Location |
Defendant(s) |
Date of Alleged Crime |
San Diego County, CA |
David Genzler |
Apr 18, 1996 (Ocean Beach) |
David Genzler was convicted of the
murder of Dusty Harless, 25. In college, Harless was an AAU
National Wrestling Champion. He worked as a wakeboard (surfboard) salesman,
and was a world-class wakeboarder. He was apparently very popular as
hundreds showed up at his funeral. After midnight one Saturday night,
Harless walked with his girlfriend, Sky Flanders, to a nearby liquor store
with the intention of hailing a cab. Because it was raining, Flanders ran
up ahead to get out of the rain. Genzler was driving by and stopped his car
to ask if she needed a ride or, according to some, made a lewd comment. He
was not aware that she was with Harless. Harless went around to the
driver's side of the car to talk to Genzler and an altercation ensued.
Harless ended up with a four-inch stab wound that cut his aorta, the massive
artery that carries blood from the heart. He soon bled to death. Genzler
drove off.
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Santa Clara
County, CA |
P. F. Lazor |
Jan 1983 (Los Gatos) |
P. F.
Lazor shot a
man named John Allred who broke down his door and was swinging a meat cleaver at him.
Allred also wielded a handgun which turned out to be a BB-gun, but looked
like the real thing. After
Allred stopped, though was still standing, Lazor called police and got the man medical attention, but
he died several hours later. Because of police suppression of evidence and
manufacturing of new evidence, Lazor was convicted of murder. (Copy
of Old Website) (New Website)
[11/05] |
Siskiyou
County, CA |
John & Coke Brite |
Aug 30, 1936 (Horse Creek) |
John and Coke Brite, brothers,
were convicted of the murders of deputy sheriffs Martin Lange and Joseph
Clarke, as well as the murder of Captain Fred Seaborn, a U.S. Navy officer. The Brites, who were gold prospectors, returned to a cabin on their rented
land, where their parents stayed, and then headed out again. At nightfall
they set up camp on the land of a neighbor, B. F. Decker, and went to bed. Two intruders then entered their camp, another neighbor, Charley Baker, and
his friend, Fred Seaborn. At trial, Baker alleged they were looking for a
strayed horse that Baker owned. It was later learned that Baker had been
using the cabin on the Brites' property for rent-free storage and had motive
to drive the Brites from their land. Baker and Seaborn picked a fight with
the Brites, which proved to be a mistake as the Brites made quick work of
them. Baker then went to a judge and talked him into issuing warrants
charging the Brites with assault.
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|
Siskiyou
County, CA |
Patrick Croy |
July 17, 1978 (Yreka) |
Patrick Eugene “Hooty” Croy was
sentenced to death for the murder of Bo Hittson, a Yreka police officer. A
weekend of partying led to an ill-fated shoot-out between police and a group
of Native Americans, including Croy. Croy was convicted of attempted
robbery, conspiracy to commit murder, attempted murder, assault, and the
murder of the police officer.
In 1985,
the
California Supreme Court overturned most of Croy's convictions. The Court
found that the trial judge had read the wrong instructions to the jury,
allowing the jury to convict Croy of robbery even if he did not intend to
steal. Because the murder conviction was based on the theory that Croy had
intentionally committed a robbery that had caused the officer's death, the
murder conviction was reversed.
At retrial in
1990, Croy's defense presented evidence that Croy acted in self-defense
during the shoot-out, including evidence that Croy himself was shot twice
during the altercation, expert testimony regarding the antagonistic
relationship between law enforcement and local Native Americans at the time
of the crime, and that Officer Hittson had a blood alcohol level of .07 at
his time of death. Croy was acquitted of all charges for which he was tried,
based on self-defense. The trial court entered a finding that, if the
conspiracy and assault charges had been included in the retrial, Croy would
have been acquitted of them as well. Croy was resentenced on these charges
and was released on parole.
In 1997, Croy
violated parole and was given an indeterminate life sentence. In 2005,
Croy's original conspiracy and assault convictions were also overturned. The
state decided not to appeal and Croy was freed in Mar. 2005. He had served
19 years in prison, 7 of them on death row. (Info)
[6/08] |
Hinsdale
County, CO |
Alferd Packer |
1874 |
Alferd
Packer was
convicted of murdering five prospectors he had guided into the mountains
during the winter of 1873-74 and who had become stranded there with him.
