Location |
Defendant(s) |
Date of Alleged Crime |
Choctaw County, AL |
Choctaw Three |
1999 |
In Feb. 1999, Victoria Bell Banks was in the county jail and pretended to be
pregnant as a ploy to get released. She had two doctors check on her, the
second of which claimed to have heard a fetal heartbeat. Victoria was
released on bond in May 1999, after she threatened to sue the jail for
failing to provide prenatal care. In August, the sheriff, Donald Lolly,
stopped Victoria and questioned her about the baby that was due in June.
After Victoria told him she miscarried, the sheriff took her to the second
doctor who examined her before, and he could find no evidence she had ever
been pregnant. The sheriff then had officials with the Alabama Bureau of
Investigation question her to find out where was the missing baby. Victoria
could not have been pregnant because she had had her tubes tied in 1995.
After being questioned for extended periods of
time, Victoria, her husband Medell Banks Jr., and her sister, Dianne Bell
Tucker all reportedly confessed to participating in the killing of the
non-existent child. They were charged with capital murder in Sept. 1999.
Rather than face the electric chair, Victoria pleaded guilty to manslaughter
after her trial had begun in Nov 2000, and the other two did likewise six
months later as their trial dates approached. All were sentenced to 15
years in prison. A nationally known fertility doctor examined Victoria and
concluded she was sterile. The prosecutor filed perjury charges against
Victoria for telling a judge she had not been pregnant. The charges were
dismissed in Jan. 2003 when Victoria signed a statement that said, “I,
Victoria Banks, hereby state that I lied when I said I didn't have a baby.
I am sorry.” Medell Banks faced retrial on capital murder charges in Jan
2003, but all charges were dropped after pretrial hearings established that
Medell never admitted to killing a baby. (Justice: Denied)
(ForeJustice) (IDE) (Small
Town Justice) (P2)
(P3) [11/05]
|
Maricopa
County, AZ |
John Knapp |
Nov 16, 1973 (East Mesa) |
John Henry
Knapp was
sentenced to death for allegedly setting a fire that killed his two daughters,
Linda Louise, 3 1/2, and Iona Marie, 2 1/2. The fire occurred in the
children's bedroom at the Knapp house located at 7435 East Capri in East
Mesa, AZ. Shortly before the coroner's inquest, Knapp's wife, Linda,
fled to Nebraska. Knapp was told that a fuel can found at the site of
the fire had no identifiable children's prints (thus ruling out accident),
but did contain numerous adult prints. During his interrogation, Knapp
confessed to setting the fire, but recanted within minutes and never wavered
in maintaining his innocence.
Read More by Clicking Here
|
Maricopa
County, AZ |
Christina Mason |
Mar 6, 1993 |
Phoenix police
elicited a confession from Christina Mason that she killed her three-month old child
by letting another woman inject the child with heroin and cocaine to keep
the child from crying. Autopsy results revealed no drugs other than Tylenol
in the child's body. The medical examiner concluded the likely cause of
death was pneumonia or a viral infection. [9/05] |
Yavapai
County, AZ |
Ray Girdler |
Nov 20, 1981 |
Ray
Girdler was
convicted of setting a fire that killed his wife and child. The conviction
was based on testimony by the prosecution's “expert” witness that a
flammable liquid was present in Girdler's home. Subsequent tests showed
there were no such liquids and that the fire started from natural origins.
Girdler was cleared in 1990 after 8 years of imprisonment. [7/05] |
San Bernardino
County, CA |
Rivera & Walpole |
Jan 16, 1965 |
In 1965
Antonio Rivera and his wife, Merla, were unable to support their seriously ill
3-year-old daughter, Judy Rivera, and abandoned her at a distant San
Francisco gas station in the hope that she would receive better care. The
San Francisco Chronicle reported the finding of the little girl the next
day. In the years following, the couple divorced, and Merla remarried,
becoming Mrs. Walpole. In 1973, the body of a little girl was found near Fontana,
about ten miles from where the couple had lived. Authorities concluded
the found body was Judy Rivera and that her parents must have murdered her.
When Rivera and Walpole were brought to trial, the jury did not
believe their story and both were convicted of murder. Before
sentencing, the judge set aside the verdict and directed the prosecution to
investigate the parents' claim. An investigator located the girl mentioned
in the newspaper story and after tests were performed, authorities were
satisfied that the girl was in all likelihood Judy Rivera. (CWC) (ISI) (NY
Times)
[7/05] |
DeSoto County,
FL |
James Richardson |
Oct 25, 1967 (Arcadia) |
James Joseph Richardson, a farm
worker, was convicted of murdering his oldest child after all seven of his children
were poisoned
with the pesticide parathion. The children, six daughters and a son,
ranged in age from 2 to 8. Richardson was believed to have murdered
all seven, but for strategic reasons was only tried for the murder of one.
If he had been acquitted, he could have been tried successively for murders
of each of the others, giving the prosecution seven chances of a conviction.
Richardson was sentenced to death.
Read
More by Clicking Here
|
Orange County,
FL |
Alan Yurko |
Nov 24, 1997 |
Alan
Yurko's
10-week-old son, Alan Jr., was killed by an adverse reaction to a
vaccination and by subsequent iatrogenic complications in the hospital.
