Nov. 25
PENNSYLVANIA:
Bomar is 1 step closer to death: Aimee Willard's killer loses latest bid to
escape execution----Arthur Bomar Jr. was convicted in 1998 and sentenced to
death for the brutal murder of Aimee Willard, a 22-year-old star athlete from
Brookhaven.
On the eve of returning to the North Philadelphia neighborhood where her slain
22-year-old daughter's body was found to serve an early Thanksgiving dinner to
those in need, Gail Willard learned the Supreme Court of Pennsylvania rejected
the death-row killer's latest appeal.
It was about 5 p.m. Friday when Willard received a telephone call from Delaware
County Assistant District Attorney William Toal III, who handled the appeal.
While she was pleased to hear the news and is grateful to all who continue
pursuing justice since her daughter, Aimee Willard, met a tragic end in June
1996, the straightforward mother said Monday that she has no time for Arthur
Bomar. "I don't even give him a thought," Gail Willard said. "The main thing is
they upheld it."
Delaware County District Attorney Jack Whelan said that with the latest
opinion, Bomar has now exhausted his appeals at the state level.
Before Bomar can pursue any appeal at the federal level, which is expected,
Whelan said the warrant for his death must be signed, either by Gov. Tom
Corbett or the secretary of the Department of Corrections.
According to Whelan, they have 90 days within the transmission of the latest
court record to the governor's office to sign the death warrant.
"I believe Arthur Bomar is pure evil and we are going to pursue the death
penalty on the state level and fight any appeals on the federal level," Whelan
said.
At the time of her death, Aimee Willard was a star lacrosse player at George
Mason University, studying physical education and dreaming of coaching high
school sports. She was the youngest of 3 children of Gail Willard, a nurse, and
retired Chester Police Sgt. Paul Willard.
Based on evidence presented at trial and upheld on appeal, Bomar stalked and
abducted Aimee Willard at the Springfield exit of Interstate 476 onto the Media
Bypass as she was en route home to Brookhaven on June 19-20, 1996, after a
night out with friends. Bomar dumped her body in a trash-strewn lot at 16th
Street and Indiana Avenue in North Philadelphia.
Aimee's murder remained unsolved until June 5, 1997, when Bomar was arrested on
an outstanding warrant for a parole violation from a prior 2nd-degree murder
conviction in Las Vegas, Nev. During questioning about Willard, he told
Pennsylvania State Police he had been at the same bar as Willard on the night
of her murder; that he drove a 1993 Ford Escort until March 1997, the tires of
which matched impressions from the murder scene; and that he frequently
traveled Interstate 476.
Additionally, Bomar's then-girlfriend told troopers that he confessed to
murdering Willard - flashing a fake police badge when he stopped her on
Interstate 476. Bomar's ex-brother-in-law, who was incarcerated in federal
prison for unrelated offenses at the time, offered to assist in the
investigation and was transferred to the cellblock in Montgomery County where
Bomar was initially incarcerated to eaves drop on Bomar, who made several
incriminating statements.
Bomar was additionally tied to Willard's death by DNA evidence.
In October 1998, Bomar was convicted on charges of 1st-degree murder,
kidnapping, aggravated assault, rape and abuse of corpse, and was formally
sentenced to death by legal injection. He remains in custody at SCI Greene.
Bomar's 1st post-sentence appeal, raising claims of ineffective trial counsel,
was filed in January 1999, and later denied on lack of merit.
"That's the problem with a death-penalty case. It goes through so many years of
appeals, on so many levels," Whelan said Monday.
Bomar's attorneys with the Federal Community Defender Office of Philadelphia
filed the petition with the Pennsylvania Supreme Court in April 2013, seeking
relief under the Post-Conviction Relief Act. The appeal followed an order
entered in March 2012 by Delaware County Common Pleas Judge Frank T. Hazel
rejecting 22 claims by Bomar that included prosecutorial misconduct, improper
testing of DNA evidence, and inappropriate jury conduct.
Similarly, 9 claims were examined and dismissed by Supreme Court Justices
Thomas G. Saylor, J. Michael Eakin, Max Baer and Correale F. Stevens, with a
concurring opinion filed by Chief Justice Ron Castille, according to the latest
opinion, released Friday.
"We affirm the order of the PCRA court dismissing all of the appellant's
claims," the 57-page opinion concludes.
