Brian Keith Baldwin Z-357

Address

Holman Unit, Atmore AL /Deceased

Date of Birth

July 16, 1958

Race

Black

Date of Crime

March 14, 1977

Age at Time of Crime

18

Date Sentenced

August 8, 1977

Victim(s)

Naomi Rolon, age 16

Relationship to Defendant

Picked up defendant and companion hitchhiking in North Carolina 3 days prior to murder in Alabama

Facts Alleged by State

Murder/stab wounds and cut throat, presumably with axe or hatchet; robbery of car

County of Trial

Monroe County AL

Trial Judge

Robert E. Lee Key

Trial Attorney

Windell Owens

Prosecutor(s)

Theodore Pearson

Trial By

Jury

Race of Jurors

All White

Convicted of

Capital murder; robbery of auto

Confession

Yes/coerced

Accomplice Testimony

Not at original trial

Eyewitness Testimony

No

Forensic Testimony

· Fingerprints in victim’s car

· Semen present (but rape not charged)

· No blood on Baldwin’s clothes or shoes

Jailhouse Snitch

No

Defendant Testimony

· Coerced confessions both signed and taped

· On stand at trial, Baldwin denied having made a voluntary confession

Principal Exculpatory Evidence

· No fingerprints on murder weapon

· No blood on clothes or shoes

· Forensic pathologist report that wounds were inflicted by left-handed person; Baldwin was right-handed. (Not available at trial; presented in 1999 investigation.)

Sentencing Authority

Jury, subject to judge override

Statutory Aggravating Factor

Robbery of car

Non-Statutory Aggravating Factor

None

Mitigating Factors

None presented except age

Mental Illness, retardation or neurological damage

No

Criminal History

· Escaped from youth detention center in North Carolina; car theft offenses

· Concurrent conviction for stealing car in Camden, AL just before the murder

Appellate History

· George Elbrecht (Monroeville) B appeals Judge Key (Mobile) B coram nobis

· Michael McIntyre (Atlanta) Federal Habeas (404-688-0900)

Ineffective Assistance?

· Attorney only met with Baldwin for total of 20 minutes before trial

· No investigation (judge denied funds) and no witnesses called

· No presentation of exculpatory evidence in forensic report

· Parents not informed of his whereabouts

· No challenge to striking Blacks from jury

· No challenge to Judge referring to Baldwin as "boy"

· No challenge to Baldwin being in handcuffs and shackles during jury selection, in view of prospective jurors

Police Misconduct?

· Torture during interrogation by beatings, probable use of cattle prod

· Probable denial of right to counsel prior to interrogation

(During 1999 investigation, three witnesses attested to having seen bruises on Baldwin's back and legs following interrogation. A former Deputy Sheriff signed an affidavit and gave a video-taped deposition attesting to presence of a cattle prod in the jail where Baldwin was questioned, and to having been present when Baldwin was beaten during the interrogation. Deputy also signed an affidavit attesting to having falsely signed a statement saying he had witnessed Baldwin's signature to a waiver of his right to counsel. This Deputy, who had been the first Black appointed as Deputy Sheriff in the county, later retracted his testimony regarding the beatings in a private interview with the Governor of Alabama)

Prosecutorial Misconduct?

· Rape implied, although no charge of rape was ever brought

· Racist practice in striking all Blacks from jury

· Failure to provide a complete trial transcript

(State claimed transcript had been lost in a flood, and denied existence of tapes; later an incomplete transcript was found and furnished. During investigation in 1999, tapes were discovered, and found to differ from the transcript provided.)

Newly Discovered Exculpatory Evidence?

· Forensic pathologist signed affidavit based on crime-scene photos stating fatal wounds had been inflicted by a left-handed person. Baldwin was right-handed.

Failure of Judicial Process?

· Change of venue denied despite intense pre-trial publicity

· Newly discovered exculpatory evidence and evidence of police misconduct denied fair presentation in appeal process

· All physical evidence which could have furnished relevant DNA evidence was lost or destroyed (discovered in 1999 investigation).

Appellate Counsel

George Elbrecht of Monroeville, AL

Name/DOC #

Freddie Lee Wright

Address

Holman Prison/deceased

Date of Birth

April 29, 1951

Race

Black

Date of Crime

December 1, 1977

Age Time of Crime

26

Date Sentenced

July 1979

Victims

Warren and Lois Green

Race of Victims

White

Relationship to Defendant

None

Summary of Facts Alleged by State

Robbery of Western auto store; victims tied up and shot and killed

County of Trial

Mobile

Trial Judge

William Bolling

Trial Attorney

Al Pennington, Mobile Alabama

Prosecutors

Originally Charles Graddick (did investigation); Chris Galanos tried case with Neil Hanley.

