several times a year with possible sightings or leads. None has panned out, said Decatur police Sgt. Clifford Kretsinger.


The brown-haired, brown-eyed boy would be 20 years old today.


Scott Allen Kleeschulte


Nine-year-old Scott Kleeschulte disappeared from near his home in St. Charles on the evening of a fierce thunderstorm June 8, 1988.


A witness saw Scott walking through the neighborhood before and after the storm.


Police and friends searched a labyrinth of tunnels and caves dug by neighborhood children near the Kleeschulte house and on many nearby streams.


Some believe Scott was caught by a flash flood, but family members and police think he was abducted.


St. Charles police Capt. Patrick McCarrick said investigators had long suspected that Scott's and Arlin Henderson's disappearances were connected. They don't believe that now.


Heather Kullorn


Heather Kullorn was 12 years old when she disappeared from an apartment in Richmond Heights in July 1999.


She had stayed there to baby-sit an infant for family friends, but Richmond Heights police think Heather was killed because she witnessed drug activity.


Heather, who has a birthmark on her right inner thigh and several ear piercings, is mildly diabetic.


Richmond Heights police said they get about two or three leads a month, but they're usually a different version of the same story, often heard third-hand. While investigating these tips, detectives have sent cadaver-search dogs to sniff basement floors in St. Louis and along the Mississippi River's shores.


"It's just difficult," said Detective Sgt. George Euson, "Not knowing for certain if she's dead or alive, and if she is dead, not having any concrete suspects."


Donna Jean Mezo


Donna Mezo, 16, was visiting relatives in Belleville when she disappeared Feb. 18, 1992.


Her family said she was last seen walking along East Monroe Street after she left her brother's house. She was on her way to visit a boyfriend about 1:30 a.m.


Donna's mother, Adaline Mezo, said police did not start investigating her daughter's disappearance until several days after the family filed a missing person report.


Donna, who suffered from asthma, has a scar on her nose and a birthmark on her right ear. She also has tattoos on her right ankle and right wrist. She was pregnant when she disappeared. She would be 25 years old today.


Anyone with information in these cases can call the National Center for Missing and Exploited Children at 1-800-843-5678. For more information, visit the center's Web site at www.missingkids.org.

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Paper: The Atlanta Journal and The Atlanta Constitution
Title: A cloud hangs over the head of Jim Watson

WHO KILLED BEVERLEY WATSON? Friends, family of Fayette County woman say only one fate could have befallen her: Her husband killed her after an argument
Date: April 28, 2001

Jim Watson still runs the Fayetteville commercial locksmith shop he started in 1988.

He still coaches youth softball.

He still gets the stares.

"There's some people who look at me and wonder if I did anything wrong," said Watson, 38.

In 1997, Watson said he saw his wife stomp out their front door in anger. Two years later, his wife's bones were found off a dirt road in rural south Fulton County.

"There's a lot of people out there who know me well enough to know I had nothing to do with it."

But a tenacious cop, Beverley Watson's childhood friends and her siblings want the Fulton County District Attorney's Office to prosecute Watson.

Beverley Watson has not been forgotten, Fulton District Attorney Paul Howard said recently.

The case is "extremely important," he said in a statement, because of the "cavalier disposal of her remains in our county . . . (and) the tremendous concern and steely determination demonstrated by her friends and family to seek justice."

Howard has declined interview requests.

Jim Watson's accusers, however, say Fulton Assistant District Attorney Lolita Whitmore has indicated the case will be prosecuted.

No matter the outcome, Beverley Watson's death investigation has bitterly divided family, friends and investigators.



The husband

" 'Always on My Mind,' " Jim Watson tells his two children as it plays on the car radio, "was our song." But the family doesn't dwell on the circumstances of Beverley Watson's death, he said.

"You can just go crazy wondering what happened, what could have been done different," Watson said. "So me and the kids, we stay busy all the time."

Sorrow surfaces in choked sobs as he recalls his children's heartbreak upon learning their mother's body had been found in March 1999. But the smooth southern timbre of his voice doesn't break as he recounts again the last time he saw his wife.

Beverley, 33, returned home after visiting a friend the night of Jan. 17, 1997. Her daughter, Ashley, 12, was staying overnight with a friend. Her son, Todd, 6, was staying at the home of her sister.

The couple began arguing because he had called her friend and she felt he was checking up on her. She grabbed her car keys. Watson didn't want her to leave because it was cold and well into the early morning hours of Jan. 18.

"I grabbed her arm or her jacket and she turned around and threw her keys at me, and said something like, 'But I don't need my damn keys to leave.' "

His face was scratched during the scuffle, he said.

She walked out the front door.

The couple's 14-year marriage had been troubled, Watson says.

Beverley filed for divorce in August 1994. A judge granted a temporary restraining order requiring the couple to stay away from each other. Beverley said she feared bodily harm and harassment. Although she later dropped the divorce proceedings, it would not be the end of the couple's problems.

A short time before she disappeared, Beverley had put a deposit on a Fayetteville apartment, but Jim thinks they would have reconciled.

"We argued just like anybody else," Watson said. "But once it got down to it, we were best friends again. And Beverley was my best friend for many, many years."

Watson blames Fayette County sheriff's Maj. Bruce Jordan for stoking the suspicions of Beverley's brothers and sisters and her friends. He and his children no longer speak to his wife's lifelong friends or her family, and they scorn Jordan.

Jordan, Watson believes, had it in for him.

"He didn't say, 'Jim, how you doing?' He started yelling and screaming," Watson said of their first and only interview, the day he reported his wife missing. "I can't remember word for word but it was something like, 'You're not smarter than me. I'm going to catch you.' "

Jordan and other detectives deny yelling or making accusations.

Watson doesn't wring his hands waiting for the Fulton County District Attorney's Office to decide whether he'll face charges.

"There's still going to be a cloud hanging over my head. Always."



The investigation

The Beverley Watson case has at times consumed Bruce Jordan.

Jordan became a Fayette County sheriff's deputy at age 19. He made sergeant at 22, lieutenant at 26, and now, at 41, he is the longest-serving chief investigator in Fayette County.

If 25-year Sheriff Randall Johnson retires, Jordan said he'll likely run to replace him.

Jordan said the Watson case won't hurt his reputation.