Medical conditions mimic shaken-baby syndrome and Yurko was convicted of his
son's murder and aggravated child abuse. The medical examiner who testified
at his trial did not check child's medical history and issued an autopsy
report that was riddled with mistakes. He later admitted these mistakes in
court. In 2004, following a four-day evidentiary hearing, Yurko's
first degree murder conviction was overturned. That same day he pled
no contest to the manslaughter death of his son and was sentenced to time
served. (Free
Yurko)
(Orlando
Weekly) (JD23) [11/05] |
Mitchell
County, GA |
Denise Lockett |
Sept 1997 (Baconton) |
Sixteen-year-old Denise Lockett gave birth to a full-term baby boy while
sitting on the toilet in her mother's apartment. The baby was stillborn or
died within minutes of falling into the toilet bowl. Lockett has an IQ of
61 and did not know she was pregnant, nor did anyone else. She was charged
with murder. Her court appointed attorney persuaded her to plead guilty to
manslaughter. Lockett was sentenced to 20 years in prison. (JD29
p17) [2/07] |
Honolulu County, HI |
Tayshea Aiwohi |
July 17, 2001 |
Tayshea
Aiwohi was convicted in 2004 of manslaughter in the death of her son,
Treyson, who died two days after being born. His cause of
death was ruled to be methamphetamine poisoning. Aiwohi was charged
with manslaughter based on her methamphetamine use during pregnancy. She
pleaded no contest on the condition she could appeal her conviction, and she
was sentenced to 10 years probation. In 2005 the Hawaii Supreme Court
overturned her conviction, ruling that she could not have committed
manslaughter as it requires behavior against a person that is related to
that person's death. Since her alleged behavior occurred prior to her
son's birth, and since a fetus is not legally a person, she could not be guilty of
the crime.
(Hawaii
v. Aiwohi) (Star
Bulletin) [9/08] |
Cook County,
IL |
David Dowaliby |
Sept 10, 1988 (Midlothian) |
David Dowaliby was convicted of
murdering his 7-year-old stepdaughter, Jaclyn. Police initially assumed
that the window, through which an intruder had allegedly entered to abduct
Jaclyn, had been broken from the inside of their home. There was more
broken glass on the outside than on the inside but forensic analysis
established that it had been broken from the outside. During the
investigation, Dowaliby and his wife, Cynthia, had followed police advice
not to talk to the press, but such refusal had made them appear guilty.
At trial, for
which both Dowaliby and his wife were charged with first-degree murder, the
prosecution presented a witness, with a history of mental illness, who
stated that he saw someone with a nose structure resembling Dowaliby on the
night the victim had disappeared and near where her body was found five days
later. This witness, Everett Mann, made this identification from an
unlighted parking lot 75 yards away on a moonless night. The prosecution
also presented 17 gruesome autopsy photos that are disallowed in many
jurisdictions because they serve to prejudice a jury. The trial judge gave
Dowaliby's wife a directed verdict of acquittal, but the jury convicted
Dowaliby.
Afterwards, in
an interview, the jury forewoman said that fist marks on the door of a
bedroom were critical to the jury's decision to convict Dowaliby. These
marks appeared in one of the evidence photos, but were never mentioned by
either side. The jury concluded from these marks that Dowaliby had a
terrible temper. In fact, they had no bearing on the case, as they had been
present years earlier, before the Dowalibys had moved into their home. The
jury forewoman also said, that if given the chance, the jury would have
convicted Dowalibly's wife as well.
An appeals court
reversed Dowaliby's conviction in 1991, on the grounds of insufficient
evidence. The case came to a legal end in 1992 when the Illinois Supreme
Court declined to hear an appeal by the prosecution. The case is the
subject of a book, Gone in the Night: The Dowaliby Family's Encounter
With Murder and the Law by Protess and Warden (1993). (CWC) (American
Justice)
[12/06] |
Henry County,
IL |
Tabitha Pollock |
Oct 10, 1995 (Kewanee) |
Tabitha
Pollock was
convicted of murder and sentenced to 36 years imprisonment. Pollock's
live-in boyfriend killed her 3-year-old daughter, Jami Sue, and prosecution
contended that Pollock “should have known” he posed a danger to her child.
Pollock's conviction was upheld on appeal even though the trial judge had
acknowledged that Pollock “did not commit the act of killing, nor did she
intend to kill the child, nor was she present in the room when her boyfriend
killed the child.”
Even though
the deadline for filing a further appeal had passed, the Illinois Supreme
Court agreed in 2001 to hear the case and in Oct. 2002, unanimously reversed
Pollock's conviction, holding that a defendant cannot be convicted on an
accountability theory based on what he or she “should have known.” The
court barred a retrial, by a vote of four to two, and Pollock was released
in Dec. 2002. (CWC)
[7/05] |
Lawrence
County, IL |
Julie Rea |
Oct 13, 1997 (Lawrenceville) |
Julie Rea was convicted of
stabbing to death her 10-year-old son, Joel Kirkpatrick. Julie
maintained that a masked intruder stabbed her son. The intruder also
left a bruise over her eye and an inch deep gash on her arm. A
physician noted that Julie's injuries, such as the horizontal scrapes on her
knees, did not appear to be self-inflicted. In escaping, the intruder
ran through two sets of glass doors.