Trial By

Jury

Race of Jurors

1^st trial: mixed (11 to 1 for acquittal); 2^nd trial: all White

Convicted of

Capital murder

Confession

Alleged partial confession to Detective Cookie Estes

Accomplice Testimony

Yes: Percy Craig, Roger McQueen, and Reginald Tinsley–co-defendants

Eyewitness Testimony

Yes: Mary Johnson, of Mt. Vernon, AL saw a man entering Western Auto as she left; She identified him and the car. The man was Theodore Otis Roberts.

Forensic Testimony

No fingerprints of Wright; found fingerprints of McQueen

Jailhouse Snitch

No

Defendant Testimony

No

Principal Exculpatory Evidence

Alibi

Sentencing Authority

Jury with possibility of override by judge

Statutory Aggravating Factor

Robbery

Non-Statutory Aggravating Factor

Previous record and incarceration

Mitigating Factors

No father; mother died when he was 13; he was a follower; not a violent person

Evidence of Mental Illness Retardation and or Neurological Damage

No

Criminal History

Yes: juvenile record, various convictions for robbery, served some time

Appellate History

All appeals denied. See dissent by Justice Johnstone from AL Supreme Ct. ruling, March 2000.

Ineffective Assistance?

· Original arrest of Theodore Otis Roberts allowed to be suppressed from use in Trial.

· Failure to find alibi witnesses

· Failure to object to all white jury

· Failure to Question credibility of star witness in 2^nd trial

Police Misconduct?

· Coerced confessions from McQueen, Tinsley, and Craig and deals made.

· Officer Larry Tillman obtained statements from McQueen

Prosecutorial Misconduct?

See above. McQueen and Tinsley claim that DA Galanos and Detective Tillman told them what they had to say.

Appellate Counsel

Brian McDonough (NY) handled all others

Name/DOC #

James Adams

Address

Florida State Prison/deceased

Date of Birth

May 30, 1936

Race

Black

Date of Crime

November 12, 1973, Ft. Pierce, FL

Age Time of Crime

37

Date Sentenced

March 15, 1974

Victims

Edgar Brown

Race of Victims

White

Relationship to Defendant

Did some work for him

Summary of Facts Alleged by State

Adams entered victim’s home to rob him and when Brown returned, he bludgeoned him to death with a fire poker

County of Trial

St. Lucie

Trial Judge

Wallace Sample

Trial Attorney

N. Richard Schopp, Port. St. Lucie, FL and Bruce Wilkinson, Stuart, FL

Prosecutors

R. N. Koblegard, Raymond E. Ford

Trial By

Jury voted 7-5 for death penalty

Race of Jurors

White-all male

Convicted of

Capital murder

Confession

No, always claimed innocence

Accomplice Testimony

No

Eyewitness Testimony

Yes: Foy Hortman spoke with person leaving house where murder committed; viewed lineup and stated "not Adams"

Forensic Testimony

Hairs found in victim’s hand were not from Adams

Jailhouse Snitch

No

Defendant Testimony

Yes: maintained innocence

Principal Exculpatory Evidence

Alibi, playing cards at friend’s house; hair in hand of victim not his

Sentencing Authority

Jury; judge had override

Statutory Aggravating Factor

Previous (unconstitutional) conviction for rape of a white woman in TN in 1962

Non-Statutory Aggravating Factor

Race

Mitigating Factors

12^th of 14 children in family of impoverished sharecroppers; no witnesses called by defense in penalty phase

Mental Retardation or Neurological Damage

No

Criminal History

Previous conviction for rape of white woman in TN; conviction for stealing a pig in 1976, had no counsel

Appellate History

· 1976 FL Supreme Court affirmed conviction and death sentence; USSC refused to intervene and to reconsider decision, 2977; 1978 FL Supreme Court denied relief on info not known to defense;1978 U.S. supreme Court would not intervene;1978 Petition for rehearing–U.S Supreme court invited State to respond but denied petition in 1979

· 1980 Gov. Graham signed death warrant; PCR denied

· 1980 FL Supreme Court affirmed above; Fed. District Court granted stay; writ denied; 1983,11^th Circuit Ct. of Appeals affirmed; Jan. and Feb.

· 1984 U.S. Supreme Court refused to review or reconsider; April 12, 1984 2^nd death warrant

· Supreme Court, U.S. District Court. denied relief; May 8, 1984 11^th Circuit granted stay on racial Disparities; vacated by U.S. Supreme Court-Blackmun, Brennan, Marshall, & Stevens dissented.

Ineffective Assistance?

Yes

Police Misconduct?

Unknown

Prosecutorial Misconduct?