"I think the case is solved. I think it should be tried," he said. "It's a very good circumstantial case."

Strong evidence pointing to Jim Watson surfaced the day he reported his wife missing, Jordan said, but he discloses little since it's now in the hands of Fulton County authorities.

He does recall seeing makeup on Watson's face.

"The makeup was caking. Underneath, there were scratches," he said.

Watson explains now that he used his wife's foundation to hide scratches from the scuffle over the keys. His wife had suggested makeup in the past, he said, so he wouldn't look like a thug after getting into scrapes working part time for Riverdale police making undercover drug buys.

Jordan's investigation was upstaged by conflicts between Watson and other officers.

Jordan considered Watson a mere cop wannabe. But Watson inspired loyalty from Riverdale police. Riverdale officers deliberately blew Fayette detectives' surveillance on Watson in a parking lot near the police station.

Jordan complained about obstruction, but no charges were ever filed. Riverdale fired Watson after his wife disappeared.

The friction flared in July 1997 when Jordan ordered Watson's sport-utility vehicle stopped outside the Sheriff's Department because of tinted windows. Jordan and Watson got into a chest-to-chest argument on the street. Jordan yelled he was not "Beverley Watson, he weighed more than 120 pounds" and threatened to take Watson to jail to "have some fun" with him, court papers say.

Watson filed a federal suit and Jordan filed a countersuit. Both lawsuits were dismissed.

Jordan's irritation is clear when presented with Watson's account of his wife's disappearance.

"I can't defend that without getting into the evidence and the kind of crap that he was telling us," Jordan said. "He would tell us one thing and just five minutes later something would come up to prove what he said was wrong."

Jordan said Whitmore, the Fulton assistant district attorney, told he in November she was taking the case to a grand jury. Jordan believes an indictment in another county will absolve him of Watson's accusations that he is overly aggressive and eager to promote his own name.

"I have had a lot of people come up to me and say, 'If I ever go missing, I hope you're the one who looks for me,' " Jordan said. "Because I think people know I do my job."



The friends

As a child, Beverley Callaway was the first person who befriended 6-year-old Krista Hinkle in their neighborhood. Beverley, Hinkle and Debbie White became fast, tight friends.

"We took turns driving our parents crazy just about every weekend figuring out who was going to spend the weekend where," Hinkle recalled.

Beverley was responsible, so she was the banker in the girls' childhood clubs. She was quiet and reflective, traits that might make her appear standoffish.

"But if you knew her . . . she was beautiful, she was smart," Hinkle said, tears falling. "Just the way she held her children in her arms. That was a mother's love."

Hinkle and White have pressed the Fulton County DA over the last two years with countless letters and phone calls.

To them, anything less would be a betrayal of a lifelong friendship.

Jim and Beverley Watson grew up in blue-collar Riverdale and started dating their junior year at Lake City Christian School. Hinkle recalls Beverley coming over to her house to "show him off." Both were dressed in blue polo shirts and white shorts.

The Watsons married in 1983 and raised their two children in a two-story house in a neat subdivision just outside Fayetteville, where he ran his locksmith business and Beverley took accounting jobs.

The friendship of Beverley Watson, Hinkle and White endured.

"Sometimes we would go without speaking for months, but we could pick up right where we left off and not miss a beat," Hinkle said.

Hinkle said she and White were cordial to Jim Watson out of respect for Beverley. They describe him now as a manipulator who lied to his wife and stalked her.

"Beverley wanted out," Hinkle said. "It came to the point, if she was going to survive, she had to leave."

Fayette sheriff's investigators say if Beverley left that night, she did so without the purse and coat White had seen her wearing hours earlier. Watson said she took a purse and changed coats before walking out.

The couple's troubled relationship, paired with a steadfast conviction that Beverley never would leave her kids, convinced her friends that Watson knows what happened to his wife.

White recalled Beverley Watson saying: "If anything ever happens to me, make sure he's punished."

Beverley did not mention Jim by name. According to Hinkle, she didn't have to.



The family

Scott Bennett, Beverley Watson's half-brother, said his sister confided in the family as well.

"Beverley told us a long time ago, 'If I ever turn up missing, if something happens to me, look to Jim.' I know she told Mom," Bennett said.

Beverley Watson's mother, Alyce Callaway, died heartbroken in December 1998.

Callaway told family members the weekend her daughter disappeared that Jim answered the phone and said Beverley was asleep on the couch.

Watson confirms he said his wife was unavailable. Callaway was a worrier, he said, and he didn't want to upset her.

Bennett concedes his mother could be taken to extremes. In July 1997, she walked into a Waffle House and sought a hitman to kill Jim Watson.

But he contends his brother-in-law's behavior wasn't that of a distraught husband. After Beverley had been missing for weeks, Watson still maintained his wife had left before on short trips without telling anyone.

"He never tried to find her," Bennett said. "I would have said, 'You all make your own conclusions. I'm going to try and find my wife.'

"For him just to say she's done this before . . . that doesn't sound like a loving husband."

Watson countered that he hired a private investigator to find his wife. But he was rendered useless, Watson said, because none of her family and friends would talk to him.

Beverley Watson was the nurturer of the family, and her siblings -- Bennett, Debbie Sutherland and Drew Callaway -- see this as their turn to take care of her in death.

Her family sued Jim Watson in a $1 million wrongful death suit. The lawsuit was settled out of court in August. A judge ordered any money covered by the settlement, including Beverley Watson's life insurance policy, to be paid to her children.

Like Beverley Watson's friends, her brothers and sister hope Beverley's children one day will ask them about their mother's disappearance.

"If it goes to trial and (Jim) is found innocent, then so be it," Bennett said. "My niece and nephew will still have a father. Maybe one day they'll want to talk to us."



The daughter

Jim Watson's daughter, 17-year-old Ashley, laments the separation from her mother's family and friends. But the young woman, who always wears her mother's diamond ring around her neck, is adamant that her father wouldn't harm her mother.

"I was young then. I didn't have any social plans so I saw everything. There was bickering going on, but nothing that would have ever exploded. There was never any physical violence."

At 13, Ashley lashed out at the Fayette Sheriff's Department, telling news reporters deputies spent too much time focused on the wrong man. She told investigator Jordan the same thing when she encountered him in a grocery store parking lot.