Among Bomar's claims for relief: Prosecutorial misconduct; incompetency of
Bomar to stand trial; ineffective counsel at both trial and penalty phase;
unreliable forensic evidence; tainted jury; improper excuse of 7 potential
jurors who philosophically opposed death sentence; and a violation of Bomar's
Sixth Amendment rights when his ex-brother-in-law served as listening post for
authorities.
For Gail Willard, returning to North Philadelphia to serve holiday dinner at
the HERO community center on North 17th Street was a humbling experience.
Joining Gail on Saturday was her husband, Tom Price, her sister, Sr. Nancy
Bonshock, and a cousin, Eileen Evans. They helped to serve about 125 meals.
"It's almost an honor to be able to serve them. It really is," Gail Willard
said. "This is a credit to Aimee and to those who reached out to her ... I
continue to reach out to them."
(source: delcotimes.com)
DELAWARE:
Book might make you rethink the death penalty
Recently, my wife and I stayed at a bed and breakfast in Pennsylvania. The next
morning at breakfast, while talking with friends from Delaware, we met a man
who was taking his niece to various colleges in the region.
It turned out the man was a lawyer who had worked on death penalty cases. As
you may know, Milton native and Cape Henlopen graduate Bryan Stevenson is one
of the best-known death penalty lawyers in the country.
Stevenson heads the Equal Justice Initiative in Montgomery, Ala. He has argued
before the Supreme Court. He recently appeared on "The Daily Show" with Jon
Stewart to discuss his new book, "Just Mercy: A Story of Justice and
Redemption."
So I said, "You must have heard of Bryan Stevenson."
He hadn't just heard of him. He knew him well. Had worked with him for 10
years, played basketball with him. He considered himself a pretty good
ballplayer, but he said Bryan was better.
(I played some soccer with Bryan. He was better than me, too.)
"Well," I said, "Bryan comes back to Delaware sometimes; what's your name in
case I see him? I'll tell him I met you."
"Flood," he said. "Joe Flood."
My long-lost Cousin Joe!
Flood isn't an extremely uncommon name, but I don???t recall actually meeting a
Flood who wasn't a relative. (No, he's not a cousin, at least not a close one.)
As it happens, the Delaware Legislature may be revisiting the death penalty
issue. Last session a death penalty repeal bill squeaked through the state
Senate 11-10, with Sen. Ernie Lopez, R-Lewes, voting yes.
It wasn't the party-line vote you might expect. Sen. Bob Venables, a Laurel
Democrat who lost this year to Republican Bryant Richardson, voted against the
bill. It never made it out of the House Judiciary Committee.
Recent town meetings in Middletown and Dover, sponsored by groups such as the
ACLU and NAACP, have attempted to draw attention to the issue. Police officers
from outside Delaware who favor repeal were invited to speak.
I thought about Delaware's law recently while Helen and I listened to a
recording of John Grisham's "An Innocent Man: Murder and Injustice in a Small
Town."
Grisham - far better known for his fictional legal thrillers - does a masterful
job telling the true story of Ron Williamson, a high school baseball standout
whose dreams of big league stardom collide with the limits of his talent. He
winds up a drunk and a ne'er-do-well, talking up his glory days at the local
bars.
But after a young woman is raped and murdered, he makes a handy suspect. A
horrible crime has been committed, and the community demands justice. Only in
this case, it's injustice.
Despite a complete lack of physical evidence, Williamson and a friend, Dennis
Fritz, are convicted of murder and sent to death row. Grisham also tells of 3
other Oklahoma men convicted of murder on the flimsiest evidence imaginable.
Williamson and Fritz are eventually exonerated, but only after 18 years on
death row. Williamson once came within 5 days of his execution.
Amazingly, the 1 and only witness who testified to seeing Williamson at a bar
with the murdered woman is the man later convicted of the crime.
It's hard to believe how badly police and prosecutors bungled the case. I
honestly don't understand how anyone could read this book and not decide the
death penalty should be repealed.
I realize not all people would be swayed. After all, this case happened in
Oklahoma. We live in Delaware. We have a system of criminal justice here that
doesn't allow that kind of mistake.
As if the citizens of Delaware have been granted a divine power to ascertain a
man's guilt. That's not even a serious argument, but I've had someone tell me
that with a straight face.
Pete Schwartzkopf, D-Rehoboth, a retired state trooper, was quoted in the News
Journal saying the death penalty should be retained for those convicted of
killing a police or correctional officer.
But that just highlights the capriciousness of the death penalty. Is killing a
police officer worse than murdering a 2-year-old toddler?
Why are you more likely to get the death penalty if you murder a white person
instead of a black person?