Despite the
bloodbath found in her son's room, Julie was found with no blood on her
except for a small transfer pattern presumably caused by her contact with
the intruder. Her toilets, sinks, washer, and dryer were found free of
blood. A search of her septic tank and the lines leading to it failed to
reveal the presence of any blood. Her ex-husband, Len Kirkpatrick, with
whom Julie had a bitter divorce, had recently gotten residential custody of
Joel, because he remarried, allowing Joel to have a two-parent home. The
prosecution alleged that Julie's thinking regarding custody was, “If I can't
have him, nobody will.” Julie was not charged until three years after the
murder. No new evidence had surfaced after the initial investigation, but
her ex-husband and chief accuser had become a sheriff's deputy in a
neighboring county. He had vowed in writing to “destroy her.”
After the case
was featured on 20/20, serial killer Tommy Lynn Sells confessed to the
murder. Sells was a cautious killer who liked to kill but learned to avoid
danger to himself. He would often kill sleeping victims, as awake victims
were more dangerous. After a would-be adult victim sent him to the hospital
for a week and to prison for five years, he stuck exclusively to killing
children. Sells is also a suspect in the Texas intruder murders of Devon
and Damon Routier. Their mother, Darlie Routier, has been sentenced to
death for the murders. The state denied Sells confession, but the
confession is reportedly too accurate to be dismissed as coincidence. In
2004, Julie's conviction was overturned because her prosecutor did not have
the legal authority to try her. She was acquitted on retrial in 2006. (ABC
News) (CWC) [11/05] |
Will County,
IL |
Kevin Fox |
June 6, 2004 (Wilmington) |
Kevin
Fox was charged with the murder of his 3-year-old daughter, Riley. Fox
had confessed to the crime after a grueling
interrogation that lasted more than 14 hours. Riley had fallen asleep
on the living room couch, but was missing from her house the next morning.
The front door was open. She may have opened it herself and gone
outside. There were no signs of forced entry. Riley was found
later that day, drowned in a creek four miles from her home. She had
been sexually assaulted. Her arms and mouth were bound with duct tape. Fox was released after
spending 8 months in jail. DNA tests failed to link him to the crime.
Fox and his wife were awarded $15.5 million from Will County in Dec. 2007.
The County plans to appeal the award. (Chicago
Tribune) [4/08] |
Elkhart
County, IN |
Edgar Garrett |
1995 (Goshen) |
“Police in Goshen, Indiana
persuaded Edgar Garrett that he killed his daughter, Michelle, who had
mysteriously disappeared. During fourteen hours of interrogation,
Edgar Garrett gave an increasingly detailed confession describing how he
murdered his daughter, whose body had not yet been found. No
independent evidence linked him to the crime or corroborated his confession.
At the same time, his post-admission narrative contradicted all the major
facts in the case. Edgar Garrett confessed to walking into a park with
his daughter through new-fallen snow, bludgeoning her with an axe handle at
a river's edge, and dumping her body in the river. However, the police
officer who arrived first at the crime scene did not see footprints in the
snow-covered field at the entry to the park but, instead, saw tire tracks
entering the park, bloody drag marks leading from the tire tracks to the
river's edge, and a single set of footprints going to and returning from the
river. Obviously, someone had unloaded Michelle Garrett's body from a
vehicle and dragged it to the river, but Edgar Garrett did not own a car and
no evidence was ever developed that he had access to one that day.
Michelle Garrett's coat was recovered from the river separately from her
body and had no punctures, suggesting that she had been killed indoors and
transported to the river bank.”
“Edgar Garrett's
confession regurgitated the theory the police held at the time of the
interrogation: that his daughter had been clubbed to death. Weeks
later, when Michelle Garrett's body was recovered, police learned that she
had been stabbed thirty-four times; that her body showed no evidence of
significant head trauma; and that the axe handle Edgar Garrett confessed to
club her with showed no traces of her hair or blood. At trial, the
jury acquitted Edgar Garrett.” –
Leo &
Ofshe |
Rapides
Parish, LA |
Amanda Hypes |
Jan 2001 (Tioga) |
Amanda
Hypes, aka Amanda Gutweiler, was
indicted in April 2002 for the arson murder of her three children, Sadie
Plum, 10, Luke Hayden, 6, and Jessica Gutweiler, 3. A fire “expert,”
John DeHaan, ruled that the Jan. 2001 fire that destroyed her
home on Friar Tuck Road in Tioga was arson. Prosecutors said they would demand the death penalty.
After being held in jail awaiting trial for more than four years, a judge
dismissed the indictment and released Hypes. He ruled that the original
arson finding was based “merely on an old wives tale,” of discredited fire
investigation techniques. (Chicago
Tribune) [3/07] |
Lowndes County, MS |
Sabrina Butler |
Apr 12, 1989 |
Sabrina
Butler was
sentenced to death for the murder of her nine-month-old son, Walter Dean
Butler. At her trial, the prosecution sought to prove that Butler's account
of the events leading to her son's death was false, and that she had
inflicted the fatal wounds intentionally. On appeal, the court remanded the
case for a new trial based on a number of flaws in the trial proceedings.