Until her mother's remains were found, Ashley had convinced herself she would walk back through the door one day. Her brother, Todd, now 10, held out the same hope, she said.

At a teacher's suggestion, the high school junior writes letters to her mom. She shares with her things like the recent breakup with a boyfriend and the search for a prom dress.

Her bedroom walls are still the deep, girly rose her mother suggested. But Ashley said she has become the woman of the house. "I've taken on a lot of responsibility with Todd and sort of filled my mom's spot in the house."

When she graduates, Ashley said, she wants to move to north metro Atlanta and learn about the travel agency business. Maybe, she thinks, she'll start her own one day, having learned how to run a business by working part time for her father.

The circumstances of her mother's death and the continual accusations against her father will drive her crazy if she thinks about it, she says. So Ashley chooses not to.

"I really just want it to go away," she said. "It's just so frustrating. My family wants to be able to deal with my mom and find ways to replace what we lost."

ON THE WEB: For more information: http://members.aol.com/BvrlyWt<WBR>sn/Bvrly.html

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Paper: The Atlanta Journal and The Atlanta Constitution
Title: SPECIAL UPDATE: GEORGIA'S DEATH ROW

Waiting to die [Part 1 of 2]
Date: November 17, 1996

Compiled by Bill Torpy -

In October 1986, these 110 men and two women were awaiting execution and were pictured in an article in The Atlanta Journal-Constitution. A decade later, the faces on death row have changed, but not for the obvious reason. Six of the inmates have been set free, 45 have been resentenced to life, and eight died awaiting execution. Thirteen were executed and 40 still await a date with the electric chair. Seventy new faces have taken their places at the Georgia Diagnostic and Classification Prison at Jackson, including Larry Lonchar, who was executed Thursday. EXECUTED: 13Christopher A. Burger, 33, convicted 1979 in Wayne County for kidnapping, drowning a cabdriver. Burger, a soldier, was 17. 11th U.S. Circuit Court of Appeals ordered stay a day before scheduled 1990 execution. Electrocuted Dec. 7, 1993.

Darrell Gene Devier, 39, convicted 1983 in Floyd County for rape and murder of 12-year-old. Execution stayed twice, finally carried out May 17, 1995. "If there's ever been a case for capital punishment, it's this case," said then-Parole Board Chairman Wayne Garner, now prison commissioner.

William Henry Hance, 41, a soldier convicted 1978 in Muscogee County for beating death of prostitute Brenda Gail Faison. Wrote letter to police signed "Forces of Evil" demanding $10,000 to avoid other deaths. Lone black juror said she was browbeaten into voting for death. "There was no motive; there were no witnesses; there were no clues," were Hance's last words on March 31, 1994.

Nicholas Lee Ingram, 31, convicted 1983 in Cobb County for invading the home of J.C. and Eunice Sawyer, whom he then tied to a tree and shot, killing J.C. and wounding Eunice. British press waged campaign to save British-born killer's life. Spat at warden before death hood was placed on his head, April 7, 1995.

Warren McCleskey, 46, convicted 1978 in Fulton County for slaying of Atlanta policeman Frank Schlatt during robbery. Went to U.S. Supreme Court in 1987 arguing blacks who kill whites 11 times more likely to die than whites who kill blacks. Court ruled statistics can't prove racial discrimination in death cases. Ruling ended unofficial execution moratorium. McCleskey returned to high court in 1990 arguing jury was not told the jailhouse informant used against him was rewarded for testimony. Court said McCleskey, who had 18 appeals, was too late in raising the point and set a standard to shorten appeals process. Execution delayed nine hours with seven stays. Was once strapped into and then released from chair. "I pray one day this country, which is supposed to be civilized, will abolish barbaric acts such as this death penalty," he said before execution, Sept. 25, 1991.

Timothy W. McCorquodale, 34, convicted 1974 in Fulton County for rape, torture and strangulation of Donna Dixon. McCorquodale, a former Marine, used hot wax and razors on runaway teen. Broke her neck, knees and elbows to fit body into a trunk. Escaped in 1980 with three other death row inmates. Gave a thumbs-up sign to his father as he was strapped into electric chair, Sept. 21, 1987, and said, "Stay strong in Christ."

James E. Messer, 34, convicted 1980 in Polk County for abduction, sexual assault and stomping and stabbing murder of niece Rhonda Joan Tanner, 8. Execution scheduled in 1986 stayed. Executed July 28, 1988.

William Mitchell, 35, convicted 1974 in Worth County for shooting death of Christopher Carr, 14. In June 1987, U.S. Supreme Court stayed execution. Last words on Sept. 1, 1987: "Wayne Snow (then chairman of parole board) says my life has no redeeming value. To Mr. Wayne Snow, I'd like to say, 'Kiss my ass.' "

Joseph Mulligan, 35, convicted 1976 in Muscogee County for murdering Army Capt. Patrick A. Doe and Marian Jones Miller. Offered a life sentence but refused. Executed May 15, 1987. "This has nothing to do with right or wrong; I did not participate in this crime," he said.

Thomas Dean Stevens, 36, a soldier convicted 1978 in Wayne County for kidnapping, sodomy and drowning of cabdriver Roger Honeycutt. Twice convicted in crime. Went quietly to chair June 25, 1993.

Richard Tucker Jr., 44, convicted 1979 in Bibb County for abduction and beating death of Edna Sandefur. Was on parole for stabbing death of aunt. Execution postponed three days on final appeals before being carried out May 22, 1987.

William Boyd Tucker, 31, former soldier and college student, convicted 1978 in Muscogee County for stabbing murder of Kathleen Perry, a pregnant store clerk who was forced to commit sodomy. U.S. Supreme Court stayed execution 24 hours. He was executed May 29, 1987.

Henry Willis, 33, convicted 1978 in Bleckley County for abduction and murder of Ray City Police Chief James Giddens. Witnesses said Willis shot a wounded Giddens as he begged for his life. Given short stay before May 18, 1989, execution.

STILL ON DEATH ROW: 39

Jack E. Alderman, 45, convicted 1975 in Chatham County for drowning wife in bathtub for insurance money. Co-defendant paroled in 1987. Federal appeals denied.

Stanley Edward Allen, 41, convicted 1981 in Elbert County in rape and strangulation of 72-year-old woman. Georgia Supreme Court remanded to trial court to determine whether Allen is retarded.