Is it fair that people with the wherewithal to hire the best lawyers
effectively don't face the death penalty?
And, finally, mistakes happen. Even in Delaware.
(source: Don Flood, capegazette.com)
MARYLAND:
Governor May Commmute Last 4 Death Row Sentences
There are reports that Governor Martin O'Malley is considering commuting death
sentences for Maryland's 4 death row inmates. The governor has reached out to
victims' family members in the cases. Some are begging him to leave the
convicted killers on death row.
Meghan McCorkell has more from the families.
The state of Maryland repealed the death penalty last year but that did not
include the 4 inmates that currently sit on death row.
On death row for nearly 20 years, Heath Burch confessed to killing Mary Francis
Moore's father and stepmother.
"If you take a life, you should give your life up," she said.
But, in 2006, a Court of Appeals struck down Maryland's lethal injection
procedures. Since he can't be executed, the governor is now considering
commuting Burch's sentence to life in prison. Monday, Moore asked him not to.
"I said something about 'I think that I would like to see you not sign anything
and let this go back to the court,'" she said.
But that's what the family of murder victim Edward Atkinson is trying to avoid.
In 1997, the Wicomico County man was shot to death on the side of a road by
Jody Lee Miles. Miles is now appealing his death penalty conviction. Atkinson's
mother says she can't take another court battle.
"No other family should have to go through what we have been through," said
Dottie Atkinson.
She wants the governor to intervene.
2 of the other death row inmates were convicted in a double murder in Baltimore
County. They've sat on death row for more than 3 decades.
Drug kingpin Anthony Grandison ordered Vernon Evans to gun down two federal
witnesses in the lobby of a Pikesville hotel in 1983. Baltimore County State's
Attorney Scott Shellenberger argues death row is where they belong.
"These cases were incredibly heinous. I believe that their death sentences
should remain in effect," he said.
Now the decision is in the governor's hands.
Moore says the governor did not indicate to her what he plans to do.
Miles' conviction appeal will go in front of a court next month. The attorney
general is recommending the court vacate his sentence.
(source: CBS news)
NORTH CAROLINA:
Witness says he 'was in shock' after seeing Harris shot to death
An eyewitness to the killing of 19-year-old Kyle Harris testified in Cumberland
County Superior Court Monday afternoon that he was in shock immediately after
the murder during an armed robbery of the Cumberland Pawn Shop 4 years ago.
Sean Collins, 22, and an Army specialist, was working at the Grove Street
business on the day of the murder on Nov. 6, 2010. Monday marked his 2nd day of
testimony in the case, where Cedric Theodis Hobbs Jr., 33, is charged with
1st-degree murder, armed robbery and kidnapping.
If convicted of murder, Hobbs could face the death penalty.
"I was in shock. I was really freaking out," Collins testified under the
questioning of prosecutor Rita Cox.
When Cox asked him why, Collins replied, "I just watched a really good friend
of mine get shot. He was unresponsive."
The questioning came as Assistant District Attorney Cox screened video footage
from the afternoon of the shooting from the store's video surveillance system
for jury members to watch. It was a system that Harris installed only weeks
before the shooting, according to testimony.
Harris, a 2009 graduate of Cape Fear High School, had been working at the store
as a clerk on the weekends to help out the family and pay his way through
college.
Hobbs, 33, has admitted to Superior Court Judge Robert Floyd Jr. that he shot
and killed Harris and robbed the pawn shop. And while his legal team admits
that its client "committed to the acts involved," his lawyers told Floyd that
he does not admit "to mental intent."
Murder by premeditation and deliberation and robbery are specific intent
crimes, according to state law. Through his doctors, the defense is saying
Hobbs had diminished mental capacity and did not form the specific intent
required to commit the crimes of murder and robbery.
Floyd dismissed an alternate juror Monday after defense lawyers questioned
whether the juror could remain objective to the evidence presented in the
Harris case.
Earlier in the day, the court learned that the man had dropped by a friend's
house on the way to court and discovered his friend was dead. Floyd recessed
the proceedings until 2:15 p.m. Monday.
"You think you've heard everything," defense lawyer Steve Freedman quipped.
After reconvening in the courtroom, Floyd had the juror came out alone to
question him. The man said investigators had already talked to him earlier in
the day.
"As far as me," he told Floyd, "they're done."
Freedman wasn't satisfied.
The judge gave him permission to also question the juror. Freedman then told
Floyd that he would ask the court to allow him to use one of the defense's
peremptory challenges to release the juror. Freedman spoke of a potential
conflict, since the death of the juror's friend was under investigation by the
Fayetteville Police Department, just as the Harris case had been.