Packer contended that one day when he returned to camp after looking for
food, one of the prospectors, Shannon Bell, had killed the others and was
roasting a piece of meat he had cut out of leg of one of them. Bell then
attacked Packer with a hatchet and Packer shot Bell in self-defense. Packer
said he tried to find a way out of the mountains every day, but could not,
so he lived off the flesh of the dead men. Packer escaped execution on a
technicality. Under pressure from a campaign led by a Denver Post
columnist, Packer was granted a conditional parole in 1901 after 18 years in
prison. Modern forensics and the journal of a Civil War veteran who had
seen the bodies appear to confirm Packer's story. [6/05] |
Randolph
County, GA |
Lena Baker |
Apr 30, 1944 (Cuthbert) |
Lena Baker, a black woman, was
convicted of murdering Ernest B. Knight, a white grist mill owner.
After Knight hired Baker to care for him while he nursed a broken leg, a
sexual relationship developed between the two. Following Baker's
attempts to break off the relationship, Knight found her and forced her to
go with him. Baker managed to escape, but Knight found her again and
locked her in a gristmill. Later, according to Baker, during a tussle
between the two over a gun, the gun went off killing Knight.
In 1998 while
the director of a prisoner's rights group, John Cole Vodicka, was visiting
the Randolph County Courthouse, the Court Clerk asked him if he wanted to
look into Baker's case. The clerk gave him the court file, which included
the 10-page trial transcript. Vodicka later came into contact with a
great-nephew of Baker, and in 2003 helped in the filing of a pardon
application for her with the Georgia Board of Pardons and Paroles.
Vodicka expressed confidence that “almost any lawyer could have pled Lena
Baker not guilty by reason of self-defense.” The Board of Pardons and
Paroles apparently agreed with him and granted Baker a
posthumous pardon on Aug. 30, 2005. A 2001 book about the case was
published entitled The Lena Baker Story. (JD29
p8) [10/08] |
Orleans Parish, LA |
James Bunch |
June 19, 1981 |
James Bunch was sentenced to life imprisonment without parole for one count of murder. Bunch asserts he
acted in self-defense. (IIPPI) |
Jefferson
Davis County, MS |
Cory Maye |
Dec 26, 2001 (Prentiss) |
Cory Maye, a black man, was sentenced
to death for the murder of a white police officer. One night while the
21-year-old Maye was drifting off to sleep in front of a television, a
violent pounding on his front door awakened him. It sounded as though
someone was trying to break it down. He retrieved his handgun and went to
the bedroom where his 14-month-old daughter was sleeping and got down on the
floor next to the bed. He hoped the noises would go away, but they shifted
around to the back of the house, where after a loud crash, Maye's rear door
was violently flung open, nearly separating it from its hinges. After
someone kicked open the bedroom door, Maye fired three shots. The next
thing Maye heard is someone scream, “Police! Police! You just shot an
officer!” Maye then dropped his gun and surrendered. The shot officer, Ron
Jones, was wearing a bulletproof vest, but one of Maye's bullets hit him
just below the vest and proved fatal. Jones was the son of the town's
police chief.
Maye was
severely beaten after his arrest. Police denied this charge, but a press
photo shows him with a swollen black eye. Maye's family was prohibited from
seeing him for more than a week – long enough for his bruises to heal.
Police had raided Maye's duplex because a reputed drug dealer – a person
Maye had never met – lived in an adjoining half of the duplex. A
confidential informant said there were large stashes of marijuana in both
halves of the duplex. Only the remains of a smoked joint were found in
Maye's duplex. Maye had no criminal record and police did not know his name
prior to the drug raid. Maye's conviction has provoked outrage not only by
liberals concerned about racially charged Southern Justice, but also by
conservative supporters of the right to bear arms. Maye's death sentence
was overturned in Sept. 2006. (Reason) (DOC)
[4/07] |
Reynolds County, MO |
Joseph Huett |
Aug 1935 |
Joseph
Huett, a lawyer, was charged with the shooting murder of Raoul Hunter, a
sawmill worker. Along with Huett, Huett's wife and Lee Bowles, a
justice of the peace, had been present during the killing. At trial
Bowles testified that Huett killed Hunter without provocation because of a
long-standing political feud. The jury convicted Huett of manslaughter
and he was sentenced to five years of imprisonment. Seven months later
Bowles admitted he perjured himself because Hunter had been his friend and
“I hated Huett.” Hunter had actually been gunning for Huett who shot
him in self-defense. Shortly after Bowles' admission, Huett was
released from prison. (Not Guilty) (News
Article) [6/08] |
Bronx County, NY |
Georgino Borrero |
May 8, 1982 |
“Georgino Borrero, a [drug] store security guard, was convicted of criminally
negligent homicide in Bronx County on July 6, 1983, in the shooting death of
John Johnson. [The shooting occurred near the store located at 1500
Metropolitan Ave.] On appeal in 1986, the
Appellate Division found that,
after Johnson pulled a gun on him, Borrero had left the store to find a
police officer and fired only when Johnson advanced toward him with a gun
and assumed a ‘combat stance.’ The court found that Borrero had ‘acted
entirely reasonably.... [His] conduct was that of a responsible citizen.’