By the time of the retrial in 1995, one of Butler's neighbors had come
forward with evidence that corroborated her account: that the injuries to
her son occurred during the course of an unsuccessful attempt to administer
CPR. The retrial jury acquitted Butler of all charges. It is now believed
that her son may have died either cystic kidney disease or from SIDS.
(PC)
[7/05] |
St. Louis
County, MO |
Sandra Kemper |
Nov 16, 2001 (Black Jack) |
Sandra
Kemper
confessed to starting a house fire that killed her 15-year-old son after she
was told that she failed a lie detector test. The defense argued the
confession was coerced. The trial judge allowed evidence of the lie
detector test into
the trial. The defense argued that it showed an 88 percent probability she
was telling the truth. The judge then declared a mistrial because he
changed his mind about the admissibility of the test. In 2006, the Missouri
Supreme Court ruled that Kemper cannot be retried, as a retrial would
violate the law against double jeopardy. [9/06] |
Washoe County, NV |
Kriseya Labastida |
Jan 9, 1993 |
Kriseya
Labastida was
convicted of murder because her husband had physically abused her infant
son, Thunder, an abuse that resulted in his death. She was convicted
because she “should have known” that her husband was likely to abuse and
kill her son. The conviction was overturned in 2000. (IPT) |
Queens County,
NY |
Alice Crimmins |
July 14, 1965 |
Alice Crimmins was
suspected of abduction murders of her son, Eddie, and daughter, Missy, in
part because the investigator thought she did not show “proper” grief. Some
also thought Crimmins was too interested in her appearance. The murders
occurred on July 14, 1965 and the case became a tabloid sensation. Police
wiretapped her phone and were treated to titillating talk with her many
sweethearts. However, the tapes did not reveal any conspiracy with others.
The murders would have required at least two accomplices. Police waged a
campaign of harassment to break her. They called up Crimmins' employers and
repeatedly got her fired. They also called her estranged husband when she
was with another man. The husband chased one of her paramours outside
without giving him a chance to get his clothes.
Crimmins was
eventually convicted of the murder of her son Eddie, and the manslaughter of
her daughter because of the memories of witnesses, which grew over time.
One witness claimed to hear normal speaking voices from two hundred feet
away. The prosecution alleged Crimmins killed her daughter because she
intruded on her and her lover when they were having sex, and then killed her
son because he learned about the killing of his sister. Crimmins was
paroled in 1977. (CrimeLibrary)
[5/07] |
Cuyahoga
County, OH |
Eve Rudd |
June 10, 2001 |
Twenty-seven-year-old Eve Rudd
was indicted by a grand jury for the arson murders of her 4-year-old
daughter and 6-year-old son. Authorities charged Rudd after finding pour
patterns, which they said were evidence that she had doused clothing and
papers in a second-floor bedroom with cooking oil and set the room ablaze.
But the pour patterns proved to be a faulty indicator of arson.
Kenneth
Gibson, a fire investigator retained by defense lawyers, videotaped an
experiment with cooking oil and found it was not an accelerant – the oil by
itself was not flammable unless it was heated to 540 degrees. Gerald
Hurst, who also investigated the fire for the defense, said there were so
many burn patterns, “you can't interpret them anymore.” A jury
acquitted Rudd after she spent nine months in jail.
[10/07] |
Hocking
County, OH |
Dale Johnston |
Oct 4, 1982 (Logan) |
Dale
Johnston was
sentenced to death for the murders of his stepdaughter, Annette Cooper
Johnston, 18, and her fiancé, Todd Shultz, 19. The two were reported
missing on Oct. 4, 1982. Ten days later their torsos were found in the
Hocking River. Body parts were later found buried in a cornfield. The
conviction was due to hypnotically induced testimony and alleged boot print
forensics. The prosecutor contended that the victims had been killed in
Johnston's home and that their bodies were later discarded in the cornfield
eleven miles away. After Johnston's conviction was vacated, it became known
that the prosecution had withheld knowledge of four independent witnesses
who had seen the couple shortly before their murder and had heard gunshots
near the cornfield. Johnston could prove he was home at the time the shots
were fired. Johnston was released in 1990 and charges against him were
dropped. (CWC)
[7/05] |
Lucas County,
OH |
Elizabeth Golebiewski |
May 21, 1983 |
Elizabeth
Golebiewski was convicted of murdering her 19-month-old daughter, Tennille.
Tennille was found wedged between her bed and a closet door. The case
against Golebiewski was largely circumstantial and hinged on testimony from
a prison informant who had a long rap sheet. (Toledo
Blade) |
Delaware County, PA |
Ronald Lewis |
Mar 2, 1998 (Chester) |
Ronald Winston Lewis was
convicted of murdering his 5-month old son, Shirron Lewis, by shaking him.
Shirron had been born premature and required a breathing monitor and as many
as 10 medications to survive. Lewis and Shirron's mother, Jackie
Allen, had already lost another child, Darius Lewis, to Sudden Infant Death Syndrome when
he was nine
days old. Darius was born with a heart defect. Shirron reportedly had seizures after he was born and Allen
wondered if the hospital released him too soon. Lewis is the father of
at least nine children.