Norman Darnell Baxter, 43, convicted 1983 in Henry County for torture and strangulation of Kathryn Brooks. Execution set February 1992. Wanted to die but changed mind. On appeal, 11th Circuit reversed sentence February 1995 because his defense lawyer didn't argue psychological problems at sentencing. "I guess I'll be dead before they electrocute him," said victim's father. Not under death sentence, but district attorney vows to seek it again.

Billy Sunday Birt, 59, convicted 1975 in Jefferson County for robbery and murder of elderly couple, Lois and Reid O. Fleming Sr., strangled with coat hangers in home. Birt said he killed others. Sentence overturned in 1979 by a Tattnall County judge; case has not been retried, so although he is on death row Birt is not under a death sentence today. In 1992, Douglas County Sheriff Earl Lee told officials he needed Birt for an investigation and drove him, unshackled, to church so preacher son could baptize him.

Roy Willard Blankenship, 40, convicted 1980 in Chatham County for rape and slaying of Sara Bowen, 78, during burglary. Third death sentence affirmed 1988. Federal judge granted stay shortly before scheduled 1993 execution.

James Willie Brown, 48, convicted 1981 in Gwinnett County for raping and suffocating Brenda Sue Watson. Psychologically evaluated 13 times, found both fit and unfit for trial. Federal court overturned conviction in 1988. Retried in Gwinnett in 1990; resentenced to death.

David Louis Cargill, 37, convicted 1985 in Muscogee County for robbery-murder of store clerk Cheryl A. Williams and Danny E. Williams, parents of four young boys. Sentence affirmed 1996.

Robert Lewis Collier, 54, convicted 1978 in Catoosa County for shooting death of detective Baxter Shavers. Federal and state appeals denied.

Roger Collins, 37, convicted 1977 in Houston County for rape and murder of Delores Luster, 17. Had 1986 execution date stayed. In 1991, U.S. Supreme Court sent case back to trial court to determine whether he is retarded.

Robert Dale Conklin, 35, convicted 1984 in Fulton County for murder of lawyer George Crooks, who police said was his lover. Crooks' blood was drained in a bathtub and he was cut into nine parts.

John Wayne Conner, 40, convicted 1982 in Telfair County for stomping death of James T. White, who was drunk and insulted Conner. Case remanded to trial court in 1990.

Eddie Albert Crawford, 49, convicted 1984 in Spalding County for suffocation murder of 3-year-old niece. Appeal denied in 1990.

George Bernard Davis, 38, convicted 1985 in Elbert County for armed robbery and murder of Richard L. Rice, 63. Case remanded to trial court to see whether Davis is retarded.

Wilburn Wiley Dobbs, 47, convicted 1974 in Walker County for robbery, shotgun slaying of grocer Roy L. Sizemore. In 1993, U.S. Supreme Court said 11th Circuit must review newly found trial transcripts to determine whether racial prejudice existed in defense attorney and judge --both referred to "colored boys." Federal judge to determine whether defense attorney, who offered no evidence at sentencing, was ineffective.

Ellis Wayne Felker, 48, convicted 1983 in Houston County for 1981 rape and murder of Evelyn Joy Ludlam, 19, whom Felker lured to his home with job offer. On probation at time. Execution set for Sept. 14 but Georgia Supreme Court ordered 40-day stay the day before to give attorneys time to review recently discovered files. "Fifteen years is long enough," an angry Attorney General Mike Bowers wrote the court. Felker was executed Friday.

Eddie William Finney Jr., 39, convicted 1977 in Jones County for rape and beating deaths of Thelma Kalish, 69, and Ann Kaplan, 60. Finney and co-defendant Johnny Westbrook did Kalish's yardwork. In 1991, case was sent to trial court to determine whether Finney is retarded.

Son H. Fleming, 64, convicted 1977 in Lanier County for abduction and murder of Ray City Police Chief James Giddens. Georgia Supreme Court issued a stay hours before scheduled 1989 execution. Was a test case of the 1988 state law preventing execution of retarded inmates. Case remanded to trial court for hearings on whether Fleming, with an IQ of 67, is retarded. Fleming lost part of face in 1966 from a shotgun blast.

Bobby Gene Gaddis, 55, convicted 1975 in Jefferson County for armed robbery and murder of Lois and Reid O. Fleming Sr. Sentence vacated in 1979, so not under a death sentence and awaits resentencing on death row.

Johnny Lee Gates, 40, convicted 1977 in Muscogee County of rape and murder of Katrina Wright while on parole. In 1989, U.S. Supreme Court refused race disc-crimination arguments. Remanded to trial court in 1992 to determine whether he is retarded.

Fred Marion Gilreath, 58 convicted in 1980 in Cobb County for slayings of Linda Gilreath and Gerrit Van Leeuwen. Filed three appeals since 1991.

Robert Karl Hicks, 39, convicted 1986 in Spalding County for murder of Toni Strickland Rivers. U.S. Supreme Court in 1987 upheld claims Hicks had brain damage and remanded to trial court.

Jose Martinez High, 37, convicted 1978 in Taliaferro County for kidnapping and shotgun murder of Bonnie Bulloch, 11. High, then 16, led gang in crime spree and taunted boy before his death, asking, "Are you ready to die?" Execution stayed in 1991. State and Federal appeals since denied.

Floyd Earnest Hill, 59, convicted 1981 in Covv County for murder of Austell policeman Greg Mullinax. Georgia Supreme Court in 1993 reversed a grant of relief and reimposed conviction and sentence. In 1987, his son, Jackie L. Hill, pleaded guilty to Cobb double murder.

Tracy Lee Housel, 38, a drifter convicted in 1986 in Gwinnett County for rape and murder of Jean Drew. Wanted in Texas in another beating death. Georgia Supreme Court denied appeals in 1992 and 1993. Federal appeal pending.

Lawrence Jefferson, 41, convicted 1986 in Cobb County for robbery and beating death of Edward Taulbee, his construction supervisor. State and U.S. Supreme Court have denied appeals.

James Mathis, 49, convicted 1981 in Douglas County for abductions and murders of J.L. and Ruby Washington, and elderly couple. In 1989, U.S. District Court overturned sentence because of ineffective counsel. In 1992, the 11th Circuit reversed and sent back to District Court to explain reasoning.