"How is that going to affect you?" Freedman asked the juror.
"Like I said," the man answered, "it's 2 separate incidents."
Floyd then asked the state for its position, and Cox said the state wanted the
juror to remain on the jury.
Also Monday, a different juror told Floyd he's experiencing problems at work in
conjunction with his jury duty. The man, who is a restaurant manager, said if
he doesn't work "a full number of hours," the company he works for may put him
on an unpaid leave of absence.
His wife is a teacher, the juror said, and it would create a financial hardship
for the family if he's not paid at work.
"This is our Christmas paycheck now we're working on," he said.
Floyd told him that he understood his dilemma, but he asked the juror to stay
on the jury.
(source: Fayetteville Observer)
FLORIDA----new execution date
Gov. Scott Signs Death Warrant For Johnny Shane Kormondy
Gov. Rick Scott on Monday signed a death warrant for a man found guilty of
committing 2st-degree murder and sexual battery during a home-invasion robbery
in 1993 in Escambia County.
Scott signed the warrant for Johnny Shane Kormondy, 42, to die by lethal
injection on Jan. 15.
The execution will be the 21st since Scott took office in January 2011,
equaling the number overseen by former Gov. Jeb Bush, which is the most for any
Florida governor since the death penalty was reinstated in 1976.
Kormondy was found guilty in 1994 in the death of Gary McAdams, who was shot in
the back of the head during a home-invasion robbery. McAdams and his wife, who
was raped during the attack, had returned home from a high-school reunion when
confronted at the front door by Kormondy and his 2 accomplices.
According to a release from the governor's office accompanying the death
warrant, Kormondy was the leader of the attack, recruiting the accomplices,
providing transportation and casing the McAdams' neighborhood.
Kormondy's accomplices, Curtis Buffkin and James Hazen, received life
sentences. Law enforcement was able to close the case when a person to whom
Kormondy confessed went to police seeking a $50,000 reward for information. The
robbers reportedly left the house with $20.
Kormondy also threatened to kill witnesses who testified at his trial,
including Mrs. McAdams, if he were ever released.
The execution date has been set for Thursday, January 15, 2014, at 6 p.m.
Johnny Shane Kormondy
DOB: 05/20/72
Sentencing Judge: The Honorable Joseph Q. Tarbuck
Attorneys, Trial: T. Stitt & R. Davis - Assistant Public Defenders
Attorney, Trial (Resentencing): Glenn Arnold - Private
Attorney, Direct Appeal: Chet Kaufman - Assistant Public Defender
Attorney, Direct Appeals (Resentencing): Chet Kaufman - Assistant Public
Defender
Attorney, Collateral Appeals: Michael Reiter - Registry
Date of Offense: 07/11/93
Date of Sentence: 10/7/94
Date of Resentencing: 07/07/99
Circumstances of Offense:
Kormondy was convicted of the murder of Gary McAdams, which occurred on
07/11/93.
In the early morning hours of 07/11/93, the victims, Gary McAdams and his wife
Cecilia McAdams, had returned from a high school reunion. They heard a knock at
their door.
When Mr. McAdams opened the door, Curtis Buffkin was on the other side holding
a gun. Buffkin forced his way into the house and ordered the McAdams to get
down on the kitchen floor and keep their heads down.
James Hazen and Johnny Kormondy then entered the house. Both Kormondy and Hazen
had socks on their hands. After the 3 men took personal valuables from the
McAdams, the phones were disconnected from the wall and the blinds were closed.
At this point, one of the men took Mrs. McAdams to a bedroom in the back and
forced her at gunpoint to remove her dress and to perform oral sex on him.
One of the other men, described as having sandy-colored hair that hung down to
his collar bone, entered the room and proceeded to rape Mrs. McAdams while the
1st man forced her to perform oral sex on him again.
After she was taken to the kitchen, naked, and placed with her husband, one of
the men took her back to the bedroom and raped her again. While he was raping
her, a gunshot was fired in the front of the house.
Mrs. McAdams heard one of the men yell for "Bubba" or "Buff", and the man
raping her stopped and ran to the front of the house. Mrs. McAdams left the
bedroom and was walking towards the front of the house when she heard a gunshot
from the bedroom. When she entered the kitchen, she saw Mr. McAdams on the
floor with blood coming from the back of his head.