Read More by
Clicking Here
|
Delaware County, PA |
Robert Rivera |
Aug 10, 1999 |
Robert Norman Rivera was convicted in
2002 of murdering his 20-month-old daughter, Katelyn Rivera. On Aug. 10, 1999, Robert picked
up Katelyn at her day care in Boothwyn, PA, took her to the zoo, to a
fast-food restaurant, and to other places. Technically, Aug. 10 was
not a scheduled day for Robert to have custody of Katelyn. Robert then repeatedly tried to return
her to her mother, Jennifer Helton, but Helton refused to take her.
Apparently, Helton wanted greater custody rights and wanted to prolong
Rivera's care of her so she could argue that he did not return her.
Later that night Rivera took Katelyn to a tourist location (Longwood
Gardens) and while there said he met a couple and ended up giving them custody of
Katelyn as he had no money to continue caring for her.
Read More by
Clicking Here
|
Lehigh County,
PA |
Dennis Counterman |
July 25, 1988 (Allentown) |
Dennis Counterman was sentenced to death
for the arson murder of his three children. The children perished in a fire
at their row house home located at 436 Chestnut St. in Allentown. On the
morning of the fire, neighbors reported seeing Dennis in his back yard in
his underwear screaming for help because his kids were inside. The fire
department believed that the fire was set and accelerants must have been
used because of the speed with which the fire spread through the house.
Expert testimony has since shown that the type of sofa that was in the
Counterman's house acts as its own accelerant, and that the fire theories
relied upon by the local fire department were outdated and have long since
been repudiated.
At trial, the
prosecution suppressed exculpatory evidence, although it released some
evidence in the middle of the trial when the defense team was too
overwhelmed to review it. Counterman's six-year-old son, Christopher, had a
history of fire starting and in fact had burn scars from a prior
fire that he had started. Christopher had set fire to the curtains in the
house one month before. The prosecution's lead witness, Counterman's
mentally retarded wife, told investigators at the time of the fire that
Dennis was asleep when the fire started (he had worked the night shift the
evening before) and that she had awakened him to alert him that the house
was on fire. Under the joint influence of police interrogation and heavy
medication for severe burns, she subsequently gave a statement that Dennis
had set the fire. Counterman's conviction was overturned in 2001 because
the state withheld evidence of Christopher's fire starting. Rather than
face the uncertainty of a new trial, Counterman agreed to a time served plea
in which he did not have to admit guilt. He was released in Oct. 2006. (TruthInJustice)
(CounterPunch)
[1/07] |
Monroe County,
PA |
Han Tak Lee |
July 29, 1989 (Stroud Twp) |
Han Tak
Lee was
convicted of murder for allegedly setting a cabin fire that led to his
daughter's death. Investigators schooled in old and now discredited fire
investigation beliefs ruled the fire an arson. Beginning in the 1980s,
some investigators began setting experimental fires and observing the
results. The results of these experiments overturned old beliefs and made
fire investigation a science. Modern science-based arson investigators say
that the cabin fire that led to the death of Lee's daughter was an
accidental fire. (USA
Today) (Arson
Investigation) [3/07] |
Philadelphia County, PA |
Daniel Dougherty |
Aug 24, 1985 |
In 2000, Daniel J. Dougherty was
convicted of starting a 1985 fire at his Carver St. house that killed his
two sons, Danny Jr., 4, and John, 3. He was sentenced to death. Thirteen
years after the fire, Dougherty's ex-wife called police and said he used
gasoline to start the fire. Despite the fact that no traces of gasoline or
accelerant were found during the fire investigation, the fire marshal, John
J. Quinn, changed his original story to match that of Dougherty's ex-wife. On the
day of Dougherty's arrest, his ex-wife left a message on his sister's
answering machine stating, “I know he didn't do this. I still love him.”
The tape then mysteriously disappeared after being given to his
court-appointed attorney. However, paperwork surfaced that documented the
tape.
By this time,
two prison informants claimed that Dougherty confessed to them that he
started the fire. The fire marshal then changed his story again so as to
not so closely match the discredited testimony of Dougherty's ex-wife.
Dougherty's ex-wife was not used at trial. At trial, the fire marshal
testified that there were three separate sources of ignition, a classic
indicator of arson according to old school fire investigation techniques.
Three arson
experts using modern techniques have since reviewed the case and dispute the
alleged separate sources of ignition. They found the original investigation
to be so flawed that it was impossible to tell whether the fire was arson.
One of them, John J. Lentini, estimated that nationally between 100 and 200
people might be “doing hard time” for arsons that were not arsons. As of
2007, Dougherty is appealing his conviction. (DeathRowUSA)
(Phila
Inquirer) [3/07] |
York County,
SC |
Billy Wayne Cope |
Nov 29, 2001 (Rock Hill) |
Billy Wayne Cope, a white man,
was charged with beating, sexually assaulting, and murdering his 12-year-old
daughter Amanda. Amanda died at her family's Rich Street home in Rock
Hill. Police suspected Cope, as there were no signs of forced entry to
their home. After four days of interrogation while suffering from the
stress of finding his daughter dead, Cope confessed to the crime.