Wilber May, (aka Brandon A. Jones), 53, convicted 1979 in Cobb County for murder of gas station attendant Roger and Dennis Tackett. May and Van Roosevelt Solomon (executed in 1985) methodically shot Tackett to get him to tell them where to find the cash box. In 1989, U.S. District Court reversed sentence because jurors referred to a Bible, so he remains on death row awaiting resentencing.

Terry Michael Mincey, 36, convicted 1982 in Bibb County for shooting death of store clerk Paulette Riggs. On probation at time. State appeal denied in 1994..

Carzell Moore, 43, convicted 1977 in Monroe County for rape, murder of store clerk Teresa Carol Allen. In 1987, 11th Circuit sent case to federal court to see whether district attorney withheld exculpatory evidence. Is not legally under a death sentence and awaits resentencing.

Byron Ashley Parker, 35, convicted 1984 in Douglas County for rape and strangulation of Christie Ann Griffith, 11, while his son, 2, waited in nearby car. Girl lived in a nearby trailer. Appeals are pending in state court.

Jack Howard Potts, 51, convicted in Forsyth County for abduction and murder of Michael D. Priest, a Good Samaritan kidnapped in Cobb. Shot by police when arrested and escaped from Forsyth County Jail in September 1987 with smuggled-in gun and jailer as hostage. Was shot twice. Mother arrested during trial trying to bring gun to court. Resentenced to death in 1988, again in 1990.

Virgil Delano Presnell Jr., 42, convicted 1976 in Cobb County for kidnapping and drowning Lori Ann Smithy, 8, and raping 10-year-old girl. U.S. District Court overturned conviction in 1986. In 1988, 11th Circuit put him back under death sentence. In 1990, another U.S. District Court granted relief on sentence. In 1992, 11th Circuit affirmed conviction and vacated death penalty. Awaits resentencing.

William Howard Putnam, 53, convicted 1981 in Cook County for murders of David and Katie Hardin at a truck stop. Also killed another man the same day. State appeal denied in 1994.

James Randall Rogers, 35, convicted 1982 in Floyd County for impaling neighbor Grace Perry with a rake. On probation at the time. In 1992, federal judge reversed sentence, saying PCP drug was not brought up as a mitigating factor. In 1994, 11th Circuit reversed and upheld the sentence. In 1994 case sent to trial court on retardation issue.

Larry Romine, 44, convicted 1982 in Pickens County for robbery and murder of his parents. Retardation issue denied in 1991.

Ronald Keith Spivey, 56, convicted 1977 in Muscogee County for shooting death of Columbus policeman Billy Watson. Also killed man hours earlier and later took waitress hostage. Two state appeals denied. Federal hearings denied in 1995.

William Kenny Stephens, 48, convicted 1980 in Richmond County for murder of deputy Larry D. Stevens. In 1988, 11th Circuit ordered new sentencing-ineffective defense. Resentenced to death 1989. Motion for new trial pending.

Joseph Edward Thomas, 40, convicted 1977 in Decatur County for robbery and slaying of Clifford Floyd, a deacon and insurance agent who was beaten and buried alive. Conviction overturned in 1986, so not under death sentence.

Eurus Kelly Waters, 51, convicted 1981 in Glynn County for murders of Anita L. Paseur and Kathryn Culpepper, who were handcuffed together and sexually assaulted. In 1992, 11th Circuit Judge reversed sentence. In 1995, full 11th Circuit reinstated death sentence.

Willie James Wilson, 39, convicted 1982 in Pierce County for robbery and shooting deaths of Alfred Boatright and Morris Highsmith. Remanded to trial court in 1991 to determine whether he is retarded.

RELEASED FROM PRISON: 6

Michael Albert Cervi, 39, and AWOL sailor, convicted 1980 in Taliaferro County for kidnap-murder of Dr. Kenneth Lawrence, who picked him up hitchhiking. Scaled a barbed wire fence in 1987 escape attempt. Conviction overturned in August 1987 when 11th Circuit found he was improperly denied an attorney when he confessed. Resentenced to life July 1989. Paroled March 13, 1993. Now lives in California.

Henry Arthur Drake, 51, convicted 1977 in Madison County for robbery and murder of C.E. Eberhart, 75, a barber whose skull was crushed by a hammer. Drake was convicted on testimony from William Campbell an old prison buddy who lived with him. Conviction overturned when 11th Circuit found that jury had been improperly charged. First retrial resulted in hung jury. Was convicted and sentenced to life by next jury. Parole board freed him November 1987, saying Campbell lied. Campbell admitted to lawyers he killed Eberhart, but they were bound by attorney-client privilege not to speak. Drake lives near his mother near Colbert. "If I didn't have all those appeals, I'd be dead," he said. "I always thought I'd be electrocuted. I worried they'd mix u p the papers, and poof you're gone. I think it's just revenge. Look at your newspapers with all the killings. It does no good. All you see is poor people, that ain't right."

William Neal Moore, 45, a soldier convicted 1974 in Jefferson County for killiing Gredger Stapleton, 77, while breaking into his home. Moore was drunk and depressed over a failed marriage and shot Stapleton after the elderly man fired at him. Execution scheduled Aug 21, 1990, but was stayed hours beforehand after pleas for mercy from Jesse Jackson, Nother Teresa and the victim's family. Paroled November 1991. "He served a sufficient amount of time and had a good record," the parole board said.

Gary X. Nelson, 48, convicted 1980 in Chatham Coiunty for rape and stabbing murder of Valerie Armstrong, 6. Prosecutors said hair found on the victim could only have come from 120 people in county, including Nelson. In 1991, Georgia Supreme Court overturned conviction, saying prosecutors withheld a vital FBI report saying the hair could have come from any black person. Also Defense attorney offered eight-sentence closing argument. District attorney chose not to retry. Nelson was working las t year and living in a spartan apartment in Athens.

Willie Ross, 54, convicted 1974 in Colquitt Coiunty for murder of Moultrie police Lt. Tommie J. Meredith during robbery where family was held hostage. Escpapee form Florida prison at time. In 1986, 11th Circuit said he could try to prove blacks were kept off jury. Returned to Colquitt for retrial, found guilty, resentenced to life. On July 28, 1992, was paroled and turned over to Florida to serve time on other charges. Released in Tampa area December 1994.