His conviction was reversed and the indictment dismissed.” –
Inevitable Error |
Columbus
County, NC |
Johnnie Beck |
Nov 24, 1995 |
Johnnie Beck, 18, used a hunting
rifle to shoot twice into the chest of Jeffery Watts, 19, in the parking lot
of a Whiteville Burger King. Watts had just stabbed Johnnie's twin, Ronnie
Beck, three times in the chest and once in the arm, just before turning on
Johnnie and slicing off his left thumb. Johnnie was charged with
second-degree murder as the state argued that the second shot was
premeditated murder, even though it was fired only one to two seconds after
the first. Watts happened to be a relative of state senator R.C. Soles.
There was a last minute change of judges before trial and the trial was
marked by jury tampering. The defense argued self-defense, but Beck was
convicted of second-degree murder and sentenced to a minimum of 10 years
imprisonment.
Beck was
released in June 2006 after the charge was reduced to manslaughter and he
was released with time served. Beck's father spent half-a-million dollars on
lawyers and investigators before successfully having his son's murder
conviction set-aside. (Blue
Line Radio) [3/07] |
Monroe County,
PA |
Michael Manning |
June 16, 1997 (Scotrun) |
Michael Manning was convicted of the
third-degree murder of Harry Burley Jr. Burley, 30, was fatally stabbed at
a Sunoco gas station on Route 611 in Scotrun. Burley was the boyfriend of
Manning's stepsister. On Route 611 Burley and his friend Tyrone Bass, 30,
were behind Manning in Bass's car, and after Manning, then age 27, stopped
for gas at the Sunoco, Bass and Burley pulled in behind him. At trial,
witnesses disputed events, but apparently Burley and Manning wrestled and
punched each other for nearly two minutes.
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|
Colleton
County, SC |
Michael Linder |
June 29, 1979 |
Michael
Linder was
sentenced to death for murdering Willie Peeples, a highway patrol officer. Linder contended
he acted in self-defense because the officer had groundlessly fired six
shots at him. At trial the prosecution presented expert witnesses who
testified that the officer never fired his gun. At a retrial the defense
secured previously undisclosed ballistics evidence from the state crime lab
and was able to prove that the officer had fired his gun and that the
prosecution's witnesses had distorted other evidence to make it appear that
Linder had been the aggressor. Linder was acquitted at his retrial and
released in 1981. (NY Times) [7/05] |
Pierce County,
WA |
Gary Benn |
Feb 10, 1988 (Puyallup) |
Gary Michael Benn was sentenced
to death for the shooting murders of his half-brother, Jack Dethlefsen, and
his half-brother's friend, Michael Nelson. The shootings occurred in
Dethlefsen's house. At trial Benn did not testify directly, but he made
statements to a third party who testified to his version of events.
According to this version, the killings were in self-defense. Benn's
version was reasonably corroborated by the position of the bodies relative
to the guns in the house. The killings were presumably not premeditated as
Benn did not use his own gun, but had left it in his car. Dethlefsen had a
reputation for violence.
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|
Alberta, Canada |
Richard McArthur |
Jan 24, 1986 |
Richard
McArthur was
convicted of the stabbing murder of a fellow inmate at the Drumheller
Penitentiary. Following McArthur's conviction he met
four witnesses in regard to the stabbing while serving time at the Edmonton
Institution. They informed him of what they knew about the stabbing,
explaining their earlier denial of knowledge to Drumheller investigators was
because they did not want to get involved. These witnesses supported
McArthur's contention that he killed the deceased in self-defence.
Three of these witnesses saw the deceased, armed with a knife, go to
McArthur's cell shortly before the stabbing incident. Based on this
new evidence, the Alberta Court of Appeal overturned his conviction.
Since McArthur had already served the minimum time for his conviction and
the crown did not wish to retry him, the Court also ordered his acquittal. (R.
v. McArthur) [8/09] |
Ontario, Canada |
Rodney Cain |
Apr 7, 1985 (Toronto) |
Rodney
Cain was
convicted of murdering Joel Willis outside an after-hours club located at
566 St. Clair Ave. West in Toronto. Cain's conviction
was overturned in May 2004 because of new evidence that strongly suggested
Cain acted in self-defence. Cain is currently free on bail while a court
decides whether to order a new trial or exonerate him. (Canoe)
(R.
v. Cain, 2006) (The
Star)
[12/05] |
|