Later DNA tests of the semen found inside Amanda matched a black man, James
Edward Sanders, who had a history of break-ins involving sexual assaults.
Sanders had moved into Cope's neighborhood a few weeks before. Instead
of dropping the charges against Cope, police, not wanting to waste a coerced
confession, merely added a conspiracy charge, despite the fact that no
connection was established between Cope and Sanders.
As trial neared in
2004, Judge John C. Hayes III refused to sever Cope's trial from that of
Sanders and thereby prevented Cope's defense from presenting evidence of
Sanders' other crimes. Sanders, who was released from prison before
Amanda was killed, was charged with several York County crimes, including
break-ins and a sexual assault that occurred after Amanda died. At the
conclusion of the trial, both Cope and Sanders were convicted of the crime.
The television news magazine
Dateline NBC later produced a two-hour report about the case which Prosecutor Kevin Brackett called,
“...a blatant, slanted, one-sided, hit
piece designed to make us look bad.” Brackett has since created a
website www.billywaynecope.com
in which he attempts to defend the conviction. (TruthInJustice) (The
Herald)
[12/05] |
Coffee County,
TN |
Andy Houser |
June 3, 2003 |
Andy Houser's son Ethan died
suddenly while in his care. After the medical examiner, Dr. John
Gerber, ruled that that
Ethan died of “shaken baby syndrome,” police arrested Houser for Ethan's
murder. Besides the police, Houser's in-laws and wife soon believed he was
guilty. Houser's first child was born with a chromosome disorder and a hole
in his heart, and died days after birth. His wife became pregnant again,
but miscarried in the first trimester. Ethan, Houser's next child, appeared
healthy for the first 9 weeks of his life. He then had three bouts of
projectile vomiting, after which doctors could find nothing wrong with him.
While in Houser's care, Ethan then stopped breathing. Houser resuscitated
him using CPR, but Ethan stopped breathing again while Houser was driving
him to the hospital. The hospital declared Ethan dead.
Houser's trial
was delayed because the medical examiner died. The prosecution needed time
for an assistant to examine the autopsy findings so that a witness could
present medical testimony. In the meantime, Houser's defense found a
defense expert, Dr. Ronald Uscinski, who was a skeptic of shaken baby
syndrome and had testified in numerous shaken baby trials. Uscinski found nothing to indicate that
Ethan was shaken. Instead he found that Ethan had suffered a series of
strokes over time including possibly prior to birth, and that he had died
from these. The medical examiner's assistant, Dr. Thomas Deering, then
had second thoughts on the original autopsy findings and subsequently agreed
with Uscinski. Deering then issued an amended autopsy report and the charges against
Houser were dropped. (Tennessean)
[3/07] |
Davidson
County, TN |
Russell Maze |
May 3, 1999 |
Russell
Maze's
5-week-old child, Alex, suffered internal head bleeding on May 3, 1999
consistent with “Shaken Baby Syndrome.” Alex died 18 months later in Oct.
2000. Maze was convicted of Alex's death and sentenced to 51 years in
prison. Recent biomechanical studies have shown “Shaken Baby Syndrome” to
be a largely imaginary diagnosis as it is almost impossible for an adult to
shake a baby hard enough to cause brain injury. Alex had been born
underweight and 6 weeks premature. (www.truthforalexmaze.com)
[3/07] |
Dallas County,
TX |
Darlie Routier |
June 6, 1996 (Rowlett) |
Darlie
Routier and
two of her sons were attacked by an intruder in their Rowlett home at 5801
Eagle Drive. The two sons
died. The prosecution claimed the attack was staged and convicted Routier
of murders. An investigator took steps to steer the investigation away from
his son, who is now in prison for other violent crimes. Prosecutors and the
courts continue to stonewall against turning over or testing evidence that
will prove her innocence. A book was written about the case entitled
Media Tried, Justice Denied by by Christopher Wayne Brown. (American
Justice) (JD01) (JD06)
(www.fordarlieroutier.org)
(www.justicefordarlie.net) (ODR) [6/05] |
Navarro
County, TX |
Todd Willingham |
Dec 23, 1991 (Corsicana) |
Cameron Todd Willingham was
convicted of murdering his three daughters by setting his house on fire.
Under police interrogation, Willingham said that his wife, Stacy, had left
the house around 9 a.m. After she got out of the driveway, he heard
his one-year-old twin daughters cry, so he got up and gave them a bottle.
The children’s room had a safety gate across the doorway which his
two-year-old daughter, Amber, could climb over but not the twins. He
and Stacy often let the twins nap on the floor after they drank their
bottles. Since Amber was still in bed, he went back into his room to
sleep. Willingham's house was warmed by three space heaters, one of
which was in the children's bedroom. This heater had an internal
flame. Amber had been taught not to play with the heater though she
reportedly got “whuppings every once in a while for messing with it.”
Read
More by Clicking Here
|
Greenbrier County, WV |
Marybeth Davis |
1981-82 |
Marybeth Davis was convicted of
the attempted murder of her son and the murder her daughter. In Sept
1981, Davis's two-month old son Seth went
into convulsions and ended up in a
permanent vegetative state. Six months later Davis's daughter Megan went into convulsions
and died. Following these incidents, police launched an investigation, but
concluded there was not enough evidence of foul play to charge Davis with
any crime.