Robert Lewis Wallace, 45, convicted 1980 in Greene County for shooting, killing police Officer Thomas Rowry, Jr. and wounding another after DUI arrest. In retrial, jury acquitted Wallace of murder but found him guilty of DUI and stealing police car. Released a month later on time served. Defense attorney Samuel Atkins says Wallace was sane but the shooting was self-defense. Wallace, the state's first death row inmate acquitted on retrial, died of a heart attack in 1996.

DIED WAITING EXECUTION: 8

Garnett William Cape, 65, convicted 1979 in Franklin County for murder of Karen Dove, 15. U.S. Supreme Court rejected his appeal March 1987; died of lung cancer same year.

James Everett Castell, 45, convicted 1980 in Stephens County for murder-for-hire shooting of Stephens County tax collector Elizabeth Williams. Donald "Red" Addison, former tax collector campaigning to win his old seat, was acquitted of ordering the murder. Castell hanged himself with shoelaces in 1989.

Marcus Wayne Chenault, 44, convicted 1985 in Cobb County for murder of Gardner Perry and wounding others. Cook claimed they tried to rob him. A 1950s murder conviction, used as aggravating circumstance to get death penalty was reversed in 1989. Retrial set but died in 1995 of heart attack.

James Cook, 66, convicted 1985 in Cobb County for murder of Gardner Perry and wounding others. Perry claimed they tried to rob him. A 1950s murder conviction, used as aggravating circumstance to get death penalty, was reversed in 1989. Retrial set but died in 1995 of heart attack.

John Thomas Fugitt, 48, convicted 1982 in Clayton County for strangling roommate Johnny Evans for insurance policy. Sentenced twice for and scheduled to die three times. Died in 1995 of heart attack.

Bob Redd, 44, convicted 1977 in Richmond County for abduction and beating death of Paul D. Eskew Sr., whose throat was slashed. Known to eat metal objects, even razor blades, in prison. Died 1990 of heart attack

Richard Walker, 49, convicted 1984 for arson and murdering Antonio Thompson. On parole for Florida murder. Walker's public defender said he was overworked and quit "rather than go through that experienced again." Died of lung cancer 1993.

Johnny Mack Westbrook, 55, convicted 1977 in Jones County for abductions, rapes and murders of Thelma Kalish, 69, and Ann Kaplan, 60. In 1987, sentence overturned by the Georgia Supreme Court because trial judge had sent jurors back to deliberate after they voted for life sentence. Died in 1993 of heart disease.

SENTENCES CHANGED TO LIFE: 45

Tony B. Amadeo, 37, convicted 1977 in Putnam County for shooting death of James W. Turk Sr. Was one of three AWOL Marines convicted; others got life. U.S. Supreme Court reversed conviction because memo from prosecutor told jury commissioner to limit blacks on jury panel. Pleaded guilty 1990, resentenced to life. Graduated last month from prison university course.

Daniel Joseph Baker, 38, convicted 1978 in Gwinnett County for robbery and murder of hitchhiker Dennis Beatenbo. Sentence overturned in 1980 and again in 1983 because jury did not hear mitigating circumstances. Resentenced to life 1989.

Eli Beck, 34, convicted 1984 in Bleckley County for the murder of his former employer. Parole board commuted sentenced May 1994 because Beck is retarded.

Michael Gene Berryhill, 39, convicted 1975 in Bartow County for murdering George Hooks Jr. during a home invasion netting $6. U.S. District Court overturned conviction in 1988, saying women excluded from jury. In 1989, resentenced to life.

Joseph James Blake, 45, convicted 1976 in Chatham County for throwing Tiffany Loury, 2, off bridge into river. Sentence overturned in 1987. Later sentenced to life.

Kenneth Blanks, 31, convicted 1984 in Glynn County for robbery and murder of William Britt Roberts, retired Chevron Oil president and wife, Merrill, who were stripped, bound and asphyxiated. Co-defendant Theodore Woodard, the couple's gardener, drank weed killer, but implicated Blanks before dying. U.S. District Court accepted appeal in 1990. Resentenced to life.

Charles Bowen, 52, convicted 1977 in Polk County for murder of Sheila Denise Young, 12. U.S. District Court returned case for retrial in 1988. Resentenced to life in 1989.

William Anthony Brooks, 41, convicted 1977 in Muscogee County of kidnapping, rape and murder of piano teacher Carol Galloway. Appealed with statistics showing death penalty disproportionately sought against black defendents whose victims were white. Conviction was overturned in 1987; in retrial sentenced to life.

Nathan Brown, 39, convicted 1979 in Taliaferro County for execution-style murder of Bonnie Bulloch, 11. Part of gang implicated in rapes and robberies. In April 1989 U.S. District Court overturned sentence. In 1991 Brown pleaded guilty, resentenced to life.

Jimmie Burden Jr., 52, convicted 1982 in Washington County for 1974 murders of Louise Wynn and her three children, aged 2 to 4, all drowned in a pond. Twice went to U.S. Supreme Court which ruled his public defender (who also represented co-defendent) wrongly cut deal for the man to testify against him. Resentenced to life in 1994.

Janice Buttram, 33, convicted with husband, Danny, in 1981 in Whitfield County for sex-torture murder of baby sitter Demetra Fay Parker. Buttram 17 at time, one of two women who were on Georgia's death row. Husband hanged himself in cell. In 1989, U.S. District Court overturned sentence, saying Buttram did not receive proper psychological help. In 1991, she pleaded guilty, agreed not to seek parole.

Johnny Childs, 41, convicted 1985 in Wilcox County for murders of his estranged wife, Sharon Childs, and James Earl Bailey. In 1988, case sent back to determine whether Childs was retarded. Sentenced to life 1992.

Simon Coleman Jr., 40, convicted 1985 in Sumter County for murder of Janie P. Crumley. Sentence overturned by Georgia Supreme Court in 1986. Pleaded guilty, got life.

Charles Thomas Corn, 42, convicted 1976 in Clayton County for robbery and murder of store clerk Mary Long, who was stabbed repeatedly. Corn then waited on customers in blood-soaked clothes. In 1988, 11th Circuit reversed sentence for second time. Later sentenced to life.