Suppression of forensics on hair in hand of victim until 3 days after sentencing

Appellate Counsel

Richard Burr and Craig Barnard

Name/DOC #

020285

Address

Florida State Prison

Date of birth

October 12, 1945

Race

White

Date of crime

February 20, 1976

Age at time of crime

29

Date sentenced

May 20, 1976

Victims

Highway Patrolman Phillip Black & Canadian Constable Donald Irwin

Race of victims

White

Relationship to defendant

No relationship

Summary of facts as alleged by state

See attached summary

County where tried

Broward County Florida

Trial Judge

Futch was a former highway patrolman.

Trial attorney

After Tafero’s trial, McCain was disbarred. He was convicted of obstruction of justice for bribing a witness in another case and for narcotics conspiracy.

Prosecutors

· Satz was an assistant DA at the time of the trial

· A day after securing death penalty convictions against Tafero and his co-defendant Sonia Jacobs, Satz announced he was running for DA. Elected largely on this high profile case.

· Satz easily won the election and has been State’s Attorney in Broward County since 1976.

· In November 2000, for the first time in Satz’s career, someone is running against him.

Trial by

Jury

Race of jurors

White

Convicted of

· Theory was that they killed the police so they could steal the trooper’s gun and trooper’s car for getaway.

· It is unclear whether Tafero was convicted on felony murder theory or because jury believed he was the triggerman.

Confession

No

Accomplice testimony

The co-defendant, Walter Norman Rhodes, took a plea bargain for 2^nd Degree Murder in exchange for his testimony against Jesse Tafero and Sonia Jacobs.

Eyewitness testimony

Two truck drivers watched the drama unfold from a distance of 150 to 200 feet away. ( Pierce Hyman and Robert McKenzie.) Neither truck driver could say who the shooter was, but both said in their first statements to the police that Tafero was pinned over the hood of the car during all the shots. Hyman’s story changed slightly only after several discussions with the police. He then said Tafero might have gotten up off the hood of the car before the shooting stopped, but almost when it was over. Both truck drivers saw slightly different things, the most significant being where co-defendant Walter Rhodes was standing. Hyman said Rhodes was always standing in front of the car. McKenzie said Rhodes moved to the rear of the car as the shots were fired. McKenzie’s statement was very significant because the shooter, according to ballistics evidence, had to have shot from the rear of the car. The reason Hyman thought Rhodes never moved from the front of the car is because McKenzie moved his truck toward the exit blocking Hyman’s view of the scene at the exact time Rhodes moved to the back of the car. In Rhodes’ 1982 recantation, he swore under oath he moved from the front to the back of the car and fired at the two cops.

Forensic testimony

· When Tafero was apprehended, he had the murder weapon in his possession.

· Ballistics proved this gun killed both police officers.

· Rhodes had a matching 9mm gun. A bullet hole in the windshield post of the trooper’s car determined that the shooter was at the rear of the Camaro when firing.

· Gun powder tests done on Walter Rhodes, Jesse Tafero and Sonia Jacobs resulted in the following findings:

o Walter Rhodes – gunpowder residue found consistent with "having discharged a weapon."

o Jesse Tafero – gunpowder residue found consistent with "handling an unclean or recently discharged weapon, or possibly discharging a weapon."

o Sonia Jacobs – residue found consistent with "having handled an unclean or recently discharged weapon." Jacobs’s 9 year old son had the same result as she.

Jailhouse snitch

· Ellis Marlowe Haskew testified at trial that he heard Tafero say at a New Year’s Eve party 5 weeks before the murders that he would never go back to prison, and that he owned a lot of guns.

· The fact that Haskew was at that time testifying in many federal drug cases was not disclosed; the fact that Haskew’s lawyer’s fees were paid by the Florida Department of Criminal Law Enforcement was not disclosed.

· When this snitch was named only on the first day of trial, Defense counsel asked for a continuance to investigate Haskew’s background and claims but Judge Futch denied request.

· Defense counsel only had 30 minutes to interview snitch before his testimony.

· In Sonia Jacobs’ trial the DA also used a jailhouse snitch who testified that Jacobs confessed to her that she killed the police and would do it again.

· The snitch was released from jail in exchange for her testimony.

· Years later, the snitch recanted her testimony and went on national television to apologize to Jacobs

· She also said the DA knew she was lying.

Co-Defendant testimony

· Star witness Walter Rhodes testified at both Tafero’s and Jacobs’s trials in exchange for a plea to second-degree murder, escaping the capital charge.

· He said Jacobs fired first from the back seat of the car

· He then said Tafero got away from the officer holding him, grabbed the gun from Jacobs and shot the two police officers.

Principal exculpatory evidence

· Both eyewitnesses said in their first statement to the police that Tafero was held over the hood of the police car while all the shots were fired.