After the murder, Kormondy's wife asked him to leave the family home. Kormondy
left and moved in with Willie Long. Kormondy confessed to Long about the murder
and admitted that he had shot Mr. McAdams but, explained it had gone off
accidentally. Long went to the police because of the $50,000 reward for
information.
During the trial, the medical examiner testified that Mr. McAdams' death was
caused by a contact gunshot wound, meaning the barrel of the gun was pressed to
Mr. McAdams' head.
Codefendant Information:
Curtis Buffkin (DC# 103884)
Buffkin was sentenced to life for his participation in the offense that
occurred on 07/11/93 (CC# 93-3302).
James Hazen (DC# 391126)
Hazen was sentenced to life for his participation in the offense that occurred
on 07/11/93 (CC# 93-3302).
Additional Information:
Kormondy, Hazen, and Buffkin were indicted on 07/27/93 and tried separately.
Buffkin was offered a plea bargain by the State in return for assistance in the
prosecution of Hazen and Kormondy.
The trial records are inconsistent as to the location of Hazen and Buffkin at
the time of Mr. McAdams shooting. During Kormondy's trial, Mrs. McAdams
testified that Buffkin was with her in the bedroom when the shot was fired.
In testimony given by Officer Hall, Kormondy told him in an unrecorded
statement that Buffkin fired the fatal shot and that Hazen was in the bedroom
with Mrs. McAdams. In a confession recorded for the jury, Kormondy stated again
that it was Buffkin who fired the fatal shot.
During Hazen's trial, Buffkin testified that Kormondy fired the fatal shot, and
that Hazen was in the bedroom with Mrs. McAdams. Hazen testified that he was
not present at the scene when the crimes occurred.
Trial Summary:
07/27/93 - Indicted as follows:
Count I: Capital Murder
Count II: Sexual Battery
Count III: Sexual Battery
Count IV: Sexual Battery
Count V: Assault or Battery during Burglary
Count VI: Robbery with a Firearm or Weapon
07/07/94 - Jury returned guilty verdicts on all counts of the indictment.
07/09/94 - Jury recommended death by a vote of 8-4.
10/07/94 - Sentenced as follows:
Count I: Capital Murder - Death
Count II: Sexual Battery - Life
Count III: Sexual Battery - Life
Count IV: Sexual Battery - Life
Count V: Assault or Battery during Burglary - Life
Count VI: Robbery with a Firearm or Weapon - Life
10/09/97 - Florida Supreme Court remanded death sentence for new sentencing
phase.
07/07/99 - At resentencing jury recommended death by a vote of 8-4.
Case Information:
On 11/15/94 Kormondy filed his Direct Appeal to the Florida Supreme Court. The
Court found that the admission of cross-examination testimony from a
co-perpetrator during the penalty phase was reversible error.
On 10/09/97, the Court affirmed his conviction but remanded his sentence for
resentencing.
On 08/05/99 Kormondy filed his Direct Appeal for resentencing to the Florida
Supreme Court. The Court found that Kormondy's death sentence was not
disproportionate to the crime.
The Court also found that the trial court did not ignore mitigating factors
when imposing the death sentence, the limitation of cross-examination of Mrs.
McAdams was not abuse of discretion, and that the admission of victim impact
testimony was not fundamental error. On 02/13/03, the Court affirmed Kormondy's
sentence.
Kormondy filed a Petition for Writ of Certiorari to the United States Supreme
Court on 07/28/03, which was denied on 10/14/03.
On 08/30/04, Kormondy filed a 3.851 Motion to the Circuit Court, which was
denied on 06/20/05.
On 07/06/05, Kormondy filed a 3.851 Appeal to the Florida Supreme Court, which
is currently pending.
Kormondy filed a Petition for Writ of Habeas Corpus to the Florida Supreme
Court, which is also pending.
FloridaCapitalCases.state.fl.us
(source: Space Coast Daily)
*********************
DEATH WARRANT!
Gov. Scott has ordered the "People of the State of Florida" to kill Johnny
Shane Kormondy on Thursday, January 15 at 6pm ET. Kormondy was sentenced to
death for the killing of Gary McAdams of Pensacola 21 years ago. This would be
the 21st execution of a well-secured, captive prisoner ordered by Richard Lynn
Scott.
Florida continues the premeditated, unnecessary, and experimental killing of
captive prisoners. Richard Lynn Scott is responsible for 20 executions thus far
and he still has 4 years left as governor.
Please contact Gov. Rick Scott and ask him to suspend ALL executions.
Governor Rick Scott:
Phone: (850) 488-7146
Email: rick.sc...@eog.myflorida.com
(source: FADP)
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