James Cunningham Jr., 49, convicted 1979 in Lincoln County for robbery and beating death of food vendor William Crawford. In 1990, U.S. District Court reversed sentence. Resentenced to life in 1991.

Walter W. Curry, 38, convicted 1984 in Washington County for rape and beating death of Laura Will Sheram, 83. Conviction overturned in 1988 by Georgia Supreme Court for ineffective counsel. In 1994, he pleaded guilty, got life without parole.

Curfew Davis, 61, convicted 1974 in Troup County for shooting death of Ann Starnes, 22. In 1985, 11th District overturned sentence for improper racial balance in jury pool. In 1993, he agreed to plead guilty, no seek parole. His attorney said Davis can't function outside prison.

Freddie Davis, 38, convicted 1977 in Meriwether County for rape and stabbing murder of Frances Coe during home invasion. Parole board commuted sentence to life in 1988, two days before scheduled execution, after co-defendant Eddie Spraggins, also sentenced to death, pleaded guilty but mentally ill and admitted he wielded knife.

John Michael Davis, 46, convicted 1984 in Muscogee County for strangulation of Susan M. Isham, whom he met in a bar. Conviction overturned in 1994 by 11th Circuit. Was resentenced to life 1995.

Dennis Dick, 45, convicted 1979 in Dawson County for robbery and murder of O. C. "Red" Rider. Conviction overturned in 1987. Resentenced to life in 1989.

Horace William Dix, 59, convicted 1975 in Clayton County for torture and stabbing murder of former wife, Dixie Jordan. Experts on both sides testified Dix had mental disorders. In 1985, 11th Circuit said trial judge should have given jury life sentence option. Resentenced to life July 1989.

James Arthur Ford, 31, convicted 1984 in Coweta County for rape and murder of Sara Dean, 47, stuffed in car trunk and rolled into pond. U.S. Supreme Court reversed sentence in 1991, saying blacks kept off jury. Resentenced to life in 1983.

Willie Gamble Jr., 41, yardman convicted 1986 in Emanuel County for stabbing deaths of Phyllis Holton Dixon and her son, Madison Frank Dixon. In 1987, Georgia Supreme Court overturned conviction because district attorney dismissed all blacks in jury pool. Resentenced to life in 1990.

Robert Franklin Godfrey, 66, convicted 1978 in Polk County for shooting deaths of wife, Mildred, and mother-in-law, Chessie Wilkerson, during quarrel. In 1988, 11th District reversed conviction, saying trial judge's instructions put burden of proof on Godfrey. Resentenced to life.

Kenneth Hardy, 48, convicted 1978 in Banks County for shotgun slaying of Lewis J. Ingram. In 1987 sentence reversed. Retried in 1989, sentenced to life. His brother, Bill, earlier sentenced to death, also got life.

Jimmy Lee Horton, 44, convicted 1981 in Bibb County County for shooting death of Willard Don Thompson, the district attorney, during burglary. In 1991, 11th Circuit reversed conviction, saying prosecutor deliberately omitted blacks from jury. Pleaded guilty in 1993, resentenced to life.

David Alfred Jarrell, 40, convicted 1974 in Gwinnett County for abduction and murder of Mala Still, 21. Jarrell was 18. Escaped 1980 with three other death row inmates, one killed in bar fight over a woman. Resentenced to death in 1990 by all-female Gwinnett jury. Georgia Supreme Couty reversed sentence in 1992 because of improperly worded verdict. Later pleaded guilty, agreed not to seek parole.

Johnny L. Johnson, 42, convicted 1975 in Chatham County for rape and murder of Suzanne Edenfield. He escaped from death row in 1980 with three other inmates, but was recaptured. In 1985, U.S. District Court reversed sentence because of ineffective counsel. Later pleaded guilty.

Andrew Philip Legare, 36, convicted 1977 in Baldwin County for beating death of George W. Hill Sr., a retired truck driver. Was 17, an escapee from youth detention center when he entered Hill's home to steal clothes, money and car. In 1986, his conviction (his third death penalty) was thrown out by the Georgia Supreme Court because district attorney improperly asked jury questions about race. Married a schoolteacher in 1991 while on death row. In 1992, convicted again, jury gave him life.

Alphonso Morgan, 37, convicted 1977 in Richmond County for abduction and murder of James Gray. Was in crime spree with other death row inmate Jose Martinez High. Sentence reversed in 1984 and 1990. Resentenced to life, agreed not to ask for parole. Collapsed three times sobbing while leaving death row.

Jerry Homer Page, 46, convicted 1983 in Jackson County for shooting death of his wife, Henrietta, and Dorothy Ann Howard during custody dispute. Sentence overturned because aggravating circumstances not on jury form. Jury gave him life in 1988.

David Peek, 38, convicted 1976 in Greene County for beating deaths of James Jones, his cousin, and Grady Peek Jr., his brother. Peek confessed, saying they harassed him. In 1984, the 11th Circuit reversed because judge replaced a juror holding out for acquittal. U.S. Supreme Court let conviction stand in 1986. In 1990, Georgia Supreme Court remanded to determine whether he was retarded. Resentenced to life in 1992.

John David Pope, 54, convicted 1985 in Cobb County for killing Haralson County druggist Lee Webb while stealing drugs. Changed venue to Cobb. Sentence overturned in 1986 because of jury bias.

Joseph Quick, 53, convicted 1986 in Richmond County of murder-for-hire killing of undercover drug agent Larry Dupree. Georgia Supreme Court ordered new trial in 1987 because of jury instructions. In 1988, prosecutors did not seek death penalty.

Victor Bernard Roberts, 33, convicted 1983 in Fayette County for armed robbery, murder of Mary Jo Jenkins. Conviction overturned in 1992 by U.S. District Court because of ineffective counsel. Pleaded guilty in 1995, got life.

Eddie Lee Ross, 46, convicted 1984 in DeKalb County for rape and stabbing murder of Ellen Funderburg, 87, during burglary in her home. Charges included necrophilia. Georgia Supreme Court overturned for ineffective counsel. Pleaded guilty in 1990.

Judson Ruffin, 41, convicted 1977 in Taliaferro County for shotgun murder of Bonnie Bulloch, 11, during crime spree. Conviction overturned in 1985. In 1994, resentenced to life without parole.