· Jesse did not have enough gunpowder on his hands to prove conclusively he fired a gun.

· Hyman saw Rhodes move from the front to the back of the car to put him into position for shooting the police officers, directly contradicting his trial testimony.

· Rhodes confessed to the murders at three different times: in 1977, in 1979 and in 1982.

· All three recantations became public.

· In 1977, Rhodes bragged to two inmates that he alone committed the double murder.

· A prison guard named Jowers overheard the confession.

· Jowers gave a formal statement to the prosecutor’s investigator, but that statement was never turned over to Tafero’s lawyers.

· The prosecutor said he relied on a polygraph in giving Rhodes a plea bargain to second-degree murder.

· Later, three polygraph experts confirmed that Rhodes did not pass the polygraph and one said it was the most botched test he had ever seen.

· A Brady violation in Jacobs’s case reversed her conviction because the prosecutor failed to turn over the polygraph summary report.

· Star witness Rhodes said to the polygraph examiner that he did not think Sonia fired at all, directly contradicting his trial testimony where he said she fired first and handed the gun to Tafero

Sentencing authority

Judge – according to Florida Statutes.

Statutory aggravating factor

· Found crime to be especially heinous, atrocious or cruel.

· Used the statutory factor that defendant knowingly created a great risk of death to many persons (based on the kidnapping and running of a roadblock after the murders.)

· Judge used Tafero’s prior conviction for violent crimes.

· Judge found the killings were done to avoid arrest (and be returned to prison as both Tafero and Rhodes were on parole) and to hinder the enforcement of laws.

· Judge found murders were committed by a person under sentence of imprisonment (judge used the fact Tafero was on parole).

Non-statutory factors in aggravation

Mitigating factors

· The penalty phase consisted of a 30-second closing statement by Attorney McCain insulting the jury. See below in "Ineffective Assistance of counsel" section.

· Judge failed to consider that Jesse may have been convicted only on a felony murder theory and may not have been the actual cause of death on the facts proven.

Evidence of mental illness, retardation, and/or neurological damage

None.

Criminal history

When Tafero was 20-years-old, he went to prison for attempted robbery and crimes against nature.

Appellate history

· Conviction and death sentence affirmed on direct appeal to Florida Supreme Court. Tafero v. Wainwright.

· Certiorari was denied.

· State and federal habeas unsuccessful.

· In Tafero’s state habeas evidentiary hearing the co-defendant initially agreed to tell the truth about what he did, but copped out at the last minute.

Was ineffective assistance of counsel an issue?

· Tafero’s trial lawyer had a drug problem during the time of the trial.

· After Tafero’s trial, the lawyer was disbarred.

· He was convicted of obstruction of justice for bribing a witness in an unrelated case and for narcotics conspiracy.

· The penalty phase consisted of a 30-second argument by defense counsel who said the defendant feels he did not receive a fair trial, the verdict is not fair, and he will not beg for his life or ask for mercy.

· Later, at the state evidentiary hearing on habeas, McCain testified Tafero forced him to make this argument.

Was police misconduct an issue?

· In Jacobs’s trial, two police officers testified that Jacobs had confessed to them, implicating Tafero in the murders.

· In the 11^th Circuit opinion overturning her conviction, the court found both alleged confessions ludicrous based on the circumstances, but threw only one out on Miranda grounds.

· In Tafero’s case a police officer claimed Tafero bragged about killing the police, but other officers present at the time of the alleged confession did not overhear Tafero’s statement.

Prosecutorial Misconduct

· The prosecutor suppressed the statement by a guard who overheard Rhodes confess to two inmates.

· Prosecutor lied saying he gave Rhodes the deal only because he passed a polygraph exam: the polygraph was a sham.

· In Sonia’s case, the jailhouse informant who later recanted said the prosecutor knew she, the snitch, was making it up.

· In Jesse’s case, the prosecutor came up with a bogus jailhouse snitch named as a witness on the first day of trial and failed to divulge facts about that witness’ career as a snitch.

· (State’s Attorney Satz apparently has a habit of using jailhouse snitches in a large percentage of his cases.) In Sonia’s case, the prosecutor failed to turn over the exculpatory polygraph summary.

· Although the statement only directly exculpated Sonia, because Jesse and Sonia were linked by Rhodes’ testimony, any evidence contradicting his trial testimony and showing him to be a liar would also have helped Jesse.

Appellate counsel

Craig Barnard and Richard Jorand by of W. Palm Beach Public Defender’s Office; Mark Olive and Jenny Greenberg of Tallahassee, Capital Collateral Counsel; Michael Tarre, Coral Gables, Fl, and Bruce Rogow, Nova University, Ft. Lauderdale.