In 1995, Davis's case was reopened by State
Trooper Michael Spradlin as part of a task force committed to solving cold
cases. The following year, prosecutor Mark Burnette
took the case to trial, stating “the medical evidence was overwhelming.”
The prosecution claimed Davis injected Seth with insulin and poisoned Megan
with caffeine. It also presented Dr. Basil Zitelli to give his expert
opinion that Davis committed the alleged crimes because she suffered from Münchausen
Syndrome by Proxy.
Münchausen Syndrome is an alleged psychological disorder in which one
feigns, exaggerates, or creates symptoms of illness in oneself in order to
gain the sympathy or attention of others. Münchausen Syndrome by Proxy
is similar except that one purportedly feigns, exaggerates, or creates
symptoms of illness in another person, such as a child, in order to gain
sympathy. Following
Davis's conviction, Münchausen Syndrome by Proxy was
debunked by many experts in psychology. Courts in England and
Australia have prohibited medical experts from testifying that anyone has
MSBP after ruling the syndrome is merely descriptive and not a
psychiatrically identifiable illness or condition. Advanced testing
showed that Seth's illness was related to a human growth hormone deficiency
and other evidence showed that that
Megan died from from a rare condition known as Reye's Syndrome. In 2007
Davis was released from prison
after agreeing to a plea deal, that gave her a time served sentence. (Justice
Vol 1
p7) [11/09] |
New Brunswick, Canada |
George Pitt |
Oct 2, 1993 (St.
John) |
George
Pitt was
convicted in 1994 of the rape and murder of his six-year-old stepdaughter,
Samantha Dawn Toole. Samantha was found dead behind her home at the edge of
the Saint John River. The key evidence against Pitt was that he was washing
a comforter at four in the morning. Biological evidence that was not tested
before trial has since been tested and such tests clear Pitt. Pitt is still
imprisoned as of 2006, serving a life term. (Ottawa
Citizen) (R.
v. Pitt)
[9/06] |
Ontario, Canada |
Tammy Marquardt |
Oct 9, 1993 |
Tammy Marquardt was convicted of
the murder of her 2-year-old son, Kenneth. Marquardt said she woke
from a nap to find Kenneth tangled in his bed sheets and when she freed him
he wasn't moving. However, a pathologist, Charles Smith, testified
that Kenneth had died from asphyxia after being smothered or strangled.
Smith's findings were subsequently rejected by six forensic experts,
including Newfoundland and Labrador's chief medical examiner, Dr. Simon
Avis, who said Kenneth, an epileptic, could have died from a seizure.
Another expert, Dr. Pekka Saukko, said Smith's conclusions in Marquardt's
case were “illogical and completely against scientific evidence based
reasoning.” Marquardt had rejected a plea bargain that would have given
her a five-year sentence for manslaughter.
The Office of
the Chief Coroner for Ontario found that Smith made serious errors in 20 of
45 criminally suspicious deaths he investigated between 1991 and 2001.
Smith's findings led to homicide charges against parents and caregivers,
many of which were unwarranted. In early 2009, Marquardt was the last person included in a
review of of Smith's work still behind bars. She has maintained her
innocence and said she discovered her son struggling and tangled in a bed
sheet after he called out to her from a bedroom. Marquardt was
released on bail in Mar. 2009 and her conviction was quashed in Feb. 2011.
The pathologist, Dr. Charles Smith, was stripped of his license to practice
medicine in Ontario. (Toronto
Star) (Ottawa
Citizen) (The
Record) [3/09]
|
England (Birmingham CC) |
Julie Ferris |
1993, 1998 |
“Julie Ferris was wrongly convicted in June 2000 of smothering two of her
children. [The first child, Hayley, died at nine months in 1993 and
initially was thought to have been a cot-death victim. When the second
child, Brandon, died five years later, aged eight months, Ferris was
arrested.] The prosecution relied on the ... testimony of
discredited expert witness Sir Roy Meadows – the same expert whose erroneous
testimony contributed to the wrongful convictions of Sally Clark and Angela Cannings. [Ferris's] conviction was reversed in May 2003 and she was
released on bail pending a retrial, which was scheduled for November 2004.
On August 6, 2004 the prosecution announced it was dropping all charges
against Julie Ferris.” –
FJDB (Times) |
England (Winchester CC) |
Sally Clark |
Dec 1996, Jan 1998 |
“Sally Clark was wrongly
convicted of killing two of her young children 13 months apart. Her
conviction was based on the testimony of a medical ‘expert’ that it is
virtually impossible that two babies in one family would die of natural
causes, and on the perjured testimony of the government's forensic scientist
that she smothered the children. The first baby, Christopher, died at
11 weeks of age in Dec. 1996, and the second child, Harry, died at 8 weeks
of age in Jan. 1998.”
“In 2002 it was
discovered that the prosecution concealed a medical report that indicated
there is identifiable physical evidence the second child died of natural
causes, and it was the concealment of that report that led to the death of
the first child being changed from natural causes to smothering, and the
death of the second child being attributed first to shaking, and then to
smothering. It was learned by Sally Clark's husband, Stephen, after
the trial that at least 50 families in the UK every year suffer the death of
a second child after the previous death of a child, and Manchester
University researchers discovered in 2001 that there is a ‘crib death’ gene
(SIDS). A common denominator in both of the deaths is they both occurred
shortly after the babies received vaccinations.”