William Alvin Smith, 35, convicted 1981 in Oglethorpe County for robbery-murder of grocer Daniel Lee Turner, 72. U.S. District judge said Smith, with 65 IQ, gave improper confession. In 1989, 11th Circuit ordered new trial. Resentenced to life.

James Lee Spencer, 46, convicted 1975 in Burke County for killing

Lett Williams while being driven to prison, where he faced 110 years on rape and other convictions. Resentenced to death in 1987. In 1993, was remanded to trial court. Jury voted against death penalty because he is retarded.

Eddie Spraggins, 53, convicted in Meriwether County for rape and stabbing murder of Frances Coe. Sentenced to death three times. In 1987, Georgia Supreme Court overturned conviction. Pleaded guilty but mentally ill hours before co-defendent Freddie Davis was to die in December 1988. Davis commuted to life.

Robert William Strickland, 48, convicted 1980 in Hall County for murders of Bonnie Eddie and Lester Carroll, the sister, brother and father of his former girlfriend. Also wounded girlfriend and her mother. In 1985, 11th Circuit overturned conviction, saying Strickland, who howled like a dog in his cell, was insane. Resentenced in 1987 to life.

Donald Wayne Thomas, 36, convicted 1979 in Fulton County for beating and strangling 9-year-old Dewet Baugus. In 1986, 11th Circuit overturned sentence because his attorney failed to present witnesses, including his mother, at his sentencing. Resentenced to life.

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http://www.kypost.com/2003/04/11/bones041103.html

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http://seattlepi.nwsource.com/local/...ntified09.html

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Paper: The Atlanta Journal and The Atlanta Constitution

Title: Jury convicts killer though body missing
Date: March 9, 1985

Knight-Ridder Newspapers

STATESVILLE, N.C. - Into a hot July night 1 1/2 years ago, Dianne Gabriel pulled out of her driveway and disappeared. A 38-year-old real estate agent in Mooresville, she apparently was on her way to meet a prospective client to appraise Lake Norman property, north of Charlotte. Two days later, her pale-green 1981 Buick Skylark was found in a restaurant parking lot. The window on the passenger side was shattered.

Ms. Gabriel's disappearance set off intense air, land and water searches the rest of that month in 1983. But it wasn't until February 1984, seven months later, that her ripped blue slacks, red shoes, pocketbook and car keys were discovered in woods not far from where her car had been abandoned.

She is presumed dead, but her 5-foot-5, 120-pound body never has been found.

Last week a jury in the Iredell County Hall of Justice in Statesville officially resolved the mystery.

Deliberating for one hour, the jury found Johnny Head, a balding and bearded 29-year-old backhoe operator from Mooresville, guilty of second-degree murder. He was sentenced to 50 years in prison, but his attorneys will appeal the verdict.

It was only the second time in North Carolina history that prosecutors tried to prove murder without having the victim's body as evidence.

In the trial District Attorney H.W. "Butch" Zimmerman and Assistant District Attorney Greg York tried to prove that Head lured Ms. Gabriel to his Lake Norman home, bound her hands and feet, strangled her and then disposed of the body.

But with no body or eyewitnesses, the prosecutors relied on circumstantial evidence.

They introduced 113 exhibits, including dog hairs, human hairs, fibers, torn white panties, sex magazines and charts.

Defense attorney James Walker of Charlotte, N.C., had argued that prosecutors had not proven Head guilty. "There's no evidence that this woman is dead . . .," Walker told jurors. "There is a reasonable doubt."

Zimmerman called the seven-day trial "one of the most difficult ones to prosecute in my 15 years."

"I was a little leery initially over the lack of a body . . .," Zimmerman said. "That was the only thing that ever gave me any trouble."

Legal experts had said proving a murder without a body is possible "if there's strong evidence."

Prominent Charlotte defense lawyer Allen Bailey and Alan Briggs, executive vice president and general counsel to the North Carolina Academy of Trial Lawyers in Raleigh, say the prosecutors had difficult hurdles to overcome.

They not only had to prove that Ms. Gabriel was dead, Bailey said, but also that she was murdered. Then prosecutors had to prove it was Head who killed her.

"And you've got to prove all that beyond a reasonable doubt," Bailey said.

Louis Linden, executive director of the National Association of Criminal Defense Lawyers in Washington, said murder prosecutions without the victim's body are rare but speculated that such cases had been tried in just about every state.

"It's a hard row to hoe," Linden said. "I wouldn't want to prosecute a case like that. It's a case with built-in reasonable doubt."

Edward Imwinkelried, a law professor at Washington University in St. Louis who has researched the admissibility of scientific evidence, said more prosecutors are using hairs and fibers as evidence since Wayne Williams was convicted in February 1982 of killing two of Atlanta's 28 missing and slain young blacks.

Evidence presented in Williams's nine-week trial showed that carpet fibers found on the victims' bodies matched those in Williams's house.

"The cumulative impact of all the (fiber and hair) matches can be devastating," Imwinkelried said.

But hairs and fibers weren't the only circumstantial evidence that Zimmerman and York introduced during Head's trial.

Head's fingerprints were found on the large plastic trash bag found in woods near Head's home. Inside the bag were several sex magazines and photographs, nine strips of duct tape, rope and washcloths.

A November 1979 Playboy magazine centerfold, found among the magazines in the plastic bag, matched the cover of the same issue found underneath the dresser in Head's bedroom.

In closing arguments, Zimmerman stretched out on aledge in front of the ury a piece of rope he had been raveling around his hands. He then told the jurors that if they acquitted Head, "We'll give him back his rope and duct tape and let him go out and strangle somebody else."

Zimmerman had described Head as a loner who "likes to mess with ladies."

"He taped her up and he did away with her after he did what he wanted to do to her," Zimmerman told the jurors. "He either burned her or put her under a building or put her in the water. I don't know what he did to her."

But Walker told jurors: "There must be a dead body. Without that, you don't have a crime. The district attorney has not shown you that Dianne Gabriel is dead. If he doesn't show you that, he hasn't proved a murder."

Jury foreman Clifford LeVan said he never had any doubt during deliberations that Gabriel was dead and that Head killed her. "It was excellent evidence," he said.

Head was arrested last May and charged with first-degree murder. But Zimmerman says he decided to try Head for second-degree murder because, without the body, he couldn't prove aggravating circumstances necessary to obtain a death sentence.