“Clark's
convictions were quashed by the Court of Appeals on January 29, 2003 ...
Clark died of an apparent heart attack [in] 2007, at the age of 42.” –
FJDB |
France |
Jean Calas |
Oct 1761 |
“Jean Calas was wrongly convicted on March 9, 1762 of murdering his son
[Marc-Antoine] by hanging him. 63-year-old Calas was executed later
the same day he was convicted by being strangled and burned. Calas had been
horrifically tortured in an effort to extract a confession, but he did not
confess. Voltaire took up the cause of finding evidence to prove Calas was
innocent. On June 4, 1764, France's Great Council annulled Calas' judgment
of guilt. On March 9, 1765, Calas was acquitted after a retrial, and his
son's death was officially ruled a suicide. After the decision was
announced, Voltaire wrote, "This is an event that seems to allow one to hope
for universal tolerance." At the time Voltaire was 71-years-old. After
making an application to the King, Madame Calas was awarded 12,000 livres,
his two daughters were each awarded 6,000 livres, 3,000 livres was awarded
to each of his sons and the Calas’ housekeeper, and 6,000 livers was awarded
to the family to cover legal expenses. One thousand livres was equal to 10.8
ounces of gold, so these were very significant sums in 1765 given the
generally low standard of living in France.” –
FJDB |
Slovenia |
Franz Bratuscha |
Apr 16, 1900 (Majsperk) |
Franz Bratuscha was convicted of
the murder of his 12-year-old daughter, Johanna. On April 16, 1900,
she disappeared from her home
in Majsperk, Slovenia, then part of the Austro-Hungarian Empire.
Bratuscha reported her disappearance to the police.
About 9 weeks later he read in a newspaper that the body of a dead girl
was found in Spielfeld, Austria, a town 26 miles to the north.
Bratuscha went to Spielfeld and when police showed him the dead girl's
clothes, he identified them as belonging to his daughter. He told police he had bought the fabric
out of which the clothes were made and offered to bring the leftover portion of
the fabric. Police were satisfied that the dead girl was his daughter and
they gave him the clothes.
Read More
by Clicking Here
|
Poland |
Gawenda & Gallus |
1882 (Radgoszcz) |
Johann Gawenda was convicted of the murder of his 16-year-old stepdaughter,
Katharina
Sroka, also known as Katie. Katie's mother died in 1867, leaving
her two-year-old daughter an estate
consisting of three acres of fields and a cottage. Katie's father, Ignatz
Sroka, managed the estate following the death of his wife. He subsequently
married Marie Gallus. This marriage did not last long, as Ignatz was
convicted of murder and died in prison in 1875. His widow Marie then
married Johann Gawenda, who took over the administration of the estate for
the still underage Katie and at the same time pledged to provide for her
maintenance and upbringing. Gawenda neglected these obligations in a most
unscrupulous manner, as he monopolized the land and treated its owner so
badly that she had to work as a maid and also to depend on charity.
Read More by
Clicking Here
|
Japan |
Tatsuhiro & Keiko |
July 22, 1995 (Osaka) |
Shimada Tatsuhiro and his common
law wife, Aoki Keiko, were both sentenced to life imprisonment for the arson
murder of Keiko's daughter. On the day of the alleged crime, Tatsuhiro
filled the gas tank of his van before returning to his home in the
Higashi-Sumiyoshi ward of Osaka. Ten minutes later he smelled smoke and
noticed a small fire in the garage under his van. Tatsuhiro searched for a
fire extinguisher, but the fire quickly grew and spread. Keiko's daughter
died in the fire after being overcome by smoke in a first floor bathroom.
Keiko had 15 million yen life insurance policies on both her children. Life
insurance on children was not uncommon, but 5 million yen and 10 million yen
policies were more typical. The couple had no financial difficulties at the
time of the blaze.
Read More by
Clicking Here
|
Australia (NT) |
Lindy Chamberlain |
Aug 17, 1980 |
Lindy Chamberlain was convicted of murdering her 10-week-old daughter Azaria.
Lindy claimed Azaria was snatched by a wild dog, known as a dingo, from a
campsite in central Australia. Azaria was never seen again. (www.lindychamberlain.com)
(A Cry in the Dark)
[12/10] |
Australia (VIC) |
Tomas Klamo |
July 2005 |
Tomas Klamo was convicted of manslaughter in the alleged shaking death of his four-week-old
son, Izaiah. Klamo admitted to having
shaken Izaiah a little harder than normal a week or two before his death.
Izaiah subsequently died of a brain hemorrhage. At trial the crown's medical expert was unable to say what caused the
hemorrhage, but said he did not believe it was caused by shaking as Izaiah
had no other injuries consistent with shaking. Klamo was sentenced to
5 years of imprisonment. On appeal in 2008, the Victorian Supreme Court of
Appeal found the evidence against Klamo was insufficient to convict. It
quashed his conviction and ordered his acquittal. (R
v. Klamo) (Herald
Sun) [11/09] |
|